[Adopted 6-6-2001 by Ord. No. 2001-11[2]]
[1]
Editor’s Note: This article was retitled from "Sidewalks and Curbs" to "Sidewalks, Curbs and Public Pedestrian Easements" 3-26-2012 by Ord. No. 2012-03.
[2]
Editor's Note: This ordinance also repealed former Art. V, Sidewalks and Curbs, adopted 5-25-1988 by Ord. No. 88-11.
Whenever used in this article, unless a different meaning appears in the context, the following terms shall have the meanings indicated:
BOROUGH ENGINEER
The Borough Engineer of the Borough of Chambersburg or his duly authorized representative.
DETERIORATION
A public easement, curb or sidewalk will be considered deteriorated and subject to an order of repair if any of the following conditions exist:
[Amended 3-26-2012 by Ord. No. 2012-03]
A. 
A hole one or more inches in depth and four or more square inches in the area of the surface of the sidewalk.
B. 
An abrupt change in elevation at a crack or joint, where the differential is one or more inches between the sections of the sidewalk or the curb contiguous thereto.
C. 
A concrete curb is cracked or broken such that the curb has portions missing of a width three inches or more in any section of the curb or a vertical misalignment of one or more inches.
D. 
Substantial overall deterioration with numerous cracks (not at the seams) that runs through the concrete.
E. 
When the surface of the walkway is substantially spalled exposing a significantly rough surface or stone and gravel in an area that exceeds eight square feet.
F. 
When the walkway of a public easement located on private property or a sidewalk is subject to one or more obstructions.
MAINTENANCE
Care and upkeep sufficient to maintain the public easement, curb and/or sidewalk accessible to the general public and free of hazardous conditions and/or impediments to the free and uninterrupted use of the same by the general public.
[Added 3-26-2012 by Ord. No. 2012-03]
OBSTRUCTION
Any structure, growth or object including a mobile object, and/or hazardous condition which impedes the safe, free and uninterrupted use of a public easement on private property, curb or sidewalk by the general public.
[Added 3-26-2012 by Ord. No. 2012-03]
PRIVATE PROPERTY
Real property owned by or leased to a nongovernment entity.
[Added 3-26-2012 by Ord. No. 2012-03]
PROPERTY OWNER
Any natural individual or individuals, firm or firms, company or companies or corporation or corporations owning real estate in the Borough of Chambersburg, Pennsylvania. The record owner as reflected in Franklin County deed records shall at all times be the responsible owner for purposes of this article.
[Amended 3-26-2012 by Ord. No. 2012-03]
PUBLIC EASEMENT
An easement created by Borough approval of a subdivision or land development plan for the purpose of public pedestrian traffic upon or across private property.
[Added 3-26-2012 by Ord. No. 2012-03]
[Amended 3-26-2012 by Ord. No. 2012-03]
A. 
Property owners on whose property there exists public curbs and sidewalks and/or public easements shall be responsible for paving curb and sidewalks and for maintaining curbs, sidewalks and public easements in good repair, in safe condition and free of vegetation or other obstruction.
B. 
The operation and maintenance of stormwater facilities related to public walkways within public easements shall be the responsibility of those property owners upon whose private property the walkway is located.
[Amended 3-26-2012 by Ord. No. 2012-03; 12-9-2019 by Ord. No. 2019-13]
A. 
Town Council has established, by resolution, a Curb and Sidewalk Installation Plan/Map for each ward of the Borough, which plans and maps are incorporated herein by reference and which may be amended from time to time by resolution of Town Council. Said plan and maps establish which streets, or portions thereof, upon which curbs and sidewalks shall either be maintained, constructed, repaired or reconstructed.
B. 
Town Council has established, by resolution, a Sidewalk and Curb Installation Policy, which policy is incorporated herein by reference and which may be amended from time to time by resolution of Town Council. Said policy establishes the circumstances under which curbs and sidewalks must be maintained, constructed, reconstructed, and repaired.
C. 
Curbs and sidewalks shall be constructed, reconstructed, and repaired in accordance with the Curb and Sidewalk Installation Plans/Maps and Sidewalk and Curb Installation Policy, as may be amended from time to time.
D. 
Curbs and sidewalks shall be constructed, reconstructed, and repaired in accordance with specifications promulgated by the Borough Engineer from time to time.
E. 
Appeals. If any person desires to dispute a determination of the Borough Engineer, or any notice issued in accordance with this section, such person may appeal the decision or notice to the Curb and Sidewalk Compliance Committee (the "Committee"). The Committee shall be comprised of three members of Town Council as appointed by Town Council. The Committee shall meet to hear appeals no more frequently than quarterly unless additional meetings are determined necessary by the Borough Manager. Proceedings shall be conducted in accordance with Local Agency Law, 2 Pa. C.S.A. §§ 551 to 555, as amended. The determination, notice, or action from which the appeal is taken shall be stayed pending adjudication by the Committee, except for determinations that emergency repairs must be effectuated, that a dangerous condition exists that must be abated, and a stop-work order issued under this chapter. Adjudications that modify the location of a required curb or sidewalk installation shall result in a modification of the applicable Curb and Sidewalk Installation Plan/Map without further action of Town Council. However, no adjudication shall bar Town Council from exercising its powers pursuant to § 1802 of the Borough Code at a future date. Fees for appeals shall be established by resolution of the Town Council and the Board may adopt procedures for the conduct of its business and Borough staff may promulgate forms necessary to effectuate the provisions of this section.
A. 
