[Ord. 2012-488, 3/14/2012]
A.
The owner of any lot or lots in the Borough of Red Hill with sidewalks
and/or curbs that abut any street within the Borough of Red Hill shall
maintain the adjacent sidewalks and curbs in good order and repair
and in a safe and passable condition, free of ice and snow, tripping
hazards and obstructions. The owner shall repair any defects in such
sidewalks and curbs and remove any obstructions, which make them unsafe
or impassable to pedestrians.
B.
No owner of any lot or lots in the Borough of Red Hill shall plant,
install or maintain any tree, bush, shrubbery, vegetation or other
thing in such a way that it shall to any degree extend, either at
ground level or at any height above ground level, over or into the
sidewalk area in such a way that the same shall interfere in any way
with the full and unobstructed use of the whole width of the sidewalk.
[Ord. 2012-488, 3/14/2012]
The obligation of maintenance and repair shall include but not
be limited to:
A.
Repair of holes and repair of a crack or cracks within a block.
B.
Maintenance of a constant grade with repairs to be performed as follows:
(1)
Repair shall be made when one or more sections of the sidewalk
rise above or drop below the grade of the edges of immediately adjacent
sections resulting in a difference in elevation between blocks or
an irregular surface with depression(s) in depth.
(2)
Repair or replacement shall be made when the curb is out of
vertical alignment in excess of one inch with the adjacent curb or
an adjacent section of slab or sidewalk.
[Amended by Ord. 2013-498, 6/5/2013]
(3)
Repair shall be made when the curb is out of horizontal alignment
with the adjacent curb.
C.
Repair or replacement of any section of sidewalk that has spalling
on its surface such as to constitute a safety hazard or spalling in
excess of 50% of the surface area of the spalled slab.
[Amended by Ord. 2013-498, 6/5/2013]
D.
The trimming or removal of trees and bushes planted or growing upon
the lot or lots or upon the sidewalk area adjacent to the property,
as necessary, and the removal of leaves, tree limbs, grass clippings,
debris, cinders, gravel, grits, or any other refuse on such sidewalk
or branches, foliage and other obstructions projecting below seven
feet above the sidewalk. The owner shall be responsible for the prompt
removal of any such items whether or not such items were deposited
by the owner, his tenants, anyone acting under his direction, control,
or license or any third person. Such leaves, tree limbs, grass clippings,
debris, cinders, gravel, grits and other refuse shall be properly
bagged and disposed of upon being removed from such sidewalk. The
sweeping or other removal of such items onto Borough streets or state
highways is prohibited.
E.
The trimming or removal of trees and bushes located on or adjacent
to the lot or lots that are obstructing, hanging over or projecting
into the public streets, roads or alleyways below 15 feet above the
Borough street, road or alleyway, including, but not limited to, areas
adjacent to driveways and intersections where site distance is or
may be obstructed, and the removal of such leaves, tree limbs, bush
clippings, or other debris. The property owner shall be responsible
for the prompt removal of any such items whether or not such items
were installed or planted by the owner, his tenants, anyone acting
under his direction, control, or license or any third person. Such
leaves, tree limbs, bush clippings, debris or other refuse shall be
properly bagged and disposed of upon being removed. The sweeping or
other removal of such items onto Borough streets is prohibited.
F.
The removal of any tree, growing upon the owner's property or upon
the sidewalk area adjacent to the owner's property, upon notice from
the Borough, when the roots of the tree have caused any part of the
sidewalk to heave up, be cracked or otherwise disturbed, and the subsequent
repair or reconstruction of the sidewalk, as required by the Borough,
so as to place the sidewalk in proper condition.
G.
The maintenance of any private utility poles or private sewer or
utility pipes now or hereafter placed or maintained in the sidewalk
limitations so as to prevent injury to persons or property. The owner
shall be responsible for the prompt removal or changing of such private
utility poles and private sewer or utility pipes whenever determined
by Borough Council to be in the best interests of the Borough.
H.
Reconstruction or replacement of sidewalks and curbs, or repair of
any other condition, which may create a pedestrian safety hazard as
determined by Borough Council or its duly authorized representative.
[Ord. 2012-488, 3/14/2012]
A.
