Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.
ORDINANCE
2002-15
An Ordinance
amending, consolidating and restating regulations governing the construction,
reconstruction, repair and maintenance of sidewalks; requiring issuance of a
permit prior to construction or reconstruction of sidewalks; establishing fees
and prerequisites for issuance of sidewalk construction permits; providing for
inspection of all sidewalk construction work; adopting administrative
procedures; providing for penalties for violation and containing repealor and severability
clauses.
Findings
A.
B. Despite existence of these regulations and specifications, the Board of Supervisors has determined that sidewalks, often constructed or reconstructed by property owners, have in many instances been constructed or reconstructed without regard to established regulations and have not been maintained in proper fashion.
C. The Second Class Township Code, generally and as provided in Sections 1506, 1527, 2301-2332 and 2401, authorizes the Board of Supervisors to regulate streets and sidewalks.
D. The Board of Supervisors, for reasons set
forth, has determined that it is necessary and in the best interest of the
public safety and welfare that regulations governing the construction,
reconstruction, repair and/or maintenance of sidewalks and a process for their
administration, inspection and enforcement be consolidated and restated so as
to be generally applicable.
IT IS
THEREFORE ENACTED AND ORDAINED by the Board of Supervisors of the
1.01 Definitions
1.01.1 General words and phrases used in this Ordinance shall be given their common and ordinary meaning.
1.01.2 Where a word or term is not defined in this Ordinance, it shall be defined in accordance with definitions established in the Second Class Township Code, the Municipalities Planning Code, the Subdivision and Land Development Ordinance, the Zoning Ordinance, as now existing or as may be amended in the future, or in other applicable law or ordinance.
1.01.3 If specifications and construction standards governing sidewalks, now set forth in the Subdivision and Land Development Ordinance, should in the future be stated in a Public and Private Improvements Code or other ordinance, this Ordinance shall be interpreted so as to refer to said prevailing and governing standards.
1.01.4 The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates a contrary intention:
A. “Applicant” means any person who makes application for a permit.
B. “Cost” means actual expenditures incurred by the Township for labor, equipment, materials and contractors or subcontractors, and shall include all overhead and fringe benefits.
C. “Emergency” means any condition constituting a clear and present danger to life or to property by reason of escaping gas, exposed wires or other breaks or defects in the user’s line.
D. “Inspection fee” means a fee paid by the permitee to the Township to defray sidewalk placement, construction or reconstruction inspection costs.
E. “PennDOT” means the
F. “Permit
fee” means a fee paid by the permitee to
G. “Permitee” means any person who has been issued a permit and has thereby agreed to fulfill all of the provisions of this Ordinance.
H. “Person” means any natural person, partnership, firm, association, corporation or utility.
J. “Sidewalk” shall be and defined as set forth in the Subdivision and Land Development Ordinance, as may be amended in the future.
K. “Sidewalk area” means that portion of the street right-of-way reserved for sidewalks.
L. “State highway” means a highway subject to the ownership and/or control of PennDOT.
M. “Street”
means the entire right-of-way of a public street, highway, road, alley or
easement within the limits of
N. “Township”
means the
O. “Township Engineer” means the Township Engineer or his designee.
P. “Work day” means normal business day for the Township government, on Mondays through Fridays, excepting designated holidays.
1.02 Property
Owner to Construct Sidewalks When Required
1.02.1 Where sidewalks are required in connection with development, subdivision or otherwise under Township ordinances, it shall be the duty of all owners of lots or parcels of land abutting a public street or State highway in the Township of Millcreek, at their own expense, to construct and maintain in place convenient sidewalks in front of and adjoining their respective lots or parcels of land for the use of pedestrians.
1.02.2 It shall be the concurrent duty of the contractor in charge of construction of any residence or improvement upon any lot or parcel of land abutting a public street or highway in the Township to construct sidewalks as herein provided.
1.02.3 Notwithstanding provisions of Section 1.02.1, where lots or parcels of land are established under a plan of subdivision or land development submitted to the Township for its approval, it shall be the obligation of the subdivider or developer to provide for the construction of sidewalks in front of and adjoining each respective lot within the subdivision or land development.
A. To the extent authorized in the Subdivision and Land Development Ordinance and conditions imposed on plan approval, a subdivider or developer may be authorized to delegate to purchasers of lots within the subdivision or land development the duty of constructing sidewalks.
B. No such delegation shall be authorized absent the express approval of the Board of Supervisors, which approval shall be conditioned upon the subdivider’s or developer’s entry into an appropriate written agreement assuring proper construction of sidewalks, financial security by the subdivider or developer for proper construction of all sidewalks and guarantee by the subdivider/developer of proper sidewalk construction.
C. Delegation of the responsibility for construction of sidewalks in subdivisions and land developments shall not relieve the subdivider or developer of the obligation to ensure their proper and timely construction.
