[Adopted 6-8-1976 by Ord. No. 1016]
This article shall be known and may be cited as the "Monroeville Sidewalk Ordinance."
This article has been adopted in order to:
A. 
Ensure that all sidewalks within the Municipal corporation limits situated within public rights-of-way fronting and/or abutting all residential, commercial, industrial, public and semipublic properties which are utilized and serve as pedestrian walkways will be adequately maintained and kept in a state of good repair, in order to reduce or otherwise eliminate any condition that would constitute a hazard to or result in possible injury to the pedestrian public.
B. 
Prescribe the general minimum condition or conditions which constitute a hazard in an existing sidewalk which would require remedial action on the part of a property owner to correct.
C. 
Prescribe minimum standards and specifications for the construction of new sidewalks or sections thereof, and for the repair and/or reconstruction of existing sidewalks or sections thereof which may be required to be corrected under this article.
D. 
Prescribe a method for the equitable administration and enforcement of this article, including penalties for the violation thereof.
E. 
Generally promote, protect and facilitate the public health, safety and general welfare and to further promote the sound development of an important community facility.
A. 
Words and phrases in the singular number include the plural and vice versa. Words and phrases used in the present tense include the future. The words "used for" include the meaning "designed for." The word "shall" is mandatory and not optional. The word "abut" shall include the words "directly across from." The word "building" shall include the word "structure."
B. 
Unless otherwise expressly stated, the following words and phrases shall have the meaning given herein:
BUILDING OFFICIAL
The individual who, in addition to other duties, shall have responsibility for administering and enforcing the provision of this article.
ENGINEER
A registered professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Municipality.
GOVERNING BODY
The Council of the Municipality of Monroeville.
HARDSHIP
That there are unique physical circumstances or conditions peculiar to the property and that the unnecessary hardship is due to such conditions; and that because of such physical conditions there is no possibility that sidewalks can be installed on the property in strict conformity with the provisions of this article III, Sidewalk Construction and Maintenance; and that such unnecessary hardship has not been created by the applicant; that the relief granted will not alter the essential character of the neighborhood or district in which the property is located and will represent the minimum relief and least modification of this article III, Sidewalk Construction and Maintenance.
[Added 11-12-2002 by Ord. No. 2235]
LOT, WIDTH
The horizontal distance between side lot lines at the front street property line.
MUNICIPALITY
The Municipality of Monroeville.
PROPERTY OWNER
The person, firm, company, corporation or individuals who are the owners in fee simple of property, whose name(s) appear last in the Recorder of Allegheny County Tax Assessor's office. For the purpose of this article, the "property owner" may also include any individual who is a legal agent of the owner.
SIDEWALK
That portion of the street, road or highway lying within the public right-of-way, primarily constructed for the use of pedestrians.
SIDEWALK INSPECTOR
The Building Official or a duly appointed agent.
SIDEWALK PERMIT
The legal permit issued by the sidewalk inspector upon application by a property owner or his authorized agent to open, repair, replace or extend an existing sidewalk, or any portion thereof, or construct a new sidewalk. No work on any of the above shall commence until such permit has been issued.
SIDEWALK STANDARDS AND SPECIFICATIONS
The standards and specifications for the construction, reconstruction or repair of sidewalks contained in and hereby made a part of this article.[1]
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other public rights-of-way used or intended to be used by vehicular traffic or pedestrians.
VIOLATION, NOTICE OF
The legal notice issued to a property owner by the Building Official informing said property owner of any violation of the provisions of this article or a violation or departure from the sidewalk standards and specifications contained in this article in cases where sidewalk construction or reconstruction has been commenced or completed.
[1]
Editor's Note: The Standards for Construction are included in an attachment to this chapter.
Sidewalks shall be required in all new subdivisions and elsewhere as may be required by site plan, conditional use or other approval granted by the Planning Commission and/or Municipal Council.
Sidewalk standards adopted by this article shall take effect immediately and be applicable in subdivisions previously approved and requiring sidewalks under Chapter 324, Subdivision and Land Development, of the Code of the Municipality of Monroeville, but lacking actual installation of sidewalks. The sidewalk standards shall apply to all streets, boulevards or roadways except the following areas:
A. 
