[Adopted 8-11-1983 by Ord. No. 1434, approved 8-11-1983]
All new construction, repairing and relaying
of sidewalks and curbs shall be in strict conformity with this chapter
and these regulations; provided, however, that the Borough may make
minor adjustments to these regulations where special or unusual topographic
and/or physical conditions exist.
Every owner of land abutting any public street
or public alley in the Borough shall maintain the sidewalks and curbs
abutting such land in a good and safe condition as in the opinion
of the Borough shall be appropriate.
Every owner of property abutting any public
street or public alley in the Borough shall construct, repair or relay
sidewalk and/or curb upon service of a written notice to do so by
the Borough.
A permit must first be obtained from the Borough
prior to any construction of new sidewalks and curbs and for the repairing
and relaying of sidewalks and curbs.
A permit shall not be valid until the fees mentioned in § 223-36 have been paid. Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work. The Borough may revoke a permit or approval issued under the provisions of this article in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.
All curbs and sidewalks, when formed, shall
be inspected by the Borough prior to the pouring of concrete. A minimum
24 hours' notice shall be given prior to the start of concrete placement.
Upon completion of the construction, repair or relay of the same,
the Borough shall be contacted in order that a final inspection can
be made for approval.
[Amended 2-14-1985 by Ord. No. 1470, approved 2-14-1985; 9-12-1985 by Ord. 1488,
approved 9-12-1985; 10-9-1986 by Ord. No. 1515, approved 10-9-1986; 3-11-2021 by Ord. No. 2375, approved 3-11-2021 by Ord. No. 2375]
The schedule of fees for the construction of new sidewalks and curbs and for the repairing and relaying of sidewalks and curbs shall be as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended.
The Borough shall provide the following initial
data without charge: line, grade and specifications; provided, however,
that if it becomes necessary for the Borough to furnish the same data
more than once at the same location, a charge will be made, upon cost
basis, for duplicate data. The Borough shall not be responsible for
establishing line and grade in new developments.
A.
All curbing hereafter constructed or reconstructed
shall be constructed or reconstructed, as the case may be, in conformity
with the official specifications for curbing as adopted by the Borough
Council.
B.
All sidewalks hereafter constructed or reconstructed
shall be constructed or reconstructed, as the case may be, in conformity
with the official specifications for sidewalks as adopted by the Borough
Council.
[Amended 7-11-1985 by Ord. No. 1485, approved 7-11-1985]
The owners of land abutting any public street
or alley in the Borough of Carlisle shall construct, repair or relay
such sidewalks and/or curbs within 30 days after service of notice
as herein provided, unless said notice shall specifically provide
for a longer period.
A.
Any person who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $1,000, plus costs of prosecution, and, in default
of payment thereof, to imprisonment of not more than 30 days. Each
day the violation occurs constitutes a new and separate violation.
B.
When an owner notifies the office of the Borough in
writing within 10 days of the mailing of notice to such owner of work
to be done of an appeal from such determination, such determination
shall be reviewed by the Board of Appeals appointed by the Borough[1] and such determination may be modified or reversed entirely
by the Board in the event it appears that such work would either be
impractical or unnecessary in view of the purpose of the sidewalk
and curbing and under the topographical and other physical circumstances
of the property in question. Decisions of the Board of Appeals shall
be by a majority of its members and the Board shall render its decisions
within 15 days of receipt of the appeal notice to the Borough.
During the excavation, construction, repair
or relay, curing and backfilling of any curb and/or sidewalk, the
owner shall place and maintain adequate hazard warnings to vehicular
and pedestrian traffic by means of barricades, flares, lights or similar
means.
[Amended 8-9-1990 by Ord. No. 1680, approved 8-10-1990[1]]
Upon failure of any property owner to comply with § 223-39 above within 10 days after the expiration of a notice to construct, the Borough may cause such construction, repairing or relaying, as the case may be, either by letting the work to contractors after advertisements for bids or by employees of the Borough. The cost thereof and an additional 15%, together with interest from the date of completion of the work at the rate of 12% per annum and court costs, shall be collected from such owner by filing a municipal claim/lien therefor and by action of assumpsit.
Council may, from time to time as it deems necessary,
direct, by resolution, the construction of sidewalks in areas where
no sidewalks exist on the effective date of this article.
[Added 7-11-1985 by Ord. No. 1485, approved 7-11-1985]
The Borough may, at its discretion, establish
a program of inspecting sidewalks and curbs within the Borough to
ensure that existing sidewalks and curbs are maintained in a safe
and functional manner in conformity with the Borough's established
grades, lines and specifications. Said program may provide for dividing
the Borough into zones, with different zones being inspected annually.
