[Adopted 9-9-2004 by Ord. No. 14-2004;
amended in its entirety 8-12-2008 by Ord. No. 15-2008]
A.
The grading of sidewalk areas and the constructing
and repairing of sidewalks, curbs and driveway entrances along the
streets and alleys of the Borough of Moosic (hereinafter referred
to in this article as the "Borough") shall be done by the owner or
owners of the lot or lots abutting thereon in accordance with the
lines and grades established by ordinances as shown on the topographical
survey of the Borough or in accordance with details shown in the Appendix
to this article, which Appendix is made a part of this article, copies
thereof being on file with the Borough.
B.
It is hereby declared unlawful for any person, firm,
corporation, trust or other entity to grade any sidewalk area or construct
or repair any sidewalk, curb and/or driveway entrance within the Borough
except in compliance with the provisions of this article and the requirements
for persons with disabilities as required by the Americans with Disabilities
Act of 1990, as amended.
C.
Any person, firm, corporation, trust or other entity
desiring to grade any sidewalk area, which is defined as the area
located between the curbline and the property line as from time to
time shown on the topographical survey of the Borough, or desiring
to construct or repair any sidewalk, curb and/or driveway entrance
shall first obtain a permit therefor from the Borough Zoning Officer,
which permit will be issued only after the following conditions have
been satisfied:
(1)
The filing of a written application with the
Borough Zoning Officer upon such form setting forth the location,
purpose and detailed description of the improvement;
(2)
The approval of said application by the Borough
Zoning Officer;
(3)
The payment of a permit fee as set from time
to time by resolution of the Borough Council; and
(4)
In all cases of new construction of any curb
or of resetting any curb in excess of 10 feet in length, and in the
case of any other type of improvement when requested by the applicant,
the Borough shall furnish the applicant with necessary lines and/or
grades, the cost of which shall be paid for by the Borough; provided,
however, that in the event the applicant does not commence work within
90 days of the date that the Borough provided the necessary lines
and/or grades and additional work is required to reset and/or to resubmit
lines and/or grades, the applicant shall reimburse the Borough for
such work. A permit shall be effective for a period of 90 days from
the date of issuance and may, prior to expiration of the original
or renewal period, be renewed by the Borough Code Office for an additional
period of 90 days upon application and payment of $5 for each additional
90 days by the person, firm or corporation to whom or which the original
permit was issued. Permits shall not be transferable.
D.
The Borough Zoning officer will renew permits.
E.
The Borough may utilize the services of the Borough
Engineer to set lines and/or grades, review applications, inspect
construction, etc., in relation to any permit application regarding
this article where the Borough feels such services are warranted.
The applicant shall reimburse the Borough for all costs associated
with the Borough Engineer's services at the Engineer's ordinary and
customary hourly rates for similar services as provided to Moosic
Borough.
All sidewalk areas shall be graded, and all
sidewalks, curbs, driveway entrances and front or rear retaining walls
shall be constructed, reconstructed or repaired only on the grades
and lines as shown on the topographical survey of the Borough and
furnished by the Borough in accordance with the following provisions:
A.
All sidewalk areas shall conform to curb grades, except
that the area shall have a 1/4 inch ascending pitch per foot measured
from the outside top of the curbline to the property line of the respective
lot or property.
B.
All separate curbs shall be seven inches wide across
the top and eight inches wide at the gutter line, with an eight-inch
reveal, except as directed by the Borough, and shall extend for that
width to a minimum depth of 18 inches from the top of the finished
curb so long as that depth is sufficient to achieve a compacted, firm,
even subsurface. If 18 inches of depth is insufficient to achieve
such compacted, firm, even subsurface, the depth of the curb shall
be increased to such depth as is necessary to achieve such subsurface.
C.
