[Ord. 85, 9/13/1983; amended by Ord. No. 2017-5, 12/5/2017]
The Borough may require owners of property abutting on any street,
including state highways, to construct, pave, repave and keep in good
repair the sidewalk, curb and gutter along such property, at such
grades and under such regulations as may be prescribed by this part.
[Ord. 85, 9/13/1983]
Where sidewalks or curbs are to be constructed, paved, repaved
or repaired over coal cellars or other excavations, such sidewalks
shall be supported by iron or steel beams, girders, stone or concrete
arches. Any support of wood or perishable material shall be prohibited.
[Ord. 85, 9/13/1983]
All sidewalks, curbs and gutters shall be constructed, paved,
repaved, or repaired, upon the line and grade obtained by the property
owner from the Borough Engineer.
[Ord. 85, 9/13/1983; amended by Ord. 2-1995, 11/7/1995; and by Ord. No. 2017-5, 12/5/2017]
Notice to construct, pave, repave and repair sidewalks, curbs
or gutters shall be given by regular and certified mail to abutting
property owners and such owners shall have 45 days to comply with
said notice in conformity with any construction specifications prescribed
by this part.
[Ord. 85, 9/13/1983; amended by Ord. No. 2017-5, 12/5/2017]
At any time during the performance of the required work, the
Borough Engineer or his designee may inspect the work to determine
whether construction specifications are being observed.
[Ord. 85, 9/13/1983; as amended by Ord. 2-1995, 11/7/1995]
Upon failure of any property owner to construct, pave, repave
or maintain any sidewalk, curb or gutter in compliance with notice
to do so or for failure to repair damage done to Borough streets,
the Borough may do the same or cause the same to be done and may levy
the cost of its work on such owner as a municipal lien to be collected
in the manner provided by law.
[Ord. 85, 9/13/1983; amended by Ord. 2008-5, 12/2/2008; and by Ord. No. 2017-5, 12/5/2017]
Where in the opinion of the Chairman of the Safety Committee
a dangerous condition exists that can be repaired, the Borough shall
send such property owner notice by registered or certified mail stating
emergency repairs are required. Upon failure of such owner to comply
with the notice within 48 hours after receiving it, the Borough may
make emergency repairs, and levy cost of its work and 10% additional
on such owner as a property lien to be collected in the manner provided
by law.
[Ord. 85, 9/13/1983; amended by Ord. No. 2017-5, 12/5/2017]
Any property owner who intends to construct, pave, repave or
keep in repair sidewalks, curbs or gutters, may construct, pave, repave,
or repair the sidewalk, curb and gutter abutting his property, provided
such owner shall make application to the Borough Engineer, or his
designee, before commencing work, shall have paid all fees and costs,
shall conform to the provision of this ordinance and other regulations
as to the specifications for construction and repair work and shall
notify the Engineer or his designee prior to the setting of any concrete
so that he may determine compliance with the requirements of this
chapter. Permits shall be valid for 90 days from the date of issuance.
Permits may be extended on a case by case basis at the discretion
of the Borough Engineer, or his designee, provided that such a request
has been made prior to the expiration of the original permit. Borough
Council, at its sole discretion, may waive a permit application fee.
[Ord. 85, 9/13/1983; as added by Ord. 2-1995, 11/7/1995; amended by Ord. 2013-5, 12/3/2013; and by Ord. No. 2017-5, 12/5/2017]
Each applicant shall pay a permit fee in an amount as may be
established and set forth in a Resolution adopted by Borough Council.
[Ord. 85, 9/13/1983; as added by Ord. 2-1995, 11/7/1995; amended by Ord. No. 2017-5, 12/5/2017]
Newly constructed or replaced sidewalks and curbs must be of
concrete construction and meet the following specifications:
1. Curbs.
A. Vertical curbs shall be a minimum of six inches wide; no less than
18 inches depth; on no less than four inches base, of PennDOT approved
2A or 2B or 2RC quarry stone; an expansion joint no less than every
four feet and no greater than every 20 feet; from road surface to
top of curb, no less than six inches and no greater than eight inches;
test strength of 3,500 pounds after 28 days of hardness, mixed in
accordance with standard practices; a straight street-side face; entire
curb front and rear faces shall be formed, shall be straight and without
warp; all edges shall be rounded; curbing compound applied according
to manufacturer's recommendations.
B. Vertical curbs are permitted. Specification details are attached
to the code of ordinances as Appendix 21-210-A "Vertical Curbs."
2. Sidewalks. Minimum of four feet in width or when abutting existing
sidewalk, the said line of the new or replacement sidewalk shall conform
to the line of the existing conditions; not less than four inches
in thickness; a four inch base of hand or mechanical tamped PennDOT
approved 2A, 2B or 2RC quarry stone; an expansion joint utilizing
a Borough Engineer approved material no less than every four feet
and no greater than every 20 feet or where the installation of new
concrete abuts existing concrete; control joints shall be placed at
a minimum of four feet and evenly spaced thereafter; sloped towards
street or cartway for proper drainage; test strength of 3,500 pounds
after 28 days of hardness mixed in accordance with standard practices;
broom-type finish; all edges shall be rounded to a minimum radius
of no less than 1/4 inch, curing compound applied according to manufacturer's
recommendations.
