[Adopted 9-9-2021 by Ord. No. 2021-04[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Construction of Curbs, adopted 7-26-1962.
The Borough of Jim Thorpe 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 ordinance.
No public sidewalks, curbs or gutters shall be repaired or installed by any person without first having a written permit from the Borough.
Application for a sidewalk, curb or gutter repair or installation permit shall be made on forms furnished by the Borough.
A. 
Fees for a sidewalk, curb, or gutter installation permit, payable in advance, are as follows: a deposit in the amount set by resolution of the Borough Council to cover the engineering fee for the grade and alignment should be made at the time of application. In the event the engineering fee is less than such application fee, a refund shall be made by the Borough to the applicant in the amount by which the application fee received exceeds the actual engineering costs. In the event the engineering fee for the grade and alignment standards is in excess of the application fee received, the applicant will be required to pay to the Borough within 20 days of receipt of written notice from the Borough the amount by which the actual engineering fee exceeds the application fee received. Failure to pay such additional amount may result in revocation of any permit issued with respect to such application.
B. 
A permit shall cover only contiguous construction and the work to be done as one continuous operation.
A. 
A permit shall expire for work not started within 30 days or completed within 60 days after issuance of a permit, and a new permit shall be required before beginning or completing the work.
B. 
Before commencing construction, the person or homeowner who has obtained the permit to have work done on the sidewalk and/or curb must give at least 48 hours' notice to the Borough Manager. This will enable the Borough Manager to contact the Borough Engineer for any inspections that may be required under the terms of this article.
A. 
All curbs shall be constructed, reconstructed, and repaired and the grading therefor done upon the line and grade obtained by the property owner from the Borough Council or the Borough Engineer and not otherwise so that curbing, if any, is installed on the property line and drainage, if any, is installed on the Borough right-of-way.
B. 
The curb center line shall be determined by the Borough Council or the Borough Engineer. Curbing shall have a minimum eight-inch reveal. If curbing is higher than existing sidewalks, then sidewalks may need to be replaced to prevent ponding of water on the sidewalk.
C. 
The Borough Council or the Borough Engineer shall determine if stormwater is an issue. If so, the Borough Engineer shall determine and/or approve the pipe and basin size according to flow calculations and ensure the stormwater has a place to drain to. If stormwater pipes or basins are installed, curbing shall be replaced or installed to PADOT Pub. 408, Section 630, specifications.
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.
Every owner of property in the Borough of Jim Thorpe shall, on 30 days' notice from Borough Council, construct or reconstruct a sidewalk and/or curb in front of, alongside or to the rear of such property, which shall conform to all applicable requirements of this article.
Every owner of property in the Borough of Jim Thorpe shall, on 30 days' notice from the Borough Council, repair the sidewalk/curb in front of, alongside or to the rear of such property in a manner stipulated in such notice.
A. 
All curbing and sidewalk shall be constructed, reconstructed, and repaired of concrete only. The materials for curbs shall be in accordance with the specifications set forth in PADOT Pub. 408, Section 630, Subsections 630.1 through 630.3. The material for sidewalks shall be in accordance with applicable specifications in PADOT 408.
B. 
If any ADA curbs are required at intersections, with any street resurfacing projects, ADA ramps are to be installed, including replacement of existing ADA ramps if sidewalks are present.
Sidewalks, curbs or gutters shall be constructed in accordance with details and specifications as established by the Borough Engineer; or, in the alternative, at the applicant's preference, by design submitted to the Borough Engineer for review and approval. The Borough Engineer must review and approve prior to a permit being issued.
The Borough Engineer may authorize variances from standard sidewalk, curb, or gutter provisions where no curb exists or when unusual topographical conditions, nature of existing construction, or similar factors would make adherence to standard provisions unreasonable.
Borough Council may, upon written request of the owner of property in front of, alongside, or to the rear of such property, authorize the construction of a depressed curb to accommodate vehicular drive-over for a distance not to exceed 35 feet in length of one depressed curb section, and provided that a regular curb of standard height with a minimum length of five feet shall be constructed between such sections of depressed curb, if any.
It shall be the duty and the responsibility of Borough Council or the Borough Engineer to determine, in the case of any individual property, whether the sidewalk and/or curbing shall be constructed, reconstructed, or repaired, and, if so, the specific part or parts thereof to be reconstructed or repaired. The Borough Engineer or agent of Borough Council may at any time during the course of the work of constructing, reconstructing, or repairing any sidewalk and/or curb, visit the site of such work to ascertain whether the work is being done according to the requirements of this article. Within two days after completion of the work of construction, reconstruction, or repair of any sidewalk and/or curbs, it shall be the duty of the owner of the property or his agent, where such work was done, to notify the Borough Secretary of that fact so that the Borough may make an inspection of such sidewalk and/or curb to determine whether the grade thereof has been observed and followed.
A. 
All owners or agents of owners with property abutting and fronting upon any plaza, street, or alley within the corporate limits of the Borough are required to keep the public sidewalks, curbs or gutters immediately abutting their property in good order and repair. Each such owner shall be liable to the Borough for all losses to the Borough or recoveries from the Borough for damages to person or property of others caused by his failure or that of his agents to repair and keep in good order and reasonably safe condition, all such sidewalks abutting and fronting his property upon any plaza, street, or alley, curbs, or gutters within the corporate limits of the Borough.
B. 
A permit shall be required to make repairs pursuant to this section. However, there will be no charge for such a permit unless it is proposed to make a change in the grade, location or dimensions of the sidewalk, curb, or gutter.
Curbs not laid in accordance with this article and the above-referred-to grade are hereby declared to be nuisances and must be taken up and relaid or replaced according to the provisions hereof within 20 days after notice to said respective owner to do so by a properly authorized or appointed official of the Borough.
Notice to construct, pave, repave and repair sidewalks, curbs or gutters shall be given by registered or certified mail to abutting property owners, hand delivery, or posting on the front door, and such owners shall have 30 days to comply with said notice in conformity with any construction specifications prescribed by ordinance.
Upon the failure of any property owner to construct, pave, repave or maintain any sidewalk, curb, or gutter in compliance with notice to do so, the Borough of Jim Thorpe may do the same or cause the same to be done, and may levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.
Where in the opinion of the office in charge of sidewalk repairs a dangerous condition exists that can be repaired by an expenditure of $100, the Borough of Jim Thorpe shall send such property owner notice by registered or certified mail or hand delivery stating emergency repairs are required. Upon failure of such owner to comply with the notice within 48 hours after receiving it, the Borough of Jim Thorpe may make emergency repairs and levy costs of its work on such owner as a property lien to be collected in the manner provided by law.
Any property owner not required by notice 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 of Jim Thorpe before commencing work and shall conform to the provisions of this article and other regulations as to specifications for the construction and repair work.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs of prosecution and, in default of payment of said fine and costs, shall be subject to a term of imprisonment not to exceed 30 days.