[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:
Any natural individual or individuals, firm or firms, company
or companies, or corporation or corporations owning real estate in
the Borough of Waynesboro, Pennsylvania.
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:
(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.
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.