All sidewalks and curbs shall be constructed, reconstructed and repaired and the grading therefor done upon the line and grade obtained by the property owner from the Borough Engineer or other duly authorized representative of the Borough and shall conform to the requirements and specifications of this Part, the design standards and specifications set forth in Part 4 of Chapter 22 (Subdivision and Land Development), as amended and supplemented from time to time, and in any ordinances, resolutions, rules, regulations or legal requirements enacted or adopted by Borough Council. Borough Council shall have the right to issue rules and regulations as to sidewalk and curb construction or reconstruction not inconsistent with the provisions of this Part.
B.
In the case of existing sidewalks constructed of material other than
concrete, no repairs thereof shall be permitted if deemed unsafe for
pedestrian traffic as determined by the Borough or its duly authorized
representative. If determined to be unsafe, sidewalk replacement shall
be required.
C.
The methods, materials and specifications utilized by the property
owner for the construction, reconstruction or repair of sidewalks
and curbs shall be reviewed and approved by the Borough Engineer as
being viable and not inconsistent with the provisions of this Part.
[Added by Ord. 10/11/2017]
[Ord. 2012-488, 3/14/2012; as amended by Ord. 2017-538, 8/9/2017; and
by Ord. No. 2020-571, 12/9/2020]
1.
Inspection
Prior to Road Paving or Resurfacing.
A.
Prior to the resurfacing of any street or road within the Borough,
the Borough Engineer or other duly authorized representative of the
Borough shall inspect all sidewalks and curbs adjacent to the street
or road to be resurfaced and determine whether such sidewalks and/or
curbs are in need of repair, reconstruction or replacement prior to
the resurfacing of such street or road. An inspection of all sidewalks
and curbs in the Borough may also be made at such other times and
upon such other circumstances as may be determined by Borough Council
in its discretion.
B.
Within 30 days of any inspection conducted pursuant to Paragraph
A above, a report prepared by the person who performed the inspection
shall be forwarded to the Borough and shall contain a list of those
properties with sidewalks or curbs that require repair, reconstruction
or replacement. The report shall include a brief description of each
item of noncompliance, shall specify the required repairs or replacements
and shall indicate if the condition requires emergency repair. Following
receipt of the report, written notice shall be sent by the Borough
Engineer or other duly authorized representative of the Borough to
each property owner who is required to perform the repairs, reconstruction
or replacement specified in the report in accordance with the requirements
of this Part. The completion date for the performance of such work
shall be set forth in the written notice to the property owner. No
extensions of the completion date shall be permitted except as determined
by the Borough in its sole discretion upon advice of the Borough Engineer.
C.
Unless the condition is determined by the Borough to be unsafe, the
Borough may elect to waive the requirement that the property owner
repair, replace or reconstruct the sidewalks and/or curbs following
the inspection conducted pursuant to this section if the Borough reasonably
anticipates that revitalization grant monies will be made available
to the Borough within two years from the date of the inspection for,
among other things, repair, replacement and/or reconstruction of sidewalks
and/or curbs in the Borough.
2.
Borough Maintenance Program Inspection.
A.
As part of the Borough's sidewalk and curb maintenance program, the
Borough Engineer or other duly authorized representative of the Borough
shall conduct an inspection of sidewalks and curbs in the Borough
at such times and upon such circumstances as may be determined from
time to time by Borough Council. The purpose of the inspection shall
be to determine whether such sidewalks and/or curbs need repair, reconstruction
or replacement.
B.
The person who performs the inspection shall submit a written report
to the Borough listing each property inspected and identifying those
properties with sidewalks or curbs that require repair, reconstruction
or replacement. The report shall briefly describe each item of noncompliance
and specify the required repairs, reconstruction or replacements.
Following receipt of the report, the Borough or its duly authorized
representative shall send written notice to each property owner who
is required to perform the repairs, reconstruction or replacements
specified in the report in accordance with the requirements of this
section and other applicable requirements of this Part.
C.
The property owner shall, upon written notice from the Borough or
its duly authorized representative, repair, reconstruct or replace
the sidewalk or curbing, or both, in the manner stipulated in such
notice, in front of or alongside such property. The work identified
in the notice shall be completed within one year from the date of
the written notice. No extensions of the completion date shall be
permitted unless the delay is due to circumstances beyond the reasonable
control of the owner, as determined by the Borough in its sole discretion.
