[Adopted 8-3-1966 by Ord. No. 588 (Ch. XXI, Part 2A of the 1970 Code); amended in its entirety 4-15-2009 by Ord. No. 1086]
Whenever used in this article unless a different meaning appears in the context:
PROPERTY OWNER
Any natural individual or individuals, firm or firms, company or companies, or corporation or corporations owning real estate in the Borough of Waynesboro, Pennsylvania.
THE HEAD OF BOROUGH ENGINEERING SERVICES
Is the head of Borough Engineering Services of the Borough of Waynesboro and/or his authorized representative, the Borough Chief Draftsman/Inspector.
A. 
Property owners shall be responsible for installing concrete, brick, brick paver sidewalks, curbs, driveway entrances and handicap curb ramps; and thereafter for maintaining sidewalks, curbs, driveway entrances and handicap curb ramps in good repair, safe condition and shall not permit hazards to either pedestrians or vehicular traffic to exist in compliance with the provisions of this article and the determination by the head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector as more fully set forth herein.
B. 
All construction of any nature and kind, including but not limited to concrete construction and/or grading and/or stoning and/or the placement of brick and/or brick pavers, with any material within the public sidewalk area shall be by a licensed and insured contractor only. Sidewalk licenses may be obtained from the Borough of Waynesboro Engineering Department upon completion of the application with an original copy of the contractor's certificate of liability insurance and payment of a fee of $25. A separate sidewalk license shall be required for each individual construction project within the public sidewalk area. Two or more construction locations on the same tract of real estate shall be construed as one project and shall require only one sidewalk license.
C. 
All contractors shall first register in the office of the Engineering Department as a curb and sidewalk contractor, which registration shall continue until revoked, by the Waynesboro Borough Council on recommendation by the head of Borough Engineering Services, for reasons based on the following:
(1) 
Unsatisfactory work or practices in such construction with or without the assistance of their own employees or helpers.
(2) 
Constructing a sidewalk, curb, driveway and/or handicap curb ramp in the public right-of-way without said sidewalk license and/or contractor's certificate of liability insurance.
(3) 
Constructing a sidewalk, curb, driveway entrance and/or handicap curb ramp in the public right-of-way without proper inspection by the head of Borough Engineering Services or the Chief Draftsman/Inspector.
(4) 
No fee shall be charged for such registration.
D. 
The head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector shall inspect the sidewalks, curbs and/or driveway entrances to determine repair and/or replacement based on the following provisions:
(1) 
When there is a hole one or more inches in depth and four or more square inches in the area of the surface and/or contains an abrupt elevation change at a crack, joint or broken area where the differential is one or more inches between the sections contiguous thereto.
(2) 
When the surface has deformations greater than 1/2 inch in depth and eight or more square inches in the area of the surface due to spalling, crushed and/or broken concrete or brick exposing stone, gravel and/or sand.
(3) 
When the concrete curb is cracked and/or broken having portions missing at a width of one inch or more in any one section of the curb and/or a vertical or horizontal misalignment of one or more inches.
(4) 
When one or more of the bricks and/or brick pavers are missing in the sidewalk area or such sidewalk meets the criteria above.
A. 
Before any property owner shall install, replace, repair, curb or recurb the sidewalk and/or curb in front of or along his/her property, the line and grade therefor shall be obtained from the head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector together with the specifications set forth by the head of Borough Engineering Services and consistent with this article.
B. 
The Borough Engineering Department shall establish final grade on all projects that may require final grade elevations, which shall be determined by the head of Borough Engineering Services or the Chief Draftsman/Inspector.
C. 
A grade sheet, when required, shall be provided to the property owner and/or the contractor with final grade elevation detailing cuts and/or fills at station intervals of 25 feet.
A. 
Inspection No. 1: Preconstruction meeting prior to any work commencing within the public right-of-way.
B. 
Inspection No. 2: After removal of existing sidewalk, curb, driveway entrance and/or handicap curb ramp before placement of forms and stone.
