[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicted, unless a different meaning clearly appears from the context:
- Any individual, association, partnership, public or private corporation, whether for-profit or not-for-profit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for-profit or not-for-profit.
- RESPONSIBLE PARTY
- For unoccupied or multiple-unit properties, the person or person who is/are the owner(s) of such property. For occupied single-unit properties, all owners and occupants of the property.
- The Township of West Lampeter, Lancaster County, Pennsylvania.
The owner or owners of all lots fronting or abutting upon any public street or alley shall construct, lay, set and maintain in good repair and condition free of hazard, satisfactory to the Township Board of Supervisors or its designee, the respective sidewalks and curbs in front of or alongside their respective lots according to the elevations, grade, width, height and slope which are now or hereafter established by the Township, and of the materials and specifications hereinafter prescribed.
Notification and permits.
Prior to the laying, construction, reconstruction or alteration of either curbs or sidewalks by property owners, a property owner shall apply for a permit from the Township to do so according to the regulations set forth herein, together with the appropriate fee as may be established from time to time by resolution. The Township shall issue the permit if the application conforms to the ordinances of the Township. No person, whether a property owner or a contractor, shall lay, construct, reconstruct or alter either curbs or sidewalks prior to obtaining a permit.
The property owner and his contractor are responsible for notification of all utilities using the Pennsylvania One-Call System and other means as necessary prior to the start of work.
Location, line and grade. Location, line and grade will be given by the Township where applicable upon request. Curbs and sidewalks shall be constructed in accordance with approved development and/or Township plans and specifications and to lines and grades established by the Township. No curb or sidewalk grade shall adversely impact upon any building foundation.
Safety. The contractor shall leave the work area clean and neat at the end of each day. The contractor shall place suitable barricades around the work area in such a manner as to protect both pedestrians and vehicular traffic. Such barricades shall be properly lighted during night hours. The contractor shall maintain the work zone in compliance with Pennsylvania Department of Transportation Work Zone Traffic Control requirements.
Obstructions. Where existing structures such as light standards, utility poles and fire hydrants are within the limits of curb or sidewalk construction, an asphalt-impregnated fiber expansion joint, not less than 1/2 inch in width, shall be placed completely around said obstruction for the full depth of the concrete and brick. Expansion joint material shall be placed to form a square 12 inches from each side of the obstruction. No obstruction other than those listed above shall be permitted to be placed within a sidewalk. No structure shall be constructed within the limits of the curb. When obstructions including, but not limited to, railroad ties, concrete gutter and brick crosswalks are encountered during excavation, such obstructions shall be completely removed by the contractor and the excavated area backfilled in compliance with § 235-18E of this article. Tree stumps and roots shall be completely removed by the contractor in compliance with Subsection H of this section.
Downspouts and rain gutters. Downspouts may be placed within the sidewalk and curb along Township roads in SCH-40 polyvinyl chloride (PVC) pipe or other such material approved by the Township. A one-inch reveal shall be maintained between the paved street surface and the bottom of the downspout pipe. A construction joint shall be placed over the pipe. If insufficient grade and/or cover exists for placement of downspouts within the sidewalk and curb, rain gutters within the sidewalks and curb are permitted. Gutters shall be formed within the concrete of the sidewalk and curb and be not less than 3 1/2 inches nor exceed five inches in width and not be more than 3/4 inch deep.
Street signs. The property owners contractor is responsible for knowing and marking the location of existing street signs before construction begins. Where existing street signs are within the limits of sidewalk construction a four-inch thinwall polyvinyl chloride (PVC) pipe sleeve shall be installed by the property owner's contractor. This pipe sleeve shall extend the entire depth of the concrete. In addition, the sleeve shall be installed so that the edge of the sign being installed will be even with the sidewalk side (back) of the curb. The contractor shall contact the Township in the event of questions about the installation of sign sleeves. In the event that a stop sign or other traffic control sign is involved, temporary provisions shall be made to keep such sign erect and visible to motorists. No sign sleeves shall be installed within the limits of the curb. This installation shall not interfere with compliance with United States Americans with Disabilities Act (P.L. 101-336) or regulations adopted pursuant thereto for clear area.
Handicapped ramps. One ramp shall be provided at each corner. Curb ramps shall have a minimum width of four feet at the street surface unless otherwise approved by the Township. All ramps shall comply with the United States Americans with Disabilities Act and all regulations adopted pursuant thereto.
Monuments. No monuments or property corners shall be covered or disturbed by the construction of a sidewalk or curb.