3. Driveways. Sidewalks at private crossings, entrances to parking lots
and private and public driveways shall be required to be a minimum
of four feet in width or when abutting existing sidewalk, the said
line of the new or replacement sidewalk shall conform to the line
of the existing conditions; not less than four inches in thickness;
a four inch base of hand or mechanical stamped PennDOT approved 2A,
2B or 2RC quarry stone; an expansion joint utilizing a Borough Engineer
approved material no less than every four feet and no greater than
every 20 feet or where the installation of new concrete abuts existing
concrete; control joints shall be placed at a minimum of four feet
and evenly spaced thereafter; sloped towards street or cartway for
proper drainage; test strength of 3,500 pounds after 28 days of hardness
mixed in accordance with standard practices; broom-type finish; all
edges shall be rounded to a minimum radius of no less than 1/4 inch,
curing compound applied according to manufacturer's recommendations.
4. Variation. Variation in excess of 1/4 inch from Borough provided
line and grade shall be sufficient for rejection of work.
5. Weather Protection. Concrete poured for curb and sidewalk must be
protected from drying too rapidly in warm weather and from freezing
in cold weather by appropriate precautions in accordance with the
most current American Concrete Institute recommendations.
6. Restorations. The property owner shall restore the street, sidewalk,
curb or gutter in accordance with this Chapter.
7. Accessibility Requirements. All work shall conform to the most current
standards as set forth by the Federal Americans with Disabilities
Act.
[Ord. 85, 9/13/1983; as added by Ord. 2-1995, 11/7/1995; amended by Ord. No. 2017-5, 12/5/2017]
All curbs or sidewalks along state highways shall be constructed
in accordance with PennDOT requirements and procedures, including
the obtaining of any required permit.
[Added by Ord. No. 2017-5, 12/5/2017]
1. No person, firm, or corporation shall tear up or open in any manner
whatsoever any sidewalk, curbing, street, alley or highway without
first having applied to the Borough for a permit, except in cases
where a permit is secured under this Part for the repair or replacement
of curb and sidewalk, whereupon the Borough shall set forth in the
permit, prescribing therein the purpose for which the sidewalk or
street is to be opened and the length and breadth of the opening to
be made and a general clause that said work shall be done in accordance
with the terms and provisions of this Part.
2. All street openings shall require a saw cut edge. Repair of said
opening shall consist of a minimum of six inches of compacted PennDOT
No. 2A or No. 2B stone sub-base, four inches of compacted HMA Superpave
binder course, 19mm mix, and 1 1/2 inch of compacted HMA Superpave
wearing course, 9.5mm mix (SRL-L or better) with a bituminous tack
coat placed on all asphalt to asphalt joints and asphalt to curb joints.
The repair specifications shall be subject to review and approval
by the Borough Engineer. See Exhibit" 21-212-A," "Typical Cross Section,"
located at the end of this part.
[Added by Ord. No. 2017-5, 12/5/2017]
The opening of sidewalks and streets under the provisions of
this part shall be subject to the supervision of the Borough Council,
Borough Engineer, or their designee and the person, firm or corporation
so opening a sidewalk curbing or street shall, subject to a like supervision,
replace and properly relay that portion of any sidewalk or street
which may have been displaced; and for a period of two years from
the date upon which an opening or excavation is made shall correct
any defects in the work done over such opening or excavation, provided
notice in writing is given by the Borough Council as to the need of
such repairs and the location thereof. Should the person, firm or
corporation fail to make such replacement or correct any defect(s)
within 30 days after receipt of written notice from the Borough Council
to do so, then in such event the said Borough may cause the work to
be done and collect the costs thereof, together with the costs of
suit, from such delinquent.
[Added by Ord. No. 2017-5, 12/5/2017]
Before said permit for opening of the streets, curbing or sidewalks
be issued, the party applying for same may be required to make such
deposit as Council may hereafter designate, based upon the area to
be opened. This deposit to be held for the period of one year, above
designated and shall be applied, or as much thereof as necessary,
toward the payment of putting the street in the proper condition,
should the street not be properly replaced after the thirty-day notice
above provided for.
[Added by Ord. No. 2017-5, 12/5/2017]
All property owners, persons, firms or corporations, while engaged
either by themselves or by their contractors, in doing any work under
the provisions of this part, shall fully protect the work, openings
and excavations, if any, in, upon or about said work, and conduct
all activities in accordance all federal and state regulations.
[Added by Ord. No. 2017-5, 12/5/2017]
Any person violating the provisions of this part shall be subject
to a fine not to exceed $1,000 together with costs of prosecution
and, in default of payment, undergo imprisonment of not more than
30 days. Each day of violation of this part shall be a separate violation.