Before any property owner shall construct, reconstruct or repair the sidewalk or curb in front of or along his property, except when the repair involves an area not exceeding five feet by 10 feet or a lineal distance of 10 feet of curb and where the line and grade has heretofore been established, he shall obtain the line and grade therefor from the Borough Engineer, who will at that time inform him of the materials and specifications hereinbefore referred to.
B. 
Before commencing such construction, the property owner or his designated agent shall obtain a permit from the Borough Engineer, for which he shall pay a fee to the Borough of Chambersburg, established by resolution of Council from time to time, which payment shall cover the expense of the Borough in first fixing the line and grade, and in the event, through no fault on the part of the Borough of Chambersburg, the property owner requires a subsequent trip or trips to the site for refixing the line and grade, then the property owner shall reimburse the Borough for expenses incurred during these subsequent trips, plus 10% additional.
C. 
If, upon final inspection of the construction site or upon receiving other information that may be available to the Borough Engineer, it is determined that the walk and/or curb do not meet the specifications as set forth, the Borough Engineer will send notifications to the property owner that any defects found shall be corrected before final Borough approval.
[Amended 3-26-2012 by Ord. No. 2012-03]
A. 
All property owners shall be responsible to trim or remove trees and stumps which may create a hazardous condition in the sidewalk, public easement or curb along or over such property owner’s property and shall construct or install gutters, channels, boxes or inserts in the sidewalk in accordance with specifications determined from time to time by the Borough Engineer.
B. 
All trees, shrubs, hedges, and other vegetation shall be trimmed so that they do not encroach upon the sidewalk and do not overhang the sidewalk at a height of less than eight feet from the sidewalk surface.
[Amended 12-9-2019 by Ord. No. 2019-13]
C. 
Those provisions of this chapter related to snow and ice removal on sidewalks shall be equally applicable to public easements.[1]
[1]
Editor’s Note: See also Art. II, Snow and Ice Removal.
[Amended 3-26-2012 by Ord. No. 2012-03]
A. 
Upon the neglect of any property owner to comply with any of the requirements provided in the preceding sections, the borough may, after 120 days’ notice in the case of sidewalk construction or construction of walkway within a public easement, 60 days’ notice in the case of curb construction and 10 days’ notice in case of walkway maintenance within a public easement, cause the grading, paving, repairing, curbing, removal of obstructions and/or guttering to be done at the cost of such property owner and may collect the cost thereof and 10% additional, together with all charges and expenses, from such property owner and may file a municipal claim therefor or collect the same by action in assumpsit. All such notices shall be served upon the property owner of the premises to which the notice refers, if such property owner is a resident of the Borough. If the property owner is not a resident, the notice may be served upon the agent or tenant of the property owner or upon the occupant of such premises. If the property owner has no agent or tenant and there is no occupier of such premises, then service shall be by notice posted on the premises.
B. 
Any property owner receiving a notice as aforesaid shall notify the Borough Engineer of any contract entered into for such work within the one-hundred-twenty-, sixty-, or ten-day period and, upon failure to do so, shall be responsible for any expense incurred by the Borough by reason of advertising for bids or the letting of any contract.
C. 
Notwithstanding the foregoing, the Borough shall have the right to make emergency repairs to curbs and sidewalks if deemed necessary by the Borough Engineer, after inspection, to correct a dangerous condition and such repair is not estimated to exceed $1,000. Before an emergency repair is made, the Borough shall provide notice, as specified in subsection A or B above, as applicable, at least 48 hours prior to effectuating the repair.
[Added 12-9-2019 by Ord. No. 2019-13]
No curb cuts shall be made or driveway entrances constructed on No curb cuts shall be made or driveway entrances constructed on existing sidewalks in the Borough of Chambersburg without approval of the Borough Engineer, and such work shall be done in accordance with specifications furnished from time to time by the Borough Engineer.
[Amended 12-9-2019 by Ord. No. 2019-13]
If any property owner shall commence, or permit others to commence, the paving, repaving, repairing, curbing, or recurbing of any sidewalk not in compliance with this article or not in compliance with lines and grades and specifications provided by the Borough Engineer, said Borough Engineer is authorized to issue a stop order directed to the property owner and serve it upon the property owner in the manner as set forth in § 254-33 above. Upon service of such stop order, all paving, repaving, curbing, or recurbing shall immediately cease. The filing of an appeal under this chapter will not stay a stop order until such time as the Borough Engineer determines that work may commence.
[Amended 3-26-2012 by Ord. No. 2012-03]
The Borough Engineer shall maintain records of all reports received of defective sidewalks, walkways within a public easement and curbs and of all notices to replace or repave issued. He shall submit to the Borough Manager upon request a listing of all reports of defective sidewalks, walkways within a public easement and curbs, action taken on each report received, notices given to repair, replace or repave and action taken by the property owner in response to said notices.
Nothing in this article, including the issuing of a permit or a compliance certificate, shall be construed to hold the Borough of Chambersburg liable for any failure due to faulty construction or any other act in connection with curb and sidewalk construction.
A. 
Violation of any provision or requirement of this article or violation of any statement, plan, application, permit or certificate approved under the provisions of this article shall be considered an offense punishable by a fine of not more than $500 or imprisonment for not more than 60 days for each offense. Each day that a violation is continued shall constitute a separate offense.
B. 
The property owner, general agent or contractor for the property concerning the property on which such violation has been committed or does exist shall be guilty of such an offense.
[Amended 3-26-2012 by Ord. No. 2012-03]