Residential. Where, in the judgment of the Municipal Council, applicable to simple subdivision only, the inclusion of sidewalks would be out of character with the abutting properties and with the proviso that the owner of the simple subdivision would enter into a legal agreement with the Municipality of Monroeville stipulating that when sidewalks are required or put in on abutting property, the owner would agree to install sidewalks to current specifications within six months of notification by the Municipality of Monroeville and provide, within 30 days of notification, a bond, in a form approved by the Municipal Solicitor, sufficient to guarantee the installation of sidewalks.
[Amended 11-12-2002 by Ord. No. 2235]
A. 
Application. Upon submission of sidewalk hardship appeal application and fee to the Department of Community Development, and providing support documentation demonstrating the allegations that strict compliance with these regulations will result in a hardship, the hardship appeal-shall be referred to the Director of Community Development, for an administrative investigative review, determining whether or not a hardship as defined herein has been established by the applicant. The Director of Community Development shall review the hardship appeal, and if necessary, adjoin any Municipal staff, Solicitor or consultants to review the hardship appeal, conveying those additional review costs for time and expenses to the applicant. Hardship shall be judged on a case-by-case basis and will be subject to final plan approval by Municipal Council. However, such variation of the regulations will not have the affect of nullifying the intent and purpose of the spirit of this section. Such hardship appeals must be submitted to the Department of Community Development 30 days prior to Council action on the land development application. Failure to make such appeal due to alleged hardships prior to such Council action shall constitute a waiver of any hardship then existing.
B. 
Findings. Written findings regarding the hardship appeal shall be generated by the Director of Community Development, and forwarded to Monroeville Council for review and action prior to the final approval of the land development application.
C. 
In lieu of action. Should it be determined in the findings of the Director of Community Development that there are unique physical circumstances or conditions peculiar to the property and that the unnecessary hardship is due to such conditions; and that because of such physical conditions sidewalks cannot be constructed, Monroeville Council may approve that a hardship, as defined herein, does exist, and in lieu of the construction of sidewalks, the applicant shall make payment to the Municipality of Monroeville a sum equal to the costs of constructing the sidewalk should the hardship not exist, calculate at an annual bid price for sidewalks, at a per square yard/foot multiplied by the amount of surface area of sidewalk. Said money shall be escrowed and put into a fund known as "The Municipality of Monroeville General Sidewalk Fund" and be used to fund sidewalks in various locations in the Municipality of Monroeville as directed by the Municipality of Monroeville. Said findings and sidewalk fee shall be entered into the record as part of the resolution and conditions of approval for the land development.
D. 
Substitute regulations action. In the event that upon review of the application and supporting documentation, the Director of Community Development finds that a hardship exists but there is a substitute or alternate method or manner complying with the regulations of this section, then Council may approve the adoption of the substitute or alternative method or manner of complying with the regulation contained in this section. Said findings and substitute regulations shall become part of the applicant's land development application and site plan.
E. 
Denial of hardship appeal. Upon review of the findings of the Director of Community Development, the Monroeville Council may determine that a hardship, as defined herein, does not exist, and the applicant will be required to install sidewalks. Said findings and the location of sidewalks shall become part of the applicant's land development application and site plan.
It shall be the responsibility of the owner of the abutting property to keep the sidewalk, together with any portion of his property paved and used as a sidewalk or public walk, immediately in front of his property in good order and repair and, at all times, free and clear of all obstruction to safe and convenient passage. This shall include keeping and maintaining such sidewalks free and clear of all dirt, trash and similar debris, including the reasonable removal of snow and ice, and shall also include keeping and maintaining the sidewalk free of any merchandise, signs or other unauthorized structure or appurtenance when the removal of the same is ordered by the sidewalk inspector.
No person, property owner, firm, corporation or public utility shall open or remove, in part or in whole, any existing sidewalk or portion thereof for any purpose, including the repair and/or reconstruction of such sidewalk, until the property owner or his authorized agent or the public utility company legally authorized makes application and obtains a sidewalk permit from the sidewalk inspector.
