[Adopted 9-22-1980 by Ord. No. 80-4 (Ch. 21, Part 2, of the
1983 Code of Ordinances)]
[Amended 7-12-1990 by Ord. No. 90-7]
The following words, when used in this article, unless the context
clearly indicates otherwise, shall be defined as follows:
The Borough of Walnutport.
The Council of the Borough of Walnutport.
The Engineer of the Borough of Walnutport.
Any and all buildings or dwellings constructed within the
Borough, regardless of whether they are for commercial, industrial
or residential use.
The area between the street curbline and the right-of-way
line of a street as shown on any topographical survey, recorded subdivision
plan or as established by ordinance, and as described in the subdivision
regulations in effect for the Borough.[1]
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. Included is all the land between the street right-of-way
lines, whether improved or unimproved. Streets may comprise pavement,
shoulders, gutters, sidewalks, division strips, or other areas within
the street right-of-way lines as defined herein and described in the
subdivision regulations in effect for the Borough.[2]
[Added 3-17-1986 by Ord. No. 86-2; amended 4-12-2001 by Ord. No.
2001-03]
Whenever the Council of the Borough of Walnutport authorizes
by resolution the major reconstruction or overlay of a Borough street,
or portion of a street, the following preliminary steps shall be taken.
"Major reconstruction" is the excavation of the street, or portion
of street, to subgrade depth and the complete replacement of the street
coating, including base, binder and wearing courses. "Overlay" is
the placement of one inch average depth or more of wearing course
or leveling course.
A.
All individuals, partnerships, corporations, government agencies,
etc., responsible for all public services in the street area affected
by major reconstruction or overlay, such as water lines, sewer lines,
gas lines, telephone lines, storm sewers and culverts, etc., shall
be notified that such service lines within the street area shall be
placed underground before commencement of the street reconstruction.
Such notice shall be given in writing and the relocation of all utilities
affected by this article shall be effected within 90 days of the date
of the written notice.
B.
The Borough Engineer shall establish curblines and elevations for
all properties on both sides of the street or portion of street scheduled
for major reconstruction or overlay where there is no curbing or the
curbing must be replaced, as determined by the Engineer. Such curblines
and elevations shall be established as a single operation involving
all properties in need of curbing.
C.
Every property owner whose property abuts said street or portion
of street whose property does not have curbing, or whose curbing must
be replaced, shall install new curbing within 90 days of notification
in writing by the Borough that said street or portion of street has
been scheduled for major reconstruction or overlay. In the event any
property owner fails to install new curbing within the allotted time,
the Borough shall install the necessary curbing and the Council shall
instruct the Borough Solicitor to place and attachment against the
property in the Northampton County Courthouse for the cost of the
curbing and the legal expense. Cost shall include interest at a rate
of 10% per annum, which shall be collectable on all municipal claims
from the date of the completion of the work after it is filed as a
lien.
[Amended 1-13-2011 by Ord. No. 2011-03]
D.
Whenever any Borough street or portion of street undergoes a major
reconstruction or overlay, the Borough Engineer shall establish weight
limits regulating the vehicular traffic using such reconstructed street
or portion of street and signs shall be erected at the terminals of
such street or portion of street indicating the permissible traffic.
E.
No curbing or driveway construction shall be permitted until 10 days
after street reconstruction or overlay is completed.
[Added 7-12-1990 by Ord. No. 90-7; amended 8-13-1992 by Ord. No.
92-3]
A.
All persons, individuals, partnerships, corporations, or any other
business entity whatsoever shall and are required to install curbing
in connection with all new construction in the Borough; provided,
however, that said new construction is along or abuts a street which
has been ordained by the Borough.
B.
Any person, individual, partnership, corporation or any other business
entity whatsoever, upon applying for a building permit, shall also
apply for a curb and driveway construction permit pursuant to the
fee schedule in effect at the time of application. No building permit
shall be issued by the Borough until said curb, and driveway construction
permit has been obtained and fees paid.
C.
After application, the Borough Engineer shall establish the curblines
and elevations for the affected property.
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 done by the owner or owners of the lot or
lots abutting thereon in accordance with the lines and grades as established
by ordinance, construction drawings provided by the Borough Engineer
and approved by Borough Council, or as shown on recorded subdivision
plans and in accordance with the provisions of this article.
B.
It is hereby declared unlawful for any person, firm, corporation
or other entity to grade any sidewalk area, construct or repair any
sidewalk, curb or driveway entrance within the Borough except in compliance
with the provisions of this article.
C.
