[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1995 by Ord. No. 1245 as
Ch. 1020 of the 1995 Code]
A.
No person shall construct, open or dedicate any road,
street, lane or alley, or any drainage facility in connection therewith,
for public use or travel in the Borough without first submitting plans
thereof to the Borough Engineer for approval, such plans to be prepared
in accordance with such rules and regulations as may be prescribed
by ordinance. Such plans shall show the profiles of such roads, streets,
lanes or alleys; the course, structure and capacity of any drainage
facility; the method of drainage of the adjacent and contiguous territory;
and such further details as may be required under such rules and regulations
as may be adopted by the Borough.
B.
If any road, street, lane or alley, or any drainage
facility in connection therewith, is opened, constructed or dedicated
to public use or travel, except in strict accordance with plans approved
by the Engineer as provided in this section, neither Council nor the
Engineer, nor any other public authority, shall place, construct or
operate any sewer drain, water pipe or other facility, or do any work
of any kind in or upon such road, street, lane or alley, and neither
Council nor the Engineer, nor any other public authority, shall have
any responsibility of any kind with respect to any such road, street,
lane, alley or drainage facility, notwithstanding any use of the same
by the public.
C.
No person shall establish, construct, lay, open, pave,
repave or repair any sidewalk adjoining any street in the Borough,
except in strict accordance with the provisions of this section and
with plans approved by the Engineer as provided in this section.
A.
Width of streets. No street within the Borough shall
be less than 50 feet in width, measured between the building or front
lot lines. Nothing herein contained shall be construed to affect streets
which have been dedicated, paved and opened to public use on or before
the effective date of this section.
B.
Width of alleyways. No alleyway or rear driveway parallel
with a main street and in the rear of lots fronting on the same shall
be less than 15 feet in width. No alleyway and/or public driveway
intersecting or connecting with any public street or with any other
alleyway and/or driveway which connects with any public street shall
be less than 15 feet in width.
C.
Width and thickness of sidewalks.[1]
(1)
Residence Districts. A, B, and C Residence Districts
and INS Institutional Districts shall have sidewalks five feet wide
of level concrete blocks at a height commensurate with the crown of
the street to which they are adjoined and at least four inches in
thickness on a base of not less than four inches of approved material
as measured from the curbline. A twelve-inch park strip of grass is
permitted between the sidewalk and curb. If a portion of the sidewalk
is used in conjunction with a curb cut for a driveway entrance, that
portion of the sidewalk and park strip shall be six inches in thickness
applied over a six-inch base of approved materials. The use of macadam
or "black top" is prohibited between the property line and the street.
(2)
Business and Industrial Districts.
(a)
In NC Neighborhood Commercial Districts, corner
lots shall maintain an unobstructed fifteen-foot area of sidewalk
measured from the curbline. Other business areas shall have sidewalks
cemented for the entire area between the curbline and any and all
portions of the building front, sides or rear adjacent to the sidewalk,
where applicable. Nonconforming use business areas shall comply with
the above requirements, where applicable.
D.
Encroachments. No encroachment upon any sidewalk from
bay or bulk windows, porch extensions, basement or cellar excavations,
steps, fences, hedges, railings, gates or other projections of any
kind shall be permitted unless:
(1)
Such encroachments comply with all of the provisions
of this section;
(2)
All steps leading from the sidewalk to the adjoining
building are set back at least nine inches from the inside of the
sidewalk;
(3)
All hedges, fences, railings, gates and/or walls are
set back not less than nine inches from the inside of the sidewalk;
(4)
A step leading from a sidewalk to the building does
not extend beyond any hedge, fence, railing, gate or wall if the same
is constructed between the building line and the sidewalk;
(5)
No hedge, fence, railing, gate or wall exceeds four
feet in height above the level of the sidewalk, and in no case shall
they be of such a height as to obstruct the view of intersecting highways,
streets, lanes or alleys.
E.
Gutter obstructions. No person shall in any manner
obstruct any gutter or lay, construct or maintain a bridge or platform
over or across any gutter, or place or maintain a wooden drain box
therein, at the entrance of driveways.
