[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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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[1]) or regulations adopted pursuant thereto for clear area.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
F.
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.
G.
Monuments. No monuments or property corners shall be
covered or disturbed by the construction of a sidewalk or curb.
H.
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.
A.
Sidewalks.
(1)
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.
(2)
The entire width of the sidewalk area shall be graded
according to the established grade.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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[1] and all regulations adopted pursuant thereto.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(8)
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.
(9)
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.
(10)
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.
(11)
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[2] 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.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
Curbs.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
C.
Brick sidewalks.
(1)
Property owners may install brick paving in place of
concrete sidewalk as provided in this subsection.
(2)
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.
(3)
Where the brick paving abuts a curb, expansion joints should be provided and installed in accordance with Subsection A(11) herein.
(4)
Replacement of a portion or all of an existing sidewalk
shall be done using the construction methods and material specifications contained
throughout this article.
(5)
Handicap ramps which are adjacent to or an extension
of brick sidewalk shall be constructed of concrete as required by this article.
(6)
A design that combines both brick and concrete shall
be approved by the Township Board of Supervisors.
(7)
The transition between brick paving and concrete sidewalk
shall be smooth with no more than a one-half-inch grade change.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
A.
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.
B.
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.
C.
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.