If an extension is granted by the Borough, then as a condition to
the extension, the owner shall pay the permit extension fee then in
effect.
3.
Residential Rental Property Inspection. The repair, reconstruction or replacement of sidewalks and/or curbs required as a result of a triennial residential rental property inspection performed pursuant to § 5-403 shall be completed in accordance with the requirements of this Part. In the event the inspection indicates that repairs, reconstruction or replacements of the sidewalks and/or curbs are needed, the Borough or its duly authorized representative shall send the property owner a written notice identifying the work required. The notice shall advise the owner the work shall be completed within 90 days from the date of the written notice. The Borough may, in its discretion after consultation with the Borough Engineer, grant an extension of time for 30, 60 or 90 days to the owner for good cause shown after written application therefor; provided, however, that in no event shall such extension(s) exceed 90 days in the aggregate. If an extension is granted by the Borough, then as a condition to the extension, the owner shall pay the permit extension fee then in effect.
[Ord. 2012-488, 3/14/2012; as amended by Ord. 2017-538, 8/9/2017; and
by Ord. No. 2020-571, 12/9/2020]
1.
The Borough
Engineer or other duly authorized representative of the Borough, when
directed by the Borough, may perform inspections of sidewalks and
curbs in the Borough in response to complaints received by the Borough
from residents or due to other circumstances unrelated to road paving
or resurfacing, the Borough sidewalk/curb maintenance program or residential
rental property inspections. Any sidewalk or curb repairs, construction,
reconstruction or replacements required as a result of such inspections
shall be governed by the requirements of this section and other applicable
requirements of this Part.
A.
Every owner of property in the Borough shall, upon 90 days' written notice, repair, reconstruct or replace the sidewalk or curbing, or both, in the manner stipulated in such notice, in front of or alongside such property. However, where a condition exists of an emergency nature, such repairs, reconstruction or replacement shall be made within 96 hours of verbal notice or posting at the property as provided in § 21-206 hereof.
B.
The Borough may, from time to time, require the construction of sidewalks and/or curbs on or adjacent to the streets and roads within the Borough where the same shall not heretofore have been constructed and shall, at such time, prescribe the width and other specifications thereof. The owner shall, upon 90 days' written notice, construct sidewalks, and/or curbs in accordance with such notice, which shall conform to all applicable requirements in accordance with § 21-203A hereof.
C.
The Borough may, in its discretion after consultation with the Borough
Engineer, grant an extension of time for 30, 60 or 90 days to the
owner for good cause shown to complete all required repairs, construction,
reconstruction or replacement work after written application therefor;
provided, however, that in no event shall such extension(s) exceed
90 days in the aggregate. If an extension is granted by the Borough,
then as a condition to the extension, the owner shall pay the permit
extension fee then in effect.
[Ord. 2012-488, 3/14/2012]
The written notice shall be sent to the property owner by first-class
mail, postage prepaid, and by certified mail, return receipt requested,
at the address designated as the owner's address according to the
records maintained by the office of the Montgomery County Recorder
of Deeds. Service upon the property owner shall be deemed complete
when the sender has received the return receipt. In the event the
notice sent by certified mail is refused or unclaimed, service shall
be deemed complete if the notice sent by regular mail is not returned
to the sender by the United States Post Office. Where emergency repairs
are required, notice shall be deemed complete upon providing:
[Ord. 2012-488, 3/14/2012; as amended by Ord. No. 2020-571, 12/9/2020]
A.
Any property
owner, upon his own initiative and without notice from the Borough,
may construct, repair, reconstruct or replace sidewalks or curbs along
his property, provided that such owner shall have made application
to the Borough and shall have obtained the permits specified in this
Part and shall do such work in accordance with the requirements of
this Part. The Borough Engineer or other duly authorized representative
of the Borough shall have the authority to stop any curb or sidewalk
work which violates any of the provisions of this Part or any other
applicable ordinances, resolutions, rules, regulations or legal requirements
then in effect. The owner shall notify the Borough Engineer at least
five business days prior to commencement of the work to enable the
Borough Engineer to establish an appropriate inspection schedule for
the work.
B.