F.
Grading sidewalks. All sidewalks, where ordered by
Council, shall be graded to the full width, and the pavements, curbs
and gutters shall conform to the established grades, heights, lines
and slopes established by the Borough Engineer from time to time.
A.
In general. Where lot owners are notified by Council
to grade sidewalks and construct, pave, repave or repair sidewalk
pavements, curbs and gutters, the requirements of this article shall
be strictly followed and adhered to.
B.
Permit required. The lot owner shall apply to the Borough Secretary for a permit, which shall have printed thereon the conditions and obligations of § 266-2 and this section.
C.
Noncompliance; equitable remedy. Whenever Council,
by resolution, notifies any owner of property, designated in such
resolution, to construct a sidewalk, curb or gutter or all three,
or to pave, repave or repair the same, and the owner fails to comply
with such notice within a period of 30 days from its service, Council
shall order the work done by a general contractor at the expense of
such owner. When Council or a general contractor is compelled to enter
a lien against a property by reason of the neglect or refusal of the
owner or reputed owner of such property to comply with the provisions
of this article, Council shall add an additional 20% to the cost of
the work as liquidated damages in connection therewith.
Where street improvements are constructed by
the owner at his or her expense, the following general provisions
shall be adhered to:
A.
Street requirements. Improvements constructed by the
owner on streets shall consist of roadway paving, sanitary sewers,
stormwater drainage, concrete sidewalks, concrete or stone curbs and
water and gas mains.
B.
Plans and specifications. Plans and specifications,
showing the street layout and alignment, together with complete construction
plans covering the work called for, shall be submitted to the Borough
Engineer for approval prior to the beginning of any construction work.
The Engineer shall not inspect or approve any street improvement or
stormwater or sanitary sewer construction which is constructed on
a street or a system of streets unless the plans and specifications
have been submitted and approved.
C.
Adherence to specifications. All improvements shall
be made in strict accordance with the approved plans and with the
minimum requirement specifications and provisions contained in this
article.
D.
Inspection. The work under the approved plans and
specifications shall be supervised during construction, at the owner's
expense, by engineers or inspectors designated or approved by the
Borough Engineer.
E.
Record plans. For all highway improvements and storm
and sanitary sewers constructed, where such improvements are put down
by the owner at his or her expense, the owner shall prepare or have
prepared and delivered to the Borough Secretary complete record plans
in accordance with Borough standards and containing the following
information:
(1)
Highway and storm sewer record plans. Highway record
plans shall show the alignment of streets with the location of monuments,
the width between property lines, the width between curblines, the
width of sidewalks, gutter and street paving, street grades, the type
and thickness of pavement and its component parts. Stormwater sewer
record plans shall show the character of excavation, depths, grades,
location and sizes of pipes, stormwater manholes, inlets and inlet
connections.
(2)
Sanitary sewer record plans. Sanitary sewer record
plans shall show the alignment and profile of streets, the depth and
character of excavation, grades and sizes of all pipes, the location
of all "Y" branches and the depth and location of laterals and manholes.
A.
The Borough official in charge of the inspection of
all street improvements is hereby authorized to immediately suspend
the performance of any work when it appears that the same is not being
performed in accordance with the provisions of this article and Borough
specifications.
B.
If any such work has been performed, the material
and workmanship of which is not in accordance with the specifications
provided for in this article, the official so designated is authorized
to condemn such work and to have it removed and replaced by the owner
within five days upon issuing notice to that effect. The official
may at any time order tests of materials or workmanship of any construction
that is being performed; should such tests indicate that such materials
or workmanship are defective, the owner shall, at his or her expense,
including the cost of the tests, remove and replace all such defective
work.
Where the improvements are to be constructed
and supervised by Council and contracts are to be awarded by Council,
the following provisions and requirements shall be adhered to:
A.
Plans and specifications. Construction plans and specifications
shall be prepared by the Borough Engineer and approved by Council.
B.
