ARTICLE XXIV SIDEWALKS, FOOTPATHS AND CURBS
Section 2401. Location, Lines, Grades and Width
of Curbs, Sidewalks or Footpaths; Costs.-(a) The board of supervisors may by
ordinance regulate the line, grade and width of curbs, sidewalks or footpaths
constructed along the roads or highways in the township, shall have general
supervision over them and may establish a grade or grades for curbs, sidewalks
or footpaths, which grade or grades may be separate and apart from the grade
or grades established for the cartway or roadway.
(b) If the highway is a State or county highway, the written consent of the
Department of Transportation or the county commissioners shall first be obtained.
(c) The costs of construction of sidewalks, footpaths or curbs may be paid by
one of the following methods:
(1) The board of supervisors, upon the request of any landowner whose land fronts
upon a public road or highway within the township, may establish a sidewalk
or curbs along one or both sides of the road or highway along the lands of the
owner. When the sidewalks or curbs are established, the landowner shall pay
for the construction of the sidewalks or curbs and keep them in repair.
(2) The board of supervisors may construct sidewalks or curbs along the roads
or highways, upon the petition of property owners representing a majority in
number of feet front of the properties abutting on the roads or highways where
the sidewalks or curbs are to be constructed. When a petition is filed with
the board of supervisors, the property owner shall be given notice by the board
of supervisors to construct the sidewalk or curb. If the owner fails to complete
the sidewalk or curb within a period of sixty days after the receipt of the
notice, the board of supervisors may construct the sidewalk or curb. When any
sidewalk or curb is constructed by the board of supervisors, the expense of
the construction of the sidewalk or curb shall be paid by the abutting property
owners in proportion to their frontage. If the owners fail to pay the expenses
of the construction of the sidewalk or curb, the board of supervisors may recover
the amount by action of assumpsit or may file municipal liens therefor against
the abutting properties under law for the filing and collection of municipal
liens.
(3) The board of supervisors may by ordinance in absence of a petition, provide
for the construction, reconstruction and repair of sidewalks and curbs within
the township. When any sidewalks or curbs are constructed, reconstructed or
repaired by the board of supervisors under the ordinance, the expense of the
construction of the sidewalks or curbs shall be paid by the abutting property
owners in proportion to their frontage, but no owner shall be liable for the
cost of construction of the sidewalk or curb in an amount greater than fifteen
percent of the assessed valuation of the abutting property. Any expense above
the maximum liability of abutting property owners shall he paid by the township.
If abutting property owners fail to pay the expenses of the construction of
the sidewalks or curbs for which they are liable, the board of supervisors may
recover the amount by action of assumpsit or may file municipal liens therefor
against the abutting properties under law for the filing and collection of municipal
liens.
(4) When the board of supervisors establishes that any part of any road or highway
is dangerous to the traveling public and the danger could be materially reduced
or lessened by the construction of a sidewalk, curb or footpath, the board of
supervisors may lay out and construct a sidewalk, curb or footpath along the
dangerous portion of the road or highway at township expense.
(d) All assessments for costs levied under this article shall be filed with
the township treasurer and collected under section 3302(a).