[Adopted 4-3-2001 by Ord. No. 01-702[1]]
[1]
Editor's Note: This ordinance superseded former
Art. I, Sidewalk Construction, adopted 9-1-1981 as Ch. 55 , Part 2,
of the 1981 Code, as amended, which specifically repealed an ordinance
pertaining to the repair and replacement of sidewalks adopted on 5-5-1920
and Ord. No. 369, adopted 4-3-1956.
It is the intent of this article to provide
maintenance and repair standards for public sidewalks in Clarion Borough,
Pennsylvania. The Borough's overall goal is to provide safe sidewalks
within the Borough for the use of its residents and the general public.
As used in this article, the following terms
shall have the meanings indicated:
Clarion Borough, a political subdivision located within the
County of Clarion, Commonwealth of Pennsylvania.
The Borough Zoning Officer, Borough Street Commissioner or
any other person named by the Borough Manager.
The owner or owners of real estate upon which a public sidewalk
is constructed, or the owner of real estate adjacent to a street right-of-way
upon which a public sidewalk is constructed. In the event that the
property is owned by a corporation, partnership or other entity, it
shall mean, respectively, an officer of the corporation, a partner
or a member of the entity.
Any sidewalk now existing or hereinafter constructed in the
Borough which is used, or available for use, by the general public.
Examples of the sidewalks included in this definition are sidewalks
which are adjacent to street rights-of-way and any sidewalk that provides
an access to a public building or other place open to the general
public. Examples of sidewalks which are not included within the definition
are sidewalks that lead from the public sidewalk to a private dwelling
or building or any other sidewalk not open to the general public.
Each owner of property adjacent to or upon which
a public sidewalk has been constructed or is in the future constructed
shall be responsible to maintain the sidewalk in a good and safe condition.
No public sidewalk, or portion thereof, may be removed without the
permission of or at the direction of Clarion Borough.
A public sidewalk which exhibits one or more
of the following conditions shall be deemed, for purposes of this
article, to be unsafe and in need of repair:
A.
Surface deterioration. Surface deterioration refers
to sidewalks that are experiencing cracking, spalling or deterioration,
for whatever reason, of concrete, brick, stone or other material.
A sidewalk section must be repaired when 25% or more of the exposed
horizontal surface has cracked, chipped or crumbled, exposing aggregate
and creating peaks and valleys, to a depth at any point of 1/4 inch
or more below the original surface. A section must also be repaired
if an area of 16 square inches or more has deteriorated or has developed
a hole at least 1/4 inch deep in the surface. Deteriorated material
must be removed down to sound concrete and the area thoroughly cleaned
before repair.
B.
Horizontal alignment. A sidewalk shall be repaired
when a crack within a section or a joint between two adjacent sections
has separated to a distance of 1/2 inch or greater or when the edges
of a crack are chipped or broken to create surface openings of 1/2
inch or more.
C.
Vertical alignment. A sidewalk section that is raised
or lowered exposing one-fourth-inch change in level may be vertical
and without edge treatment. Changes in level between 1/4 inch and
1/2 inch shall be beveled with a slope no greater than 1:12. Change
in level greater than 1/2 inch shall be accomplished by means of a
ramp that complies with Section 4.7 or 4.8 of the Americans with Disabilities
Act (ADA) Handbook. The section can be physically raised or lowered
to be realigned with the adjacent sections. If an entire section has
sunk, it may be patched with concrete bonded overlay of the entire
section. The minimum thickness of this patch cannot be less than one
inch unless otherwise recommended by the material manufacturer's specifications.
Placing a wedge of patch material over a portion of the section is
not acceptable. If vertical movement occurs around a crack which,
in the opinion of the Borough's representative, creates a tripping
hazard or potentially unsafe condition, the section shall be removed
and replaced. Cracks shall be chipped out in a V-shape to sound concrete
and thoroughly cleaned before repair. Repairs shall be made by first
applying a bonding agent and next placing patch material composed
of a half-and-half mixture of portland cement and sand or with a commercial
epoxy-type concrete patch or other material such as vinyl modified.