Proposals. All proposals must be made upon the official
forms and in the manner prescribed by Council. Proposal forms for
construction work shall be furnished to bidders by the Borough when
contracts are to be let by it.
(1)
Each proposal shall be accompanied by a proposal guarantee
payable to the Borough, to insure the execution of the contract by
the bidder. Such proposal guarantee shall be the depositor's check,
certified by the bank of deposit. No other form of proposal shall
be accepted.
(2)
The amount of the proposal guarantee shall be specified
in the proposal.
C.
Agreement. The successful bidder shall be required
to enter into an agreement prepared by the Borough Solicitor.
D.
Unit prices. Unless otherwise stated in the specifications,
unit price bids shall be received for all items required or named
in the specifications.
E.
Bond. The bidder to whom the contract is awarded by
the Borough shall be required to execute a bond covering the satisfactory
performance of the work contracted for, for all materials furnished
and for labor supplied or performed in the prosecution of the work,
in the penal sum of 1/2 of the amount of the contract. The bond shall
be executed by a corporate surety satisfactory to the Borough Solicitor
and Council.
F.
Workmen's compensation. The contractor shall have
and maintain, at all times during the progress of the work, public
liability and workmen's compensation insurance in amounts and with
companies satisfactory to the Highway Committee of Council, and shall,
prior to the commencement of the work, furnish the Borough Secretary
satisfactory proof of the maintenance of such insurance.
All street improvements, whether they are constructed
by the owner at his or her expense or under a contract awarded by
Council, shall be in strict accordance with the minimum requirements
and specifications contained in this article.
All materials of every kind, and the mixing
of ingredients and materials used in the construction work under the
provisions of this article, including cement, sand, fine aggregate,
coarse aggregate, water, bricks, castings, steel reinforcement, premolded
filler for expansion joints, cast iron drain pipe, vitrified clay
pipe, plain cement concrete pipe, reinforced concrete pipe, curbing
stone, concrete curbing materials, excavation work, backfill, concrete,
mortar, cement concrete for sidewalks, curbing, driveways, etc., stone
curbing, manholes, inlets, catch-water basins, vitrified brick gutters,
pipe sewers and drains, vitrified pipe house connections and all other
materials and combinations thereof not specifically mentioned herein,
shall be furnished in accordance with the specifications and requirements
of the State Department of Transportation and the specifications and
requirements determined by the Borough Engineer.
Any matters not covered by the provisions of
this article, with respect to the issuance of permits and the approval
of applications, shall be approved by Council, whose decision with
respect thereto shall be final.
The cost of grading, paving, curbing, guttering
and any other improvement required by this article shall be paid,
assessed and collected in accordance with the Borough Code,[1] which code authorizes boroughs, without petition of property
owners, to grade, pave, curb, gutter and otherwise improve public
streets or parts thereof, to assess a portion of the cost thereof
on the owners of property abutting thereon and to collect the same.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101
et seq.
A pavement, footwalk, gutter, curb, step, fence,
hedge, wall, railing, gate or other projection or encroachment upon
or toward a sidewalk not constructed, paved, repaved or repaired in
conformity with the provisions of this article is hereby declared
to be a nuisance and shall be removed and eliminated and reconstructed
in conformity with the provisions of this article within 30 days after
notice to the owner to do so is served by the Borough. No person shall
fail to comply with such notice within such period of time.
Whoever violates any of the provisions of this
article shall be fined not less than $100 nor more than $1,000 or
imprisoned not more than 10 days in the Borough lockup or not more
than 30 days in the county jail or workhouse, or both such fine and
imprisonment. A separate offense shall be deemed committed each day
during or on which a violation or noncompliance occurs or continues
after the service of notice thereof.
[Adopted 12-7-1995 by Ord. No. 1245 as
Ch. 1024 of the 1995 Code]
A.
No portion of any of the cartways of any of the streets
in the Borough shall be opened, tunneled or excavated by any person
for the purpose of laying pipes, sewers, drains or electric work of
any kind, or for making connections therewith or repairs thereto,
without first obtaining a permit therefor from the Borough Secretary.