C. 
Inspection No. 3: After placement of forms to inspect for alignment, grade and rigidity before any concrete is poured.
D. 
Inspection No. 4: After forms have been removed upon completion of construction, the head of Borough Engineering Services and/or the Chief Draftsman/Inspector shall issue the contractor and/or property owner a certificate of compliance.
A. 
All replacement, repairing, curbing and recurbing of sidewalks and curbs shall be in accordance with the Pennsylvania Department of Transportation Publication 408.
B. 
All sidewalks and curbs shall be that of Class "A" concrete having a 3,000 psi or, in some applications, Class "AA" with a 3,500 psi.
C. 
Use of all bituminous asphalt material is strictly prohibited within the public sidewalk area unless used as an expansion in the rear of the sidewalk area.
D. 
Repairing of sidewalks and curbs may only be done with materials approved by the head of Borough Engineering Services for materials other than what is specified within this article.
E. 
All sidewalks shall be no less than five feet wide and no less than four inches thick, with a fall of 1/4 inch per foot from the inside walk line to the curb. There shall be no less than three inches of No. 2 Stone, well tamped or rolled under the sidewalk area. There shall be an expansion joint, a minimum of 1/4 inch thick bituminous or composition material, at a thirty-foot spacing. When abutting to an existing sidewalk, No. 4 reinforcing bars having a length of six inches shall be installed at an eighteen-inch spacing. When abutting to a foundation, porch or other solid structure at the rear of the sidewalk line, there shall be a bituminous asphalt expansion joint installed at the same depth as the sidewalk and a minimum of four inches in width. (See Figure 1.[1])
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
F. 
All concrete curbs shall be 20 inches deep, six inches wide at the top and not less than seven inches wide below the exposed portions of the curb and shall be constructed in uniform sections of 30 feet except where shorter sections are necessary. There shall be no less than two inches of No. stone, well tamped or rolled under the curb area. Expansion joints between curb sections shall be made with a nonextruding 1/4-inch thick bituminous or composition material cut to cross-sections of the curb. When abutting to an existing curb, two No. 4 reinforcing bars having a length of six inches shall be installed at equal spacing. (See Figure 1.[2])
[2]
Editor's Note: Said figure is included as an attachment to this chapter.
G. 
Ready mix concrete shall be mixed for a minimum of one minute for the first cubic yard and 1/2 minute for each additional cubic yard. A slump of two to four inches shall be the maximum allowable. The slump test shall be in accordance with ASTM Specifications C143-52 (Ordinance No. 993).
H. 
All curbs and sidewalks in the Borough of Waynesboro shall be poured monolithically.
I. 
The forms shall be of metal or of two-inch nominal thickness wood. Thinner wood forms may be used on curves or short straight sections. Forms shall be straight, free of warp and of sufficient strength when staked to resist the pressure of the concrete without springing. All form material and forms shall be approved by the head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector before use. (See Figure 1.[3])
[3]
Editor's Note: Said figure is included as an attachment to this chapter.
J. 
The existing asphalt-paving surface in front of the curb construction area shall be saw cut and removed a width of 15 inches to properly place the forms for the curb face. The Borough shall replace the subbase and asphalt paving surface, provided the space between the curb face and the existing paving is not less than 15 inches or greater than 18 inches. Any material required to fill a greater area shall be at the expense of the property owner. (See Figure 1.[4])
[4]
Editor's Note: Said figure is included as an attachment to this chapter.
K. 
The face of the curb shall be battered one inch per foot for the exposed portion. All exposed portions of the curb shall be dressed and the corner of the top and face rounded to a radius of no less than 1/4 inch nor more than 3/4 inch. Curb forms shall be a minimum of 18 inches down the front face of the twenty-inch curb. (See Figure 1.[5])
[5]
Editor's Note: Said figure is included as an attachment to this chapter.
L. 
Finishing and curbing.