1.03 Permit
Required for Construction or Reconstruction of Sidewalk
1.03.1 No person,
firm or other entity shall construct or reconstruct any sidewalk within the
right-of-way of a public street or highway in
A. Where
such sidewalk is to be located within the right of way of a local street, such
permit shall be issued by
B. Where such sidewalk is to be located within the right of way of a State highway, such permit shall be issued by PennDOT.
1.03.2 A separate permit shall be required for the laying out of a sidewalk along and adjacent to each lot within a subdivision or land development unless the subdivider or developer will construct such sidewalks, in which event one permit shall be issued for the entire continuous length of sidewalk to be constructed by such applicant; provided, that if a subdivider or developer seeks such permit, the Township shall not authorize delegation of the sidewalk construction.
1.04 Permit
and Inspection Fees
1.04.1 All persons, firms or entities required to construct a sidewalk under Section 1.01 of the Ordinance (or under an approved subdivision or development plan) within a street as to which Millcreek Township has jurisdiction shall pay a permit fee as established by Resolution adopted by the Board of Supervisors from time to time.
1.04.2 All
persons, firms or entities desiring to reconstruct all or a portion of any
sidewalk within a street as to which
1.04.3 A separate fee shall be payable for each permit required under Section 1.02.
1.04.4 An applicant for a sidewalk permit shall also upon application a deposit in such sum as is required by Resolution adopted by the Board of Supervisors cover the permit fee and inspection fees as established, and as security for proper construction or reconstruction. Any excess remaining in the deposit after final inspection and certification of proper completion shall be refunded to the applicant.
1.04.5 The Board of Supervisors is authorized by Resolution adopted from time to time to modify the amounts of permit and inspection fees and deposits.
1.05 Specifications
for Construction, Installation and Inspections
1.05.1 All sidewalks shall be located and constructed as required under the Subdivision and Land Development Ordinance and specifications therefor, as the same may in the future be amended or restated. Should construction standards for required improvements be restated in a separate ordinance, that ordinance shall control.
1.05.2 All applicants for a sidewalk construction or reconstruction permit shall be obligated to obtain from the Township Engineer or PennDOT, as the case may be, existing specifications, and to follow such specifications in all respects.
1.05.3 An applicant granted a sidewalk construction or reconstruction permit shall be obligated to notify promptly the Township Engineer prior to actual laying of sidewalks, so that inspection thereof can be made. Any applicant failing to notify the Township Engineer in order to request an inspection prior to laying of a sidewalk shall assume all risks of improper construction.
1.05.4 An applicant shall be responsible for restoring all areas excavated during the sidewalk construction or reconstruction, as required by Township specifications.
1.05.5 When an applicant believes sidewalk construction or reconstruction and all restoration work has been completed, the applicant shall notify the Township Engineer and request a final inspection.
1.06 Compliance
With Regulations for Handicapped Person Access
1.06.1 All sidewalks at intersections of public streets or highways in the Township which are being constructed, reconstructed or altered for any reason shall provide access for physically handicapped persons in accordance with specifications therefor on file with the Township Engineer or as established by applicable Federal, State or local regulation.
1.06.2 All sidewalks shall be constructed, reconstructed and/or maintained in accordance with applicable Federal, State or local regulations with regard to access for physically handicapped persons.
1.07 Safety
Precautions; Lights and Barricades
1.07.1 When any portion of a public street’s right-of-way is used under any permit, applicant shall assure conspicuous placement in the excavation or work area of a sufficient number of red lanterns or lights from dark until sunrise every night, to render the work area perfectly safe.
1.07.2 An applicant shall be responsible for the proper and safe performance of the construction or reconstruction, and for protecting against injury to person or damage to property which might result from the work.
1.07.3 Any excavations shall be protected by a guard rail or fence sufficient to protect against personal injury or property damage.
1.08 Improper
Construction; Laying With Improper Grade or Slope
1.08.1 Any sidewalk which is laid or relaid in violation of or in nonconformity with Township or other applicable specifications governing the grade, materials, location, width or manner of construction is declared to constitute a violation of this Ordinance.
1.08.2 Any sidewalk which is laid or relaid in violation of or in nonconformity with Township specifications governing the grade, materials, location, width or manner of construction is declared to constitute a public nuisance, as the term is defined in and subject to the provisions of the Millcreek Township Nuisance Ordinance.
1.09 Abutting
Owners Responsible for Care, Condition and Maintenance
1.09.1 The owners of all properties which abut a street or State highway within whose right of way a sidewalk has been constructed shall be responsible for the proper care, maintenance and condition of said sidewalk. The owner’s duty shall extend but not be limited to removal of snow, ice, debris or obstructions and to repair, reconstruction and replacement as necessary to ensure that said sidewalks are in good and safe condition for the use of pedestrians.
1.09.2 From and after the effective date of this Ordinance, owners of properties abutting a sidewalk within the right of way of a street or State highway shall be responsible for ensuring that the abutting sidewalk area is not blocked or obstructed.