B.
No permit shall be issued when the applicant or contractor
named in the application has been delinquent or in default in the
performance of any other work in the Borough of a kind covered by
the provisions of this article and such delinquency has not been satisfactorily
removed or accounted for by the person in default.
C.
No permit granted under this article shall be valid
unless the operation specified therein is begun within 30 days from
the date of its issuance, unless such period is extended by the Highway
Committee.
A.
Before a permit required by § 266-14 is issued and the work begun, a written application on a blank form furnished by the Building Inspector or the Code Enforcement Officer must be completed and filed with the Building Inspector or the Code Enforcement Officer. The application must contain the exact location of the opening, the dimensions of the opening, the purpose for which the street or property is to be opened, tunneled or excavated, the name of the property owner for whom the work is to be done, and a sketch of the opening and its relation to the property. In addition, the application shall contain a statement that the applicant agrees to indemnify and hold harmless the Borough from all liability for damages suffered by the Borough or by any person, or inflicted upon or resulting to the property of the Borough or of any person, as a direct or indirect result of the opening, tunneling or excavation, or the failure to properly guard or refill the same.
B.
The application shall be signed by the owner of the
property for the benefit of which such work is being done. If the
work is to be performed by a public utility or for a public utility,
the application must be signed by an authorized representative of
the utility.
C.
The application shall contain the name, address and
telephone number of the contractor's principal place of business.
If the contractor is a corporation, it must also contain the corporate
headquarters address and the name of the president of the corporation.
It must be signed by the contractor, or, if the contractor is a corporation,
by an authorized representative of the corporation.
B.
In addition to the fees required in Subsection A hereof, there shall be deposited for any openings, trenches or excavations of any street surface, and before the issuance of the permit, a restoration escrow deposit as set forth in § 150-4D(7) of Chapter 150, Fees, of this Code. Such deposit is refundable upon the satisfactory closing of the opening by the contractor as certified by the Building Inspector or Code Enforcement Officer. Public utility companies are exempt from the deposit requirement of this subsection.
C.
In the case of separate connections to twin properties
laid simultaneously in one trench, only one permit fee shall be charged.
Streets may be opened, tunneled or excavated
only in the manner required by the Borough Engineer.
All openings or excavations made or obstructions
created under permits issued pursuant to this article shall have warning
barriers erected around them as required by the police, the Building
Inspector or the Code Enforcement Officer. Such openings or excavations
and obstructions must be properly marked from sunset to sunrise with
flashing amber lights, so placed as to indicate from the roadway in
both directions the exact locations and limits of the work or obstruction.
All work commenced under authority of a permit
issued pursuant to this article shall be prosecuted uninterruptedly
to the completion thereof, and such openings or excavations shall
be immediately refilled by the parties making the same, or by the
holder of the permit, with materials approved by the Borough Engineer
and in a manner approved by the Borough Engineer.
[Amended 8-15-2013 by Ord. No. 1355]
The construction of all work under the provision of this article
shall be in accordance with the specifications, rules and regulations
of the State Department of Transportation, such specifications and
regulations as are established herein and as may be further required
and approved by the Borough Engineer.
A.
All areas of the road which are excavated shall be restored according
to the following restoration requirements:
(1)
Perpendicular excavation. A perpendicular street excavation for installation
of a utility service line to a new or existing residence or business
from a new or existing main utility line.
(a)
Restoration requirements. The excavation area shall be milled
and overlay applied to a width of three feet beyond the trench edge.
If excavation is within three feet of the center line of the road,
full roadway width paving is required.
(2)
Longitudinal excavation. A longitudinal street excavation for installation
of a water main, sewer main or other longitudinally located utilities.
(a)
Restoration requirements. The excavation area shall be milled
and overlay applied to a full lane width. If excavation is within
three feet of the center line of the road, full roadway width paving
is required.
(b)
When there are three or more openings made within 100 linear
feet of pavement, the permittee shall overlay the traffic lanes in
which the openings were made, for the entire length of roadway between
the ends of the furthest openings as determined by either the Director
of Public Works or the Borough Engineer.
