This article shall be known and may be referred to as the "Township
of West Deer Sidewalk Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Includes all paved pedestrian pathways situated within public
street rights-of-way and abutting private or public property.
The purpose of this article is to provide for the proper, uniform
construction of sidewalks, and to ensure that all sidewalks are adequately
maintained and kept in a state of good repair so as to reduce or otherwise
eliminate any condition that would constitute a hazard to or result
in possible injuries to the pedestrian public.
A.
Installation, repair, or replacement of sidewalks or sections thereof
shall be in accordance with current Township of West Deer specifications.
The width, location, and grade of the sidewalks in the Township shall
be fixed in accordance with construction standards as prepared by
the Township Engineer and adopted by the Board of Supervisors.
A.
It shall be unlawful for any person to construct or reconstruct any
sidewalk without first securing a permit from the Manager for each
separate undertaking; provided, however, that any person maintaining
pipes, lines or other underground facilities in or under the surface
of any sidewalk may proceed with an opening without a permit when
emergency circumstances demand the work to be done immediately, provided
that the permit could not have been reasonably and practically obtained
beforehand. In such cases where emergency openings are necessary,
however, the Township shall be notified prior to such openings in
one of the following manners:
B.
The person shall thereafter apply for a permit on the first regular
business day on which the office of the Manager is open for business,
and said permit shall be retroactive to the date when the work was
begun.
In the construction of any sidewalk, the mixture shall be made
in a batch mixer or other equipment so constructed as to prevent the
mixture or any part thereof from coming in contact with the paved
portion of the street. After the construction is completed, the paved
street shall be returned to the same condition as it was before the
construction was commenced.
The construction, reconstruction, and repair of sidewalks shall
be subject to the inspection and supervision of the Manager and Township
Engineer. If such construction, reconstruction, and repairs are not
being made in accordance with the requirements of this article, the
Manager and/or the Township Engineer shall have the right to stop
the work and enforce compliance with this article.
It shall be the duty of each owner of any lot abutting a street
in the Township to maintain and keep in good repair the sidewalk in
front of his or her premises, and to keep sidewalks clear of all obstructions
to safe and convenient passage.
A.
In the event that a property owner fails to properly maintain the
sidewalk in front of his or her property in accordance with any section
of this article, a notice of violation shall be issued by the Township
and sent to the property owner by certified mail. The property owner
shall take the steps necessary to correct such violation(s) within
a reasonable period of time, but in no case shall any violation remain
uncorrected for a period of more than 30 days from the date of receipt
of the notice of violation. Failure to comply shall subject the property
owner to the penalties contained in this article.
B.
If the property owner continues to fail to comply with such notice,
the Township may make the necessary repairs, remove any obstructions,
or eliminate any hazard to pedestrian safety at its own cost. The
cost of the same, together with a penalty of 20%, shall be paid by
the delinquent property owner and be collected by an action of assumpsit.
Furthermore, the Township Supervisors may file a municipal hen against
the property.
A.
All sidewalks in the Township shall, at all times, remain open and
unobstructed for the use of the public. Sidewalks shall be kept clean
and clear from all dirt, earth, rock, rubbish, glass, refuse matter,
and any other obstructions, including weeds, hedges, and other vegetation.
All owners of premises or persons inhabiting premises abutting sidewalks
in the Township shall be responsible for ensuring the same.
B.
When snowfall occurs, the same shall be removed from all sidewalks
within 24 hours after the snow ceases to fall.
No steps, areaways, artificial structures, or projections of
any kind shall be permitted to encroach or project beyond the inner
line of any sidewalk in the Township, nor shall any building or structure
or attachment thereto be allowed or permitted to encroach upon, overhang
beyond, or project over the inner line of any sidewalk.
A.
It shall be unlawful for any person to place or erect any post, pump,
or other similar upright obstruction on any part of a sidewalk between
the curb and the property line within the limits of the Township.
B.
The structures enumerated in this section are not intended to include
poles and posts used by public service utilities.
All poles, trees, and lampposts which may be located within
the limits of any street shall be located between the sidewalk and
the property line and not against the curb, or in conformity with
Chapter 27, Zoning, whichever is more restrictive.
[Amended 4-20-2016 by Ord. No. 408]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