D.
Missing sidewalk. A concrete sidewalk slab or other
sidewalk material that is missing shall be replaced.
E.
Holes: when a sidewalk has one or more holes in it
measuring two inches or more in diameter and at least 1/2 inch deep.
The owner of any public sidewalk which exhibits any of the conditions described in § 185-4 above shall immediately repair the public sidewalk so as to correct the defective condition(s).
A.
All repairs made to public sidewalks shall comply
with the following requirements:
(1)
The width, slope and grade of the sidewalk shall
not be changed without the written approval of the designated representative.
(2)
Except as authorized by § 185-4C of this article, all repairs shall be made of concrete having a minimum thickness of four inches unless it passes over a driveway, in which case it shall have a minimum thickness of six inches and shall maintain continuous concrete across the driveway. Sidewalks crossing driveways shall have one layer of 6 x 6 - W2.9/W2.9 welded wire fabric.
[Amended 12-20-2013 by Ord. No. 2013-798]
(3)
All concrete used in sidewalk work shall be
as specified in PennDOT Form 408 for cement sidewalks.
(4)
The length of a poured replacement or newly
constructed sidewalk slab shall not be less than four feet and shall
not exceed 32 feet. Slabs shall be separated by a minimum one-fourth-inch
expansion joint.
(5)
All cement shall be poured upon a base of three
inches of 2RC or equivalent which has been compacted.
(6)
Concrete shall be placed immediately after mixing.
It shall be tamped and struck off with a template and shall be floated
with a wood float until the surface has a true contour. Care shall
be taken not to bring to the surface an excess of water and fine sand
by over finishing. A slip-resistant texture shall be achieved by coarse-brooming
the finished surface in a transverse direction.
(7)
The sidewalk shall be cut into separate rectangular
slabs not greater than five feet wide nor six feet long. The surface
edges of each slab shall be rounded to a one-fourth-inch radius.
(8)
Replacement sidewalks and newly constructed sidewalks or portions
of sidewalks which intersect with a street or alley shall be connected
to the adjoining roadway by means of a curb ramp with a slope no greater
than 1:20 and shall be provided with a detectable warning located
no more than eight inches from the curbline and installed according
to current Pennsylvania Department of Transportation standards. Ramp
edges adjoining sidewalks and street surfaces shall be provided with
a minimum one-fourth-inch expansion joint. Ramp sections shall be
transversely broomed to provide a coarse, nonslip surface.
[Amended 12-20-2013 by Ord. No. 2013-798]
(a)
When replacing 12 lineal feet or more of continuous sidewalk,
or when constructing new sidewalk where no sidewalk was previously,
a five-foot-by-five-foot turnaround, per current Americans with Disabilities
standards, must be provided and must be proportionately transitioned
to existing sidewalk width.
(9)
Such other requirements listed by the designated
representative at the time the permit for construction is obtained.
B.
Repair or replacement of defective sidewalks shall
not be required during traditional nonconstruction months (November
through March), except on an emergency basis, as determined by the
Borough's designated agent, although notice and time limit may be
given. Clear and obvious notice of the defective condition must be
given by the owner by use of signs, barriers or fluorescent orange
paint applied to the defective surface.
In the event that the designated representative determines that an owner's public sidewalk contains one or more of the conditions described in § 185-4, he shall send the owner of the property adjacent to or upon which the public sidewalk is located notice of the defective condition and a direction to repair the public sidewalk to eliminate the defective condition. The property owner shall have a period of 120 days in which to correct the defective condition.
[Amended 12-20-2013 by Ord. No. 2013-798]
In the event that the public sidewalk is not
repaired within the time period specified within the notice or the
owner is found to have violated any other provisions of this article,
then the owner of the property adjacent to or upon which the public
sidewalk is located shall be in violation of this article and, upon
conviction by a Magisterial District Judge, shall be sentenced to
pay a fine of $500 together with the cost of prosecution and, upon
default of payment of fine and costs, imprisonment for not more than
30 days. Each day the defective condition continues after the expiration
of the repair notice shall constitute a separate violation.