(1) 
The concrete shall be struck off to a smooth and even surface. In curb construction, face forms shall be left in place until the concrete has hardened sufficiently for removal without damage. The exposed surfaces shall then be finished smooth with a float and steel trowel. Other forms on curbs and sidewalk construction shall not be removed for at least 24 hours. Edges shall be rounded with an edging tool with no tool mark left on the exposed edges. Care shall be taken, prior to floating, that all bleeding water has evaporated so that excess fines are not worked to the surface. The use of an aluminum or magnesium float is recommended for finishing air-entrained concrete. Final finishing shall be accomplished with a steel trowel. A surface texture shall be given to all exposed surfaces by light stroking with a bristled broom.
(2) 
As soon as possible, without marring, the finished curb and/or sidewalk shall be covered with wet burlap, straw or sand and kept moist for a period of three days or longer, if directed. The use of plain, burlap or fiber-backed white polyethylene sheeting may be allowed to insure that all exposed areas are covered and the cover is held down sufficiently around the area to prevent air from drying the surface. As an alternate, a clear or white liquid membrane-forming curing compound, by an approved manufacturer, may be used.
(3) 
Whenever the temperature of the surrounding air is below 40° F., all concrete placed in the forms shall have a temperature between 70° F. and 80° F. The use of calcium chloride as an additive is permitted, provided the content is not more than 1%.
M. 
All materials, workmanship and methods of construction shall be subject to the approval of the head of Borough Engineering.
N. 
The specifications hereinabove set forth shall be considered minimum specifications in accordance with the provisions of this article. All curbs and sidewalks abutting a state maintained highway shall comply with the specifications for curbs and sidewalks as established in Publication 408 by the Pennsylvania Department of Transportation.[6]
[6]
Editor's Note: Original Section 6, Construction Materials and specifications for brick Sidewalks in all Districts, except the Downtown Business District (DBD), which immediately followed this Subsection was repealed 11-6-2013 by Ord. No. 1127.
[Amended 11-6-2013 by Ord. No. 1127]
A. 
All brick paver sidewalks and/or driveways shall be no less than five feet wide with the subgrade well-tamped or rolled to a 95% compaction rating. There shall be no less than four inches of a crushed gravel base using a three-quarter-inch ASTM D-2940 stone well-tamped or rolled to a 95% compaction rating over the subgrade. A geotextile fabric is then applied over the stone area to strengthen the system by keeping the layers separated and reinforcing the base slightly. Apply a maximum depth of one-and-one-half-inch sand bedding course ASTM-33 compacted over the geotextile. Install the eight inches by four inches by 2 1/4 inches Pine Hall brick pavers, (English Edge Red No. 552478, Color No. 7004), with a fall of 1/4 inch per foot from the inside of the walk line to the curb. The joints shall have no less then 1/16 of an inch and no more than 3/16 of an inch spacing between pavers, then the joints shall be filled with a HP polymeric joint sand ASTM C-144. (See Figure 3.[1])
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
B. 
The specifications hereinabove set forth shall be considered minimum specifications and the installation of the brick pavers shall comply with the manufacturer's specifications.
C. 
All concrete curbs shall be that of Class "A," (3,000 psi) or in some applications Class "AA," (3,500 psi). Standard curbs shall be installed in accordance with the provisions of this article unless the mountable curbing is specifically authorized for use by action of the Borough Council of Waynesboro.
D. 
Driveway entrances shall have a brick surface and shall be installed in accordance with the provisions of this article.
A. 
It shall be the duty of the property owner or owners of any lot or lots within the Borough limits of the Borough of Waynesboro, Pennsylvania, to keep a walkway of not less than 2/3 of the existing sidewalk width, free and clear of snow, sleet, ice, mud and other substances to permit reasonable and safe pedestrian traffic (Ordinance No. 895, December 19, 1984).
B. 
