[Amended 10-9-2023 by Ord. No. 415[1]]
[1]
Editor's Note: This ordinance also redesignated former §§ 158-9 through 158-37 as §§ 158-12 through 158-40.
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
Borough of Rosslyn Farms.
CERTIFICATE OF INSPECTION
An official written letter or statement from the Borough Code Enforcement Officer or Engineer confirming that it has inspected a sidewalk and determined that the sidewalk is not defective and/or in need of repair, reconstruction and/or replacement.
OWNER
Any person or persons, jointly or severally, who: 1) is vested with legal title to real property; 2) has charge, care, custody or control over real property as agent of the person who is vested with legal title to real property; or 3) is the executor(trix), administrator(trix), or guardian of the estate of the person who is vested with legal title to real property. This term shall include the Borough, only with respect to real property for which the Borough holds legal title.
PERSON
Any natural person, partnership, firm, association, corporation, or other entity.
PUBLIC FACILITIES
Facilities owned by the state, county or Borough and open to use by the public. Public facilities include, but are not limited to, parks, recreation spaces, trails, community centers, and swimming pools.
SALE/SELL OR TRANSFER
The sale, transfer or assignment of any interest in real property, except for transactions solely between spouses and the refinancing of real property without conveyance.
SIDEWALK
That portion of any public or private street, avenue, road, alley or highway that is located outside of the cartway and is available to use by the public as a pedestrian walkway. This term shall not include any shared use path located on a public street by the Borough and designated by paint, signs, or other markings on or within such street.
STREET
Any Borough street, avenue, road, alley or highway.
The Borough may construct and install sidewalks along all or part of any street or state highway, where all or part of a sidewalk does not exist as of the effective date of this article. No other person may install a sidewalk along all or part of any street, where all or part of a sidewalk does not exist as of the effective date of this article.
The Borough may install sidewalks pursuant to the authority granted in § 158-2 herein, when one or more of the following conditions are present:
A. 
The street or state highway along which a sidewalk will be installed is a safe walking route to schools or would be a preferred safe walking route to schools, if a sidewalk existed.
B. 
The street or state highway along which a sidewalk will be installed is a commonly used route to public facilities or would be a preferred safe route to public facilities, if a sidewalk existed.
C. 
An existing sidewalk serves more than 50% of a street or state highway segment, but is not complete.
D. 
The street or state highway along which a sidewalk will be installed is a bus route.
E. 
The Borough Council has conducted a review of streets and/or state highways without sidewalks and has approved, by resolution, a sidewalk plan which designates the sidewalk or sidewalks to be installed as necessary in order to promote safe pedestrian travel.
A. 
No sidewalk shall be constructed, installed, reconstructed, repaired and/or replaced by the Borough until a permit for the same has been obtained from the Borough Code Enforcement Officer or Engineer.
B. 
No existing sidewalk shall be reconstructed, repaired and/or replaced by any person until a permit for the same has been obtained from the Borough Code Enforcement Officer or Engineer.
C. 
Application for such permit shall be made upon forms provided by the Borough. An application for the construction or installation of a new sidewalk shall be accompanied by an engineered drawing detailing the proposed sidewalk construction or installation work. An application for the reconstruction, repair and/or replacement of an existing sidewalk shall be accompanied by a plan detailing the scope of work and specifications of the reconstructed, repaired, and/or replaced sidewalk. The Borough Council may establish from time to time, by resolution, fees relating to the application for and issuance of a permit.
D. 
Sidewalks shall be constructed, installed, reconstructed, repaired and/or replaced in accordance with the specifications set forth in § 158-5 below and in accordance with the engineered drawings or plan, as required in § 158-4C above, approved by the Borough Code Enforcement Officer or Engineer.
E. 
During sidewalk construction, installation, reconstruction, repair and/or replacement, the Borough Code Enforcement Officer or Engineer may inspect the site as often as may be reasonably necessary in order to confirm that the sidewalk is being built according to the specifications herein and the approved engineered drawing or plan.
F. 
The Borough Code Enforcement Officer or Engineer shall be notified upon completion of the construction, installation, reconstruction, repair and/or replacement of the sidewalk. The Borough Code Enforcement Officer or Engineer shall inspect the sidewalk, in order to determine whether the line and grade has been followed and whether the sidewalk has been constructed, installed, reconstructed, repaired and/or replaced in accordance with the specifications herein and the approved engineered drawing or plan.
All sidewalks shall be constructed, repaired, replaced and/or reconstructed in accordance with the following specifications:
A. 
