[Adopted 9-19-2000 by Ord. No. 2000-7]
The owner or owners of any lot or lots fronting
upon any street, avenue or highway within the Borough of Old Forge
shall, after notice as hereinafter provided, grade and pave the sidewalk
or construct curbs, or curbs and gutters, along the front thereof
within 30 days from the date of the giving of such notice.
The owner or owners of any lot or lots fronting
upon any street, avenue or highway within the Borough of Old Forge
shall, after notice as hereinafter provided, repair or renew any sidewalk,
curb or curb and gutter, in front thereof, within 10 days from the
date of the giving of such notice.
Upon the neglect of any property owner or owners
to comply with any of the requirements provided in the preceding sections
of this article, the Borough may, after giving notice as called for
in the preceding sections, cause the grading, paving, repairing, curbing
or guttering to be done at the cost of such owner or owners and may
collect the cost thereof and 10% additional, together with all charges
and expenses, from such owner or owners and may file a municipal claim
therefor or collect the same by action of assumpsit.
All such notices shall be served upon the owner
or owners of the premises to which the notice refers, if such owner
is a resident of the Borough. If the owner or owners are not residents,
then the notice shall be served upon the agent or tenant of the owner
or owners, or upon the occupant of such premises; if the owner or
owners have no agent or tenant or there is no occupier of such premises,
then service shall be by notice posted upon the premises.
The owner or owners of any lot, lots or property
fronting or abutting any public highway, street, lane or alley in
the Borough of Old Forge, Pennsylvania, shall, after notice as hereinafter
provided, be and they are hereby required to construct sidewalks and
keep the same in good repair and condition and shall construct, replace
and repair the same in accordance with the provisions of this article.
If any such owner or owners, subject to the provisions of this article,
shall refuse or neglect to comply therewith for a period of more than
30 days after the passage of this article, after 30 days' notice so
to do by the Borough of Old Forge, then the Borough of Old Forge shall
have sidewalks constructed, repaired or replaced in accordance with
this article, and the cost and expense of the same, together with
a penalty of 10% additional cost, shall be collected from the person
or persons so refusing or neglecting, in the manner provided by law.
Upon the issuance of a building permit for a
new building, the owner, through his contract, is obligated to install
sidewalks, if required, as a part of the building contract. Such installation
is to be in accord with the regulations herein.
All sidewalks constructed or repaired in and
about the Borough of Old Forge shall be constructed and/or repaired
to lines and grades as established and on file, or to be placed on
file in the Borough Zoning Officer's office, and, where feasible,
they are hereby fixed at a uniform width of not less than four feet
on the respective highways from the line of the highway towards the
curb, gutter or cartway on each side; the four-foot width may be increased
by waiver, dependent upon existing conditions and location, but in
no case shall said width be less than four feet. Said waiver shall
be in accordance with directions set forth by the Borough Zoning Officer
upon written application by the owner or owners to the Borough Zoning
Officer.
Sidewalks in and about the Borough of Old Forge
may be constructed only of concrete or stone flagging and must be
constructed under the following regulations:
A.
In replacement of old sidewalks, the new constructed
walks shall be of concrete and shall be the same width as the sidewalks
of the two adjoining properties.
B.
All driveways in the sidewalk area shall consist of
concrete and shall be constructed to Borough specifications.
C.
All new sidewalk elevations must be approved by the
Borough Zoning Officer and reviewed by the Borough Engineer before
forms are set or concrete is pouted. Walks and grades not approved
by the Zoning Officer and reviewed by the Borough Engineer will be
removed at the expense of the property owner.
D.
Stone flagging. Stone flagging on walks six feet wide
or over must consist of stone not less than four feet long by three
feet wide and two inches thick; four-foot walks must consist of stone
not less than three feet long by two feet wide by two inches thick.
Said stones must be laid evenly on a base of crushed stones, porous
cinders or sand not less than four inches in depth, with joints not
more than 1/2 inch in width.
E.
Concrete. Concrete shall be at least four inches thick,
except, where driveways cross sidewalks, thickness shall be six inches;
sidewalks shall be constructed of not less than one part cement to
two parts sand and four parts of crushed stone or gravel; concrete
shall be air-entrained and capable of testing to a compression strength
of 3,500 pounds per square inch after 28 days; curing may be natural
means or chemically sprayed. All sidewalks shall be sprayed with an
anti-spalling protective treatment after the twenty-eight-day period
if fulfilled. Concrete shall be placed on a base of crushed stone
or sand not less than four inches in depth, with one layer of six-by-six
10/100 welded wire mesh reinforcing placed halfway between the top
and bottom of the sidewalk slab. Finish shall be steel troweled, with
a light broomed or float finish.[1]
F.
Asphalt or asphalt mixture shall not be used for new
construction of sidewalks or driveways crossing sidewalks or for patching
of sidewalks.
When a cut is made by a contractor (plumber,
electrical, etc.), utility or utility contractor in any existing sidewalk,
the walk where damaged shall be reconstructed so that the entire width
of the existing walk is replaced with concrete as hereinbefore regulated
for a distance not less than eight inches beyond the initial cut opening
paralleling the street line. Where existing sidewalk is concrete and
the cut is made with a saw in a straight and neat manner, only the
portion removed will need to be replaced, subject to approval of the
Borough Zoning Officer and review by the Borough Engineer.
A.
The sidewalk must be replaced by the contractor within
10 days after backfilling.
B.
Trenches must be properly barricaded and lighted.
C.
No trees shall be cut or removed without permission
of the owner.
D.
Tunneling will not be permitted without permission
of the Borough Zoning Officer and review by the Borough Engineer.
E.
Sidewalks shall be level with the driveway grades
and in no case shall stepdowns be acceptable. When approved by the
Zoning Officer, sidewalks may be sloped to driveways if excessive
grades prohibit a level installation.
A.
The Zoning Officer/Building Inspector as referred
to herein shall direct the owner or owners of properties fronting
or abutting on any public highway, street, lane or alley in the Borough
of Old Forge to repair or replace any sidewalk which, in his discretionary
opinion, does not meet Borough standards, such as:
(1)
Sidewalks buckled by tree roots or frost upheaval,
presenting an uneven variation in elevation between units, in excess
of one to 1 1/2 inches or more, which would be detrimental and/or
injurious to a person walking thereon.
(2)
Sidewalks cracked by settling, heavy truck or other
vehicular traffic which presents the same characteristics.
(3)
Sidewalks overly pitted or deteriorating to a point
where a serious condition is prevalent and the safety of the public
is endangered.
B.
Driveway curb cuts shall be made only after approval
of the Zoning Officer and review by the Borough Engineer. All cuts
shall be 10 feet 10 inches in length in residential districts, not
more than 35 feet in length in commercial districts, and shall be
elevated two inches minimum above pavement in order to provide a proper
gutter for stormwater drainage. New curb recesses in new curbing shall
also comply with the dimensions as set forth herein.
Any willful violation of any section of this
article shall constitute a summary offense, and, upon conviction,
the defendant may be punishable by a fine of not more than $1,000,
plus costs of prosecution, and, in default of payment of such fine
and costs, by imprisonment for not more than 30 days.
