As used in this article, the following terms shall have the
meanings indicated:
CERTIFICATE OF INSPECTION
An official written letter or statement from the Borough
Code Enforcement Officer or Engineer confirming that it has inspected
a sidewalk and determined that the sidewalk is not defective and/or
in need of repair, reconstruction and/or replacement.
OWNER
Any person or persons, jointly or severally, who: 1) is vested
with legal title to real property; 2) has charge, care, custody or
control over real property as agent of the person who is vested with
legal title to real property; or 3) is the executor(trix), administrator(trix),
or guardian of the estate of the person who is vested with legal title
to real property. This term shall include the Borough, only with respect
to real property for which the Borough holds legal title.
PERSON
Any natural person, partnership, firm, association, corporation,
or other entity.
PUBLIC FACILITIES
Facilities owned by the state, county or Borough and open
to use by the public. Public facilities include, but are not limited
to, parks, recreation spaces, trails, community centers, and swimming
pools.
SALE/SELL OR TRANSFER
The sale, transfer or assignment of any interest in real
property, except for transactions solely between spouses and the refinancing
of real property without conveyance.
SIDEWALK
That portion of any public or private street, avenue, road,
alley or highway that is located outside of the cartway and is available
to use by the public as a pedestrian walkway. This term shall not
include any shared use path located on a public street by the Borough
and designated by paint, signs, or other markings on or within such
street.
STREET
Any Borough street, avenue, road, alley or highway.
The Borough may construct and install sidewalks along all or
part of any street or state highway, where all or part of a sidewalk
does not exist as of the effective date of this article. No other
person may install a sidewalk along all or part of any street, where
all or part of a sidewalk does not exist as of the effective date
of this article.
The Borough may install sidewalks pursuant to the authority granted in §
158-2 herein, when one or more of the following conditions are present:
A. The street or state highway along which a sidewalk will be installed
is a safe walking route to schools or would be a preferred safe walking
route to schools, if a sidewalk existed.
B. The street or state highway along which a sidewalk will be installed
is a commonly used route to public facilities or would be a preferred
safe route to public facilities, if a sidewalk existed.
C. An existing sidewalk serves more than 50% of a street or state highway
segment, but is not complete.
D. The street or state highway along which a sidewalk will be installed
is a bus route.
E. The Borough Council has conducted a review of streets and/or state
highways without sidewalks and has approved, by resolution, a sidewalk
plan which designates the sidewalk or sidewalks to be installed as
necessary in order to promote safe pedestrian travel.
All sidewalks shall be constructed, repaired, replaced and/or
reconstructed in accordance with the following specifications:
A. All sidewalks shall be constructed, installed, reconstructed, repaired
and/or replaced upon the line and grade obtained from the Borough
Code Enforcement Officer or Engineer, which shall generally rise on
the front or curb line to the back or property edge at a uniform grade
of 1/4 inch per foot or 2%.
B. Sidewalks shall be constructed of four-inch-thick 4,000 psi concrete
over six by six welded #9 mesh centered on the depth of the slab set
on a minimum of four-inch crushed limestone on a well compacted earth
subbase, the limestone base to extend at least six inches beyond each
side of the walkway. However, where the sidewalk extends across or
is part of a driveway, the slab shall be six inches thick and be set
on a six-inch crushed limestone base.
C. One-half inch expansion joints at 20 feet maximum on center with
construction joints set at 1/4 depth of the walk at five feet maximum
on center.
D. Surfaces shall be broom finished with straight lines 1/16 inch to
1/8 inch deep set perpendicular to traffic.
E. Walks shall be 42 inches in width, adjusted to match existing sidewalks
where possible.
F. Where sidewalks approach or abut streets for pedestrian crossing,
ADA compliant curb ramps meeting the applicable provisions of Section
406, Curb Ramps and Blended Transitions, of the American National
Standards Institute A117.1-2017 standard, are required.
G. Concrete to be cured by either moisture curing, the use of a moisture
curing cover, or the use of a curing compound. Concrete shall be sealed
with two coats of boiled linseed oil or its approved equal. Trowel
or broom finish is required, in order to produce an even surface with
granular or matte texture that will not be slick when wet. Joints,
edges, and seams shall be tool-finished.
H. Any exceptions to the above shall require the prior approval of the Borough Code Enforcement Officer or Engineer and shall be shown on the engineered drawing or plan, as required in §
158-4C above, approved by the Borough Enforcement Officer or Engineer. When reviewing a requested exception to the above construction specifications, the Borough Code Enforcement Officer or Engineer shall consider whether adherence to the specification at issue is impractical for reasons of safety, topography, or other proper reasons.
I. Any sidewalk or sidewalk section existing on the effective date of this article, which does not meet the construction specifications of this section but is not determined to be defective and/or in need of repair pursuant to Section
158-6B herein, shall not be required to be reconstructed or replaced so that it conforms to the construction specifications of this section. However, this provision shall not be interpreted to prohibit the Borough Code Enforcement Officer or Engineer from issuing the notice provided for in Section
158-6C below, if it is determined that a sidewalk or sidewalk section existing on the effective date of this article is defective and/or in need of repair, nor as relieving any owner with a sidewalk or sidewalk section existing on the effective date of this article that is defective and/or in need of repair from the requirement to make repairs determined necessary by the Borough Code Enforcement Officer or Engineer.
All owners and/or occupants of properties abutting sidewalks
in the Borough of Rosslyn Farms shall keep such sidewalks clean and
clear from all dirt, rubbish, garbage and refuse matter, and open
and unobstructed for the use of the public. When snow shall fall,
owners and/or occupants of properties abutting sidewalks shall remove
the snow from such sidewalks within 24 hours after the snow ceases
to fall. In the case of vacant or unoccupied property of owners residing
outside of the Borough, the Borough may cause such dirt, garbage,
snow or other obstructions to be removed from said sidewalks without
notice to the owner and collect the cost thereof and an additional
10% of such costs, together with all charges and expenses, from the
owner and may file a municipal claim for such amounts or collect the
amounts by action in assumpsit.
No person shall ride or drive any vehicle along, upon or across any sidewalk within the Borough, except at a public or private crossing thereof, or otherwise injure or destroy any such sidewalk, provided that this shall not apply to any temporary obstruction or removal, during the daytime, of any sidewalks in front of properties during building or other improvements. Such temporary obstruction or removal of a sidewalk shall be subject to the prior approval of the Supervisor of the Borough Public Works Department and subject to such conditions as the Supervisor of Public Works may deem proper for the comfort and convenience of the public. Any person who temporarily removes a sidewalk shall reconstruct the sidewalk in accordance with the specifications set forth in §
158-5 above, after having first obtained the permit required under §
158-4. Receipt of the permit required under §
158-4 shall be a condition of any approval of the Supervisor of Public Works for a temporary removal of a sidewalk, and the sidewalk may not be removed prior to the issuance of said permit.
Owners and/or occupants of property abutting any public or private
street, highway or public right-of-way where sidewalks exist may not
remove such sidewalks and shall be responsible for sidewalk maintenance,
repair, replacement and/or reconstruction.
Any person who shall violate any provision of this article,
upon conviction thereof, shall be sentenced to pay a fine of not more
than $1,000 plus costs. Each day that a violation of this article
continues shall constitute a separate offense.