The work described in § 21-207A shall be completed within 90 days from the date of issuance of the permit for such work. The Borough may, in its discretion after consultation with the Borough Engineer, grant an extension of time for 30, 60 or 90 days to the owner for good cause shown to complete all required repairs, construction, reconstruction or replacement work after written application therefor; provided, however, that in no event shall such extension(s) exceed 90 days in the aggregate. If an extension is granted by the Borough, then as a condition to the extension, the owner shall pay the permit extension fee then in effect.
[Ord. 2012-488, 3/14/2012]
A.
Should a property owner fail to construct, repair, reconstruct or
replace sidewalks or curbs within the period of time specified in
the notice from the Borough, the Borough may, at its discretion, proceed
to perform such work.
B.
Construction, repairs, reconstruction or replacement of sidewalks
and curbs required under the provisions of this section shall be done
at the expense of the property owner. The Borough shall assess the
property owner for the cost of the work that it performs, plus an
additional 10% of such costs, together with all charges and expenses
incurred by the Borough, including attorneys' fees, and shall seek
reimbursement from the owner. The Borough may file a municipal claim
therefor, collect the same by action in assumpsit or seek reimbursement
in any other manner set forth in this Part or by any other lawful
means.
[Ord. 2012-488, 3/14/2012]
Where, in the opinion of the Borough Council, the Borough Engineer or other duly authorized representative of the Borough, a dangerous condition exists in any sidewalk that can be repaired by the expenditure of not more than $500, and provided verbal and/or written notice to make the repairs within 96 hours has been personally served upon the owner or posted upon the property in the manner provided for in § 21-206, and such repairs have not been made within 96 hours after notice has been provided, the Borough shall have the power to make such emergency repairs. The certificate of the Borough Council, the Borough Engineer or other duly authorized representative of the Borough shall be conclusive evidence of the existence of the emergency justifying the repair. Upon completion of the work by the Borough, the cost thereof shall be charged against the owner of the property and shall be a lien upon such property until paid, provided a municipal claim therefor is filed in accordance with applicable law.
[Ord. 2012-488, 3/14/2012]
A permit shall be obtained from the Borough before any required
construction, repairs, replacement or reconstruction work is performed.
Application for the permit shall be made in accordance with the following:
A.
The applicant shall submit the application and all supporting documentation
and information requested on the form of application provided by the
Borough. As part of the permit application to perform sidewalk or
curb work, the applicant or contractor performing the work shall provide
the Borough with a certificate of insurance evidencing coverage for
general commercial liability and damage to personal property in the
minimum amount of $1,000,000. The certificate shall name Red Hill
Borough, its elected and appointed officials, agents, successors and
assigns and the Borough Engineer as additional insureds. The certificate
of insurance shall include the following provision or comparable provision:
"Should any of the above described policies be cancelled before the
expiration date thereof, notice shall be delivered in accordance with
the policy provisions." If the contractor is a utility company or
utility provider performing work within the public right-of-way and
is self-insured, the contractor shall produce a certificate in form
and substance satisfactory to the Borough Solicitor, which evidences
that self-insurance is in effect for the foregoing amount and names
Red Hill Borough and the Borough Engineer as certificate holders.
[Amended by Ord. No. 2019-550, 1/9/2019; by Ord.
No. 2020-564, 5/13/2020; by Ord. No. 2020-571, 12/9/2020; by Ord. No. 2021-576, 10/13/2021; and by Ord. No. 2022-581, 5/11/2022]
B.
An application fee, as approved by Borough Council and on file in
the Borough office, shall be submitted to the Borough with the application.
C.
Once the application is complete, the Borough shall review the application
and either approve or deny the application within 10 business days.
If the application is approved, a permit shall be issued.
[Amended by Ord. No. 2020-571, 12/9/2020]
D.
The permit issued under this Part shall be valid for the time period
governed by this Part and identified in the permit. The fee for the
permit shall be established by resolution of Borough Council, as last
adopted. Any extensions of time granted by the Borough in accordance
with the requirements of this Part shall be conditioned upon payment
of a permit extension fee. The amount of the extension fee shall be
established by resolution of Borough Council, as amended from time
to time.
