Borough of Pennsburg, PA Article III Sidewalks

§ 95-5 Sidewalks and curbs.

Curbs and sidewalks are required on all developed parcels within the Borough. It is the responsibility of the property owner to maintain and repair all curbs and sidewalks as required by the various ordinances of the Borough.

§ 95-6 Grading, construction and repair, and permits.

A. The grading of sidewalk areas and the construction and repairing of sidewalks, curbs, and driveway entrances along and in the streets of the Borough shall be the responsibility of the owner(s) of the lot(s) abutting thereon in accordance with the approved and recorded subdivision plans or as established by this article and in accordance with the provisions of this article.

B. It is hereby declared unlawful for any persons, firm, corporation or other entity to grade any sidewalk area, construct and/or repair any sidewalk, curb or driveway entrance within the Borough except in compliance with the provisions of this chapter.

C. Any person, firm, corporation or other entity desiring to grade any sidewalk area or to construct and/or repair any sidewalk, curb or driveway entrance shall first obtain a permit from the Borough Code Enforcement Officer. Said permit shall be only after the following conditions have been satisfied:

(1) The filing of a written street occupancy permit application with the Borough Code Enforcement Officer, which shall set forth the location and provide a description of the proposed improvement.

(2) The established fee in accordance with a fee scheduled adopted by resolution shall be paid to the Borough Code Enforcement Officer at the time of filing the application.

D. All sidewalk areas shall be graded, and all sidewalks, curbs, and driveway entrances shall be constructed, reconstructed and/or repaired in compliance with the current engineering standards of the Borough of Pennsburg as adopted by the Borough Council.[1] On neglect or refusal by the owner(s) of the abutting lot(s) to grade, construct, pave, repave and/or repair any sidewalk, curb or driveway entrance, within the time period provided, Council shall take action to have said work completed and collect from the owner(s) of the lot(s) the cost thereof as provided for and in accordance with the Borough Code.

[1] Editor's Note: Said engineering standards are on file in the Borough offices.

E. Sidewalks, curbs and driveway entrances not constructed in conformance with the provisions of this section and/or as shown on the recorded subdivision plans, or as set forth in this chapter are hereby declared a nuisance and must be taken up and regraded and/or relaid in accordance with the provisions of this section. Property owner(s), within 60 days after receiving notice, shall have the necessary repairs made. Failure of said owner(s) to make necessary repairs within the time stipulated shall cause the Borough to contract work to be done as herein provided, and Borough Council shall collect the cost thereof from the owner(s) of the lot(s) as provided for in the Borough Code.

F. Should a sidewalk, curb, or driveway entrance become, in the opinion of the Code Enforcement Officer, a dangerous condition, notice shall be given to the owner(s) of the lot(s) abutting thereon to replace the sidewalk, curb and/or driveway entrance with the materials prescribed in the hereinafter details and specifications. Upon failure of said owner(s) so to do within the time period provided by the Borough, the Borough shall cause the same to be done in the manner herein provided and shall collect the cost thereof from the owner(s) as provided in the Borough Code.

G. Curbs and sidewalks shall be constructed where, in the opinion of Borough Council, potentially hazardous conditions exist and/or there is a public safety concern.

H. No surface gutters are permitted on newly constructed sidewalks. All drains shall be installed under sidewalk areas in conformance with the hereinafter details and specifications adopted by the Borough Council.

I. For subdivision and land development projects, all drains, rainwater conductors or roof drains shall be installed and discharged directly into the storm drain system. All drains, rainwater conductors or roof drains shall have a minimum size of four inches in diameter.

J. All properties, prior to resale, shall have all private and public sidewalks and curbing inspected for dangerous and/or hazardous conditions by the Code Enforcement Officer. Repair and replacement of those conditions as determined by the Code Enforcement Officer shall occur prior to the issuance of a use and occupancy permit.

§ 95-7 Curb, sidewalk and driveway specifications.

The construction, reconstruction and/or repair of all curbs, sidewalks and driveway specifications shall be governed by the engineering standards of the Borough of Pennsburg, which are incorporated herein by reference.[1]

A. The Code Enforcement Officer and/or the Engineer may reject any concrete sidewalks, curbs, and driveway entrances that do not conform to the requirements of this section or the generally accepted standards of the American Concrete Institute and/or PennDot Form 408.

B. All handicap ramps must be designed and constructed in accordance with the ADA Act of 1990, as amended.

[1] Editor's Note: Said engineering standards are on file in the Borough offices.

§ 95-8 Indemnification of Borough and Engineer.

Any person, firm, corporation or other entity applying for any permit under this article shall indemnify the Borough and Borough Engineer against all liability of whatever nature.