[Adopted 11-12-2013 by Ord. No. 193-2013]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any individual, association, partnership, public or private
corporation, whether for-profit or not-for-profit, trust, estate or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of the action to comply with the terms
of this article, the term "person" shall include the members of an
association, partnership or firm and the officers of any public or
private corporation, whether for-profit or not-for-profit.
For unoccupied or multiple-unit properties, the person or
persons who is/are the owner(s) of such property; for occupied single-unit
properties, all owners and occupants of the property.
The owner or owners of all lots fronting or abutting upon any
public street right-of-way or alley shall construct new sidewalks
when required to and lay, set, and maintain in good repair and condition
free of hazard new and existing sidewalks and driveway aprons in front
of or alongside their respective lots, satisfactory to the Township
Board of Supervisors or its designee, and according to the elevations,
grade, width, height and slope which are now or hereafter established
by the Township, and of the materials and specifications hereinafter
prescribed.
A.
The owner or owners of any lot or lots in Brecknock Township benefitted
from sidewalks, including associated driveway aprons, whether within
the street right-of-way fronting or abutting the lot or on the lot
itself, shall maintain such sidewalks in a safe and passable condition,
free of tripping hazards and obstructions. The owner or owners shall
repair any defects in such sidewalks and remove any obstructions which
make them unsafe or impassible to pedestrians.
The obligation of maintenance for sidewalks and driveway aprons
shall include but not be limited to:
A.
Repair of holes and cracks having a width in excess of 1/2 inch at
any one point along a length of one foot or greater.
B.
Maintenance of a constant grade. 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 an irregular
surface.
C.
Repair of any section of sidewalk or driveway apron that has spalling
on 25% or more of its surface.
D.
The removal of leaves, tree limbs, grass clippings, debris, cinders,
gravel or any other refuse on such sidewalk or projecting branches
and other obstructions. The removal of projecting tree limbs and branches
must result in a walking clearance of at least seven feet above the
sidewalk. The property 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 directions, control, or
license or any third person. Such leaves, tree limbs, grass clippings,
debris, cinders, gravel, 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 Brecknock Township streets or
state highways is prohibited.
E.
Repair of any other instance which may create a pedestrian safety
hazard, as determined by the Brecknock Township Engineer, Code Enforcement
Officer or Roadmaster.
At the direction of the Board of Supervisors, the Township Engineer,
Code Enforcement Officer or Roadmaster shall inspect all sidewalks
and driveway aprons in Brecknock Township. Within 30 days of his/her
inspection, he/she shall forward a report to Brecknock Township containing
a list of those properties not in compliance with the requirements
of this article. The report shall include a brief description of each
noncompliance and specify the required repairs.
Every owner of property in Brecknock Township shall, on 60 days'
notice, repair the sidewalk or driveway apron, or both, in the manner
stipulated in such notice, in front of or alongside such property.
If the 60 days concludes after November 15, then the repairs shall
be made on or before April 30 of the following year of the notice.
However, where a condition exists of emergency nature, such repairs
shall be made within 96 hours of the notice.
Any property owner, upon his own initiative and without notice
from any Brecknock Township authority, may repair a sidewalk or driveway
apron along his property, provided that such owner shall have obtained
the permits specified in this article and shall do such repairs in
accordance with the requirements of this article.
The construction of new sidewalks and driveway aprons and the repair and maintenance of existing sidewalks and driveway aprons shall be in accordance with the standards and details contained within § 98-43G and Appendix F of the Brecknock Township Subdivision and Land Development Ordinance and Chapter 58 of the Code of Brecknock Township.
A permit shall be obtained from Brecknock Township before doing
any grading, repairs or maintenance required to sidewalks and driveway
aprons. Application for the permit shall be made in accordance with
the following rules and regulations:
A.
The applicant shall submit one copy of the completed application
and information requested on the form of application to the Brecknock
Township Secretary.
B.
An application fee, in accordance with the fee schedule as approved
by the Brecknock Township Board of Supervisors and on file in the
Brecknock Township office, shall be submitted with the application
to the Brecknock Township Secretary.
C.
The Brecknock Township Engineer, Code Enforcement Officer, or Roadmaster
shall inspect the work to determine the degree of compliance to the
regulations governing the work.
D.
In all cases of new construction of sidewalks or driveway aprons,
the applicant shall submit a plot plan with the application to demonstrate
the location of the work to be completed for review by the Township
prior to construction by the applicant or applicant's contractor.