The use of any ice melt product to the sidewalk area that contains rock salt, calcium chloride or any corrosive chemical that may cause damage to the sidewalk is prohibited.
C. 
The use of any hand or mechanical tools to remove snow, sleet, ice, mud and other substances that may cause damage to the sidewalk area is prohibited.
D. 
It shall be the responsibility of the property owner or owners to maintain the sidewalk area to be free of all weeds, grass, dirt, grime, trash and/or rubbish at all times.
E. 
Any damage that may occur to the sidewalk area due to negligence by the property owner, tenant or his/her representative shall be repaired and/or replaced at the property owner's expense.
A. 
Rough grading will be done by the Borough if the cut or fill is greater than two feet above or below the top of the curb elevation and the rough grading for sidewalks shall be done by the Borough in the ordained sidewalk reservation. Rough grading will be done by machinery to within one foot above or below the top of the curb elevation. Grading, if in the cut, will terminate in a vertical plane at the rear of the sidewalk and it shall be the responsibility of the property owner and at his/her expense to construct terrace slopes or provide support such as a retaining wall. If grading is in fill, the Borough will provide compacted fill to the back of the sidewalk and the slope from that point shall be the natural repose of the soil.
B. 
Any driveways disturbed by the Borough, during the process of rough grading, will not be relocated or regraded in the back of the sidewalk reservation.
A. 
All water conductors crossing any sidewalk shall be constructed below the established grade of such sidewalk in the manner following:
(1) 
By installing a water conductor not less than three inches in diameter and having at least a two-and-one-half-inch concrete covering reinforced with six inches by six inches No. 6 wire mesh. (See Figure 5.)[1]
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
(2) 
By installing a trench four inches in depth with a minimum width of six inches and having at least three inches of concrete under the bottom of the gutter. The cover shall be the entire width of the sidewalk with the top of said cover level or flush with the sidewalk and constructed of cast iron with a nonskid finish and shall be inserted in an angle frame, which is fastened into the concrete with tie-anchor lugs. The frame and cover shall be of cast iron and shall be coated with a coal tar pitch varnish. Frames and covers shall be of a type approved by the head of Borough Engineering Services. (See Figure 5.)
B. 
All curb boxes in a sidewalk shall be flat and set 1/2 inch below the finished grade of the sidewalk with the concrete area around the curb boxes cupped out for a smooth transition.
C. 
All inserts in a sidewalk shall be flat and flush with the grade of the sidewalk grade.
D. 
All basement well doors or covers on sidewalk openings shall be made of steel and have a nonskid finish. All doors and covers shall be set flush with the sidewalk grade and supported so that there is no flexing of the door and/or cover when crossed by pedestrians. All doors and covers shall be securely locked at all times when not in use.
E. 
No overhead water conductors or downspouts shall be constructed.
F. 
No drains or downspouts shall be permitted to discharge directly onto the surface of any public sidewalk area.
A. 
All tree stumps in the sidewalk and curb areas are declared to be a nuisance and shall be removed by the property owner.
B. 
Tree trunks and/or roots protruding into the sidewalk area and/or beyond the curb into the street area is declared to be a nuisance and shall be removed by the property owner.
C. 
All trees, shrubs, hedges and other growing vegetation overhanging the sidewalk area shall be trimmed to a height of not less than eight feet to avoid interference with pedestrian traffic.
A. 
If a property owner fails to maintain his/her sidewalks and curbs in a safe and usable condition, the head of Borough Engineering Services shall cause a notice to be served upon the property owner to replace, repair, curb or recurb his/her sidewalk and/or curb within 60 days after the notice is served upon the property owner.
B. 
All such notices shall be served upon the property owner to which the notice refers and service shall be by certified mail with a return receipt requested. In the event the notice is returned for failure of delivery or acceptance, the head of Borough Engineering Services or the Borough Chief Draftsman/Inspector shall serve said notice upon the property owner personally by delivering the same to him/her or by delivery to an adult resident at his/her home, if such owner is a resident of the Borough of Waynesboro. 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.