[Amended by Ord. No. 2020-571, 12/9/2020]
[Ord. 2012-488, 3/14/2012; as amended by Ord. 2017-538, 8/9/2017; and
by Ord. No. 2020-571, 12/9/2020]
All work, whether directed by the Borough or at the initiative of the property owner, shall be inspected by the Borough Engineer or other duly authorized representative of the Borough. All work shall be performed in conformance with the specifications set forth herein, in Part 4 of Chapter 22 (Subdivision and Land Development), and in compliance with all other laws, ordinances, resolutions, regulations and legal requirements governing the work; and one or more inspections by the Borough Engineer or other duly authorized representative of the Borough shall be made as the work progresses to ensure the work is performed in conformity with Borough and other applicable legal requirements. All inspections shall be made at the owner's sole cost and expense.
[Ord. 2012-488, 3/14/2012; as amended by Ord. No. 2020-571, 12/9/2020]
If any sidewalk and/or curb shall be constructed, reconstructed, repaired or replaced without conforming to the requirements of this Part, or of any other ordinance or law, the Borough Council, the Borough Engineer or other duly authorized representative of the Borough may require the owner of the premises and other persons responsible for such construction to remove the faulty sidewalk or curb as a nuisance and replace it with conforming construction; and on failure of such person to do so within such time as the Borough Engineer or other duly authorized representative of the Borough shall fix, the Borough may proceed to do so and seek reimbursement from the owner in accordance with § 21-208 hereof.
[Added by Ord. 2014-510, 11/12/2014[1]; and amended by Ord. 2017-536, 6/14/2017]
A.
All letters
notifying property owners of the necessity to repair, replace and/or
reconstruct sidewalks in accordance with the procedures and requirements
set forth in the duly adopted ordinances of the Borough of Red Hill
shall inform affected property owners that the Borough of Red Hill
will, at its own expense, construct ADA-compliant accessibility ramps
within the rights-of-way at any and all intersections of the streets
or alleys of the Borough of Red Hill and/or rights-of-way under the
jurisdiction of the Pennsylvania Department of Transportation. The
letters informing property owners of the construction of ADA-compliant
accessibility ramps shall inform the property owner of the affected
portions of the sidewalk and the approximate date or time of the installation
of the ADA-compliant accessibility ramp in order to allow the property
owner to coordinate construction of repair, replacement and/or reconstruction
with the property owner’s contractor. Prior to construction
by the Borough, the Borough’s contractor shall apply for a permit,
which shall be provided at no charge. The technical requirements for
ADA compliance on the date of the permit application shall govern
the standards for the installation of the ADA-compliant accessibility
ramp. The construction of the ramp shall be subject to inspection
pursuant to the ordinances of the Borough of Red Hill. The Borough
shall bear the costs of the aforesaid inspections.
B.
All letters
notifying property owners of the necessity to repair, replace and/or
reconstruct defective driveway aprons in accordance with the procedures
and requirements set forth in the duly adopted ordinances of the Borough
of Red Hill shall inform affected property owners that the property
owner shall reconfigure any defective driveway aprons with ADA-compliant
cross slopes. The property owner shall bear the cost of all repair,
replacement and reconstruction of driveway aprons as is necessary
for compliance with the ADA Technical Specifications for cross slopes.
The ADA Technical Specifications for cross slopes shall be the technical
specifications in effect on the date of permit application. Compliance
with ADA Technical Specifications for cross slopes shall be subject
to inspection by the Borough Engineer. All letters informing property
owners of repair, replacement and/or reconstruction of defective driveway
aprons shall include provisions indicating the necessity of complying
with the cross-slope technical specifications for driveway aprons.
C.
