[HISTORY: Adopted by the Borough Council of the Borough of Eagles Mere as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 105.
[Adopted 3-7-2005 by Ord. No. 2005-1]
A. 
The purpose of this article is to enhance rapid location of properties by law enforcement, fire, rescue, and emergency medical service personnel in the Borough of Eagles Mere, Sullivan County (hereinafter the "Borough").
B. 
The Sullivan County Department of Emergency Services shall have the duty and responsibility to design, undertake and develop a countywide property addressing program and the Sullivan County Department of Emergency Services shall have the continuing duty, responsibility and authority to assign new street addresses in conjunction with parcel subdivision and land development.
During the conduct of addressing operations within the Borough, the Sullivan County Department of Emergency Services or its agents or contractors as may be duly appointed by them, shall be authorized to enter upon, travel, measure, photograph and inspect all roadways and private driveways and to visit all structures within the Borough for the purpose of determining, assigning and notifying the inhabitants thereof of such assigned addresses.
The agencies and agents responsible are hereby directed to limit their visits to private properties to exterior views and are prohibited from entering into private residences or structures, except at the request of the property owner or resident or by advance appointment.
The owners of all buildings or property to which address numbers have been assigned or changed shall have the number prominently displayed within 30 days of receipt of written notification and at all times in accordance with the standards.
When an owner or resident of any structure receives notification of a new or changed address, the owner or resident shall:
A. 
Promptly sign the form provided him/her by the County of Sullivan to acknowledge receipt of the notification of a new or changed address.
B. 
Provide all information requested by the form.
C. 
Return the completed notification form(s) to the address listed.
All persons, firms, corporations and other legal entities constructing or proposing to construct new structures or locating or relocating mobile homes in the Borough shall obtain an official address number(s) 30 days prior to taking occupancy of said structure(s) or mobile home or relocated mobile home.
Sullivan County recognizes the legal right of the Borough to name all public and municipal roadways within their boundaries.
A. 
Municipal: All municipally owned roadways shall be identified by a designated roadway number and shall be named. Municipally owned roadway names shall conform to the National Emergency Number Associated Standards, where practical.
B. 
Private: A private road with three or more inhabitable structures located on it shall be named. A private road with two inhabitable structures located on it may officially be named upon request of the County of Sullivan, provided that the length is greater than 300 feet. Any private road that is 2,640 feet (1/2 mile) or longer in length shall be officially named.
A. 
Public road name signs shall be the responsibility of the road owner (Borough, county or state). With the exception set forth below in Subsection B, public road signs shall have four-inch-high letters, at a minimum, arranged horizontally for the road name and two-inch letters for prefix and suffix and shall follow PennDOT regulations, 67 Pa. Code, § 211.841 and PennDOT Publication 236, as supplemented or amended, including post-mounted sign regulation D3-1. Signs hanging from overhead poles or wires at intersections are encouraged where possible and shall follow PennDOT regulations D3-4 and D3-5. Reflective signs are required with contrasting colors for letters and background. Brown background should not be used as this is reserved for use on private road signs. In addition, signs located near the roadway shall have posts which break away upon impact.
B. 
On Eagles Mere Avenue, Pennsylvania Avenue and such other public streets as Borough Council may determine, the Borough reserves the right to erect and maintain its historic-type street signs. Said street signs shall be four-inch by four-inch painted wood posts with the street names vertically engraved into the posts and the letters painted therein with reflective paint.
C. 
Existing road name signs, which do not meet the above requirements, shall be allowed to remain (so long as they are legible). However, when such signs are replaced, said signs shall comply with the then-current requirements, as set forth in this article above (§ 88-8A or B, as applicable).
D. 
The owner or owners of all private drives, roadways or easements accepted for addressing shall install a sign which identifies the private road name as approved by the municipality, with said sign to be placed at the entrance where the private road intersects with the public roadway in such a manner as to be readily observable by persons traveling upon the public roadway, but not creating an obstruction to visibility of motorists. Road signs shall also be placed at the intersection with all other public roads and with all other accepted private roads.
E. 