Any person, firm, corporation or other entity desiring to grade any
sidewalk area or to construct or repair any sidewalk, curb or driveway
entrance shall first obtain a permit therefor from the proper official
of the Borough for issuing the aforesaid permit only after the following
conditions have been satisfied:
(1)
The filing of a written application with said Borough official upon
such form as approved by Council setting forth the location, purpose
and description of the improvement.
(2)
The approval of said application by the Borough Engineer as directed
by the Borough Council.
(3)
The payment of an established fee in accordance with a fee schedule
adopted by resolution shall be paid to the aforesaid Borough official
at the time of filing the written application.
(4)
In all cases of new construction of curb, sidewalk or driveway entrance,
or resetting any curb, sidewalk or driveway entrance, in excess of
10 feet in length, and in the case of any other type work as specifically
requested by the applicant; the Borough Engineer shall furnish applicant
with necessary lines and/or grades, the cost of which, in accordance
with a fee schedule adopted by resolution, shall be paid by the applicant
to the proper Borough official at the time of filing the written application.
D.
A permit shall be effective for a period of 90 days from date of
issuance and may, prior to expiration of the original or renewal period,
be renewed by the proper Borough official for a period of 90 days
upon written application and payment of the fee established by resolution,
for each 90 days by the person, firm, corporation or other entity
to whom the original permit was issued, providing that reference points
have not been disturbed or destroyed. When reference points have been
disturbed, they shall be reestablished at the applicant's expense.
E.
The form of application and permit shall be adopted from time to
time by Borough Council by resolution. A copy thereof shall remain
on file at the office of the Borough.
F.
From time to time, Borough Council shall by resolution adopt details
and specifications for the construction and repair of curbs, sidewalks
or driveway entrances, which shall remain on file and available at
the office of the Borough.
G.
All sidewalk areas shall be graded, and all sidewalks, curbs and
driveway entrances shall be constructed, reconstructed or repaired,
all to be in conformance with the most recent details and specifications
adopted by Council. On neglect or refusal by the owner or owners of
the abutting lot or lots to grade any sidewalk areas, to construct,
pave, repave or repair any sidewalk, to construct, set, reset or repair
any curb or driveway entrance, within 60 days after notice to do so
from the Borough through its proper officials, said Council shall
cause the same to be done and shall collect from said owner or owners
of the lot or lots the cost thereof as provided in the Borough Code
and/or other applicable laws, statutes, rules and regulations.
H.
Straight curb shall be constructed in all areas where curbing is
required. In lieu of straight curbing, Council may, by resolution,
allow the construction of rolled curbing.
I.
In areas where curb and sidewalks are required, all driveway entrances
shall be of the depressed curb-ramp type; step-down curb type entrances
shall not be allowed. In areas where curb and sidewalk have not been
required, said entrances shall be constructed as shown on the detail
plan.
J.
Sidewalk areas not graded, or sidewalks, curbs and driveway entrances
not lain in conformity with the provisions of this article and with
the established grades and lines shown on the recorded subdivision
plan, construction drawings provided by the Borough Engineer and approved
by Borough Council, or as set forth in an ordinance or resolution
are hereby declared to be nuisances and must be taken up and regraded
and/or relaid according to the provisions of this article within 60
days after notice to the owner or owners so to do by Borough Council.
Upon failure of said owner or owners thereof to regrade said sidewalk
area and/or relay said sidewalk, curb or driveway entrance within
the time stipulated; Borough Council shall collect the cost thereof
from the owner or owners of the lot or lots as provided in the Borough
Code and/or other applicable laws, statutes, rules and regulations.
K.
Sidewalks, curbs and driveway entrances which do not comply with
the most recently adopted details and specifications shall not be
permitted to be repaired if:
(1)
In the case of curbing, more than 20% of any scored section must
be replaced, then the curb shall be sawed and the entire section replaced,
with expansion joints placed at both ends of the section.
(2)
In the case of concrete sidewalks, more than 20% of the area of any
scored block requires replacement, then said concrete block shall
be replaced in its entirety; provided, however, where a portion of
such a concrete block is removed for installation or repairs to utilities,
then said block shall be replaced in its entirety.
(3)
In the case of concrete driveway entrances, more than 20% of the
total area requires replacement, then the entire area shall be replaced.
L.
Should a sidewalk, curb or driveway entrance become, in the opinion
of Borough Council, a dangerous condition, notice shall be given to
the owner or owners of the lot or lots abutting thereon to relay the
sidewalk, curb and/or driveway entrance with the material prescribed
in the then-applicable details and specifications. Upon his, her,
its or their failure so to do within 60 days after notice from Borough,
Council shall cause the same to be done in the manner herein provided
and shall collect the costs thereof from the owner or owners of the
lot or lots as provided in the Borough Code, and/or other applicable
laws, statutes, rules and regulations.