1.09.3
1.09.4 Should any
facility of a public utility be placed within a sidewalk area, such placement
shall be subject to applicable Federal, State and local regulations, and
1.10 Administration
1.10.1 Whenever a sidewalk is or is to be constructed, reconstructed or altered by the owner of the lot or parcel of land along which it is to extend independently of the obligations of a subdivider or land developer under an approved plan, the Code Administrator shall receive and issue permits and enforce the provisions of this Ordinance.
1.10.2 Whenever a sidewalk is or is to be constructed or reconstructed as a condition of approval of a subdivision or land development plan, the Code Administrator shall assist in administration if and to the extent permits are required due to delegation of the responsibility for sidewalk construction, and the Township Engineer shall otherwise be authorized to receive permits, administer regulations and enforce obligations imposed under this Ordinance, the Subdivision and Land Development Ordinance or other governing ordinance, as may in the future be amended.
1.11 Penalties
for Violation; Enforcement
1.11.1 In accordance with Millcreek Township Ordinance 96-8, as has been or may in the future be amended:
A. Any person, firm or other entity who fails to apply for and obtain a permit required under Sections 1.02 and 1.03 of this Ordinance or to properly maintain an existing sidewalk as required under Sections 1.06 and 1.09 of this Ordinance shall violate this Ordinance and, upon such determination, shall be obligated to pay an administrative fine of $200.00. If such administrative fine is not paid on or before the date set forth in the enforcement notice, a civil action shall be commenced, and a civil fine of $300.00 is prescribed upon a finding of violation;
B. Any person, firm or other entity who violates any other provision of this Ordinance shall, upon determination of violation by the enforcement officer, be obligated to pay an administrative fine of $500.00. If such administrative fine is not paid on or before the date set forth in the enforcement notice, a civil action shall be commenced and a civil fine of $600.00 is prescribed upon a finding of violation;
C. Each day a violation of this Section occurs shall be deemed a separate violation, and shall subject the violator to a fine or penalty for each day a violation continues;
D. In the event a violation cited is not remedied and/or the administrative fine imposed is not paid within the time authorized under Ordinance 96-8, as may have been amended, a person found in a civil action instituted by the Township to have violated this Ordinance shall be subject to a the civil fines as prescribed in this Section for each violation and for each day such violation(s) continue, plus all costs and plus all attorney’s fees incurred by the Township, in accordance with Ordinance 96-9 as then in effect.
1.11.2 Failure to construct and/or improper construction of sidewalks along lots within an approved subdivision or land development plan shall constitute a violation of and default under the subdivider’s or developer’s Developer’s Agreement and financial security tendered to the Township as security for construction of all required improvements. In such event, the Township Engineer and the Board of Supervisors shall exercise all remedies granted to the Township under the Developer’s Agreement and/or financial security, including but not limited to ensuring proper construction of sidewalks and restoration of disturbed areas with the subdivider or developer thereafter obligated to pay all costs thereof, directly upon receipt of the Township’s invoice or through exercise by the Township of rights against the financial security, as provided in the Subdivision and Land Development Ordinance.
1.11.3 Any sidewalk laid or relaid independently of an approved subdivision or land development which is constructed in disregard of or in nonconformity with established specifications, as a public nuisance, shall be abated by the Township in accordance with authority granted in the Millcreek Township Nuisance Ordinance and the Second Class Township Code. In the event the property owner shall fail to abate the nuisance and remedy all cited violations within thirty (30) days after the date of the enforcement officer’s notice of violation, the Board of Supervisors shall authorize removal of defective sidewalk and its proper replacement. In that event, all costs and expenses incurred by the Township in removing and replacing the defectively constructed sidewalk, together with all attorneys’ fees, engineering and inspection fees and other costs incurred by reason of the default and enforcement or collection measures, shall be paid by the property owner and collected either under the Municipal Claims Act or by a civil action.
1.11.4 The Code Administrator and Township Engineer are authorized to enforce this Ordinance, and to exercise all remedies authorized under this Ordinance, the Subdivision and Land Development Ordinance (including remedial actions) and/or under Ordinances 96-8 and 96-9, all as may in the future be amended. The Treasurer is authorized to issue all assessments authorized under this Ordinance, and the Solicitor shall cause to be filed and enforced all liens and claims filed as to unpaid assessments.
1.12 General
Provisions
1.12.1 The
Subdivision and Land Development Ordinance, the Zoning Ordinance, the Nuisance
Ordinance and all other ordinances, Resolutions and specifications referenced
herein, as now in effect and as may in the future be amended, are incorporated
in this Ordinance by reference.
1.12.2 If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein.
1.12.3 All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed.
BE IT ENACTED this 17th day of September, 2002.
_______________________________________
Joseph S. Kujawa, Secretary
2002-15/MLK/ORDS