[HISTORY: Adopted by the Borough Council of the Borough of Yeadon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building setback lines — See Ch. 93.
Fees — See Ch. 150.
Nuisances — See Ch. 203.
Property maintenance and housing standards — See Ch. 220.
Sewers — See Ch. 246.
Shade trees — See Ch. 280.
[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.
(b) 
In IND Industrial Districts, the provisions of Article XI of Chapter 300, Zoning, shall apply.
(c) 
In ROS Recreational/Open Space Districts, the provisions of Article XII of Chapter 300, Zoning, shall apply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
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.
D. 
The remedy provided for herein shall be in addition to the penalty provided in § 266-13.
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 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. 
All unpaved streets, now shown on or hereafter placed on the Borough Plan, are to be paved with concrete only.
B. 
All such work is to be done under the supervision of a Borough Highway Department as per specifications furnished by the Borough Engineer.
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.
A. 
An applicant for the permit required by § 266-14 shall pay a permit fee as set forth in § 150-4D(7) of Chapter 150, Fees, of this Code.
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.
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.