[Ord. 748, 4/3/1969, § 1; as amended by Ord. 1021,
5/1/1996, § 1]
Upon notice, all owners of real estate within the Borough limits
having curbs or curb/sidewalks in violation of § 203 below,
or having no curbs or sidewalks fronting on or contiguous to property
owned by them within Borough limits, shall construct, repair or replace
the curb or curb/sidewalk as directed by this Part.
[Ord. 748, 4/3/1969, § 2; as amended by Ord. 1021,
5/1/1996, § 1]
Within the time limit provided in § 206, after notice
from the Borough, given after an inspection by the Borough Manager
or his designated representative indicates that repair or replacement
of sidewalk or curb is needed, property owners shall make the repair
or replacement. Provided, nothing in this Section shall preclude the
Borough from proceeding to make emergency repairs as provided for
in § 1806 of the Borough Code.
[Ord. 748, 4/3/1969, § 3; as amended by Ord. 1021,
5/1/1996, § 1; and by Ord. 1107, 2/2/2005]
After an inspection by the Borough Manager or his designated
representative, a curb, sidewalk or curb/sidewalk shall be declared
to be unsafe and unusable and shall be required to be removed and
replaced if:
[Ord. 748, 4/3/1969, § 4; as amended by Ord. 1021,
5/1/1996, § 1]
When, by order of Borough Council, a Borough street is reconstructed
by removal of surface and base, all curbs and sidewalks (if curbing
is separated by a grass strip from the free standing sidewalk) or
such curb/sidewalk (if a monolithic situation exists) along that street
that are in violation of § 203 above, shall be removed and
replaced at the expense of the property owner. The only exception
to this Section shall be at street corners where a new handicapped
ramp is to be installed. If the condition of the existing curb or
curb/sidewalk violates the requirements of § 203 above,
the property owner shall be financially responsible for its replacement.
If it does not violate § 203, then the Borough shall pay
for its replacement.
[Ord. 748, 4/3/1969, § 5; as amended by Ord. 1021,
5/1/1996, § 1]
Along properties where sidewalk or curb has not previously been
constructed, curb or curb/sidewalk shall be constructed by the property
owner upon notice by Borough Council and according to specifications
established under this Part. Furthermore, the construction or reconstruction
of said curb and sidewalk shall conform to the design of the majority
of the existing curb and sidewalk as it pertains to use or nonuse
of a grass strip. If the majority of the existing curb and sidewalk
on a street utilizes (or does not utilize) a grass strip, then any
new construction or reconstruction shall (or shall not) utilize a
grass strip.
[Ord. 748, 4/3/1969, § 6; as amended by Ord. 1021,
5/1/1996, § 1]
Notice to repair or replace sidewalks and curbs shall be given
to the owner of record of the property abutting or fronting the sidewalk
or curb by the Manager, not less than 90 days before the date for
completion of the proposed improvement and shall state the approximate
length in lineal feet of the sidewalks and/or curbs to be improved,
the reason for the improvement assigned by the Borough Manager, the
date for completion, a reference to this Part, a statement of the
place where information as to type of materials and construction may
be obtained, a statement of the Borough's remedies for noncompliance
with the notice and such other information as may be deemed pertinent.
The notice shall be served upon the owner by personal service or certified
mail; if the owner is not a resident of the Borough, notice shall
be served in the manner provided by § 1805 of the Borough
Code of 1966, on the agent, tenant or occupant or if no agent or tenant
or no occupant of the premises, by posting the notice.
[Ord. 748, 4/3/1969, § 7; as amended by Ord. 1004,
7/6/1994; and by Ord. 1021, 5/1/1996, § 1]
No curb or sidewalk construction, reconstruction or repair shall
be performed by or for any property owner unless the property owner
or the person doing the work first have obtained from the Borough
a permit for the work. A charge as set by resolution of Borough Council
from time to time, shall be made for this permit and it will be a
violation to do any work without having first secured the permit.