The outside back edge of all sidewalks shall be set
at the property line/street right-of-way line, and a grass plot area
shall separate the curb from the sidewalk; provided, however, that
under certain conditions where the sidewalk area is not sufficient
to allow for the concrete walk and grass plot area, as determined
by the Borough, then the concrete portion of the sidewalk shall be
constructed next to the inside face of the curb. In addition, where
no grass plot exists at the time, and upon the approval of the Borough,
the then-existing sidewalk is to be repaired, replaced or extended
along the same property in the same manner as the existing sidewalk.
D.
When new curbs and/or driveways are to be constructed
along existing paved streets, the street paving shall be neatly saw
cut prior to the excavation for the placement of forms. In the case
of existing curbs and/or driveways to be replaced, the adjacent street
paving shall be neatly saw cut prior to the removal of the existing
curb and/or driveway, and the area to be excavated between the saw-cut
and existing curb shall be of sufficient width for the placement of
forms. On rigid paved streets, only the flexible overlay paving, if
same exists, shall be saw cut as directed by the Borough so as to
prevent peeling of the overlay material. Upon the completion and approval
of the new curb, the street opening shall be restored to the same
condition as existed prior to the permitted work or as directed by
the Borough. No surface gutters are permitted on newly constructed
sidewalks. All drains shall be installed under sidewalk areas and
shall be constructed of three-inch cast-iron pipe or PVC Schedule
40 plastic pipe, which shall be placed in a four-inch sleeve through
the curb and in such a manner that the top of the sleeve will be three
inches below the top of the curb with scored joints placed vertically
to the center line of the sleeve; provided, however, that whenever
the installation of such pipe may, in the opinion of the Borough,
have an effect upon the sidewalk and/or curb in the immediate area
of the proposed installation, which would cause deterioration, then,
upon appropriate application by the property owner, other materials
approved by the Borough may be installed, and such installation shall
be in accordance with the terms of such approval. All sidewalks shall
not be less than five inches in thickness, with a six-inch-thick AASHTO
No. 57 or PA DOT No. 2, No. 2A stone base, and the surface shall have
a one-fourth-inch pitch per linear foot ascending from the outside
top face of the curb. Sidewalks shall be constructed four feet wide
in sidewalk areas of less than 10 feet in width, as shown on the topographical
survey of the Borough, and sidewalks shall be constructed five feet
wide in sidewalk areas having a width of 10 feet or more, as shown
on the topographical survey of the Borough. Notwithstanding anything
to the contrary contained in this article, all sidewalks shall conform
as to width to the majority type of then-existing sidewalks in the
same block.
E.
Except as hereinafter provided, all driveway entrances for residential uses shall have a minimum curb radius of five feet and a maximum curb radius of 15 feet on each side, shall have the outside edge raised 1 1/2 inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed front of sidewalk edge and shall have a sidewalk surface of the same grade and width prescribed for sidewalks, and all driveway entrances, including slope and sidewalk surface, shall be a minimum six inches with a six-inch-thick AASHTO No. 57 or PA DOT No. 2A stone base unless a greater thickness is deemed necessary by the Borough. No single driveway entrance shall be constructed with a frontage exceeding 12 feet, or 24 feet in the case of servicing a two-or-more-car garage, measured along the property line. In lieu of a driveway entrance having curb radii as part of its construction, a depressed curb driveway entrance may be used as set forth in the PA Code, Title 67, Ch. 441. Driveway widths shall be as noted for curb radii drives. In the case of areas zoned as commercial districts or industrial districts by Chapter 300, Zoning, and the Zoning Map of the Borough, as from time to time in effect, all driveway entrances shall have a minimum curb radius of 15 feet and a maximum curb radius of 35 feet on each side, the exact radius to be subject to the approval of the Borough. Except as hereinafter provided, such driveway entrances shall have the outside edge raised 1 1/2 inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed outside edge and shall have a sidewalk surface of the same grade and width prescribed for sidewalks. In the case of step-down driveway entrances, such driveway entrances shall be constructed eight inches below the top of the curb radius from the curbline to the inside sidewalk edge, except as otherwise provided herein. The width of any single driveway entrance in such zoned areas shall not exceed 20 feet for one-way traffic and 35 feet for two-way traffic in width, measured along the property line, the exact widths to be subject to the approval of the Borough. Bituminous concrete material and/or any other approved material placed upon driveway entrances shall in no way impede the flow of stormwater runoff in the cartway area of the streets.