Any property owner who, at his or her own cost, constructed ADA-compliant
accessibility ramps as a result of notification by the Borough to
repair, replace and/or reconstruct curbs and sidewalks pursuant to
the applicable procedures and requirements of the ordinances of the
Borough of Red Hill shall be eligible for reimbursement for the cost
of the aforesaid repair, replacement and/or construction or reconstruction
of ADA-compliant accessibility ramps at intersections of Borough streets,
alleys or rights-of-way under the jurisdiction of the Pennsylvania
Department of Transportation. Property owners shall submit a request
in writing addressed to the Borough and include copies of sidewalk
and curb contracts, canceled checks and other indicia of the actual
costs of the project. Upon receipt of the request, the Borough shall
forward the request to the Borough Engineer. The Borough Engineer
shall review the materials submitted by the property owner in order
to determine the approximate cost of the installation of the ADA-compliant
accessibility ramps and make a recommendation for reimbursement. The
recommendation shall be furnished in writing to the Borough with a
copy to the property owner via certified mail. The letter shall contain
a notice to the property owner that the property owner shall have
10 days to object to the recommended reimbursement and submit additional
evidence or written reason for the objection. The Borough Engineer
shall have 10 days to consider the objection and make a new written
recommendation or letter of no change in recommendation to be delivered
to the property owner via certified mail and the Borough via regular
mail. The recommendation shall be considered by Borough Council at
the next Borough Council meeting for action, and the property owner
shall be provided notice of the meeting in writing and be afforded
an opportunity to be heard prior to action by Borough Council. A property
owner aggrieved by the action of Borough Council under this policy
may appeal pursuant to the procedures set forth in the Local Agency
Law[2] concerning appeals from actions or determinations of a
local agency.
[Amended by Ord. No. 2020-571, 12/9/2020]
[2]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
[Ord. 2012-488, 3/14/2012]
A.
Any person or entity who violates any of the provisions of this Part
shall, upon conviction in a summary proceeding before a District Justice,
be punishable by a fine of not less than $25 nor more than $300, and
costs of prosecution, for each and every offense or, upon default
in payment of the fine and costs, by imprisonment for a period not
to exceed 10 days. Each thirty-day period that such violation is continued
shall constitute a new and separate offense, punishable by like fine,
penalty or imprisonment.
B.
Any person or entity who performs as a contractor or subcontractor
or who employs a contractor or subcontractor for the construction,
replacement or repair of sidewalks and curbs, or either of them, or
who fails to comply with the specifications set forth in the Borough
Subdivision and Land Development Ordinance, as amended from time to
time, shall be in violation of this Part and, upon conviction thereof
before a District Justice, shall be sentenced to pay a fine of not
less than $300 and not more than $1,000, together with costs of prosecution,
or, upon default in payment of the fine and costs, by imprisonment
for a period not to exceed 30 days, and, further, shall be directed
to remove all such construction not done in compliance with Borough
specifications and to replace such construction with work that complies
with Borough specifications.
C.
Attorneys' fees imposed in connection with the enforcement of this
Part shall be consistent with the effective hourly rate schedule in
effect at the time the work is performed in accordance with the Borough
Solicitor's Schedule of Hourly Rates for litigation, enforcement and
collection matters before a District Justice, in the Court of Common
Pleas and in the Pennsylvania Appellate Courts, as approved by Red
Hill Borough Council.
[Ord. No. 2020-564, 5/13/2020]
A.
Notwithstanding any provision to the contrary contained in this Part,
a utility company or utility provider, its employees, contractors
and subcontractors, that performs any work on utility poles, pipes
or other structures in the Borough of Red Hill shall promptly repair
and restore the surrounding area, including, without limitation, the
sidewalks, curbs, utility poles and ground, to the condition in which
it existed immediately prior to the performance of such work. All
repairs and restoration work shall be performed promptly at the sole
cost and expense of the utility company or utility provider. If the
repairs and restoration work are not completed within 30 days after
written notice sent by first class mail, postage prepaid, from the
Borough to the contact person on the permit application for the original
work, the Borough shall have the right (but not the obligation) to
undertake such repairs and/or restoration work and to bill the utility
company or utility provider for all costs and expenses incurred by
the Borough to perform such work, including attorneys' fees and an
administrative fee of 10% of the cost of such work. All other provisions
of this Part shall remain applicable to the extent not inconsistent
with this section.
B.
If the utility company or utility provider, or its contractors or subcontractors, fails to apply for a permit prior to performing work as required by § 21-210 of this Part, then any form of reasonable written notice from the Borough (as determined by the Borough in its sole discretion) to the utility company or utility provider shall suffice prior to the Borough undertaking such repairs and/or restoration work. In addition, any future permits requested by or on behalf of such utility company or utility provider shall be withheld by the Borough until any and all amounts owed to the Borough have been paid in full.
