[Adopted 3-15-1954 by Ord. No. 372]
Where no grade has been established for a sidewalk
to be used as a public thoroughfare in the Borough of Baden, Beaver
County, Pennsylvania, no person shall construct or enter upon the
work of constructing such a sidewalk until an established grade has
been set by proper municipal action.
Any person desiring to construct a sidewalk
in the location where no grade has been established for the erection
of sidewalks as public thoroughfares shall, before entering upon the
work or construction of a sidewalk, make application to the Secretary
of the Borough on a form prepared by and acceptable to the authorities
of the Borough of Baden, for the establishment of a proper grade for
which such sidewalk should be constructed.
Following the preparation of an engineering
plot showing the recommended established grade, the Borough authorities
shall proceed, by ordinance, to establish the grade for the sidewalk
on the street applied for.
Any person desiring to construct a sidewalk
in a location where a grade has been established for the erection
of sidewalks as public thoroughfares shall, before entering the work
of construction of a sidewalk, make application to the Secretary of
the Borough on a form prepared by and acceptable to the authorities
of the Borough of Baden for the placing of grade stakes and construction
stakes by the Borough Engineer.
The applicant for the placing of grade and construction
stakes by the Borough Engineer shall deposit with the Borough Secretary
the sum of $25 to be applied to the cost of such engineering services.
A.
It shall be the duty of the Borough Engineer to keep
on file with the Borough Secretary a set of specifications covering
the type of materials which are to be used in the construction of
sidewalks, the specifications as to the relative quantities of materials
to be used, thickness of sidewalk slab, the thickness of driveway
approach slab, the finish to be applied to the construction and the
requirements for subgrade preparation. No sidewalks shall be constructed
except in accordance with such specifications.
B.
It shall be the duty of the Borough Engineer to place
grade and construction stakes within 15 days after notification by
the Borough Secretary of the filing of an application therefor, in
all cases where an established grade has been ordained prior to application.
In all cases where the grade is established by ordinances after the
filing of an application, it shall be the duty of the Borough Engineer
to place grade and construction stakes within 10 days after such grade
has been established.
In the event that any person who has deposited
the fee hereinabove provided for shall proceed with and shall finish
the construction of said sidewalk in accordance with the grade established
and in accordance with the specifications on file as above provided,
such person shall be entitled to a refund of the amount deposited,
which refund shall be paid to him by the Secretary of the Borough
upon the presentation of a certificate signed by the Borough Engineer
that such sidewalk has been completed in accordance with the established
grade and construction specifications; provided, however, that unless
such sidewalk is fully and completely constructed within six months
after the date of the setting of grade and construction stakes as
hereinabove provided, the applicant shall not be entitled to a refund
of the deposit fee or any part thereof.
The authorities of the Borough shall cause any
sidewalk constructed other than in strict compliance with this article
to be removed at the cost of the property owner who constructed or
caused the construction of said sidewalk, said costs to be recovered
in like manner as other penalties are sued for and collected.
[Amended 5-15-1985 by Ord. No. 759; 6-9-2002 by Ord. No.
868]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $600, not less than $300, and the costs of such proceedings
or, upon default of payment of such fine and costs, by imprisonment
in the county jail for a term of not more than 30 days.