Upon being issued a notice of violation, the property owner shall take the necessary steps to correct such violation(s) within a reasonable period of time, but in no case shall any violation remain uncorrected for a period of more than 20 days beyond the date of receipt of such legal notice. Failure to comply shall subject such property owner to any or all penalties contained in this article.
If a property owner fails to comply with the requirements of a notice of violation, the enforcing authority of the Municipality may serve a written notice upon him requiring him to do what is necessary. If such property owner continues to fail to comply with such notice within 20 days from the date of its service, the Municipality may make the necessary repairs, remove any obstruction or eliminate any hazard to pedestrian safety. The cost of the same, together with a penalty of 10%, shall be paid by the delinquent property owner and be collected by an action of assumpsit, or the enforcing authority may file a Municipal lien against the property. The notice provided for in this section may be served on the property owner in person, by leaving the same at his place of residence or, if he has no residence in the Municipality, then by posting the same on the premises and mailing a copy thereof to the owner at his last known address as obtained from the Allegheny County Tax Assessor's office. Notwithstanding the previous provisions and those of § 320-19 of this article, in an emergency situation as determined by the sidewalk inspector and where the property owner cannot be immediately contacted the Municipality may effect such necessary repairs or correct or abate any dangerous condition and collect the costs thereof in the manner described above.
If one or more of the following conditions, as set forth in Subsections A through D, is evidenced in an existing sidewalk or portion thereof, it shall constitute sufficient notice to the property owner that such condition(s) shall be corrected voluntarily by the property owner by making application for a sidewalk permit and performing the necessary work. In lieu of such action, the sidewalk inspector may, in the course of conducting his normal duties or upon complaint, make inspection of such condition and issue a notice of violation to the property owner. Any property owner, agent of said owner or legal tenant of occupied premises may request the sidewalk inspector to authorize an inspection of a faulty sidewalk and make a determination of the need and extent of any required repairs.
A. 
The removal of all or any portion of a sidewalk panel(s) for any reason. Any removal panel or section thereof shall be immediately replaced to restore the sidewalk to a condition for safe pedestrian travel.
B. 
When 50% or more of a sidewalk panel(s) has cracked lines or is spalled, weathered or deteriorated, rendering the section(s) unsafe underfoot. This does not include hairline cracks that have not disturbed the grade and level of the sidewalk.
C. 
When one or more edges of a sidewalk panel(s) has been raised one inch or more along 50% or more of its length above an adjacent panel at grade level, whether such defect has been caused by frost section, root growth, cracking or actual breaking.
D. 
When a sidewalk panel or adjacent panels have sunk below or tilted above or below the general original grade more than one inch out of level of the general grade of the balance of the sidewalk.
When a hazardous condition exists in a sidewalk and/or a sidewalk permit or notice of violation shall have been issued, the property owner and/or his contractor shall provide for the following minimum warning procedures and devices:
A. 
Prior to beginning actual work, if a sidewalk condition exists which presents a particularly hazardous condition, a suitable barrier and/or warning signs shall be placed at the sidewalk section where the danger exists. This may include night lighting (See Subsection C.) if work cannot be commenced immediately.
B. 
During the workday when actual repair or construction work is underway, a suitable pathway shall be maintained around the work area to allow free and clear pedestrian travel. Preferably, such pathway should be provided for around the inside of the work area as opposed to the street side, unless an adequately barricaded pathway is provided.
C. 
At the end of the workday, newly poured concrete shall be adequately covered, suitable barricading shall be erected (portable or semipermanent), the required pathway shall be free and clear of obstructions and suitable warning lighting placed which shall be illuminated between dusk and sunrise of the following day. Suitable lighting shall include, but need not be limited to, two standard red globed kerosene lanterns, battery-operated blinking reflectors and/or electric lighting.
D. 
In cases where construction work is underway adjacent to the proposed sidewalk construction area, the required pathway shall be a suitably constructed semi-open passageway (Saf-way type) that affords safe separation from the adjacent building site along its entire length and overhead. This type of passageway shall be inspected and approved by the sidewalk inspector.
