[Adopted 9-11-1972 by Ord. No. 220]
[Amended 7-9-1973 by Ord. No. 222; 5-12-1975 by Ord. No. 250; 10-10-2011 by Ord. No. 432]
A. 
The grading of sidewalk areas, the constructing and repairing of sidewalks, curbs and driveway entrances along the streets of the Borough of Birdsboro shall be done by the owner or owners of the lot or lots abutting thereon in accordance with the lines and grades established by ordinance as shown on the topographical survey and revisions thereto of the Borough of Birdsboro and in accordance with the provisions of this article and in accordance with details shown on a plan of curb and sidewalk details being Plan No. 7030-18-B-002 which is made a part hereof, and on file with the Borough Manager.
B. 
It is hereby declared unlawful for any person, firm or corporation to grade any sidewalk area, construct or repair any sidewalk, curb, gutter, driveway entrance or front or rear retaining wall within the Borough of Birdsboro, except in compliance with the provisions of this article.
C. 
Any person, firm or corporation desiring to grade any "sidewalk area," which is defined as the area located between the curbline and the building line as shown on the topographical survey and revisions thereto of the Borough of Birdsboro, or desiring to construct or repair any sidewalk, curb, gutter, driveway entrance or front or rear retaining wall, shall first obtain a permit therefor from the Borough Manager, said permit to be issued by the Building Inspector only after the following conditions have been satisfied:
(1) 
The filing of a written application with said Borough Manager upon such form as is approved by the Borough Council by resolution, setting forth the location, purpose and detailed description of the improvement.
(2) 
The approval of said application by the Building Inspector.
(3) 
The payment of a permit fee in an amount as established from time to time by resolution of Borough Council[1] to the Borough Manager at the time of filing application, which fee shall be the total fee regardless of the number of improvements set forth in the application.
[1]
Editor's Note: See Ch. A410, Fee Schedule.
(4) 
In all cases of new construction of any curb or combination curb and gutter (or of resetting any curb or combination curb and gutter in excess of 10 feet in length), and in the case of any other type improvement when requested by the applicant, the Borough Engineer, if he deems it necessary, shall furnish applicant with necessary lines and/or grades, the cost of which shall be paid for by the applicant depositing an amount, to be established from time to time by resolution of Borough Council, with the Building Inspector at the time of filing the application, and any difference in cost above or below the amount of the deposit shall be paid by or returned to the applicant at time of issuance of permit. If an application is made for a permit for a type of improvement for which said deposit is not required, but the Borough Engineer considers it necessary nevertheless to furnish lines and/or grades, he shall furnish such lines and/or grades and the cost thereof shall be paid by the applicant at the time of issuance of permit or renewal thereof. A permit shall be effective for a period of 90 days from date of issuance, and may, prior to expiration of the original or renewal period, be renewed by the Building Inspector for a period of 90 days upon the application and payment in an amount, as established from time to time by resolution of Borough Council, for each 90 days by the person, firm, or corporation to whom the original permit was issued.
(5) 
Notification shall be given to the applicant that all work for which a permit is required shall be inspected throughout the time of construction by the Building Inspector.
(6) 
The applicant for a permit for any improvement covered by this article shall state in writing on the application for permit that he is thoroughly familiar with all terms and provisions of this article.
D. 
All sidewalk areas shall be graded and all sidewalks, curbs, gutters, driveway entrances and front or rear retaining walls shall be constructed, reconstructed or repaired only on the grades and lines as shown on the topographical survey and revisions thereto of the Borough of Birdsboro and furnished by the Borough Engineer, and in accordance with the following provisions:
(1) 
All sidewalk areas shall conform to curb grades except that the area shall have a one-quarter-inch ascending pitch per foot measured from the outside curbline to the building line of the respective lot or property.