Sign design, construction, height, and letter size shall also meet PennDOT requirements (67 Pa. Code, § 211.841 and PennDOT Publication 236, as supplemented or amended) D3-1 and shall be two-way (i.e., one two-sided sign visible from opposing directions). Brown reflective background with white reflective letters is the only color authorized for private road signs. Adding the word "Private" or an appropriate abbreviation thereof following the road name may designate a private road.
F. 
Existing road name signs which do not meet the requirements shall be allowed to remain as long as they are visible and legible daytime and nighttime. However, when the signs are replaced, the sign shall comply with the requirements, which has been established by this article herein.
The owner of all buildings or structures/property shall have the address number prominently displayed at all times in accordance with the following standards. For the purposes of this article, an "address number" is an address established in accordance with the countywide addressing and the United States Postal Service. Owners who receive new assignments or changes from the Sullivan County Address Coordinator shall have the number prominently displayed within 30 days of receipt of written notification and at all times thereafter in accordance with the following:
A. 
The address number shall be displayed within clear view of the main entrance of each building to which an address number has been assigned. Multiunit buildings with separate entrances and addresses for different units are required to have each number posted near that entrance.
B. 
In addition, for buildings which are further than 50 feet from the roadway or which do not have the building number easily visible from the main roadway, address numbers shall be posted within clear view from the public roadway and shall be easily viewed by emergency personnel. Bi-directional reflective driveway number posting is encouraged, though not required.
C. 
All building address numbers shall be constructed of durable material with a color and brightness which contrasts with the surface on which it is posted with numbers at least three inches high so as to be easily readable by emergency personnel from the named public or private roadway. Reflective and lighted signs are encouraged. Signs shall be readable from all roadway approach directions.
D. 
Posted address numbers, as viewed from the public or private roadway, shall not be obstructed from view by landscaping, shrubs, vegetation, screen doors, canopies, ornaments, or any other plant or structure.
A. 
It shall be unlawful to cover, conceal, obstruct, destroy, remove, deface or vandalize any street/address number or road/street name sign or placard installed or displayed pursuant to and in accordance with the requirements of this article.
B. 
Any person who shall be found to have engaged in the prohibited unlawful conduct as noted above or who shall willfully fail to comply with any order to comply with the address numbering regulations shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of no less than $100 and not more than $300 together with court costs, and upon default in payment of the fine, shall be sentenced to imprisonment for not more than 90 days.
C. 
In the event that the owner or occupant or person in charge of any house, building or structure refuses to comply with the terms of this article by failing to affix the number assigned within 30 days after notification, said owner/occupant shall be fined not less than $10 per day for every day that the situation is not rectified after receiving a written citation for such failure.
This article shall become effective immediately.
Should any section, part or provision of this article be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any Code of which this article may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of the final enactment hereof.
All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
[Adopted 3-5-2007 by Ord. No. 2007-1]
[Amended 8-2-2010 by Ord. No. 2010-02]
A. 
Pursuant to authority contained in the Borough Code, the Borough shall lay out, ordain and establish sidewalks and establish a grade or grades and specifications for sidewalks along any street and along any state highway and may, with or without petition, require owners of property abutting on any street or state highway to grade, construct, drain, pave, and repave the sidewalk and keep the same in repair and in safe and usable condition along such property.
B. 
Sidewalks shall be required along the following streets and highways:
Street
Side
Location
Allegheny Avenue
South
Jones Avenue to Glass Avenue
Eagles Mere Avenue
North
Pennsylvania Avenue to Lakewood Avenue
Eagles Mere Avenue
South
Geyelyn Avenue to Laporte Avenue
Jones Avenue
East
Eagles Mere Avenue to Allegheny Avenue
Laporte Avenue
East
Allegheny Avenue to and including Ritchings residence, 646 Laporte Avenue
Laporte Avenue
West
Eagles Mere Avenue to and including Ruble Residence, 867 Laporte Avenue
Mary Avenue
East
Eagles Mere Avenue to Allegheny Avenue
Mary Avenue
West
Eagles Mere Avenue to Allegheny Avenue
Pennsylvania Avenue
West
Eagles Mere Avenue to Lakewood Avenue
Sullivan Avenue
South
Jones Avenue to Laurel Lane
Sullivan Avenue
South
Mary Avenue to Fern Lane
A. 
Any resident considering constructing, reconstructing, or repairing a sidewalk shall submit an application to the Borough Zoning Officer for a permit and obtain a copy of the Borough's specifications for sidewalks.
