The grading, paving, repaving, maintenance, and repairing of
all sidewalks on the streets of said Borough and the construction
and repairing of curbs at the edge of the sidewalks shall be done
by the owner or owners of the lot or lots of grounds fronting or abutting
thereon at such time or times as the Council shall direct in and in
compliance with the specifications and materials referred to in Penn
DOT publication 408 and 72M (RC standards).
All curbs laid, relaid or constructed after the passage of this
article shall be of concrete or such other material as the Borough
Council, upon application thereto, shall approve and shall be in accordance
with the following specifications:
A.
Where built together with a sidewalk, curbing shall be seven inches
in thickness and 16 inches in depth.
B.
Independent curbing, or where the curb is built separate from the
sidewalk, shall be seven inches in thickness on top, eight inches
thick at the gutter and 18 inches in depth.
C.
The curb reveal shall be six inches above the street line or as directed
by the Borough.
D.
Curbing shall be constructed with contraction joints in ten-foot
lengths with one-half-inch premolded expansion joint filler material
at one-hundred-foot intervals, at structures, and at end of each work
day. Finished joints between curbs and roadways shall be sealed with
bituminous joint sealer material.
E.
All concrete shall be properly cured and have a twenty-eight-day
compressive strength of 3,500 pounds per square inch with a broom
finish.
F.
The top surface of the curb shall be finished true to line and grade
in a smooth, neat and even manner. Edges of the face shall be rounded
to a radius of 3/4 inch and edges of the back shall be rounded to
a radius of 1/4 inch with the top of curb sloping towards the gutter.
G.
The top of the depressed curb for a driveway shall be a maximum of
1 1/2 inches above the roadway.
H.
Curb cuts for handicap accessibility shall be in accordance with
federal regulations and Penn DOT RC standards.
I.
The finished construction site shall be graded, raked and seeded,
and the area shall be left clean of all debris. The property owner
shall continue to maintain the work including removal of weeds from
all joints and gutter.
J.
Any road surface disturbed by the removal of old curbing shall be
repaired with 25 mm base to full depth and two-inch thick 9.5 mm top
course asphalt and any milling shall allow for two inches of 9.5 mm
asphalt material.
All sidewalks laid, relaid or constructed after the passage
of this article shall be concrete, brick pavers, or such other material
as the Borough Council, upon application thereto, shall approve and
shall be in accordance with the following specifications:
A.
Sidewalks shall have a base supported by a layer of 2A crushed stone
or 2B stone not less than four inches in thickness, thoroughly tamped,
upon which shall be placed six-by-six-inch six-gage wire (6x6-W2.9xW2.9)
and not less than four inches of concrete wearing surface.
B.
Sidewalks shall be constructed in slabs with premolded expansion
joint filler material construction joints not more than 20 feet in
length with a contraction joint every five feet. All sidewalks shall
be broom finished with broom strokes perpendicular to the direction
of pedestrian travel along the walkway.
C.
Sidewalks shall be in accordance with federal regulations and Penn
DOT RC standards for handicap accessibility. Depressed curbs as intersections
shall utilize Detectable Warning Surfaces. Sidewalks shall have a
maximum of slope of 2% (one fourth-inch-per-foot) toward the street.
Minimum slope shall be such that water will not pond on walk.
D.
Sidewalk width shall be six feet, including the curb, except as otherwise
prescribed by the Borough Council.
E.
All concrete shall be properly cured and have a twenty-eight-day
compression strength of 3,500 pounds per square inch with a broom
finish brick pavers shall be replaced or repaired with brick pavers
that are compatible with those of the borough street improvement projects.
(i.e. — four inches by eight inches by 2.25 inches thick, brick
color to be approved, and 10,000 psi clay or concrete brick strength.)
Paver joints shall be filled with polymeric sand installed is accordance
with the manufacturer's recommendations.
F.
Handicap-accessible ramps shall be in accordance with federal regulations
and Penn DOT RC standards for handicap accessibility. Intersections
shall utilize detectable warning surfaces.
G.
The finished construction site shall be graded, raked and seeded,
and the area shall be left clean of all debris. The property owner
shall have a continuing obligation to maintain the sidewalk including
removal of weeds from all joints and gutter.
The owner or owners desiring to lay, relay or construct any
curb or pavement shall first obtain a permit from the Code Enforcement
Officer.
The owner or owners shall keep in repair the curb and pavement in front of or abutting upon their respective premises. Repairs shall include any brick pavers that were installed as a Borough streetscape improvement project. The property owner shall continue to maintain the work including removal of weeds from all joints and gutter. If the same shall not be kept in repair, the Code Enforcement Officer shall give such owner or owners notice, in the manner prescribed in§ 249-12 of this article, to repair the same, and if the repairs are not made within 90 days after such notice is served, the Borough may cause said repairs to be made and collect the costs of the same from such owner or owners, either by suit or by filing a municipal lien therefor against such premises.
Whenever the Council shall determine that grading, paving, repaving,
curbing or recurbing is necessary, the Code Enforcement Officer shall
notify the owner or owners or agent or agents, in writing of such
determination. Within 30 days of receiving such written notice, the
property owner shall submit a written proposal of the work to be done,
along with a schedule for the completion of such work. The property
owner shall have 90 days from the receipt of the original notice to
complete the work.
Should the property owner determine that such construction or
repair of curbing and/or sidewalk is unnecessary or unreasonable or
should present a hardship to the property owner, the owner may, within
45 days of the original notice, appeal the terms and conditions of
said notice before the Borough Council.
A.
Any person, firm or corporation violating or permitting the violation
of any provision of this chapter or who fails to carry out an order
made pursuant to this chapter, upon conviction thereof in an action
brought before a magisterial district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine not less than
$300 nor more than $1,000 plus court costs and in default of payment
of said fines and cost a term of imprisonment not to exceed 90 days.
Each day that a violation of this chapter continues shall constitute
a separate offense.
B.
In addition, the Borough may, through its Solicitor, institute injunctive,
mandamus or any other appropriate action or proceeding at law or in
equity for the enforcement of this chapter. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus, or other legal or equitable forms
of remedy or relief. Such relief may include costs, fees and charges,
including reasonable attorney's fees and costs, as may be permitted
by law. Notwithstanding any other provision of this chapter, the Borough
shall have the right at any or all times deemed necessary by the Borough
to inspect and, upon determination of a violation of this chapter,
to correct the violation, with all expenses associated with correcting
the violation to be charged to the property owner responsible for
the violation. Failure by the property owner to compensate the Borough
for all expenses associated with correcting the violation may result
in the Borough's filing of a municipal lien against the property
in violation.