E. 
Prior to the issuance of any permit or the granting of any approvals for any property on which sidewalks are to be constructed, a surety bond or other security which, in the opinion of the Solicitor, is legally adequate must be posted with the Municipal Manager, naming the Municipality of Monroeville as the claimant or beneficiary, in an amount which, in the opinion of the Municipal Engineer, is sufficient to pay for the entire cost of the installation of the sidewalk in the event that the same is not properly completed by the owner, developer or builder.
A. 
Commercial. Sidewalks shall be placed on grade abutting the rear of the curb. If no curbs exist, the owner shall install curb to prevailing specifications prior to installation of the sidewalk.
B. 
All other. Sidewalks shall be placed on grade at a uniform distance from the curb as recommended by the Planning Commission and approved by the Municipal Council. The intent is to have a uniform aesthetically pleasing expanse of sidewalk parallel to the curb.
[Amended 6-9-1987 by Ord. No. 1574]
During the construction period, all excavated concrete pieces, old fill material and/or earth shall be temporarily stored at a point suitably removed from the sidewalk area and any required pedestrian pathway or passageway. This shall also include the similar storing of all construction materials, i.e., wood or metal forms, concrete bags, sand, gravel, etc., including concrete boxes or mixers. In no case shall any of these materials be left at the curbline or in the street gutter overnight. All such materials shall be completely removed at the time of final cleanup.
A. 
This work shall consist of constructing cement concrete sidewalks in accordance with these specifications and within reasonably close conformity to the lines, grades and dimensions shown on the drawings or established by the Engineer.
B. 
Minimum size requirements.
(1) 
Along residential streets. Sidewalks along minor residential streets shall be a minimum of four feet in width, and on residential collector streets the minimum shall be increased to five feet.
(2) 
Along commercial streets. Sidewalks along minor streets shall be a minimum of four feet in width, and on all other higher classification streets the minimum shall be increased to five feet.
Materials shall be as follows: Section 704.1(G)1, Class AA cement concrete, other materials and aggregate.
A. 
Reference to the Pennsylvania Department of Transportation latest edition of Form 408 specifications.
B. 
Preparation of foundation.
(1) 
The foundation for the sidewalk subbase shall be formed at a depth of eight inches below and parallel with the finished surface of the sidewalk, unless otherwise indicated on the drawings or specified. Unsuitable material shall be removed and replaced with approved material, and the foundation shall be thoroughly compacted and finished to a firm, even surface.
C. 
Placing aggregate for bed. The approved aggregate shall be spread on the prepared foundation to form a compacted bed four inches in depth, unless otherwise indicated on the drawings or specified. This material shall be thoroughly compacted. Satisfactory outlets for draining the subbase shall be provided where this type of drainage structure is required.
D. 
Forms. Forms shall be of wood or metal, straight, free from warp and of sufficient strength when staked to resist the pressure of the concrete without springing. If wood, they shall be nominal two-inch planks surfaced on the inside and the top, or if metal, they shall be of approved section. Forms shall have a depth equal to the depth of the concrete and shall be thoroughly cleaned and oiled before concrete is placed against them. Forms that are worn, bent or damaged shall not be used.
E. 
Joints. Sidewalks shall be constructed in separate slabs not more than 30 feet in length, except for closures. These slabs shall be separated by transverse premolded expansion joint filler, 1/2 of an inch in thickness, for the full depth of the concrete. Transverse premolded expansion joint filler shall also be placed adjacent to existing structures where directed. The slabs between expansion joints shall be divided into blocks not more than six feet in length by scoring transversely. Where the slabs are more than six feet in width, they shall be scored longitudinally in the center. Transverse and longitudinal scoring shall extend for a depth of at least 3/8 of an inch into the concrete slab. In the case of large areas of new concrete walks, the transverse and longitudinal scoring shall extend to a depth of at least 1/5 the thickness of the concrete slabs. Premolded expansion joint filler, 1/2 of an inch in thickness for the full depth of the concrete, shall be placed longitudinally where the sidewalk slab is to be constructed in contact with curbs. Where existing light standards, poles, fire hydrants, trees and similar structures are within the limits of the sidewalk area, the concrete around such structure shall be separated in a block eight inches wider than the maximum dimension of the structure at the sidewalk elevation. In the case of trees, two rows of blocks at least four inches wide shall be placed. (See construction sketches for both types of installations.[1]) Prior to placing the concrete around such structures, premolded expansion joint filler, 1/2 of an inch in thickness, shall be placed around the structure for the full depth of the concrete in the sidewalk.