(c)
If and to the extent that any person shall open or excavate
any portion of a street in a manner which results in 20 linear feet
or more of such street being excavated on one side of the street only,
then such person shall be required to repave the street the full length
of the excavation from the center line of the street to the curb on
the side of the street on which the excavation occurred; or in a manner
which results in 20 linear feet or more of such street being excavated
and such excavation occurs on both sides of the street, then such
person shall be required to repave the street the full length of the
excavation from curb to curb.
(3)
Miscellaneous surface penetrations. Any single core borings, bore
holes or other small excavations.
(a)
Restoration requirements. Full depth paving restoration is required
for a minimum of two feet beyond the boring or excavation. If the
boring or excavation penetrates below the existing paving, the area
below the paving shall be filled with Type A or B flowable backfill
or an alternate fill material approved by the Borough. Excavation
shall be milled and overlay applied to three feet beyond excavation.
If excavation is within three feet of the center line of the road,
full width paving is required.
(4)
Miscellaneous surface penetrations. Two or more core borings, bore
holes or other small excavations within a one-hundred-foot road segment.
(a)
Restoration requirements: full lane width restoration. If excavation
is within three feet of the center line of the road, full roadway
width paving is required.
B.
The area to be restored shall extend 10 feet beyond the starting
and ending limits of the excavation.
C.
All backfilling, trench restoration, road milling and paving shall
be completed in accordance with the effective Borough road construction
specifications, PennDOT specifications Publication 408, and PennDOT
Publication 213, current editions or their successor publications
adopted by the Pennsylvania Department of Transportation.
D.
All areas excavated shall be swept to remove excess loose material
from the street.
E.
When directed to do so by the Borough, excavations which result in
a disturbed paving area in excess of 1,000 square feet shall require
nuclear density testing by a certified third-party testing laboratory
which is approved by the Borough. The results of the nuclear density
tests shall be submitted to the Borough, which shall confirm that
the density of the paving meets the Borough specifications. In addition,
two core borings shall be provided to the Borough per 1,000 square
feet of disturbed paving area.
F.
Upon completion of the work authorized by the permit, the Borough
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit
and this article. Where any settlement or defect in the work occurs,
or where nuclear density tests were performed, if the tests reveal
a substandard density, the applicant shall rectify any such settlement
or defect within 15 days after written notice from the Borough to
do so. If at any time a settlement or defect shall become a hazard,
the applicant shall rectify such settlement or defect within two hours
after notice from the Borough. If the applicant fails to comply with
the notice authorized by this section, the Borough may complete the
work and shall impose upon the applicant the cost thereof.
G.
The applicant shall provide the Borough with the name and contact
information of an authorized representative, who may be reached 24
hours a day while the work pursuant to the permit is in progress.
Any person who opens or breaks the surface of any street or public property prior to paying the fees required in § 266-16 shall, in addition to the penalty provided in § 266-25, be required to pay such permit fees, plus a processing fee of $50. Such fees shall be recovered by the Borough as debts are now recoverable by law.
Whenever an emergency involving the public health
or safety requires that instant repairs be made and the procurement
of a permit prior to the commencement of work is impractical, it shall
be lawful for the work to be begun without a permit, provided that
the Police Department is notified of the emergency at the time work
is initiated and provided that an application for such permit is filed
and the proper fees paid therefor within 48 hours from the time the
emergency arose, which application shall set forth the nature of the
emergency, and provided, further, that any person beginning such work
under the provisions of this section shall do so subject to the conditions
and obligations imposed by this article upon persons opening or excavating
streets as though a permit had been issued.
No permit fee paid under this article shall
be considered to be in lieu of any annual license fees now required
to be paid or which may at any time be required to be paid by any
ordinance of the Borough.
Any property owner who engages another person
to perform any work subject to the provisions of this article shall
be held responsible for full compliance with such provisions by the
person whom he or she engages.
Whoever violates or fails to comply with any
of the provisions of this article shall be fined not less than $100
nor more than $1,000. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.