(2) 
All separate curbs shall be eight inches wide across the top, shall be nine inches wide seven inches below the top of curb at gutter elevation, and shall extend for a width of nine inches downward to a point 24 inches from the top of the finished curb. All combination curbs and gutters shall be constructed so that the curb shall be eight inches wide across the top, nine inches wide at gutter elevation seven inches below the top of curb and shall extend not less than 15 inches in depth from the top of the finished curb, and the gutter shall be 24 inches wide across the top with a pitch of 1 1/2 inches and eight inches in thickness. In all cases, the depth from the top of the curb to the flow line of the gutter shall be seven inches. Where roll-type curb is installed along any of the streets of the Borough, it shall conform to the dimensions as set forth on the plan which accompanies this article[2] and shall conform to the materials and construction methods as set forth in this article.
(3) 
The outside edge of all sidewalks shall be set back three feet from the inside face of the curb from sidewalk. In addition, where no grass plot presently exists adjacent to existing sidewalk that is to be repaired or replaced, Borough Council, by resolution, may direct that the gross plot area requirement be waived, that the width of the sidewalk area be reduced to such width as Borough Council may deem necessary and appropriate under the particular circumstances. No surface gutters are permitted on newly constructed sidewalks. All subsurface rain water conductors shall be installed under sidewalk area and shall be constructed in accordance with the Plumbing Code of the Borough of Birdsboro, as amended and supplemented. All sidewalks shall be five feet in width except on eight-foot wide reservations or less where the concrete sidewalk shall be four feet four inches in width and not less than four inches in thickness and the surface shall have one-quarter-inch pitch per lineal foot ascending from the outside face of the curb. Notwithstanding anything to the contrary contained in this article, all sidewalks, curbs and gutters shall conform as to size with the majority type of then existing sidewalks, curb and gutters in the same block.
(4) 
All driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of three feet eight inches; have the outside edge raised 1 3/4 inches above the flow line of the gutter; and shall have a straight slope therefrom to the prescribed outside sidewalk edge located three feet from the inside face of the curb, shall have a sidewalk surface of the same grade and width prescribed for sidewalks, and all driveway entrances, slope and sidewalk surface shall be eight inches in thickness. No single driveway entrance for a one-car garage shall be constructed with a frontage exceeding 12 feet measured along the building line. In lieu of driveway entrances using curb radii as part of its construction, a depressed curb drive entrance may be used as set forth on the plan of curb and sidewalk details hereinbefore mentioned.[3] No single driveway entrance for a garage for two or more cars shall be constructed with a frontage or width exceeding 16 feet measured along the building line, except upon specific approval by resolution of said Council. Such specific approval shall be given only when it is not contrary to the public interest and when, owing to special conditions, unnecessary hardship would result. The width of any single driveway entrance shall not exceed 35 feet in width and shall be subject to the approval of Borough Council. In no such instances shall bituminous concrete material and/or other material be placed in such a manner upon driveway entrances as to impede the flow of stormwater runoff in the cartway area of the streets.
(5) 
The outside edge of all "front retaining walls," defined as those located along any street, shall be on or in back of the building line as shown on the topographical survey and revisions thereto of the Borough of Birdsboro and the outside edge of all rear retaining walls shall be on or in back of the alley line as shown on the topographical survey and revisions thereto of the Borough of Birdsboro, and shall be constructed in accordance with good engineering practice of such height, thickness and materials as shall be approved by the Borough Engineer. When a retaining wall presently existing in violation of this article is to be replaced or partially replaced, it must be replaced in its entirety in conformity with the provisions of this article.
(6) 
Constructing and finishing sidewalks, curbs and driveway entrances.
(a) 
All sidewalks, curbs, retaining walls and driveway entrances shall be constructed of air-entrained structural concrete having an ultimate strength of 3,000 pounds per square inch at 28 days and containing 6% air by volume. The sources of concrete materials and the mix design shall be subject to the approval of the Borough Engineer.
(b) 
The top surfaces of all sidewalks, curbs and driveway entrances shall receive a wood floated finish, and the finish tolerance shall be a true plane within 1/4 inch in 10 feet. The exposed vertical surfaces of curbs and driveway entrances shall be repaired of all honeycombed and defective areas, and shall receive a smooth rubbed finish. This finish shall be produced by wetting the surfaces and rubbing with a carborundum brick, or other abrasive, until a uniform color and texture are produced. The finishing shall be completed before the concrete is 36 hours old.
