[Adopted 5-9-1983 by Ord. No. 1983-8 (Ch.
68 of the 1971 Code)]
All sidewalks and curbs on any and all streets,
roads and public places in the Borough of Palmyra shall be constructed,
reconstructed, repaired and kept in repair at the cost and expense
of the owner or owners of the lands in front of which such sidewalks
and curbs are constructed.
[Amended 7-6-2015 by Ord.
No. 2015-7]
A.
Sidewalks. No sidewalk shall be constructed or reconstructed in Palmyra
unless said sidewalk is at least four feet in width and laid so that
one side shall be at least one foot six inches from the property line
and the other side at least four feet from the curbline and shall
be constructed of concrete with a thickness of four inches (six inches
at driveway crossings) and have a compressive strength of 2,000 pounds
per square inch after 28 days. All newly constructed or reconstructed
sidewalks shall meet all requirements for accessibility pursuant to
applicable law.
B.
Concrete curbs. No curb shall be constructed or reconstructed in
Palmyra unless said curb is constructed of concrete that is no less
than 18 inches deep, eight inches at the base and six inches at the
top and have a compressive strength of 2,000 pounds per square inch
after 28 days.
C.
Prior to constructing or reconstructing any sidewalk or curb in Palmyra,
a permit shall be first obtained from the Code Enforcement Official,
and the Code Enforcement Official shall be responsible to determine
compliance with all applicable standards. The permit process shall
include a review by the Borough Tree Officer of any trees within the
right-of-way.
[1]
Editor's Note: Former § 237-37, Repair of existing
nonconforming sidewalks and curbs, was repealed 7-6-2015 by Ord. No.
2015-7.
[Amended 7-6-2015 by Ord.
No. 2015-7]
A.
All sidewalks and curbs shall be maintained in good condition free
of any cracked or loose pieces or any vertical or horizontal separation
that produces an uneven walking surface or tripping hazard. By way
of illustration but not limitation, any sidewalk with a slope exceeding
a one to 12 ratio shall be deemed to be unsafe and in need or repair
or reconstruction.
B.
If the repair or replacement of the sidewalk or curb, in the opinion
of the Tree Officer, is attributable to the root growth of any Borough-owned
tree (the "tree"), the Tree Officer shall report his findings to and
consult with the Shade Tree Advisory Board.
(1)
The Tree Officer shall, after consultation with the Shade Tree Advisory
Board, at his option.
(a)
Attempt to save the tree by having the roots trimmed at Borough
expense (NOTE: This assumes there exists sufficient funding in the
current Borough budget allocated for this purpose.); or
(b)
Attempt to save the tree by permitting the sidewalk or curb
to be rerouted around the roots in a safe manner within the right-of-way,
with a minimum sidewalk width of four feet and a clear distance of
at least 25% of diameter breast height (See definition in Ordinance
No. 2012-3.[1]) of the tree from the edge of the new sidewalk to the
point where the root collar enters the soil (NOTE: This expense would
be the responsibility of the owner(s) of the land in front of which
such sidewalk or curb is located.); or
(c)
Attempt to save the tree by permitting the regrading of the
soil and the sidewalk, but the new sidewalk slope shall not exceed
1:12 ratio, or the current Americans with Disabilities Act handicap
accessibility standards, and the soil height shall not be increased
more than six inches (NOTE: This expense would be the responsibility
of the owner(s) of the land in front of which such sidewalk or curb
is located.); or
(d)
If the repair or replacement of the sidewalk would destabilize
a tree according to the USDA Forestry Guidelines, cause the tree to
be removed at Borough expense.
(2)
Under no circumstances shall the Borough have any responsibility
to pay for the construction, reconstruction or repair of the sidewalk.
C.
If the repair or replacement of the sidewalk or curb, in the opinion
of the Tree Officer, is not attributable to the root growth of any
Borough-owned tree, then the owner(s) of the land(s) in front of said
sidewalk or curb shall be sent a notice by certified mail at such
address as is reflected on the tax rolls of the Borough (the "notice").
The notice shall specify that the owner(s) shall be given 90 days
from the date of the mailing of the notice to complete said reconstruction
or repairs at the owner(s)' sole expense.
(1)
In the event that a homeowner cannot complete the required repairs
in the initial ninety-day time period, up to two thirty-day extensions
may be requested from the Zoning Official in writing. Additional extensions
beyond the first two may be granted at the Zoning Official's discretion
with documentation of extenuating circumstances preventing the repair.
All extension requests must be filed with the Zoning Office a minimum
of five business days prior to the expiration of the initial ninety-day
completion time frame, or any extension thereof.
(2)
In any case, the time limits specified in this section shall not
be imposed on any property owner unless and until the Tree Officer
determines that a Borough tree is not the cause of the sidewalk defect,
or if the cause is a Borough tree, any work required to be done to
render the tree safe is completed.
Any person or persons who shall construct, reconstruct
or repair any curb or sidewalk in said Borough of Palmyra except in
accordance with the above specifications or who shall fail to reconstruct
or repair any curb or sidewalk shall be guilty of a violation of this
article and, on conviction thereof by the Municipal Court of the Borough,
shall be liable to pay a penalty of not more than $500, and a penalty
of $25 per day for each day of the continuing violation may be assessed
by the Court.
