Borough of Greencastle, PA Sidewalk and Curb Repair and Construction

Any street, avenue, boulevard, road, highway, freeway, parkway or other ways intended to be used by vehicular traffic or pedestrians, But Not including a minor street which provides secondary access to the back or side of properties otherwise abutting a street.

[1]

Editor's Note: This ordinance also provided for the renumbering of former § 169-16 as § 169-16.1.

§ 169-16.1 Conformity required.

Any new construction, repairing, or relaying of sidewalks or curbs shall be in strict conformity with this chapter and these regulations; provided, however, that the Board of Appeals may make minor adjustments or alter these regulations where special or unusual topographic and/or physical conditions exist or where other physical circumstances or safety conditions render sidewalks impractical or infeasible. Decisions of the Board of Appeals shall be by a majority of its members and shall comply with the provisions of Chapter 11, Article V, of this Code.

§ 169-17 Responsibility of property owners.

[Amended 10-5-2015 by Ord. No. 2015-06]

Every owner of land abutting any public street or public alley in the Borough shall maintain existing sidewalks and curbs abutting such land in a safe condition as the Borough shall deem appropriate and in conformity with standards and specifications that the Borough Council may from time to time designate by resolution or written policy.

§ 169-18 Notice to construct, repair or relay.

Every owner of property abutting any public street in the Borough shall construct, repair or relay sidewalk and/or curb upon service of a written notice to do so by the Borough.

[Amended 10-5-2015 by Ord. No. 2015-06]

Notice to construct, pave, repave and repair sidewalks, curbs or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have 30 days to comply with said notice in conformity with the standards and specifications established by resolution unless said notice shall specifically provide for a longer period of time to comply. However, if the sidewalks, curbs, or gutters may cause an immediate public danger, as determined by the Borough, the Borough may require immediate abatement. In no case shall the time period specified exceed 90 days, except during inclement or unseasonable weather in which case the party responsible for the repair/replacement or installation shall post a financial guarantee in lieu of the repair period.

Upon failure of any property owner to comply with § 169-18A and B 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, if required, or by employees of the Borough. The cost thereof and an additional 10%, together with all charges and expenses, as well as interest from the date of completion of the work at the rate of 6% per annum. In the event the property owner fails to remit said costs and expenses to the Borough, said costs and expenses as well as attorney fees and court costs shall be collected from such owner by filing a municipal claim/lien therefor and by action of assumpsit. Interest on the municipal claim/lien shall be collectible at the rate of 10% per annum from the date of the filing of the municipal claim/lien.

[Amended 7-7-2014 by Ord. No. 2014-05]

§ 169-19 New construction.

All owners of real estate in the Borough of Greencastle who hereafter secure a land use permit for the construction of any building within the Borough shall, within six months after the securing of such permit, construct a concrete curb and sidewalk along the public street on which said real estate abuts, said curb and sidewalk to be constructed at the location designated by the Borough Manager or his/her designee. Said owners of real estate shall include with the building permit application a sidewalk permit application and curb/sidewalk deposit in an amount the Borough Council may from time to time determine by resolution. Upon failure of the owner of the real estate to construct a concrete curb and sidewalk within 60 days following issue of a certificate of occupancy, the Borough, after proper notice in accordance with § 169-18 above, may cause the installation of curb and sidewalk to be done.

[Amended 10-5-2015 by Ord. No. 2015-06]

Unless required sooner by resolution or written policy, currently developed properties that do not have sidewalks or curbs shall install sidewalks and curbs, as required by this article, in conjunction with a capital improvement to the property in excess of $20,000 in value, as determined by the value of the improvement on the building permit, subject however to any other exemptions of this article.

In the event of change in ownership of currently developed properties, the new property owner shall have three years from the date of the closing on the property to install sidewalks and/or curbs, as required by this article, subject however to any other exemptions of this article.

§ 169-20 Permit required.

A permit must first be obtained from the Borough prior to any construction of new sidewalks or curbs and prior to any repairing or relaying of sidewalks or curbs.

§ 169-21 Permit conditions.

A permit shall not be valid until such fees as the Borough Council may establish from time to time by resolution 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 chapter 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.

§ 169-22 Inspections.

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 of the forms can be made for approval.

§ 169-23 Data furnished by Borough.

The Borough shall provide line, grade and specifications for all new construction, repairing and relaying of sidewalks except that the Borough shall not be responsible for establishing line and grade in new developments.

§ 169-24 Conformance with specifications required.

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 from time to time by resolution.

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 from time to time by resolution.

§ 169-24.1 Violations and penalties; appeals.

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 shall constitute a new and separate violation.

An owner may, within 10 days of the Borough mailing notice in accordance with § 169-18, or of receiving a notice of violation as set forth herein, notify the Borough Office, in writing, of an intent to appeal the notice or determination, and such appeal shall be reviewed by the Board of Appeals appointed by the Borough 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. The notice of intent to appeal shall be in such form and contain such information as may be required by the Board of Appeals.

§ 169-24.2 Safety precautions.

During the excavation, construction, repair or relay, curing and backfilling of any curb and/or sidewalk, the owner shall place and maintain, or cause to be placed or maintained, adequate hazard warnings to vehicular and pedestrian traffic by means of barricades, flares, lights or similar means. The owner shall be solely responsible and liable for the adequate placement of such hazard warnings.

§ 169-24.3 Establishment of inspection program.

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 periodically.