In securing a permit the applicant shall state the following:
[Ord. 748, 4/3/1969, § 8; as amended by Ord. 1021,
5/1/1996, § 1]
No curb or curb/sidewalk shall be constructed, reconstructed
or repaired to any lines or grades other than those furnished by the
Manager or his designated representative. The grades shall be established
by stakes placed by the Borough at no original cost. Thereafter it
shall be the responsibility of the owner to preserve grade and line
stakes until curb or curb/sidewalk are installed.
[Ord. 748, 4/3/1969, § 9; as amended by Ord. 1021,
5/1/1996, § 1]
It shall be the duty of the Manager or his designated representative,
to inspect curb or sidewalk construction to determine its conformity
with the requirements of this Part and he shall have the authority
to stop work not in conformity, order correction of the work and otherwise
enforce compliance with the requirements of this Part.
[Ord. 748, 4/3/1969, § 10; as amended by Ord. 1021,
5/1/1996, § 1]
All curb and curb/sidewalk work is to be done in accordance
with design specifications on file at the Borough Manager's office.
No curb or curb/sidewalk work, new or replacement, is to be done without
first securing a permit from the Borough.
[Ord. 748, 4/3/1969, § 11; as amended by Ord. 958,
4/4/1990; and by Ord. 1004, 7/6/1994]
1.
A curb cut permit shall be secured from the Borough of Quakertown
before any curb cut shall be made in a publicly dedicated right-of-way
for a new private driveway, public roadway (right-of-way), a private
road (right-of-way) or for widening of an existing curb cut. For purposes
of this Part, a "curb cut" is to be defined to be anytime a new private
driveway, public roadway (right-of-way) or private roadway (right-of-way)
is constructed or placed to connect to a publicly dedicated roadway
in the Borough of Quakertown, whether a curb actually exists at the
time of construction or not.
2.
The approval for all curb cut requests shall be made by Borough Council.
Applicants who wish to make new curb cuts shall apply in writing for
such approval to the Borough Manager, who shall notify Borough Council.
The main criteria for review by Borough Council shall be public safety
to motorists and pedestrians, and increased deterioration on existing
public streets. If Borough Council determines that the increased traffic
flow will bring about a greater deterioration on existing streets
in the future, they shall have the option of requiring the applicant
to place in escrow an amount of money equal to the total, future,
anticipated cost of such improvements. If in any case, Borough Council
fees that the construction of such curb cut would not be in the best
interests of the health, safety and welfare of the residents of the
Borough of Quakertown, they shall have the right to deny the application.
3.
The construction of any new private driveway, public roadway (right-of-way)
or private roadway (right-of-way) shall conform to specifications
as approved through any Ordinance of the Borough of Quakertown.
4.
The fee for a curb cut permit shall be fixed, from time to time,
by resolution of Borough Council.
[Ord. 748, 4/3/1969, § 12]
Square openings shall be left around all poles, trees, fire
hydrants, light standards or any other structures within the sidewalk
area. No public service curb or sidewalk boxes for access to underground
facilities shall be left below the sidewalk level, but shall be brought
to the grade of the new walk. The Borough will furnish and set any
inlet frames that might be needed in any sidewalk for storm drainage
purposes.
[Ord. 748, 4/3/1969, § 13; as amended by Ord. 1004,
7/6/1994]
1.
Upon neglect of any property owner to comply with the terms of any
notice under this Part, within the time specified in the notice, the
Borough may cause the repair, replacement or construction of the curbs
and sidewalks to be done at the cost of the owner, and may collect
the cost of the work and 10% additional, together with charges and
expenses, from that owner, and may file a municipal claim or collect
the amount due by action of assumpsit in the manner provided by the
Borough Code.
2.
Penalties. Any person who shall violate any provision of this Part
shall, upon conviction thereof, be sentenced to pay a fine of not
exceeding $600 and costs and, in default of payment thereof, shall
be subject to imprisonment for a term not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
