[Adopted 5-2-1977 by Ord. No. 3-1977]
This article shall be known and may be cited as the "Sidewalk Construction Ordinance."
A. 
Except where specified in the following definitions, all words in this article shall carry their customary meanings. The word "shall" is mandatory and not directory; the word "abut" shall include the words "directly across from."
B. 
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
That area of any parcel of land regularly use by the pedestrian public for crossing said land, being that area abutting any street or state highway in the Borough of Towanda, and including the paved footway, any unpaved, grass plots, curbs and gutters.
[Amended 7-5-1983 by Ord. No. 7-1983]
Unless specifically designated otherwise in the particular ordinance affecting a street, the following classification of widths shall prevail, except where the width of the sidewalk herein designated is not in conformity with existing sidewalks on a street.
A. 
On residential streets and highways, the sidewalk shall be four feet in width.
B. 
On streets and highways of the business section of Towanda Borough, which shall encompass all areas zoned commercial, including but not limited to the C-2 (Central Business) District and the C-3 (Highway Commercial) District areas, the sidewalk shall be at least six feet in width and shall extend to the building line wherever a building abuts on the street line. The slope or grade from the property line to the curb shall be 1/4 inch per foot.
[Amended 7-5-1983 by Ord. No. 7-1983]
The Borough Council shall, at its own expense, furnish to the property owners a grade to which the property owners must conform in laying the sidewalk.
All new homes constructed after the enactment of this article shall construct new sidewalks of concrete in accordance with the specifications contained in this article.
A. 
Application and permit required.
(1) 
When any owner of any property within the Borough of Towanda shall construct or replace in its entirety, or cause to construct or replace in its entirety, any sidewalk abutting any street or state highway within the Borough, he or his representatives shall first make application for and obtain a permit to do so from the office of the Towanda Borough Building Inspector.
(2) 
Every such application shall be accompanied by a fee, established from time to time by resolution of the Council of the Borough of Towanda, Pennsylvania, for the processing of the application and issuance of the permit and, further, for the inspection of the completed construction.
[Amended 12-6-2010 by Ord. No. 2010-7]
(3) 
Each application shall be in writing and shall either be on the application form approved for such purposes or shall specify and be in accordance with such information as is required by the approved form.
(4) 
Construction shall not commence under this section until the application submitted has been approved and the permit has been issued.
B. 
Conditions for approval of application. Approval under this section is contingent upon compliance with the following:
(1) 
All sidewalks constructed under the provisions of this section shall be constructed of cement-concrete material.
(2) 
Unless otherwise provided for, all sidewalks shall have a width of four feet and a minimum depth of four inches. Individual sidewalk sections may be up to a maximum length of four feet. Any exceptions to these dimensions shall be requested in writing at the time of application.
(3) 
All sidewalks shall conform to the approved specifications in effect at the time of application.
(4) 
All sidewalks shall be constructed between the dates of May 1 and October 1, unless other times are authorized.
C. 
Inspection.
(1) 
Upon completion of construction, the property owner or his representative shall place a request with the office of the Borough Building Inspector to have an inspection made.
(2) 
The Borough of Towanda reserves the right to reject any or all work if it is determined from inspection or otherwise that the required specifications have not been fully met.
A. 
Application and permit required. When any owner of any property within the Borough of Towanda shall repair or cause to be repaired any sidewalk abutting any street or state highway within the Borough, he or his representatives shall first make application for and obtain a permit to do so from the office of the Towanda Borough Building Inspector. There shall be no fee required for the filing and processing of such application or for the issuance of the permit.
B. 
Required material. The required material for sidewalk repairs under this section shall be the same material of which the existing sidewalk consists, or any material which can stabilize the existing sidewalk.
[Amended 7-5-1983 by Ord. No. 7-1983]
A. 
Financial responsibility for constructing, maintaining and repairing. Sidewalks for the use of pedestrians shall be constructed and maintained, in safe and usable condition in or along streets and highways in the Borough of Towanda at the expense of the owners of the abutting premises.
B. 
Notice to construct, replace or repair sidewalks. If the Borough of Towanda shall determine that a sidewalk should be constructed, repaired or replaced in its entirety, either at an individual property or as part of a project to improve any block, neighborhood or area of the Borough, it shall cause a notice, in writing, to be served on all affected owners, specifying the nature of the construction, replacement or repair and the date by which such construction, replacement or repair must be accomplished.
C. 
Time of notice. In the case of repairs which are to be accomplished by the owner of an individual property, the written notice shall be served not less than 90 days prior to the date by which such repairs are to be completed. In the case of new construction or a project of replacement, which the Borough proposes to coordinate on behalf of affected property owners, in the interests of uniformity of elevation, dimension and specification and of the economy of a scale reasonably anticipated in a project encompassing more than one individual property, such notice shall be served not less than 10 days to the proposed commencement of such construction or replacement; unless such construction or replacement shall necessitate some preparation work which the Borough shall require to be completed by the affected owner, in which case such notice shall be served not less than 30 days prior to the date by which such preparation work shall be completed in order for the project to proceed in an orderly and uninterrupted fashion.
D. 
Public notice of proposed project. In the course of planning any proposed project of new construction or replacement of sidewalks in any block, neighborhood or area of Towanda, which project shall commence after December 31, 1983, the Borough of Towanda shall hold at least one public hearing for the purpose of gathering information from affected property owners and others as to the need, desirability, specifications, timing and cost of the proposed project. Such hearing shall occur at least three months before the commencement of construction or replacement under the proposed project, and notification of such hearing shall be given in a newspaper of general circulation in the Borough and by regular mail to all affected property owners.
E. 
Failure of owner to comply. Upon failure of any abutting landowner to commence repair of a sidewalk or to complete any preparation work in a project of replacement, within the time specified in a duly served notice under this section, the Borough of Towanda may cause such repair or preparation work to be completed in accordance with this article. Upon completion of such repair or preparation work by the Borough at its cost or upon failure of an affected owner to pay his proportionate share of the cost of a project of construction or replacement, assessed according to law, the Borough shall have the authority to file a municipal claim for such cost, together with 10% of the same authorized by law, and to proceed to collect all sums due and owing, either in a municipal lien proceeding or by other legal means.
Any violation or failure to comply with any provisions of this article shall constitute a summary offense and shall be subject to a fine of $100, plus costs of prosecution. Any person who fails to abate any violation of this article after notice of such violation shall be subject to an additional penalty of $200.