Tree stumps and roots. When tree stumps and/or roots are encountered in excavation for curbs or sidewalks, they shall be removed by stump grinder and/or excavation. Grindings shall be completely removed. Spaces adjacent to the sidewalk shall be filled with acceptable material placed in six-inch layers and each layer shall be thoroughly compacted before the next layer is placed. The final layer of backfill shall consist of previously stripped or new topsoil placed to meet the final grade. On the street side of the curb, the contractor shall comply with all requirements of § 235-18E of this article.
Where existing sidewalks extend from the building line to the curb or are of a greater width than provided below, any repair or construction shall be completed in accordance with this article, unless waived by the Board of Supervisors.
The entire width of the sidewalk area shall be graded according to the established grade.
All concrete sidewalks shall have a minimum thickness of four inches of concrete except across driveway aprons where the concrete shall have a minimum thickness of six inches and have reinforcing mesh placed within the driveway area.
Excavations for sidewalks shall be made to the required depth and a layer of 2B crushed stone not less than four inches thick shall be placed and thoroughly compacted prior to the laying of the sidewalk.
Where a sidewalk is placed adjacent to the curb, the sidewalk shall be pinned to the curb by drilling in the curb a five-eighths-inch-diameter hole, two inches deep, three inches from top of curb and placing a six-inch-long, one-half-inch-diameter rebar pin, at intervals of five feet on center across the sidewalk area, into the drilled pin hole. There also shall be an expansion joint placed between the curb and sidewalk for the entire length.
Where a grass strip is provided, it shall be planted with grass and shall at all times be kept closely trimmed. Planting of any trees in this grass strip area shall be in accordance with approved tree species as listed and provided at the Township office. Root barrier material shall be installed, in accordance with the manufacturer's specifications, to prevent tree roots from heaving sidewalk and curb. Planting of shrubs or hedges shall be prohibited. Placement of nonplant matter shall be approved by the Township.
Planting of specified tree species shall be permitted within sidewalks without grass strip areas only if provisions are made for an adequate tree opening. This area shall be at least two feet by four feet in dimension. Root barrier material shall be installed, in accordance with the manufacturer's specifications, to prevent tree roots from heaving sidewalk and curb. Clearance to the rear of the tree opening shall comply with the United States Americans With Disabilities Act and all regulations adopted pursuant thereto.
Wherever possible, property owners shall maintain a uniform design for curb and sidewalk replacement within the block. If a grass strip exists between the curb and sidewalk, the grass strip shall be preserved when the sidewalk is replaced, particularly when the majority of sidewalks within a block contain grass strips. If a sidewalk without a grass strip is replaced and a majority of sidewalks within the block have a grass strip, a grass strip shall be provided.
Sidewalks shall have a uniform fall of 1/4 inch to the foot from the back edge of the sidewalk toward the curb. The grass strip between the sidewalk and the curb shall conform to the same slope.
Asphalt impregnated fiber expansion joint material shall be placed no more than every 20 linear feet, at the beginning and end of the radius, and at a change in horizontal alignment of property lines. Utility boxes including, but not limited to, water shutoff, sanitary sewer vent, natural gas shutoff and electric meter shall be within a section of concrete measuring five linear feet between expansion joints. Construction joints shall be placed at a maximum distance of five linear feet. Construction joints may be hand-tooled or saw-cut to a depth of 1/2 inch.
Sidewalks across driveways shall be constructed without any step or break in grade from the abutting sidewalk or, at a minimum, shall conform to the requirements of the United States Americans With Disabilities Act and the regulations adopted pursuant thereto. The sidewalk across the driveway and driveway apron shall be six-inch-thick concrete and on a four-inch-thick layer of 2B crushed stone with reinforcing mesh.
Editor's Note: See 42 U.S.C. § 12101 et seq.
Curbs to be installed shall be constructed of concrete with a seven-inch dressed surface on top, an eight-inch exposed surface or reveal along the street side, which shall likewise be dressed and extend a minimum of 10 inches below the street surface and have an eight-inch base. The exposed surface or reveal on the street side shall include a one-inch batter from the street surface to the top of the curb. Portions of the curb which are replaced between two satisfactory sections shall have the same exposed surface or reveal as the existing curb.
Construction joints shall be placed at a maximum of 15 linear feet. The construction joints may be hand-tooled or saw-cut to a minimum depth of 1 1/2 inches. The construction joint shall traverse the top of the curb and continue down the face of the curb at a minimum of 10 inches on the street side. Expansion joint material may be substituted for construction joints.
Expansion joint material shall be placed in curbs at the end of each workday, at the beginning and end of a radius, at a change in horizontal alignment or property line.