(c) 
Immediately after finishing, all concrete shall be cured by using either an approved, impervious, light-colored plastic covering placed and maintained in contact with the concrete surface, or an approved, impervious light-colored liquid curing compound sprayed on the concrete surface. The curing shall be continued for at least five days.
(d) 
The Borough Engineer may reject any concrete sidewalks, curbs and driveway entrances which do not conform to the requirements of this article or the generally accepted standards of the American Concrete Institute.
(e) 
Expansion joints mode with three-eighths-inch thick preformed nonextruding and resilient bituminous joint filler shall be placed every 20 feet to the full depth of curb and sidewalk and where the sidewalk meets the outside face of a wall and/or curbing, and, also, sidewalk shall be scored every five feet for sidewalks of five feet in width and every four feet four inches for sidewalks of four feet four inches in width along with ten-foot intervals for curb.
E. 
On neglect or refusal of the owner or owners of the abutting lot or lots to grade any sidewalk areas, to construct and/or repair any sidewalk, to construct, set, reset, repair any curb or driveway entrance, within 30 days after notice so to do from the Council of said Borough, to its proper officials, said Council shall cause the same to be done and shall collect from said owner or owners of the lot or lots the cost thereof and 10% additional, together with all charges and expenses, and, if payment is not made, shall file a municipal lien therefor against such lot or lots or shall bring an action in assumpsit against said owner or owners for collection thereof.
F. 
Sidewalk areas not graded, or sidewalks, curbs and driveway entrances not laid in conformity with the provisions of this article and with the established grades and lines shown on the topographical survey and revisions thereto of the Borough of Birdsboro are hereby declared to be nuisances, and must be taken up and regraded and/or relaid according to the provisions of this article within 30 days after notice to the owner or owners so to do by said Council, and, upon failure of said owner or owners thereof to regrade sold sidewalk area, and/or relay said sidewalk, curb or driveway entrance within the time stipulated, said Council shall cause the same to be done in the manner herein provided, and said Council shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner hereinbefore provided in Subsection E.
G. 
No sidewalk, curb or driveway entrance heretofore laid with material or materials not described herein shall be permitted to be repaired but whenever any such sidewalk, curb or driveway entrance becomes, in the opinion of said Council, in a dangerous and/or deteriorated condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to relay the sidewalk, curb or driveway entrance with the material herein provided, and, upon his, her, its or their failure so to do within 30 days after notice, said Council shall cause the same to be done in the manner herein provided, and said Council shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner hereinbefore provided in Subsection E.
H. 
In the case of concrete sidewalks, in the event any concrete block thereof requires replacement of more than 25% of the total area of said concrete block, then said concrete block in need of repair shall be replaced in its entirety; provided, however, where a portion of such a concrete block is removed for installation or repairs to utilities, then said block shall be replaced in its entirety.
I. 
Curb and sidewalk shall be constructed along the front of each lot within the Borough on which a building or structure, other than a private garage, is constructed or reconstructed pursuant to a building permit issued therefor where said lot adjoins a public street, road or highway. In the case of a corner lot, curbing and sidewalk shall be constructed along both the front of the lot and the side of the lot adjacent to the public street, road or highway. Such curb or sidewalk shall be completed within one full calendar year after the issuance of a building permit for the construction or reconstruction of the building or structure or prior to the issuance of a certificate of occupancy for such building or structure, whichever is earlier, provided that:
(1) 
If the season of the year precludes the completion of such curb and sidewalk by such time a certificate of occupancy shall be issued only after the builder or property owners, as the case may be, agree with the Borough, in writing, that such curb and sidewalk shall be constructed within 120 days of the issuance of a certificate of occupancy.
