[Adopted 3-1-1954 by Ord. No. 179 (Ch.
21, Part 2 of the 1996 Code)]
The respective owners of all lands fronting
on any street or highway within the Borough of Denver, Lancaster County,
Pennsylvania, shall construct sidewalks and curbs along the entire
frontage of their respective properties within 30 days after receiving
notice in writing from the Borough Council.
All sidewalks and curbs shall be laid and set
to the established grade line, curbline and sidewalk width which shall
be furnished upon application to the Borough Engineer. The grade and
location of curbs and sidewalks shall be that set by the particular
ordinance establishing the same for any street or alley.
All sidewalks and curbs shall be of concrete
construction of a composition of cement, sand and stone in the following
proportions by volume: one part cement, two parts sand, and three
parts stone.
[Amended 3-6-1989 by Ord. No. 434; 8-27-1990 by Ord. No. 451]
All sidewalks within the Borough shall be constructed
and/or reconstructed in accordance with following specifications:
A.
A base consisting of a minimum of four inches of No.
2B stone, tamped in place by means of mechanical compaction, shall
be provided. At the discretion of the Borough Engineer or Director
of Public Works, an alternative base may be provided.
B.
All new and reconstructed sidewalks shall have a minimum
thickness of four inches of concrete. Where the sidewalk crosses a
driveway, the minimum thickness shall be six inches of concrete and
shall include six by six, 10 gauge wire mesh reinforcing. All concrete
shall have a minimum strength rating of 3,500 pounds per square inch.
All new sidewalks shall be constructed to have a minimum width of
five feet unless a greater width is required by the provision of any
other applicable ordinance or regulation. Sidewalks which are to be
reconstructed shall be reconstructed to the width existing prior to
the reconstruction.
[Amended 4-8-1996 by Ord. No. 475]
C.
All sidewalks shall be constructed with a uniform
slope from the back edge of the sidewalk toward the curbline with
a fall of 3/8 inch per foot, unless a different grade is established
by the Borough Engineer. The surface of the sidewalk shall be broom
finished, with joints not more than five feet apart.
[Amended 5-4-1993 by Ord. No. 460]
D.
A sidewalk construction inspection shall be made by
the director of Public Works or an appointed inspector prior to the
pouring of any concrete. The inspector shall check the forms for width,
slope and depth. The width of the grass strip shall also be checked.
The landowner or developer shall notify the Borough at least 24 hours
in advance in order to insure that inspection can be done before the
pouring of concrete.
[Amended 5-4-1993 by Ord. No. 460]
E.
In new developments where straight curb is installed,
the curb shall be depressed at all intersections to provide for the
installation of handicap ramps. The ramps shall be installed according
to the Commonwealth of Pennsylvania, Department of Transportation
specification N. RC-67, as amended or changed. The minimum opening
at the depressed area shall be four feet.
[Amended 4-8-1996 by Ord. No. 475[1]]
F.
A handicap access shall be provided whenever an existing
curb radius is removed or replaced.
G.
The placing of poles, posts, signs or facilities within
the area between the property line and the curbline shall be subject
to the prior approval of Borough Council. On all streets where courts
or open spaces are permitted for the planting of grass, the court
or open space shall be kept level, shall conform to grade, and shall
be free from any obstruction, fence, railing, bench, hedge or bush.
[Amended 8-27-1990 by Ord. No. 451]
All curbs shall be constructed in accordance
with the following standards:
A.
All newly constructed or reconstructed vertical or
straight curbs shall not be less than 18 inches in depth as measured
from the top of the curb to the base thereof and shall be eight inches
thick at the base and seven inches thick at the top. All such curbs
from the gutter grade line to the top thereof shall be a uniform height
of six inches, with a width of eight inches at the base, tapering
to a width of seven inches at the top of the curb, the outside top
edge being rounded to a 1/2 inch radius. A 1/2 inch bituminous expansion
joint shall be provided at least once every 25 feet of curb. Vertical
or straight curbs shall conform to the construction standards as provided
by specifications dated August 27, 1990, entitled "Curb and Street
Standards" available from the Borough.
B.
