[Adopted 9-6-2022 by Ord. No. 320[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Construction
and Repair of Curbs and Sidewalks, adopted 10-21-1958 by Ord. No.
36, as amended 6-20-1989 by Ord. No. 175.
A.
East Petersburg Borough may lay out and establish sidewalks, curbs,
gutters and surface water drains along any street and, with the consent
of the Pennsylvania Department of Transportation, along any state
highway.
B.
As may be required by Borough Council, every owner of real estate
in the Borough of East Petersburg abutting on any street or state
highway shall grade, construct, drain, pave and repave the sidewalk,
curb or gutter and keep them in repair and in safe and usable condition
along the property at the grades and under the regulations and specifications
as Council may prescribe.
Every owner of real estate in the Borough of East Petersburg
shall, with not less than 30 days' written notice from the Borough
Council, grade, construct, reconstruct, drain, pave, repave, or repair
sidewalks, curbs and gutters, or any of them, which shall conform
to all applicable requirements of this article, on the owner's
property.
Notice to property owners as required by § 107-2 of this article shall be given in accordance with the applicable section of the Borough Code, 8 Pa.C.S.A. § 1805, as may be amended and supplemented.
All sidewalks, curbs and gutters shall be constructed, reconstructed and repaired according to specifications as established from time to time by the Borough Engineer and adopted by resolution of the Borough Council. A copy of such specifications shall be made available by the Borough Secretary or designee to property owners, contractors and other persons in interest, upon request. All contractors or persons performing such work shall follow the work zone traffic control regulations promulgated by the Pennsylvania Department of Transportation concerning the manner of construction. All contractors and persons performing such work shall provide proof of liability insurance coverage in the amount as set forth in § 107-15H of this chapter.
The widths of sidewalks shall remain as now in use until changed
by action of the Borough Council. On all streets, the sidewalks shall
be at least four feet wide; provided, however, that the widths of
new sidewalks shall correspond to the widths of the existing sidewalks
on the same street or highway. The Borough Engineer from time to time,
as required by Council, shall prepare standards for the Borough showing
the location of sidewalk paving in relation to the curbline, which
standards may, with the approval of Borough Council, be maintained
by the establishment of a uniform planting strip on the outside face
of the curb to the outer edge of the sidewalk paving.
In all cases where sidewalks are constructed, reconstructed
or repaired over coal cellars or other excavations under such sidewalks,
such sidewalks shall be supported by iron or steel beams or girders,
stone or concrete arches. In no case shall any support of wood or
other perishable material be used.
All sidewalks, curbs and gutters shall be constructed, reconstructed and repaired and the grading therefor done upon the line and grade as determined by the Borough Engineer and obtained by the property owner from the Borough Secretary and not otherwise. Upon notice as provided in § 107-2 of this article, such work of construction, reconstruction or repair shall be done by the owner or owners of such property in compliance with §§ 107-4 and 107-9.
The Borough Council may determine, in the case of any individual
property, whether the sidewalk, curb and gutter or any of them shall
be reconstructed or repaired and the specific part or parts thereof
to be reconstructed or repaired. The Borough Engineer may at any time
during the course of work of construction, reconstruction or repair
of any sidewalk, curb or gutter visit the site of such work to ascertain
whether the work is being done according to the requirements, and
the Borough Engineer or a person or persons designated by the Engineer
or other authorized Borough officials shall, upon due notice from
the property owner, visit any site for such purpose. Within two days
after the completion of the work of construction, reconstruction or
repair of any such sidewalk, curb or gutter, it shall be the duty
of the owner of the property where such work was done to notify the
Borough Secretary or designee of that fact so that an inspection can
be made to determine whether the grade and specifications thereof
have been observed and followed.
Any property owner, upon the owner's initiative and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk in front of or along the owner's property, provided that such owner shall first make application to the Borough Secretary for a permit, which shall set forth the requirements for the property line and grade. Such owner shall conform to the requirements of this article and such specifications as established by the Borough, including § 107-4 and other sections of the article, and the owner shall also notify the Borough Secretary, as required by § 107-8 of this article, within two days after completion of the work.
Upon the failure of any property owner to comply with any of the requirements in §§ 107-2 and 107-7, the Borough may, after notice, cause the grading, paving, repairing, curbing and guttering to be done at the cost of the owner. The Borough may collect the cost of the work and an additional 10% of the cost, together with all charges and expenses, from the owner and may file a municipal claim for the amounts or collect the amounts by action in assumpsit.
