This article may be cited as the "Brighton Township Sidewalk
and Curbing Ordinance."
The construction, maintenance, and repair of all sidewalks and
curbs within the Township of Brighton, whether new or existing, shall
be done in conformity with the following specifications, regulations
and other provisions.
It shall be the duty of the Township Secretary or such other
person as may be from time to time designated by resolution of the
Township Supervisors to administer and enforce this article, and he
is hereby authorized and directed to take such action as may be reasonably
necessary to enforce this article and carry out its provisions and
purposes. In this responsibility, the Township Secretary shall be
assisted by the Township Engineer. The above officials shall be the
administrative authority charged with the responsibility of carrying
out the provisions of this article.
All work done hereunder shall be inspected by the Township Engineer,
or authorized representative, representing the Board of Supervisors
of the Township of Brighton, Beaver County, Pennsylvania.
It shall be the responsibility of the owner of the abutting
property to keep the sidewalk immediately in front of his property
in good order and repair and at all times free and clear of all obstruction
to safe and convenient passage. This shall include keeping and maintaining
such sidewalks free and clear of all dirt, trash and similar debris,
including the removal of snow and ice, and shall also include keeping
and maintaining the sidewalk free of any merchandise, sign or other
unauthorized structure or appurtenance.
The Township Secretary is hereby empowered to notify property
owners when sidewalks and curbs are in need of repair or renewal,
and the repair or renewal thereof shall be made by the property owners
within 30 days after said written notice is given to said property
owners. Nothing herein contained shall be construed to place the responsibility
of determining when sidewalks may become dangerous to the welfare
and safety of the traveling public upon the Township. At all times
such responsibility shall be solely upon the property owner whose
land abuts the curb or sidewalk.
Upon the failure of any property owner to construct, pave, repave
or maintain any sidewalk, curb or gutter in compliance with notice
to do so, Brighton Township may do the same or cause the same to be
done and may levy the cost of its work on such owner as a property
lien to be collected in the manner provided by law.
It shall be unlawful for any owner or occupant of any property
to allow or permit snow or ice to lay upon, remain upon or be piled
or accumulated upon a sidewalk upon which such property abuts within
the Township for more than 24 hours.
It shall be the duty of the property owner or the occupant of
the property, not later than 24 hours after snow has ceased to fall,
to clear or cause to be cleared a pathway in the sidewalk upon which
said property abuts. Such pathway shall not be less than 30 inches
in width and shall be thoroughly cleaned to the extent of snow and
ice or other obstruction.
A.
Snow or ice removed from the sidewalk area shall be placed on the
property of the owner, adjacent to the removal area. Excessive amounts
of snow or ice may be placed in the area between the sidewalk and
the curbline, but not in the street. If the snow and ice is frozen
so hard that it cannot be removed without injury to the pavement or
damaging the base of the footpath, the owner of the property shall
cause the sidewalk abutting or adjacent to such property to be strewn
with ashes, sand, sawdust or any suitable abrasive material and shall,
as soon thereafter as the weather shall permit, thoroughly clean such
sidewalks.
B.
Fire hydrants shall not be covered with snow or ice.
C.
It shall be unlawful to throw, shovel or plow snow into or upon any
roads and streets within the Township with the intent of allowing
such snow to remain on such roads and streets.
It shall hereafter be unlawful to plant and maintain any trees
between the curb and corresponding sidewalk. This shall not apply
to any trees presently so growing. All new trees shall be planted
on the residence side of the sidewalk at a distance which will not
interfere with the sidewalk at any time in the future.
No open gutters for conducting rainwater or drainage of any
kind will be permitted to run over the top of the sidewalk or curbs.
All underground rain conductors shall be of approved plastic pipe
material constructed under the sidewalk and through the curb to the
gutter.
A.
No persons or person, firm or corporation shall construct or repair
any sidewalk, curb or gutter without first applying for and obtaining
from the Township Secretary a permit for the same use. The application
for such permit shall set forth:
(1)
The full name and address of the owners of the land affected;
(2)
The name and address of the contractor, or the person to perform
the work;
(3)
The precise location of the property upon which the work is to be
done;
(4)
The length of the proposed project;
(5)
Contractor's compliance with the Workers' Compensation
Act of 1990, as amended, if applicable; and
(6)
Such other pertinent information as may be considered necessary.
B.
No permit will be required for new curbing, gutters or sidewalk to
be constructed in an approved subdivision which is to be installed
by the developer.
C.
Such application shall be accompanied by payment in the amount set
forth in the fee resolution adopted and amended from time to time
by the Board of Supervisors to cover the costs of the permit processing
and inspections.
Any and all terms, conditions, specifications or requirements
of this article shall be consistent with the terms, conditions, standards
and specifications as may be established by or in accordance with
the Americans with Disabilities Act or any codes, regulations, standards,
specifications, administrative requirements, etc., as may be adopted
by the appropriate and authorized agencies to implement the terms
and conditions of said Act or any amendments thereto as may be hereinafter
adopted or implemented by any federal, state or county regulatory
agency as if said standards, conditions, regulations, codes or requirements
were incorporated herein at length.
Curbing shall be constructed in conformity with the specifications of § 180-31 of the Subdivision and Land Development Ordinance. See also Detailed Drawing SD-12.
Sidewalks shall be constructed in conformity with the specifications of § 180-34 of the Subdivision and Land Development Ordinance. See also Detailed Drawing RD-09.
Any person or persons, firm or corporation constructing or repairing sidewalks, curbs or gutters or planting trees in violation of any of the provisions of this article or failing to keep his sidewalk clear of debris (§ 175-21), ice and snow (§§ 175-24 and 175-25), or improperly disposing of snow or ice around fire hydrants and in the streets of the Township (§ 175-26) shall, upon conviction thereof before a Magisterial District Judge, be subject to a penalty of $25 for the first offense and $50 for each subsequent offense, and costs of prosecution.