All newly constructed or reconstructed rolled curbs
shall be 12 inches in depth as measured from the top of the curb to
the base thereof and 24 inches in width, with measurements and construction
made in accordance with the construction standards as provided by
specifications dated August 27, 1990, entitled "Curb and Street Standards"
available from the Borough.
[Amended 4-8-1996 by Ord. No. 475[1]]
C.
Where fill is required, the same shall be of a clean
No. 2B stone base for the full width of the curb.
D.
Where a particular type of curb has been constructed,
the same type of curb construction shall be continued.
[Amended 4-5-1971 by Ord. No. 306; 3-6-1989 by Ord. No. 434]
A.
A plot of ground of 30 inches in width and planted
in grass or sod shall be maintained between the curb and sidewalk
on all new streets and highways within the Borough.
[Amended 4-8-1996 by Ord. No. 475]
B.
On existing streets and highways within the Borough which do not contain a plot of ground 30 inches in width, the plot of ground existing between the curb and sidewalk shall be maintained at the existing width and shall not be changed or altered in any respect without the approval of Borough Council. The replacement of existing curbs and/or sidewalks shall be in compliance with the requirements of this chapter, including Subsection A above.
[Amended 4-8-1996 by Ord. No. 475]
C.
No obstruction such as fences, railings, benches,
hedges or bushes shall be maintained in the plot between the curb
and the sidewalk.
D.
For both new and existing streets, all plots of ground between the curb and the sidewalk shall be planted with grass and sod; provided, however, shade trees may be planted in accordance with Subsection E herein. The use of materials other than grass and sod in the plot between the curb and sidewalk, such as asphalt, bricks, slate, stone, pebbles, shrubs and other vegetative matter is prohibited.
E.
With the approval of the Denver Borough Shade Tree Commission, shade trees may be planted in the plot between the curb and sidewalk. Such planting shall be in accordance with the provisions of the Borough's Shade Tree Regulations, Chapter 183, and with the rules and regulations of the Shade Tree Commission. If shade trees have been planted in the plot between the curb and the sidewalk, heavy mulch, ornamental flowers and vegetative ground cover, none of which shall exceed 12 inches in height, may be placed or planted at the base of the shade tree.
All residential private driveways and drive
approaches shall conform to the following specifications:
A.
Residential private driveways and drive approaches
for a three car or less garage or three car or less off-street parking
area shall have a minimum of 10 feet per opening or space and a maximum
of 24 feet, whichever is less. No private driveways are permitted
within 30 feet of an intersection.
C.
From the back of the sidewalk to the curb, the entrance ramp or approach shall be constructed of concrete and shall comply with all requirements of § 165-4 where the driveway crosses the sidewalk.
D.
Prior to the placing of any entrance ramp for a driveway
or drive approach, the landowner or developer shall notify the Borough
in order that an inspection may be conducted by the Director of Public
Works of the Borough or his designated appointee. Any entrance ramp
or drive approach placed to enter a state highway shall require a
PennDOT highway occupancy permit.
Industrial driveways from any street may be
of such width as to accommodate the service required with maximum
width subject to the approval of Borough Council.
Open storm drainage gutters across sidewalks
shall not have a depth of more than 3/4 inch for a nine inch width.
Covered gutters shall be of adequate size cast iron soil pipe cast
in the sidewalk concrete, or if plate-covered, an adequate thickness
of checker or nonslip steel plate shall be anchored by removable fasteners
to the concrete for easy cleaning.
The grading, paving, repaving and repairing
of all sidewalks and curbs within the Borough shall comply with the
requirements herein set forth and shall be done by and at the expense
of the owner or owners of lot or lots fronting thereon
[Amended 9-14-1970 by Ord. No. 280; 8-27-1990 by Ord. No.
451]
Any person, firm or corporation desiring to
construct, reconstruct, remove, repair or in any way disturb any sidewalk
or curb within the limits of the Borough shall apply to the Borough
Secretary or his designee for a permit, and shall submit with the
application a copy of the plans and specifications which shall sufficiently
show the character and extent of the operation, the estimated cost
thereof and the purpose of the applicant to comply with this article.
[Amended 9-14-1970 by Ord. No. 280; 6-10-2002 by Ord. No.
517]
Abutting property owners shall keep sidewalks,
private driveways and driveway approaches and curbs in a safe and
usable condition. This responsibility shall include, but not be limited
to, the following:
A.