F.
All sidewalks, curbs, retaining walls and driveway
entrances shall meet material specifications and testing standards
and requirements and in accordance with the currently enacted Commonwealth
of Pennsylvania Department of Transportation (PennDOT) Publication
408 specifications for sidewalks, curbs and driveway entrances except
as required by this article. Any required testing shall be paid for
by the owner of the property. All forms shall be inspected and approved
by the Borough prior to the placement of concrete. Notwithstanding
the aforesaid, sidewalks may be laid of materials other than a concrete
finish when the aesthetics or other conditions in the immediate area
would warrant the use of such other material as determined by the
Borough. The top surfaces of sidewalks, curbs and driveway entrances,
top surfaces of concrete sidewalks, curbs and driveway entrances shall
receive a wood floated finish or steel trowel and brushed finish,
and the finish tolerance shall be a true plane with 1/4 inch in 10
feet. The exposed vertical surfaces of curbs and driveway entrances
shall be repaired of all honeycombed and defective areas and shall
receive a smooth-rubbed finish with a carborundum, brick or other
abrasive until a uniform color and texture are produced. The finishing
shall be completed before the concrete is 36 hours old. Immediately
after finishing, all concrete shall be cured by using either an approved
impervious light-colored plastic covering placed and maintained in
contact with the concrete surface or an approved impervious light-colored
liquid curing compound sprayed on the concrete surface. The curing
shall be continued for at least five days. The Borough may reject
any concrete sidewalks, curbs, retaining walls and driveway entrances
which do not conform to the requirements of this article.
G.
Expansion joints made with a minimum of one-fourth-inch
thick preformed, nonextruding and resilient bituminous joint filler
shall be placed every 20 feet to the full depth of curb and sidewalk
and where the sidewalk meets the outside face of a wall and/or curbing.
All curbs shall be scored every 10 feet. All curbs and sidewalks shall
be scored every 10 feet. All scoring shall be 1/8 inch wide to a depth
of 25% of the slab thickness or exposed curb height a minimum of every
five feet for five-foot-wide sidewalks and at a minimum of every four
feet for four-foot-wide sidewalks. Expansion joints shall be provided
around all utilities, forming a separate block measuring a minimum
of two feet or as directed by the Borough. Six-by-six/10 by 10 welded
wire mesh shall be required in all sidewalks and concrete drive entrances
but may be omitted in the forenoted utility block. Whenever a finish
material other than concrete is approved by the Borough, it shall
be laid on a concrete base, as hereinabove specified for concrete
sidewalks, which concrete base, together with the approved alternative
finish material, shall bring the sidewalk to the proper topographical
grade.
H.
All individual services for public utilities (excluding
gas services) shall be raised and/or lowered to the required elevation
by the person, firm or corporation installing the curb, sidewalk and/or
driveway of the abutting lot or property in coordination with and
as approved by the appropriate utility owner. In the case of gas services,
such work shall be done as directed by the appropriate utility. In
the case of Borough utilities, such work shall be done in accordance
with applicable Borough ordinances and regulations and shall be inspected
by the Borough.
I.
All traffic signs removed during construction of concrete
curbs, sidewalks and/or driveway entrances shall be replaced by the
person, firm or corporation or other entity performing the installation,
unless directed otherwise by the Borough.
J.
Present brick sidewalks requiring the replacement
of more than 20% of the total area shall be entirely replaced by a
concrete pavement or sidewalk or as otherwise permitted by this article.
In the case of concrete sidewalks or curbs, in the event that any
concrete block thereof requires the replacement of more than 25% of
the total area of said concrete block, then said concrete block in
need of repair shall be replaced in its entirety; provided, however,
that where a portion of such a concrete block is removed for installation
or repairs to utilities, then said block shall be replaced in its
entirety, regardless of the size in area of the removed portion.