C. 
If a property owner shall neglect to replace, repair, curb and/or recurb his/her sidewalk after notice has been given in accordance with this article within the time specified herein, the head of Borough Engineering Services will, on behalf of the Borough of Waynesboro, promptly notify the Borough's concrete contractor, whom was awarded the contract bid for random curb and sidewalk work within the Borough for that year; all at the cost of the property owner and the Borough of Waynesboro shall collect the cost thereof and 10% additional together with all charges and expenses from such property owner and may file a municipal claim therefor or collect the same by action in assumpsit.
D. 
Any property owner receiving a notice as aforesaid shall notify the head of Borough Engineering Services of any contract entered into for replacing, repairing, curbing and/or recurbing within the sixty-day period and upon failure to do so shall be responsible for any expense incurred by the Borough of Waynesboro by reason of advertising for bids or the letting of any contract.
A. 
No curb cuts shall be made or driveway or private alley entrances constructed on existing sidewalks in the Borough of Waynesboro, Pennsylvania, without prior written approval of the head of Borough Engineering Services in the manner following:
(1) 
Where a curb cut, driveway or private alley construction has been authorized that crosses a public sidewalk area, such driveway shall not exceed 15 feet in width for a single drive entrance nor 25 feet in width for a double drive entrance to a residence and shall be constructed with a depressed curb. Drive entrances to commercial, public and industrial properties shall not exceed 35 feet in width. All curb cuts for driveways and private alleys shall be at least 5 1/2 inches deep from the top of the curb unless written permission otherwise is given by the head of Borough Engineering Services.
(2) 
Two types of drive and private alley entrances are prescribed as follows:
(a) 
One type designated "abutting sidewalk drive" shall be constructed where the edge of the sidewalk abuts the curb or there exists a grass plot of less than five feet between the curb and sidewalk. Said abutting sidewalk drive shall be so constructed across the sidewalk area and/or grass plot, if any, so that the incline proceeds from the sidewalk grade at the back of the sidewalk on a straight line to the flow line of the gutter in such a manner that the sides of the incline will taper down on a 12 to one slope.
(b) 
The second type of drive entrance designated "grass plot drive" shall be constructed where there exists a grass plot of five or more feet between the back of the curb and the front of the sidewalk lines. A grass plot drive shall be so constructed across the grass plot area so that the incline proceeds from the sidewalk grade at the front of the sidewalk on a straight line to the flow line of the gutter.
B. 
To avoid interference with both pedestrian and vehicular traffic on a cross street, driveways shall be located at least 30 feet from the intersection of all streets, unless specifically authorized by action of the Borough Council of Waynesboro.
C. 
All driveways and private alley entrances from the curb to the rear of the sidewalk reservation shall be constructed of concrete in accordance with the requirements of this article. In the event a sidewalk, curb cut and/or driveway entrance is required, the property owner shall remove any existing bituminous asphalt from the driveway entrance, private alley entrance, curb cut and/or sidewalk area and replace with concrete at the property owner's expense. In the case of a new driveway or private alley being paved with bituminous asphalt, the driveway or alley entrance within the public sidewalk area shall be concrete installed at the property owner's expense.
D. 
Existing bituminous asphalt driveways may be resurfaced with asphalt in the sidewalk area, but if the existing asphalt is removed for any reason from the sidewalk area, it shall be replaced with concrete in accordance with the requirements of this article.
E. 
All driveway entrances shall be that of Class "AA" concrete having a minimum of 3,500 psi.
F. 
All driveway entrances shall be no less than five feet wide and no less than six inches thick, with a fall of 1/4 inch per foot from the inside walk line to the curb. There shall be no less than three inches of No. 2 stone, well-tamped or rolled under the driveway entrance area. When abutting to an existing or new sidewalk, there shall be an expansion joint, a minimum of 1/4 inch thick bituminous or composition material installed, and No. 4 reinforcing bars having a length of six inches shall be installed at an eighteen-inch spacing. (See Figure 4.[1])
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
G. 