Excavations shall be made to the required depth and the material upon which the curb is to be constructed shall have a layer of 2B crushed stone not less than four inches thick which shall be placed and thoroughly compacted prior to the laying of the curb.
Street excavation for curb installation shall be parallel to the finished curb not less than 12 inches nor more than 24 inches from the face of the curb and shall be saw-cut in a straight line. All material excavated from the street area shall be replaced with Pennsylvania Department of Transportation approved 2A modified stone and compacted to within four inches of the existing road surface.
A depressed curb shall be constructed across every private driveway. The curb shall remain at least 1 1/2 inches above the finished street surface.
Property owners may install brick paving in place of concrete sidewalk as provided in this subsection.
Construction of brick sidewalks shall consist of a three-inch layer of crushed 1B or 2A stone (compacted), three-and-one-half-inch layer of concrete base, a one-inch mortar pad and a layer of brick. Mortar-filled joints shall be used following the brick layer.
Where the brick paving abuts a curb, expansion joints should be provided and installed in accordance with Subsection A(11) herein.
Replacement of a portion or all of an existing sidewalk shall be done using the construction methods and material specifications contained throughout this article.
Handicap ramps which are adjacent to or an extension of brick sidewalk shall be constructed of concrete as required by this article.
A design that combines both brick and concrete shall be approved by the Township Board of Supervisors.
The transition between brick paving and concrete sidewalk shall be smooth with no more than a one-half-inch grade change.
Material specifications. All materials shall conform to Pennsylvania Department of Transportation Publication 408, latest edition. All sidewalks and curbs shall be constructed of 3,750 pound concrete with a 4% to 6% air entrapment ingredient and a maximum slump of three inches, constructed level on stone backfill with a minimum thickness of four inches. The use of calcium chloride is prohibited from the concrete used for repair or construction, where slip forms are used a maximum slump of 1 1/2 inches shall be permitted. No concrete shall be placed when the air temperature is below 40° Fahrenheit. Curing compound may be applied to retain moisture to allow for the complete hydration of the concrete. No material such as asphalt, macadam or blacktop shall be substituted for these specifications.
Forms. Forms shall be wood or metal, straight, free from warp, and of sufficient strength to resist the pressure of the concrete without springing. If of wood, they shall be two-inch planks, surfaced on the inside and the top. Forms shall be of a depth equal to the depth of the concrete. A front and back form shall be used for curbs except where a good concrete sidewalk, which is not to be removed, abuts the new curb. Forms shall be accurately set to line and grade in such a manner as to prevent settlement or displacement.
Finishing. All forms shall be removed within 24 hours after the concrete has been placed and minor defects shall be filled with mortar composed of one part portland cement and two parts of fine aggregate. The top and face of the curb from the top of 10 inches below or to the top of the street surface, when in place, shall be finished while the concrete is still green by rubbing the surface with a carborundum stone, soft brick, or wood blocks and water until a smooth, even surface is produced. All joints in the curb shall be promptly opened from top to bottom and edges adjacent to the joints shall be sharp and clean cut. Sidewalks shall be finished after pouring before the concrete sets.
Curing. Concrete curbs and sidewalks shall be protected from rainstorms with paper, burlap, canvas, or similar materials. Curing compound may be applied to retain moisture in concrete to allow complete hydration of the cement. Plastic, burlap, straw or other types of moisture barrier shall be used to maintain concrete wet during the drying process for at least seven days after pouring if curing compound is not used. No concrete shall be placed when the temperature is below 40° Fahrenheit. To help prevent spalling and deterioration of concrete surface from winter damage, a concrete hardener may be applied 28 days after concrete is poured.
Backfilling and trench restoration. After the concrete has cured sufficiently, spaces adjacent to the curb and sidewalk shall be refilled with acceptable material in layers of not more than four inches in depth. Each layer shall be thoroughly compacted to the required elevation on the roadway side of all curbs, backfill shall consist of Pennsylvania Department of Transportation approved 2A modified stone placed and compacted in six-inch layers to within four inches of the existing road surface. In the event that this excavated area extends more than two feet from the face of the curb, the contractor shall temporarily fill the area with cold patch asphalt until such time as permanent trench restoration is completed. All roadway restoration shall conform to Township standards.
Expansion joints. Where a sidewalk abuts the curb, a building, wall or other permanent structure, a premolded expansion joint 1/4 inch in thickness shall be placed between the curb and sidewalk for the full length of such permanent structure. The slabs shall be constructed in twenty-foot maximum lengths with premolded expansion material having a minimum thickness of 1/4 inch separating slabs transversely.