K.
Curbs and sidewalks shall be constructed along the
front of each lot within the Borough on which a new building or structure,
other than a private garage, is constructed where said lot adjoins
a public street, road or highway. In the case of a corner lot, curbing
and sidewalks shall be constructed along the front of the lot and
the side of the lot adjacent to the public street, road or highway,
as provided for in this article. Such curb and sidewalk shall be constructed
within 60 days after such new building or structure is completed and
ready for occupancy.
A.
Any person, firm, corporation, trust or other entity
who or which constructs and/or causes to be constructed and/or replaces
any curb, sidewalk and/or driveway entrance shall comply with the
necessary requirements so as to provide access and passage for persons
with disabilities.
B.
All curbs and sidewalks hereafter constructed and/or
replaced at street intersections or legal crosswalks provided for
pedestrian travel shall be constructed so as to provide depressed
curb and sidewalk ramps.
C.
All step-down driveway entrances shall be constructed
or replaced with ramps so as to provide access and passage for persons
with disabilities.
E.
In the event that any situation arises which is not
provided for in the Land Development and Subdivision Ordinance, then
the facilities shall be constructed so as to comply with the Borough's
Building Code, Building Construction, the Uniform Federal Accessibility
Standards (49FR31528), or latest revision thereof, the Americans with
Disabilities Act Accessibility Guidelines and any applicable laws
of the Commonwealth of Pennsylvania and the federal government or
agencies as from time to time shall be in effect. The most stringent
of any such requirements shall apply.
A.
Every owner of property shall, on notice from the
Borough Code Office within the time period noted in such notice, cause
the construction or reconstruction of curbs, sidewalks and/or driveway
ramps which shall conform to all applicable requirements of this article
in the front of and/or alongside of such property.
B.
Repair required. Every owner of property shall, on
notice from the Borough Code Office within the time period noted in
such notice, repair the curb, sidewalk and/or driveway ramp in the
manner stipulated in such notice in front of and/or alongside of such
property.
C.
Deterioration. Deterioration shall include cracking,
scaling, spalling, vehicular, fire damage and/or surface disintegration.
Surface disintegration is a deterioration of the concrete resulting
in an irregular surface with depressions greater than 1/2 inch in
depth.
D.
Repairs allowed. Minor cracks, holes or deteriorated
sections of curb, sidewalk and/or driveway ramps may be repaired with
concrete sealant materials installed in strict accordance with the
manufacturer's specifications when less than 25% of an individual
section of curb, sidewalk or driveway ramp has deteriorated.
E.
Reconstruction or repair required. When one or more
of the following conditions exist, the section of curb, sidewalk or
driveway shall be reconstructed or repaired where applicable and as
determined and approved by the Borough Code Enforcement Officer in
accordance with the provisions of this article:
(1)
More than 25% of the walking surface of a section
of curb, sidewalk or driveway ramp is deteriorated.
(2)
More than 25% of a section of curb, sidewalk or driveway
ramp is deteriorated.
(3)
A section of sidewalk or driveway ramp is out of vertical
alignment with an adjacent section by 1/2 inch or more.
(4)
A curb is out of vertical alignment with an adjacent
section of the curb and/or sidewalk by two inches or more, except
at an intersection, where maximum misalignment shall be 1/2 inch.
(5)
A curb is out of horizontal alignment where abutting
the adjacent curb section by one inch or more.
(6)
Repair criteria: 1/2 inch to one inch, two to one
fillet to be placed; more than one inch, four to one fillet to be
placed.
(7)
A section of a curb, sidewalk and/or driveway ramp
having a crack width of 1/2 inch at any one point greater than one
foot in length.
(8)
A sidewalk with a reverse grade or which is settled
so as to cause the ponding of water and/or formation of ice.