B. 
Prior to construction, reconstruction or repair of sidewalks, the person making the construction, reconstruction or repair, or the owner, shall provide the Zoning Officer with scaled drawings showing a typical cross section and plan views of sidewalks constructed, reconstructed or repaired and a written description covering the scope and location of the project and showing compliance with the Borough's specifications for sidewalks.
C. 
Prior to the pouring of any concrete, but with all grading work completed and all forms in place, the person making the construction, reconstruction or repair, or the owner, shall contact the Zoning Officer for inspection of the site for compliance to the Borough's specifications for sidewalks.
D. 
After the sidewalk has been poured and finished, and all grading is completed, the Zoning Officer must again be contacted for final inspection and issuance of a receipt indicating that the sidewalk conforms to the Borough's specifications.
A. 
Grade, size and shape for sidewalks
[Amended 7-2-2007 by Ord. No. 2007-2]
(1) 
The cross grade of all sidewalks within the Borough shall not be less than 1/4 of an inch, nor more than three-eighths of an inch to the foot, descending from the line of the lot to the street.
(2) 
All sidewalks, curb ramps and driveway cuts must conform to PennDOT RC Standards. All joints to abutting sidewalks must be at grade or graded to match.
(3) 
Sidewalks shall be a uniform depth of four inches with a gravel base except where crossing driveways, where the depth shall be six inches, reinforced with No. 10 wire mesh over a gravel base. The width of the sidewalks shall be not less than five feet on all streets with a right-of-way of 40 feet or over, and not less than three-feet wide on all other streets and alleys except where matching existing sidewalks or where the Borough deems a narrower or wider sidewalk is necessary.
(4) 
No sidewalk shall be constructed over an existing sidewalk without first removing the existing sidewalk.
B. 
Forms for sidewalks. Forms shall be of metal or wood. All forms should be smooth, straight, free from warp and of sufficient strength to resist the pressure of concrete without springing, and staked sufficiently to hold a firm line.
C. 
Materials for sidewalks. Sidewalks shall be of concrete. All concrete shall conform to Pennsylvania Department of Transportation specifications for Class A concrete.
D. 
Backfilling of sidewalks. After the sidewalk has been finished, the spaces on both sides shall be backfilled with acceptable material to a level even with the surface of the sidewalk, top soiled and reseeded with grass, mulched or as otherwise approved by the Borough.
E. 
Repair or replacement of existing sidewalks. All sidewalks hereafter determined by the Borough as needing replacement or repairs shall be reconstructed in accordance with the provisions of this article and this subsection:
[Amended 8-2-2010 by Ord. No. 2010-02]
(1) 
Vertical separations. Any slabs that are vertically misaligned by 3/4 of an inch along any part of the seam must be leveled or replaced. Leveling may be accomplished by feathering (beveling) with a grinder, repositioning the slabs, or replacing the slabs.
(2) 
Horizontal separations. When a horizontal separation between slabs exceeds one inch, the gap shall be repaired by either repositioning or replacing the slab(s). Horizontal separations that exceed 1/2 of an inch should be cleaned and filled with a concrete patching compound or other stable material.
(3) 
Cracked slabs. The same criteria used for evaluating and correcting vertical and horizontal separations between the slabs will apply to cracked slabs. Horizontal separations in cracks that exceed 1/2 of an inch shall be cleaned and filled with a concrete patching compound or other stable material.
(4) 
Spalling/chunking/settling. A slab must be replaced when spalling, chunking, or settling exceeds a depth of 5/16 of an inch over 40% of the slab surface or when spalling, chunking, or settling creates a depression deep enough to be considered a tripping hazard by the Borough.
(5) 
Existing slate/stone blocks. An existing slate or stone block determined by the Borough to be substandard may be brought into compliance by leveling, by beveling, or by resetting using a base of 2B crushed stone or pea gravel, or replaced by a new slab of like material. Durable slate/stone slabs, of the same width, may be used for existing sidewalks of the same construction.
(6) 
Patching compounds. Patching Compounds may not be used as surface applications to repair spalled slabs or to bevel or ramp vertical separations between slabs or cracks in slabs, to bevel or ramp vertical separations between slabs or cracks in slabs, or to level depressions caused by settling or chunking.