Each abutting property owner shall keep sidewalks
free and clear of leaves and all other materials or obstructions that
might cause inconvenience or injury to pedestrians.
B.
Each abutting property owner shall repair or repave
sidewalks or curbs so that such sidewalks and curbs shall be maintained
in a condition which complies with all requirements of this part.
C.
Prior to the sale or other transfer of a lot, the
owner of the abutting property shall complete all repairs and/or repaving
necessary to bring the sidewalk, private driveway and driveway approach
and curb into compliance with all requirements of this article. If
the abutting property is a corner lot, the owner shall insure that
existing handicapped ramps meeting all specifications of the American
National Standards Institute are installed.
(1)
Any person desiring to sell or otherwise transfer
a lot shall obtain an inspection of the sidewalks, driveway and drive
approach and curbs by the Director of Public Works or his designee
and shall make all repairs which the report of the Director of Public
Works or his designee states is necessary to bring the sidewalks,
driveway and drive approach and curbs into compliance with the requirements
of this article prior to recording of any deed for the lot.
(2)
If weather conditions will not permit the completion
of the repairs prior to the recording of the deed, the seller or transferor
shall demonstrate to the Borough that a contract has been entered
into for the repairs, which will be completed as soon as the weather
conditions permit. Such contract shall have a date certain by which
the contractor shall complete all required repairs.
(3)
Each day after the recording of a deed transferring
such lot until the completion of the repairs to the sidewalks, driveway
and drive approach and/or curbs by the seller or transferor shall
constitute a separate violation of this section unless the seller
or transferor has provided the Borough with a copy of the contract
to perform the work when weather conditions permit. If the seller
or transferor has provided the Borough with a copy of the contract
to perform the necessary repairs, each day after the completion date
until the completion of the repairs to the sidewalks, driveway and
drive approach and/or curbs by the seller or transferor shall constitute
a separate violation of this section.
[Amended 9-14-1970 by Ord. No. 280; 2-26-1990 by Ord. No.
445]
A.
Any person, firm, or corporation, or the members of
such firm or the officers of such corporation, who shall violate any
provision of this article shall, for each and every such violation,
upon conviction thereof, be sentenced to pay a fine not less than
$50 nor more than $600 and the costs of prosecution; and, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense. Upon summary conviction or in
a civil action, the defendant may be assessed reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings in accordance
with Section 3321(6) of the Borough Code.[1]
[Amended 4-8-1996 by Ord. No. 475; 7-29-2013 by Ord. No.
612]
[1]
Editor’s Note: See 53 P.S. § 48321(6).
B.
The imposition of penalties herein provided shall not preclude the Borough from instituting appropriate legal or equitable action to prevent, restrain, correct or abate such violations and from recovering all costs related to the enforcement of this article. The imposition of penalties shall not prevent the Borough from taking action in accordance with § 165-15 to perform work after providing notice to do such work to the owner or in cases where emergency repairs are required and, in default of payment thereof, to file a municipal claim for such work against the property.
[Amended 4-8-1996 by Ord. No. 475]
Sixty days' notice in writing to lay or repair
sidewalks or curbs shall be given by any elected or appointed Borough
official except where emergency repairs are required, when 48 hours
notice will be given. Upon the neglect of any owner or owners of lots
to grade, pave, repave or repair any sidewalks or curbs, or upon the
neglect of any owner or owners to keep sidewalks and curbs in a safe
and usable condition, the Borough shall, after notice as herein provided,
cause the construction or repair of the sidewalks or curbs to be done
at the cost of such owner or owners and shall collect the cost thereof,
and 10% additional, together with all charges and expenses, from such
owner or owners, and may file a municipal lien therefor in the Court
of Common Pleas of Lancaster County, Pennsylvania, or collect the
same by action in assumpsit according to the Acts of Assembly of the
Commonwealth of Pennsylvania pertaining thereto.
All notices in this article referred to shall
be served upon the owner of the premises to which the notice refers,
if such owner is a resident of the Borough of Denver. If the owner
is not a resident, then the notice may be served upon the agent or
tenant of the owner, or upon the occupant of such premises. If the
owner has no agent or tenant or there is no occupier of such premises,
then service shall be by notice posted upon the premises.
