[Adopted 12-9-1967 by Ord. No. 311 (Ch.
XX, Part 2A, of the 1967 Code)]
[Amended 5-7-2012 by Ord. No. 510]
Every owner of property in the Borough of New Wilmington, upon
receipt of written notice from the Borough Engineer, Superintendent
or such other person or entity designated from time to time by resolution
of the Borough Council, shall construct, reconstruct or repair a sidewalk
in front of or alongside such property in the manner set forth in
the said notice stipulated in such notice.
[Amended 5-7-2012 by Ord. No. 510]
Upon receipt of written notice as provided in § 212-1, an owner of property shall have 30 days within which to complete construction, reconstruction or repairs to sidewalks as set forth in the notice, if such notice is received between April 1 and September 30. If such notice is received between October 1 and March 31, said construction, reconstruction and/or repairs to the sidewalk must be completed by May 15.
[Added 11-5-2007 by Ord. No. 492]
Every owner of property in the Borough shall maintain the sidewalk abutting such property to conform with § 212-4 of this article, as amended. Said maintenance shall include, but shall not be limited to, the following:
A.
Any hole or crack in any section or slab of sidewalk
having a width in excess of 1/2 inch at any one point along a length
of one foot or greater must be repaired or replaced.
B.
Any section or slab of sidewalk that rises above or
below the grade of the edges of an immediately adjacent section or
slab of sidewalk resulting in an irregular or uneven surface with
a depression greater than 1/2 inch in depth must be replaced.
C.
Any section or slab of sidewalk that is out of vertical
alignment with any adjacent curb or slab of sidewalk in excess of
3/4 inch at any point shall be repaired or replaced.
D.
Any section or slab of sidewalk out of horizontal
alignment with any adjacent curb in excess of one-half inch at any
point shall be repaired or replaced.
E.
Any section or slab of sidewalk with spalling equal
to or greater than 25% of the total surface area of such section or
slab must be repaired or replaced.
F.
Sidewalks shall remain free of any obstruction, including
but not limited to debris, refuse, gravel, grass clippings, leaves
and branches.
G.
Any tree, shrub or other objects abutting any sidewalk
must be maintained to a height of no less than six feet eight inches
above any such sidewalk.
H.
Any other condition of or on any sidewalk in the Borough
that in the well-founded opinion of the Borough Engineer, Superintendent
or such other persons or entity designated from time to time by resolution
of the Borough Council creates a pedestrian safety hazard must be
repaired or corrected.
[Amended 5-7-2012 by Ord. No. 510]
All sidewalks shall be constructed, reconstructed
and repaired of concrete only, in conformity to specifications adopted
by the Borough Council from time to time, provided that existing sidewalks,
lawfully constructed of flagstone, may be reconstructed or repaired
of the same material, in conformity to all other requirements of this
article except that of the use of concrete in the construction thereof.
[Amended 11-5-2007 by Ord. No. 492]
A.
All sidewalks shall be laid at a slope of 1/4 inch
to the foot, according to the grades to be obtained from the Borough
Engineer, Superintendent or such other persons or entity designated
from time to time by resolution of the Borough Council. All sidewalks
shall be paved to a minimum width of four feet except that sidewalks
constructed along alleys, if any, shall be three feet in width commencing
wherever possible at the right-of-way line and extending towards the
paved cartway of the alley.
[Amended 5-7-2012 by Ord. No. 510]
B.
New sidewalks constructed or sidewalks replaced along
the streets within the Borough shall conform to the following requirements:
(1)
The sidewalk shall be constructed as a series of independent
sections in general not more than six feet in length.
(2)
Each section shall be at least four feet wide and
four inches in depth and shall be constructed of six-bag concrete
mix.
(3)
Driveway aprons shall be four inches thick and contain
reinforcing material or shall be six inches thick if constructed without
reinforcing material.
(4)
Each section of a sidewalk shall be separated by a
vertical joint or relief break running the full width of the slab.
A one-half-inch expansion joint shall be provided at least once in
every five sections of sidewalk and shall be filled with an approved
joint filler. An expansion seam shall likewise be provided where the
sidewalk meets a curb and at such other places as may be directed
by the New Wilmington Borough Council or its designee.
C.
Where the sidewalk is required to be paved to a width
of four feet, there shall be a grass plot wherever possible of four
feet in width between the curb of the street and the beginning of
the paved sidewalk, and such four-foot grass plot shall be used only
as a grass plot, except for trees existing on the date this article
was originally adopted (December 9, 1967). Property owners at intersections
shall extend their sidewalks and pave the same to the curbline of
both intersecting streets. Where existing trees and/or their roots
interfere with the placement of sidewalks as set forth in this section
(i.e., the edge of the sidewalk being four feet from the curbline
and the sidewalk being paved four feet towards the property), the
property owner may request written permission of the Borough Engineer,
Superintendent or such other persons or entity designated from time
to time by resolution of the Borough Council to locate the sidewalk
to go around the tree and/or its roots, provided, always, that the
deviation from the normal sidewalk location shall be the minimum necessary
to avoid the tree and/or its roots and that, upon removal of the tree
and/or its roots, the sidewalk shall be restored to the location it
would have had, had there been no deviation to avoid the tree.
[Amended 5-7-2012 by Ord. No. 510]
[Amended 5-7-2012 by Ord. No. 510]
The Borough Engineer, Superintendent or such
other persons or entity designated from time to time by resolution
of the Borough Council shall have authority to inspect the work of
construction, reconstruction or repair of any sidewalk, and in any
case when he shall find that such work or any portion thereof shall
not be in conformity with this article or any specifications adopted
by authority thereof or with any notice given by authority thereof,
he shall direct the owner of the abutting property to rectify such
nonconforming work. In any case where such owner shall fail to rectify
the same, the Borough shall have the authority to do such work at
the expense of such owner and to collect the cost of such work of
rectification, from such owner, in the same manner as prescribed by
Section 1805 of the Borough Code of 1966,[1] such authority being also applicable to construction,
reconstruction and repair of the sidewalk in cases when the owner
of the abutting property fails to obey any notice so to do.
[1]
Editor's Note: See 53 P.S. § 46805.
[Added 9-2-2003 by Ord. No. 466; amended 11-5-2007 by Ord. No.
492]
Any owner who shall fail to construct, reconstruct, repair or maintain any sidewalk to conform with this article after having received notice to do so shall, upon conviction therefor, be sentenced to a fine not to exceed $600, plus cost of prosecution, for each offense. Such fine and costs may be in addition to any expenses and additional amount authorized and imposed under § 212-5 of this article. Each day's violation shall constitute a separate offense.