(7) 
Trees and roots. Trees and roots located in sidewalk pathways must be circumvented at the same width as the remaining sidewalk. A six-inch space shall be left between the sidewalk and the roots or tree trunk.
(8) 
ADA compliance. All curbed or corner sidewalks that need to be replaced shall be constructed in compliance with the Americans with Disabilities Act.
(9) 
Replacement of entire sidewalk. If the Borough determines that 50% or more of a property owner's cement sidewalk blocks must be replaced then the entire sidewalk must be brought into compliance with this chapter. If the Borough determines that 50% of a property owner's slate/stone slabs must be replaced, slabs of like material and width can be used for replacement; however, the entire sidewalk must be brought into compliance.
(10) 
When replacement of the entire sidewalk is required, the edge of the sidewalk abutting the street cannot be any lower than the near edge of the roadway, and curbs cannot exceed six inches. Any new or entirely replaced sidewalks must maintain an elevation that is consistent with, but not necessarily equal to, the elevation of the crown of the road for the length of the sidewalk. All fill and gravel must be compacted to prevent settling.
F. 
Maintenance in usable condition required.
[Amended 8-2-2010 by Ord. No. 2010-02]
(1) 
Except under circumstances beyond the control of the abutting property owner, all sidewalks shall be kept at all times in a clean and usable condition and in good repair by the owner of the abutting property.
(2) 
Sidewalks are to be kept free of grass, dirt, debris, overhanging foliage, and landscaping materials. Sidewalks must be kept free of any growth or substance that causes the surface of the sidewalk to become slippery.
(3) 
Grass strips between the street and sidewalk may be kept or added where there is adequate space when replacing or installing new sidewalks, provided that no other landscaping materials shall be permitted in the strip between the street and the sidewalk.
[Amended 8-2-2010 by Ord. No. 2010-02; 10-5-2015 by Ord. No. 2015-04]
A. 
Every owner of property shall, on written notice from the Borough, construct, reconstruct or repair a sidewalk in front of and/or alongside of such property to conform to the sidewalk specifications. The notice may be served upon the owner by mailing the same at the owner's last known address by certified mail, return receipt requested, or by personal service. The said owner shall have six months from the date of the notice to complete the construction, reconstruction or repairs to the sidewalk.
B. 
A property owner may request that the Borough grant a variance from the application of the specifications in this article. The request for a variance shall be in writing and describe in detail the property owner's alternative proposal to repair or replace the sidewalk. Whether or not a variance is consistent with the purpose of the article shall be within the sole discretion of the Borough's Infrastructure Committee.
A. 
Upon the neglect of any property owner to comply with the requirements as provided in the preceding sections of this article or in the event that any property owner maintains a sidewalk which has been constructed, reconstructed or repaired subsequent to the effective date of this article in a manner not in compliance with the requirements for sidewalks set forth in this article, the Borough may cause the construction, reconstruction or repairing of the curb or sidewalk to be done at the cost of such owner and may collect the cost thereof together with all charges and expenses from such owner and may file a municipal claim therefor or collect the same by an action in assumpsit.
B. 
All such notices shall be served upon the owner of the premises to which the notice refers. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner or upon the occupant of such premises. If the owner has no agent or there is no occupier of such premises, then service shall be by notice posted upon the premises.
When the Borough Council requires that a sidewalk be installed along one or more properties along a section of a street, the Borough may, with or without the consent of the property owners, or at the time a bid is awarded, cause the sidewalk to be constructed along the properties and collect the cost thereof from such owners by allocating the contract price of the construction among such owners on a front-foot basis, and in addition the Borough may charge each owner a fee as set from time to time by resolution of the Borough Council, which costs and fees the Borough may collect by filing a municipal claim or by action in assumpsit.
The Borough Council shall have jurisdiction over all sidewalks constructed, reconstructed or repaired along any street, and compliance with the specifications established by the Borough Council shall be required whether the work is done under contract with the Borough or under a contract between the property owner and a contractor or by the property owner himself. The Borough Council may, at its discretion, require inspection of the work in progress at the expense of the property owner. Any sidewalk rejected by the Borough shall be promptly removed and replaced at the expense of the person doing the work and at no expense to the Borough.