In the case of resetting or repairing of any sidewalk or driveway
apron, in excess of 10 feet in length, the applicant and his/her contractor
shall follow any existing approved plans, lines and/or grades to connect
to the existing sidewalk network in a consistent fashion, subject
to the approval of the Township. The cost of all review and inspections
by the Township shall be paid by the applicant, in accordance with
a fee schedule adopted by resolution, to the Brecknock Township Secretary
at the time of filing the written application.
E.
A permit shall be effective for a period of 90 days from date of
issuance and may, prior to expiration of the original or renewal period,
be renewed by the proper Brecknock Township official for an additional
period of 90 days upon written application and payment in accordance
with the fee schedule adopted by resolution. When reference points
have been disturbed, they shall be reestablished at the applicant's
expense.
Upon failure of any owner of property in Brecknock Township
to repair any sidewalk or driveway apron after notice has been given
in accordance with this article, Brecknock Township may cause the
necessary repairs to be done at the expense of the owner and may collect
the cost thereof and all additional charges, expenses and penalties,
including but not limited to attorneys' fees, as authorized.
A.
The owner, occupant or tenant of every property fronting or abutting
upon or alongside any street in Brecknock Township is hereby required
to remove or cause to be removed from all the sidewalks in front of
or alongside such property all snow and ice thereon fallen or formed,
to a minimum width of 48 inches, within 24 hours after the same shall
have ceased to fall or to form. No such snow, ice, hail or sleet removed
from sidewalks as herein provided shall be deposited in or on any
street, road, alley or public way used for public travel. The owner
of the property shall be responsible for conforming to the requirements
of this section where such property is occupied by such owner or is
vacant or unoccupied or is a multiple-unit property occupied by more
than one occupant or tenant. In the case where the property consists
of a single rental unit, the occupant or tenant thereof shall be responsible
to remove all snow and ice as stated herein.
B.
In any case where the owner, occupant or tenant, as the case may
be, shall fail, neglect or refuse to comply with any provision of
this section of this article within the time limit prescribed therein,
Brecknock Township authorities may proceed immediately to clear all
snow and/or ice from the sidewalk and collect the expenses thereof,
with an additional amount of 10%, from such owner, occupant or tenant,
which may be in addition to any fine or penalty imposed under this
article.
Any person, firm, corporation or other entity applying for any
permit under this article shall indemnify Brecknock Township against
all liability of whatever nature arising during the performance of
work for which a permit is granted, whether or not the liability arises
as a result of the negligence of the person, firm, corporation or
other entity to whom the permit was issued.
A.
It shall be unlawful for any person, firm, corporation or other entity
to grade any sidewalk area or construct or repair any sidewalk or
driveway apron within Brecknock Township except in compliance with
the provisions of this article.
B.
Whenever the owner or owners of any property in the Township shall
fail to comply with any of the requirements in this article, the Township
Board of Supervisors may cause notice to be served upon such owner
or owners, their agent or tenant, in the manner prescribed by law,
setting forth specifically in what respect such owner or owners have
failed to comply with any of the above requirements and what work
such owner or owners are required to do in order to effect such compliance.
In the event of the failure or neglect of any such owner or owners
to comply with the terms and conditions of such notice within 60 days
from the date of service of such notice in the case of new work, or
within 60 days from the date of service thereof in the case of repair
work, the Board of Supervisors shall cause such work to be done at
the cost of the owner or owners of such property, and the cost thereof
and 10% additional, together with all charges and expenses, shall
be collected from such owner or owners by the Township, which may
file a municipal claim therefor or collect the same by action in assumpsit,
as the Board of Supervisors may direct.
Where a nuisance results from the condition of a sidewalk or
driveway apron to such an extent that, in the judgment of the Township,
it constitutes a danger of injury to persons or property, the Township
shall have the authority to repair such dangerous condition after
48 hours' notice to make such repairs has been served upon the
property owner; provided, however, that the cost of such repairs shall
not exceed $500. The cost of such work shall be recoverable through
a civil action, or the Township may file a municipal claim. This section
is intended to provide an additional remedy for the Township in connection
with emergency repairs and shall not limit any other remedy the Township
may have under this article or under applicable law.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a District Justice, pay a fine of
not more than $600, plus all court costs, including reasonable attorneys'
fees, incurred by the Township in the enforcement of this article.
No judgment shall be imposed until the date of the determination of
the violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
The Township's rights and remedies under this article and
as otherwise provided by law shall be cumulative, and the pursuit
of one shall not be deemed to preclude the subsequent pursuit of any
other right or remedy.