All sidewalks shall be constructed, installed, reconstructed, repaired and/or replaced upon the line and grade obtained from the Borough Code Enforcement Officer or Engineer, which shall generally rise on the front or curb line to the back or property edge at a uniform grade of 1/4 inch per foot or 2%.
B. 
Sidewalks shall be constructed of four-inch-thick 4,000 psi concrete over six by six welded #9 mesh centered on the depth of the slab set on a minimum of four-inch crushed limestone on a well compacted earth subbase, the limestone base to extend at least six inches beyond each side of the walkway. However, where the sidewalk extends across or is part of a driveway, the slab shall be six inches thick and be set on a six-inch crushed limestone base.
C. 
One-half inch expansion joints at 20 feet maximum on center with construction joints set at 1/4 depth of the walk at five feet maximum on center.
D. 
Surfaces shall be broom finished with straight lines 1/16 inch to 1/8 inch deep set perpendicular to traffic.
E. 
Walks shall be 42 inches in width, adjusted to match existing sidewalks where possible.
F. 
Where sidewalks approach or abut streets for pedestrian crossing, ADA compliant curb ramps meeting the applicable provisions of Section 406, Curb Ramps and Blended Transitions, of the American National Standards Institute A117.1-2017 standard, are required.
G. 
Concrete to be cured by either moisture curing, the use of a moisture curing cover, or the use of a curing compound. Concrete shall be sealed with two coats of boiled linseed oil or its approved equal. Trowel or broom finish is required, in order to produce an even surface with granular or matte texture that will not be slick when wet. Joints, edges, and seams shall be tool-finished.
H. 
Any exceptions to the above shall require the prior approval of the Borough Code Enforcement Officer or Engineer and shall be shown on the engineered drawing or plan, as required in § 158-4C above, approved by the Borough Enforcement Officer or Engineer. When reviewing a requested exception to the above construction specifications, the Borough Code Enforcement Officer or Engineer shall consider whether adherence to the specification at issue is impractical for reasons of safety, topography, or other proper reasons.
I. 
Any sidewalk or sidewalk section existing on the effective date of this article, which does not meet the construction specifications of this section but is not determined to be defective and/or in need of repair pursuant to Section 158-6B herein, shall not be required to be reconstructed or replaced so that it conforms to the construction specifications of this section. However, this provision shall not be interpreted to prohibit the Borough Code Enforcement Officer or Engineer from issuing the notice provided for in Section 158-6C below, if it is determined that a sidewalk or sidewalk section existing on the effective date of this article is defective and/or in need of repair, nor as relieving any owner with a sidewalk or sidewalk section existing on the effective date of this article that is defective and/or in need of repair from the requirement to make repairs determined necessary by the Borough Code Enforcement Officer or Engineer.
A. 
Owners and/or occupants of property abutting any public or private street, highway or public right-of-way where sidewalks exist, regardless of whether the Borough constructed and installed the sidewalks or not, shall maintain the sidewalks in a good and safe condition and at all times free and clear of all obstructions to safe and convenient passage and hazardous conditions, including, but not limited to, trip, slip and fall hazards for pedestrians. It shall be the responsibility of the owner and/or occupant of the property to remove from the sidewalk any object or other materials which may endanger a pedestrian.
B. 
All or part of a sidewalk shall be deemed defective and/or in need of repair, reconstruction and/or replacement whenever the Borough Code Enforcement Officer or Engineer determines one or more of the following conditions exist:
(1) 
The sidewalk or sidewalk section has a hole(s) and/or crack(s) having a width in excess of 1/2 inch at any one point along a length of one foot or greater.
(2) 
One or more sections of the sidewalk rises above or drops below the grade of the edges of immediately adjacent sections, resulting in an irregular surface with depression greater than 1/2 inch in depth.
(3) 
Any section of the sidewalk has spalling on 25% or more of its surface.
(4) 
Any other condition which may create a pedestrian safety hazard, as determined by the Borough Code Enforcement Officer or Engineer.
C. 
Upon determination that all or part of a sidewalk is defective and/or in need of repair, reconstruction and/or replacement, the Borough Code Enforcement Officer or Engineer shall give written notice of the defects found, the type and extent of the required repairs, and that such repairs must be completed within 120 days of the date of the notice, to the owner of the property abutting the defective sidewalk. An owner shall obtain the permit required under § 158-4, prior to commencing any repairs, reconstruction and/or replacement.
D. 
Service of the notice required under § 158-6C shall be made by certified mail, return receipt requested, and by first-class mail directed to the owner's last known address. If the notice cannot be delivered by mail as set forth above, then notice shall be given by posting the same on the property and by hand delivery to the occupant of the property, if the property is occupied.