Scoring. For sidewalks, scoring shall be done transversely at evenly spaced intervals of not more than five feet. The depth shall be 1/5 the thickness of concrete and in no case less than one-half-inch deep. For curbs, scoring shall be done at no greater than fifteen-foot intervals. The scoring shall be done transversely and, extend continuously down the face of the curb 10 inches. The score shall be 1 1/2 inches deep. Expansion joints may be substituted for scoring.
Concrete color. Coloring of concrete for curbs and/or sidewalks shall be of an earth tone and shall be thoroughly and uniformly mixed throughout the concrete. Colored concrete shall not be mixed or splattered onto noncolored areas. If colored concrete becomes mixed or splattered onto noncolored areas, it shall be cleaned so that no change in color is noticeable.
Stamped decorative patterned concrete. Where sidewalk areas are to be constructed of stamped decorative patterned concrete, it shall be constructed of 4,000 psi concrete with one-half-inch stone, 4% to 6% air entrapment, four inch slump with no additives. Beauty strips using stamped patterned concrete shall be a minimum of 16 inches in width or a maximum of 24 inches in width for sidewalks of eight feet or greater. All stamped decorative patterned concrete shall be of a texture that will not cause a tripping or slipping hazard in dry or wet conditions. Coloring shall conform to Subsection H of this section.
Inspections. After all forms and stone have been set and prior to pouring of any concrete, the property owner or his contractor shall contact the Township office for an inspection, The property owner shall provide the Township with a minimum 24 hours' prior notice to the on-site expected concrete delivery time. The property owner and his contractor shall complete all corrective actions outlined by the inspector and shall notify the Township that the site is ready for a reinspection as above, which reinspection shall be completed prior to the pouring of concrete. Concrete pour tickets verifying the concrete mixture shall be made available to the inspector upon request. A final inspection shall be completed after concrete and/or roadway asphalt has set and cleanup has been completed.
The Township Board of Supervisors may, by resolution or by motion, authorize the construction of curbs and sidewalks other than specified herein upon written request from the property owner.
Prior to street improvements, including bituminous asphalt overlay, the Township shall require, upon 120 days' written notification to the property owner, that curb and/or sidewalk be replaced that does not have a normal life expectancy of more than five years or curb does not have a minimum exposed surface or reveal of 5 1/2 inches. If, in the opinion of the Township Manager or Engineer, milling of the existing street surface can be satisfactorily achieved, the minimum reveal may be reduced to the extent of the proposed milling depth.
Vertical separation of 1/2 inch or greater within the sidewalk or between slabs of sidewalk and/or curb is hereby declared a hazard to public safety and shall be corrected in accordance with the specifications contained herein.
The Township Manager or Engineer shall determine which curbs and sidewalks meet the specifications required above and shall notify the respective owner of necessary action; however, not receiving notice shall not relieve the property owner from maintaining sidewalk and curb on their respective property(ies) in good repair and condition free of hazard.
Whenever the owner or owners of any property in the Township shall fail to comply with any of the requirements in this article, the Township Board of Supervisors may cause notice to be served upon such owner or owners, their agent or tenant, in the manner prescribed by law, setting forth specifically in what respect such owner or owners have failed to comply with any of the above requirements and what work such owner or owners are required to do in order to effect such compliance. In the event of the failure or neglect of any such owner or owners to comply with the terms and conditions of such notice within 20 days from the date of service of such notice in the case of new work, or within 10 days from the date of service thereof in the case of repair work, the Board of Supervisors shall cause such work to be done at the cost of the owner or owners of such property, and the cost thereof and 10% additional, together with all charges and expenses, shall be collected from such owner or owners by the Township, which may file a municipal claim therefor or collect the same by action in assumpsit, as the Board of Supervisors may direct.
Where a nuisance results from the condition of a sidewalk, curb, or gutter to such an extent that, in the judgment of the Township, it constitutes a danger of injury to persons or property, the Township shall have the authority to repair such dangerous condition after 48 hours' notice to make such repairs has been served upon the property owner; provided, however, that the cost of such repairs shall not exceed $500. The cost of such work shall be recoverable through a civil action, or the Township may file a municipal claim. This section is intended to provide an additional remedy for the Township in connection with emergency repairs and shall not limit any other remedy the Township may have under this article or under applicable law.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
The Township's rights and remedies under this article and as otherwise provided by law shall be cumulative, and the pursuit of one shall not be deemed to preclude the subsequent pursuit of any other right or remedy.