Millcreek, PA Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

In Millcreek Township, Erie County, Pennsylvania, sidewalk repair is the abutting owner's job, not the Township's. Section 121-8A makes the owners of all properties abutting a street or state highway with a constructed sidewalk responsible for its proper care, maintenance and condition, including repair, reconstruction and replacement as necessary to keep it in reasonably good and safe condition for pedestrians. Maintenance also covers ADA compliance, including grade, running slope, cross slope, surfaces, vertical alignment, surface discontinuities, horizontal openings and protruding objects. Under § 121-8E the Township is not responsible for construction, reconstruction, maintenance, condition or repair of a sidewalk in a street or state highway right-of-way unless a written agreement, or an order of a court or agency, says otherwise.

Reconstruction needs a permit under § 121-7A: from Millcreek Township for a local street, from PennDOT for a state highway. The permit fee is set by resolution of the Board of Supervisors, and the applicant also pays a deposit, with any excess refunded after final inspection.

When an owner does not comply, § 121-10B(2) lets the Township Engineer or designee serve notice under Chapter 48, § 48-10. If the owner has not complied within 20 days from the date of service for new work, or within 10 days for repair work, the Board of Supervisors can have the work done at the owner's cost plus 10% additional, together with charges, expenses, costs and attorney's fees, and the Township can file a municipal claim and lien or sue. Sections 121-4 to 121-6 add a second route: the Township can repair under an ordinance and levy an assessment on the abutting property. The owner is not responsible for the part of an assessment above 15% of the property's assessed valuation, the Township pays that excess, the owner gets 30 days' notice, and an assessment unpaid after 90 days goes to the Township Solicitor.