E. 
Abatement by Borough; appeal.
(1) 
Abatement by Borough. If the required repairs set forth in the notice issued pursuant to § 158-6C have not been completed after the specified time has elapsed, the owner shall be deemed to have failed to comply, and the Borough may complete the required work at the cost of the owner. The Borough may collect the cost of the work and an additional 10% of such costs, together with all charges and expenses, from the owner and may file a municipal claim for such amounts or collect the amounts by action in assumpsit.
(2) 
Appeal. In the event that the owner desires to contest the determination of the Borough Code Enforcement Officer or Engineer that a sidewalk is defective and/or in need of repair, reconstruction and/or replacement, such owner shall have the right to appeal such determination within 30 days of the date of the notice required under § 158-6C to the Rosslyn Farms Borough Appeals Board, by filing a written application for appeal with the Borough Secretary. Appeals shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. The filing of an appeal, together with the required fees, shall toll the time period set forth in § 158-6C for completing the required repairs. The application for appeal shall state the grounds for the appeal and shall be accompanied by the following fees, which may be changed from time to time by resolution of Borough Council:
(3) 
$50 nonrefundable appeal fee; and
(4) 
$500 escrow deposit, which shall be used to pay the costs of advertising and for the court reporter. Any unused portion of the escrow deposit shall be refunded to the owner. To the extent the cost of advertising and/or the court reporter exceed the escrow deposit, the owner shall reimburse the Borough for such costs, upon invoice from the Borough.
F. 
Nothing in this article shall prohibit any owner from repairing, reconstructing and/or replacing any existing sidewalk along his or her property, without notice to do so by the Borough, provided that the permit required under § 158-4 is issued and the construction conforms with the specifications set forth in § 158-5 above.
All owners and/or occupants of properties abutting sidewalks in the Borough of Rosslyn Farms shall keep such sidewalks clean and clear from all dirt, rubbish, garbage and refuse matter, and open and unobstructed for the use of the public. When snow shall fall, owners and/or occupants of properties abutting sidewalks shall remove the snow from such sidewalks within 24 hours after the snow ceases to fall. In the case of vacant or unoccupied property of owners residing outside of the Borough, the Borough may cause such dirt, garbage, snow or other obstructions to be removed from said sidewalks without notice to the owner and collect the cost thereof and an additional 10% of such costs, together with all charges and expenses, from the owner and may file a municipal claim for such amounts or collect the amounts by action in assumpsit.
No person shall ride or drive any vehicle along, upon or across any sidewalk within the Borough, except at a public or private crossing thereof, or otherwise injure or destroy any such sidewalk, provided that this shall not apply to any temporary obstruction or removal, during the daytime, of any sidewalks in front of properties during building or other improvements. Such temporary obstruction or removal of a sidewalk shall be subject to the prior approval of the Supervisor of the Borough Public Works Department and subject to such conditions as the Supervisor of Public Works may deem proper for the comfort and convenience of the public. Any person who temporarily removes a sidewalk shall reconstruct the sidewalk in accordance with the specifications set forth in § 158-5 above, after having first obtained the permit required under § 158-4. Receipt of the permit required under § 158-4 shall be a condition of any approval of the Supervisor of Public Works for a temporary removal of a sidewalk, and the sidewalk may not be removed prior to the issuance of said permit.
Owners and/or occupants of property abutting any public or private street, highway or public right-of-way where sidewalks exist may not remove such sidewalks and shall be responsible for sidewalk maintenance, repair, replacement and/or reconstruction.
A. 
A permit to construct, install, repair, replace or reconstruct a sidewalk shall not confer upon the permittee or his or her designee the right to cut, remove or destroy any trees or shrubbery located within the Borough right-of-way, except as the same may have been approved as part of the permit.
B. 
No owner and/or occupant of a property abutting any public or private street, highway or public right-of-way where sidewalks exist, regardless of when such sidewalks were constructed, shall permit trees to interfere with the free use of said sidewalks, including but not limited to tree branches, vegetation and roots. Branches of trees shall be trimmed so that the lowest part of said trees or branches are at least six feet above the sidewalk, or higher if deemed necessary to provide a clear view of intersections and traffic signs. It shall be unlawful to permit weeds, grasses, roots, plants, bushes, or shrubbery to grow upon or lean over or obstruct the sidewalk in any manner whatsoever. The owner and/or occupant of an abutting property shall be responsible for the property maintenance of any grassed, landscaped, or planted area between the sidewalk and pavement of the street.
Any person who shall violate any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of this article continues shall constitute a separate offense.