The specifications hereinabove set forth shall be considered minimum specifications in accordance with the provisions of this article. All driveway entrances abutting a state-maintained highway shall comply with the specifications for driveways as established in Publication 408 by the Pennsylvania Department of Transportation.
A. 
Where possible, all curbs at intersections of streets shall be laid on a curve having a radius of 15 feet and at intersections of streets and alleys shall be laid on a curve having a radius of 10 feet. The radius of curvature of the inside edge of sidewalks shall be such that the width of the walk will at no place be less than five feet in width unless a narrower width is specifically authorized by the head of Borough Engineering Services and/or the Chief Inspector/Draftsman.
B. 
All curb cut ramps for handicap accessibility shall be required at all intersections and installed in accordance with the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
C. 
At any such intersection where said curb cut ramps for handicap accessibility is required, the Borough of Waynesboro shall pay the sidewalk contractor the costs differential occasioned by construction of the ramps over and above the cost of sidewalk and curb construction should the ramps not be previously constructed.
D. 
All curb cut ramps for handicap accessibility shall be that of Class "AA" concrete having a minimum of 3,500 psi and constructed as shown on the attached detail sheet, Figure 8, 8A, 8B, 9, 9A, 10 and 10A.[1]
[1]
Editor's Note: Said figures are included as an attachment to this chapter.
E. 
The specifications hereinabove set forth shall be considered minimum specifications and in accordance with the provisions of this article. Any curb cut ramps abutting a state-maintained highway shall comply with the specifications as established in Publication 408 by the Pennsylvania Department of Transportation.
If any property owner or other person, partnership or corporation shall commence the replacement, repairing, curbing or recurbing of any sidewalk not in compliance or in compliance with the lines, grades and specifications provided by the head of Borough Engineering Services, said head of Borough Engineering Services and/or Borough Chief Draftsman/Inspector is authorized to issue a stop order directed to the property owner or his/her agents and serve it upon the said owner or his/her agents. Upon receipt of such stop order by the property owner or other persons, partnership, corporation or his/her agents, all replacement, repairing, curbing or recurbing shall immediately cease.
Concrete or brick pavers shall be installed around all trees. The open area around trees shall not exceed a four-foot-by-four-foot square opening, and for circular openings, the area shall not exceed four feet in diameter. The sidewalk area adjacent to all tree openings shall be no less than four feet in width. The open area around the tree shall then be filled with topsoil and then filled to the finished grade of the sidewalk elevation with a minimum of four inches of pine bark mulch.
Installation, replacement and repairing of utility poles and guy anchors in the public sidewalk area shall only be performed by the utility company in accordance with the plans and specifications prepared and supplied by the head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector. (See Figures 7, 7A and 7B.[1])
[1]
Editor's Note: Said figures are included as an attachment to this chapter.
Where a new sidewalk and/or curb has been constructed to a new grade so as to cause a hazardous condition when connected with the old grade on an adjacent property and new sidewalks are presently required on adjacent property, the Borough will at its own expense construct a suitable slope to remove the hazardous condition with concrete or other materials approved by the head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector.
It shall be unlawful for any person, partnership or corporation to violate any provision of this article or to continue or permit the continuance of any replacement, repairing, curbing and/or recurbing in defiance of a stop order duly issued by the head of Borough Engineering Services and/or the Borough Chief Draftsman/Inspector. Any person, partnership or corporation convicted before any Magisterial Judge of the Borough of Waynesboro, Franklin County, Pennsylvania, violating or failing to carry out any of the provisions or requirements of this article shall, in addition to any other penalty, be subject to a fine of not less than $300 and not to exceed $1,000 for each and every offense, and in default thereof to undergo imprisonment in the county jail for a period not exceeding 30 days.
This article shall take effect immediately after its enactment, being April 15, 2009.