[1]
Editor's Note: The Standards for Construction are included in an attachment to this chapter.
F. 
Placing concrete.
(1) 
The concrete shall be proportioned, mixed and placed in accordance with specifications for Section 704.1(G)1, Class AA concrete. The concrete shall be four inches in depth, unless otherwise indicated on the drawings or specified. In commercial districts, the concrete shall be six inches in depth and include 6/6 x 6/6 reinforcement. The concrete shall be struck off, finished and tested, except that manual operations may be permitted by the Engineer. Unless otherwise directed, an edger having a one-fourth-inch radius shall be used for edging all joints. The concrete shall be cured and protected in accordance with the latest Pennsylvania Department of Transportation Section 501.3(N) specifications.
(2) 
At residential driveways, the concrete shall be six inches, including 6/6 x 10/10 wire mesh reinforcement placed 1 1/2 inches above the base of the concrete. In commercial and industrial district driveways and alleys, the concrete shall be seven inches, including design-required wire mesh and/or reinforcement base.
G. 
Removal of forms. Side forms shall not be removed within 12 hours after the concrete has been placed. After removal of the forms, minor honeycombed areas shall be filled with mortar composed of one part of cement and two parts of fine aggregate. Major honeycombed areas will be considered as defective work and shall be removed and replaced.
H. 
Backfilling. After the concrete has cured for a period of not less than 72 hours, the spaces adjacent to the sidewalk shall be backfilled with approved material, which shall be thoroughly compacted to the required elevation and cross-section.
I. 
Final cleanup. Upon the completion of all work items, removal of forms and final inspection and approval where required, the property owner or contractor shall remove all dirt, trash, debris, unused materials and other appurtenances from the sidewalk and surrounding work area and leave the same in a clean and usable condition.
This article may be amended from time to time, in whole or in part, by action of the Municipal Council. All such amending ordinances shall be prepared by the Municipal Solicitor with the advice of the sidewalk inspector. Notice of such amendment shall be published once each week for two consecutive weeks in one newspaper of general circulation in the Municipality at least 30 days prior to the time of adoption of such amendment by the legislative authority. Such notice shall contain the title of the amending ordinance and convey the meaning of the proposed change(s), either by including both the unchanged and proposed change of those portions of the text that are involved or by including a concise explanation of the amendment.
In the case of any sidewalk hereafter erected, constructed, reconstructed, altered, repaired or maintained in violation of this article or any ordinance or regulation made under authority conferred hereby, the Superintendent of Streets and Highways or the legislative authority or other proper official may, in addition to other remedies contained herein, institute any appropriate action or proceedings to prevent, remove or correct such violation.
[Amended 7-8-1997 by Ord. No. 2042]
Any person, property owner, firm, corporation or public utility who or which shall violate any provision(s) of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each day that a violation is continued from the date of receipt of the notice of violation shall constitute a separate offense. All fines collected for the violation of this article shall be paid over to the general fund of the Municipality.
[Amended 7-8-1997 by Ord. No. 2042]
The fee for a general sidewalk permit shall be as provided in Chapter 194, Fees, payable to the Municipality of Monroeville.
In the interpretation and application of the provisions of this article, they shall be held to be the minimum requirements for the use, maintenance, repair, construction or reconstruction of sidewalks and are not intended to interfere with, abrogate or annul other rules, regulations or ordinances; provided, however, that when this article imposes greater restrictions or requirements regarding sidewalks, the provisions of this article shall prevail.