All curbs and sidewalks within the borough shall be the full responsibility
of the abutting property owners. The owners shall construct, maintain, repair
and/or replace any and all curbs and sidewalks abutting their premises and
keep them in a safe condition at all times.
All curbs and sidewalks on a street to be improved to an established
grade must be constructed and in good condition prior to the improvement of
such street within the borough, all as determined by the Borough Council.
Every owner of property on a street to be improved to an established
grade in the borough shall, within sixty (60) days after written notice from
the Borough Council, construct a combination sidewalk and curb, which shall
conform to all applicable requirements in front of or along side of such property.
Every owner of property in the borough shall, within thirty (30) days
after notice from the Borough Council, repair any sidewalks and/or curbs or
any combination sidewalk and curb, in the manner stipulated in such notice
and in accordance with all applicable requirements hereof, in front of or
abutting the side of such property.
A permit for the construction, replacement or repair of any curb or
sidewalk or combination curb and sidewalk must be secured by the owner of
property prior to the commencement of any work on such property. Application
for such permit shall be made to the Borough Secretary and the fee, per installation,
accompanying said application shall be in an amount as established from time
to time by resolution of the Borough Council. The Secretary is authorized
to issue a permit for new construction, subject to the applicable requirements
hereof, without referring said application to the Borough Council. All applications
involving repair or replacement of existing curbs and/or sidewalks shall be
referred to the Borough Council, however, and a permit will only be issued
upon approval by the Borough Council.
Any owner of property within the borough may of his own volition and
without notice from the Borough Council construct, replace or repair a sidewalk
and/or curb in front of or alongside of such property, provided that he shall
first obtain a permit therefor from the Borough Secretary and shall conform
to all applicable requirements hereof.
All sidewalks and/or curbs or combination sidewalks and curbs shall
be constructed or reconstructed of concrete and only in accordance with the
specifications attached hereto and marked Exhibit A and Exhibit B.[1] Exhibit A sets forth the specifications required for all new construction
or the replacement of existing curbs. Exhibit B contains the specifications
applicable to all new construction or the repair or replacement of an existing
curb and sidewalk. The Borough Council shall determine when the reconstruction
or replacement of any sidewalk and/or curb or a combination sidewalk and curb
rather than the repair thereof shall be necessary, and the permit issued by
the Secretary after such determination shall specify the manner of the repair
or replacement, including a specific reference to Exhibits A or B as the specifications
applicable to such work.
[1]
Editor's Note: Exhibits A and B appear at the end of this chapter.
All sidewalks and/or curbs or combination curb and sidewalk shall be
constructed, replaced or repaired according to a line and grade to be obtained
by the property owner from the Borough Engineer and not otherwise. It shall
be the duty of the Borough Engineer, upon receiving a copy of an application
for a permit from the Borough Secretary, to furnish the proper lines and grades
at the expense of the borough, and such sidewalks and/or curbs or combination
curb and sidewalk shall only be constructed, replaced or repaired according
to the lines and grades as given; provided, however, that the Borough Engineer
shall not furnish lines and grades for sidewalks and/or curbs or combination
curbs and sidewalks upon any street or highway where the Borough Council has
not as yet established an official street grade line by ordinance duly adopted.
In all instances where access to property by vehicles is desired by
the owner of such property, the curb may be cut down and proper provisions
made for a driveway across the sidewalk. The width of said driveway shall
not exceed twelve (12) feet, and such work shall be done according to the
specifications attached hereto, made a part hereof and marked Exhibits A or
B,[1] as the case may be. In no event shall any driveway extend out
over any street or highway.
[1]
Editor's Note: Exhibits A and B appear at the end of this chapter.
It shall be the duty and responsibility of the Borough Council to determine,
in the case of any individual property, whether or not the sidewalk and/or
curb or combination curb and sidewalk shall be replaced or repaired and, if
so, the specified part or parts thereof to be replaced or repaired. Representatives
of the Borough Council may at any time, during the course of construction
replacing or repairing any sidewalk and/or curb or combination curb and sidewalk,
access the site of such work to ascertain whether such work is being done
according to requirements; and a representative shall visit any such site
for such purpose whenever requested by the property owner.
Within two (2) days after the completion of the work of construction,
replacement or repair of any sidewalk and/or curb or combination curb and
sidewalk, it shall be the duty of the owner of the property where such work
was done to notify the Borough Secretary of that fact in order that the Borough
Council can inspect such construction, replacement or repair work to determine
whether the grade thereof has been observed and followed and the work performed
in accordance with the requirements hereof.
Whenever the Borough Council representative shall find that any work
performed under a permit issued in accordance with requirements hereof does
not conform to said requirements and the specifications attached hereto as
Exhibits A or B (as the case may be),[1] he shall order such work to be brought into conformity therewith
by the owner of such property within fifteen (15) days. In the event that
the owner shall fail or refuse to comply with the order of the Borough Council
representative, the Borough Council may then, after notice to the owner, order
the replacement or repair of the portion of such sidewalk and/or curb or combination
sidewalk and curb not in conformity herewith and may collect the cost of such
work, plus ten percent (10%), together with all charges and expenses, from
such owner in accordance with the provisions of the Borough Code or may file
a municipal claim therefor or collect the same by action in assumpsit. Should
a curb or sidewalk or combination curb and sidewalk be constructed in violation
of the standards and regulations as determined herein, and without a permit,
the owner of such property, when so ordered by the Borough Council, shall
remove or replace the sidewalk or curb constructed in violation. If the owner
does not comply with such order within fifteen (15) days from the date of
written notice, the Borough Council may correct the violation and may collect
the cost of such work, plus ten (10%) percent, together with all charges and
expenses, from such owner in accordance with the provisions of the Borough
Code or may file a municipal claim therefor or collect the same by action
in assumpsit.
[1]
Editor's Note: Exhibits A and B appear at the end of this chapter.
The Borough Council shall have the power to make emergency repairs to
any sidewalk or curb or combination sidewalk and curb where, in the opinion
of the Borough Engineer, a dangerous condition exists that can be repaired
by an expenditure of not more than one hundred dollars ($100.). Before any
such repairs are made, a notice to make the repairs within forty-eight (48)
hours shall be served upon the property owner of said property. If the owner
of said property does not make such emergency repairs within the forty-eight-hour
period following service of said notice, the borough shall make such emergency
repairs and charge the cost thereof to the owner as provided in the Borough
Code, including the filing of a municipal lien as set forth therein or collection
of the cost by an action in assumpsit.