(9)
A curb, sidewalk and/or driveway ramp which is more
than two inches out of horizontal and/or vertical alignment from the
required topographical alignment or grade. In any block where more
than 50% of the curbs, sidewalks and/or driveway ramps deviate from
the topographical horizontal and/or vertical alignment, any curb,
sidewalk and/or driveway ramp requiring reconstruction shall conform
to the alignment of the majority of such curbs, sidewalks and/or driveway
ramps.
F.
Deteriorated sidewalks which constitute a hazard to
pedestrian travel shall be secured from pedestrian travel upon notice
and shall be repaired within 10 days from receipt of such notice.
Every owner of property in the Borough of Moosic
shall, on 20 days' notice from the Borough Council, repair the sidewalk
in the manner stipulated in such notice in front of or alongside such
property.
All sidewalks shall be constructed, reconstructed
or repaired according to the following specifications:
A.
Sidewalk construction and reconstruction.
(1)
Sidewalks shall be constructed of Class A concrete
(3,300 pail) and be eight inches thick (six inches thick at drives),
with an eight-inch-thick AASHTO No. 57 or PA DOT No. 2A stone base.
(2)
Sidewalks shall be located within the road right-of-way
with the back edge of the sidewalk along the right-of-way line, wherever
possible.
(3)
Transverse dummy joints shall be constructed at five-foot
intervals, 1/8 inch wide and to a depth of 25% of the slab thickness
and 1/2 inch premolded expansion joint material shall be placed every
25 feet or at the beginning of every new pour.
(4)
Sidewalks shall be sloped at 1/4 inch per foot towards
the street and provided with a light broom finish.
B.
Sidewalk repair.
(1)
Provided where the existing sidewalk is of cement
concrete construction and, in the opinion of the Borough Engineer,
an entire slab of concrete does not have to be replaced, such sidewalk
can be repaired, but only with an approved concrete repair material.
(2)
Provided where the existing sidewalk is of brick or
bituminous asphalt construction and at least 2/3 of such sidewalk
is in good repair, such sidewalk may be repaired with brick or bituminous
asphalt, but only upon the approval of the Borough.
All sidewalks shall be at least five feet wide.
Sidewalks that connect to existing walks of greater width than five
feet shall be constructed to the greater width unless directed otherwise
by the Borough.
All sidewalks shall be constructed, reconstructed and repaired and the grading thereon done upon the line and grade obtained by the property owner from the Borough Engineer and not otherwise. Upon notice, as provided in §§ 264-23 and 264-24 of this article, as the case may be, such work of construction, reconstruction or repair shall be done by the owner or owners of such property or their designated contractors.
It shall be the duty and responsibility of the
Borough Engineer, upon the request of the Borough, to determine, in
the case of any individual property, whether or not the sidewalk shall
be reconstructed or repaired and, if so, the specific part or parts
thereof to be reconstructed or repaired. The Engineer may, at any
time during the course of construction, reconstruction or repair of
any sidewalk, visit the site of such work to ascertain whether such
work is being done according to requirements and he or one of his
assistants shall visit any such site for such purpose whenever requested
by the Borough. Within two days after the completion of the work of
construction, reconstruction or repair of any such sidewalk, it shall
be the duty of the owner of the property where such work was done
to notify the Borough of that fact so that the Borough may request
the Borough Engineer to inspect such sidewalks and determine whether
the grade thereof has been observed and followed.
Any property owner, upon his own initiative and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk in front of or alongside his property, provided that such owner shall first make application to the Borough and shall conform to the requirements of this article as to the line and grade and as to materials used and he shall also notify the Borough as required by § 264-29 of this article within two days after completion of the work.
Any person who violates or permits a violation
of this article upon being convicted before a District Justice, shall
pay a fine not exceeding $600, and any costs incurred by the Borough
of Moosic, and, in default of payment of the fine and costs, shall
be subject to imprisonment in the Borough jail for a period not exceeding
30 days. Each day of the violation shall be considered a separate
violation and offense.