(2) 
If the property is a corner lot and abuts an unopened street, the builder or property owners, as the case may be, agree with the Borough, in writing, that such curb and sidewalk shall be constructed within 120 days of the opening of the said unopened street.
(3) 
If the property owner's lot abuts an open street where curbing has not been installed, the builder or the said property owners, as the case may be, agree with the Borough, in writing, that such curb and sidewalk shall be constructed within 120 days of the issuance of the certificate of occupancy.
(4) 
Said agreement shall be on a form provided by Borough Council and be subject to the approval of Borough Council, and further provided that if after said period of 120 days has passed and said curb and sidewalk is not completed, the Borough shall have the right to install or complete said curb and sidewalk without further notice to the builder or property owners, and may recover the cost and expense thereof from said builder or property owners in the manner provided by law.
J. 
All details as specified in the plan attached shall be considered as having the force of all written sections contained in the body of this article.[4]
It is hereby unlawful for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation within two feet of the topographical building line along any street, or for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation in any "sidewalk areas," which is defined as the area located between the topographical curbline and the topographical building line as shown on the topographical survey and revisions thereto of the Borough of Birdsboro, in the prescribed grass plot areas between the curb and sidewalk, whether the grass plot area exists in fact or whether it is paved as an addition to the sidewalk. Shade trees may be planted only with approval of Borough Council or their authorized representatives. Any trees, evergreens, hedges, plants or shrubbery planted in violation of this section are hereby declared to be nuisances and must be removed within 30 days after notice to the owner or owners of the respective lot or lots or property, so to do by the aforesaid Borough Council, and upon failure of said owner or owners to accomplish this removal, Borough Council shall cause the same to be done and shall collect from said owner or owners of the lot or lots the cost thereof and 10% additional, together with all charges and expenses, and if payment is not made, shall file municipal lien therefor against such lot or lots or property, or shall bring an action in assumpsit against said owner or owners for collection thereof.
Any person, firm or corporation grading any sidewalk areas, or constructing or repairing any curbs, gutters, sidewalks, driveway entrances or retaining walls, or removing any trees or shrubbery, or opening or excavating in or under any streets, alleys or sidewalk areas, or storing or depositing materials on any streets, alleys or sidewalk areas, shall place suitable signs, barriers and/or lights so as to protect the users of streets, alleys or sidewalk areas in the vicinity thereof from injury to person or property. In the event that Borough Council, through its authorized officials, directs the person, firm or corporation conducting the work to place a certain type and/or quantity of signs, barriers or lights in a certain manner, said person, firm or corporation shall promptly comply with such direction. If work is being performed in or along any state highway located in the Borough of Birdsboro, a highway occupancy permit shall be obtained from the Pennsylvania Department of Transportation (PennDOT) prior to the start of any construction. All PennDOT regulations shall be followed regarding traffic control devices while construction is being done in or along any state highway.
A. 
All subsurface rain water conductors shall be placed in such a manner that the top of pipe will not be less than three inches from top of curb with expansion joints placed vertically to the center line of pipe.
B. 
All individual home services for public utilities (excluding gas services) shall be raised and/or lowered to proper curb elevation by person, firm or corporation installing concrete curb, driveways and sidewalks.
C. 
All traffic signs removed during construction of concrete curb, sidewalk and driveways shall be replaced by person, firm or corporation performing installation.
Any person, firm or corporation applying for any permit under this article shall indemnify the Borough of Birdsboro against all liability of whatever nature arising during the performance of work or as a result of work for which a permit is granted, whether or not the said liability arises as a result of the negligence of the person, firm or corporation to whom the permit was issued.
[Amended 10-10-2011 by Ord. No. 432]
A. 
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
B. 
The Borough Council may revoke any permit issued to any person, firm or corporation violating any of the provisions of this article.
C. 
The imposition of penalties herein prescribed shall not preclude the Borough from instituting an appropriate action or proceeding to prevent the performance of work or acts declared to be unlawful under the provisions of this article, or to restrain, correct or abate a violation, or seek relief by a complaint in equity.