M.
No surface gutters are permitted on newly constructed sidewalks.
All drains shall be installed under sidewalk areas in conformance
with the details and specifications adopted by Council.
N.
No material shall be placed in the cartway area adjacent to curb
or driveway entrances which shall, in any way, impede the flow of
stormwater runoff in the cartway area of the street.
O.
When curb or driveway entrances are constructed or repaired and where
no cartway paving exists, all areas of excavation within the cartway
area shall be backfilled with Pennsylvania Department of Transportation
No. 2RC aggregate material to the grade of the existing adjacent roadway.
Where the cartway was paved, the excavation shall be backfilled with
Pennsylvania Department of Transportation No. 2RC aggregate material
and the base course and surface course of paving restored in kind.
P.
Curbs and sidewalks shall be constructed in any area where, in the
opinion of Borough Council, pedestrian traffic, inadequate sight distances
or other potentially hazardous conditions indicate the need for public
safety reasons.
A.
It is hereby declared unlawful for any trees, evergreens, hedges,
plants or shrubbery to be planted by any person, firm, or corporation
within five feet of the property side of the right-of-way line along
any street, or for any trees, evergreens, hedges, plants or shrubbery
to be planted, by any person, firm, corporation or other entity in
any sidewalk area, which is defined as the area located between the
curbline and the right-of-way line as shown on a topographical survey
of the Borough, recorded subdivision plan or as established by ordinance.
C.
Any trees, evergreens, hedges, plants or shrubbery planted in violation
of this section are hereby declared to be nuisances and shall be removed
within 10 days after notice to the owner or owners of the respective
lot or lots so to do by said Borough Council.
[Amended 11-10-2016 by Ord. No. 2016-07]
D.
Upon failure of said owner or owners to accomplish said removal,
Borough Council shall cause the same to be done and shall collect
from said owner or owners of the lot or lots the cost thereof and
10% additional together with all charges and expenses. If payment
is not made, Borough shall file a municipal lien therefor against
such lot or lots or shall bring an action in assumpsit against said
owner or owners for collection thereof.
A.
All subsurface rain water conductors shall be placed in such a manner
that the top of the pipe will be two inches from the top of curb with
expansion joints placed vertically to the center line of pipe.
B.
All utility lines affected by the work shall be raised and/or lowered
to proper elevation. All legal requirements of the Commonwealth of
Pennsylvania for notification to utility owners, where applicable,
shall be complied with.
C.
All traffic signs and street name signs removed during construction
of concrete curb, sidewalk, and/or driveway entrances shall be replaced
by the person, firm, corporation or other entity performing the construction.
[Added 12-15-1987 by Res. No. 86-24]
A.
Whenever a driveway entrance is constructed on a property for which
concrete sidewalks already exist and abut the proposed driveway entrance,
a concrete apron must be constructed as specified in Resolution 80-C,
adopted in connection with this article.[1]
[1]
Editor's Note: Resolution 80-C is on file in the Borough offices.
B.
Whenever a driveway entrance is constructed on a property for which
no concrete sidewalks already exist and abut the proposed driveway
entrance, a macadam apron to such driveway entrance may be installed,
provided its construction meets all other specifications adopted under
this article relating to alignment and grade and all appurtenant resolutions.
C.
Whenever concrete sidewalks are installed on a property on which
a macadam driveway entrance apron exists, the macadam driveway apron
must be removed and replaced by a concrete apron constructed in accordance
with this article and all appurtenant resolutions.
Any person, firm, corporation or other entity applying for any
permit under this article shall indemnify the Borough against all
liability of whatever nature, arising during the performance of work
for which a permit is granted whether or not the said liability arises
as a result of the negligence of the person, firm, corporation or
other entity to whom the permit was issued.
[Amended 3-21-1983 by Ord. No. 83-2[1]]
Any person, persons, firm, corporation or other entity violating
any of the provisions of this article shall, upon conviction thereof
before a Magisterial District Judge, be fined a sum not in excess
of $600 and costs for each and every offense or to imprisonment for
a term not exceeding 30 days. After notice of violation has been given
in writing, each day of any subsequent violation of any of the provisions
of this article shall constitute an additional violation hereunder.
Notwithstanding anything hereabove set forth in this article,
whenever the provisions of this article shall be inconsistent with
the provisions of thesubdivision regulations as from time to time
in effect[1] and the provisions of said latter ordinance are more restrictive
or contain more stringent requirements than are set forth in the within
article, then in such event the provisions of said subdivision regulations
shall prevail and be applicable.
