[Adopted as Title 8, Ch. 1, of the 1977 Code[1]]
[1]
Editor's Note: This article was adopted 12-30-1977; reenacted
1-13-1992 by Ord. No. 1273 and amended 11-13-1979 by Ord. No. 915;
10-6-1980 by Ord. No. 936; 5-5-1986 by Ord. No. 1101; 9-6-1988 by
Ord. No. 1165; 9-10-1990 by Ord. No. 1231; 5-6-1991 by Ord. No. 1250;
4-5-1993 by Ord. No. 1293; 11-8-1993 by Ord. No. 1302 and 6-6-1994
by Ord. No. 1318.
Sidewalks, curbs and gutters shall not be placed within the
boundaries of any public highway, road, street, avenue, public lane
or public alley in the Township of Upper Moreland by any owner, person,
firm, association or corporation without first obtaining from the
Board of Township Commissioners a permit for such purpose and assuming
all liability for all and any damage which might result from the performance
of such work.
Before the issuance of a permit, the applicant shall make payment to the Township of the fees required by the fee schedule found in Chapter 140, Fees, Rates and Permits, of the Upper Moreland Township Code.
Curbs, sidewalks and driveway aprons shall be constructed in
conformity with the specifications hereafter set forth and insofar
as practicable in conformity with the plans hereafter set forth as
Figures 1, 2, 3 and 4.
A.
All concrete shall be 4,000 pounds per square inch.
[Amended 9-12-2011 by Ord. No. 1602]
B.
Curbs. Curbs shall be constructed, in accordance with the following specifications, of either concrete or granite, provided that granite curbing shall only be installed where an entire block (as defined in Chapter 300, Article II, § 300-4, of this Code) of a street is being curbed with granite or where granite is the existing curbing material.
(1)
Concrete curbs. Concrete curbs shall be cast in ten-foot lengths
and shall conform to the "curb detail" on Figure 1, having the following
dimensions: seven inches in thickness at the top and eight inches
in thickness at the bottom and a depth of 18 inches. The battered
or sloping side of the curb shall be on the street side with the back
of the curb being straight. The curb reveal shall be eight inches.
All concrete curb shall be sealed with an opaque concrete sealer applied
in accordance with the manufacturer's specifications to provide for
proper curing of such concrete curb.
(2)
Granite curbs.
(a)
Granite curb shall consist of gray granite free from structural
defects, having the following dimensions.
(b)
The top surface and front face of the curb shall be dressed
with a front face to a depth of eight inches, free from projections
and depressions of over 3/8 inch. The granite curb shall be set in
concrete chairs at each joint, extending six inches below, behind
and along the bottom of each such joint. Where the granite curb is
being set for a depressed curb section for a driveway, such granite
curb shall have an additional concrete chair at its mid-span.
C.
Sidewalks. Sidewalks shall be a minimum of five feet wide and four
inches thick, except where a driveway crosses a sidewalk, at which
the sidewalk must be six inches thick. Such sidewalks shall be constructed
on a prepared foundation of compacted crushed stone at least four
inches thick. Such stone shall meet the specifications of the Pennsylvania
Department of Transportation, Form 408, for cement concrete sidewalks,
such stone meeting the requirements for No. 2A material or Type C
stone. The size and gradation of the material shall be determined
in accordance with PTM No. 619.
[Amended 9-12-2011 by Ord. No. 1602]
D.
Driveway aprons. Driveway aprons must be six inches in thickness.
E.
Expansion joints. There shall be expansion joints between driveway
aprons and abutting curbs. Expansion joints shall also be provided
between sidewalk and curb where any sidewalk abuts a curb. Expansion
joints shall be installed no further apart than 24 feet and shall
be scored every four feet so that each sidewalk flag will be a square
with the dimensions of four feet on each side.
F.
Slope. The sidewalk shall slope toward the curb at the rate of 1/4
inch per foot where possible, but in no case shall the slope be less
than 1/8 inch per foot, nor more than one inch per foot.
G.
Ramps for physically handicapped. A paved ramp from the grade level
of a street to the grade level of a sidewalk intended to allow access
for wheelchairs or similar type of equipment used by disabled persons
for personal mobility. Ramps for the physically handicapped shall
be constructed in accordance with the latest PENNDOT and ADA standards.
All ramps shall be provided with “brick red” detectable
warning surfaces or other approved contrasting color.
[Amended 2-7-2011 by Ord. No. 1598; 9-12-2011 by Ord. No. 1602]
Figure 1
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Figure 2
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Figure 3
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Figure 4
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A.
The Township Engineer is hereby empowered to give or define grades
or lines for the placing or replacing of sidewalk, curb and gutter
within the boundaries of any public highway, road, street, avenue,
public lane or public alley within said Township, and no act on the
part of any other official or employee shall bind the Township or
make it liable therefor.
B.
For giving or defining grades or lines for the placing of sidewalks,
curbs or gutters within the boundaries of any public highway, street,
road, avenue, lane or alley, a charge payable to the Township will
be made in accordance with a standard rate adopted by the Highway
Department.
C.
No sidewalk, curb or gutter shall be constructed or replaced except
after a permit is obtained and the Township Engineer shall have given
the grades and lines after the necessary survey.
A.
The owner of the abutting property shall be responsible for keeping
the sidewalks and curbs immediately in front of his property in good
order and repair and free of all obstructions. The owner of the abutting
property shall repair or replace any sidewalk or curb which deteriorates
or becomes hazardous. Such repair or replacement shall be done in
accordance with Township specifications, as set forth in this article.
B.
Should the abutting owner fail to make such necessary repairs or
replacement of the sidewalk or curb, the Township Commissioners may
serve upon him a notice requiring such repairs or replacement. The
notice shall be served on the property owner by certified mail or
by leaving the notice at his place of residence. Where the owner resides
outside the Township, the notice shall be served by posting the notice
on the premises in question and mailing a copy by certified mail to
the owner's last known address.
C.
If such abutting property owner fails to comply with the requirements
of the notice within 120 days from the date of service, the Township
Commissioners may make the necessary repairs or replace the sidewalk
or curb. The cost of the repairs or replacement shall be paid by the
owner of the abutting property, together with a penalty of 10%, or
may be collected as provided by law in an action of assumpsit or by
filing a municipal lien against the property.
The existence of any of the following conditions shall be the
reason for the repair or replacement of any curb, sidewalk or driveway
apron:
A.
Spalling or chipping. Any spalling or chipping shall be reason for repair of a curb, sidewalk or driveway apron. Where such spalling or chipping extends beyond 25% of the surface area of curb or sidewalk, it shall be deemed to be beyond repair, and such section must be replaced. On curb, sidewalk or driveway apron that is to be repaired, such work must be performed according to specifications set forth in § 295-3 hereof.
B.
Cracking. Any curb, sidewalk or driveway apron that is cracked through
full thickness of section and/or out of alignment shall be replaced.
Prior to acceptance of the dedication of new projects, any cracked
curb, sidewalk or driveway apron shall be removed and replaced. Hairline
cracks may be permitted, provided the crack does not go through the
full thickness of the curb, sidewalk or driveway apron and the section
is not out of alignment.
C.
Misalignment. Any curb one inch out of alignment must be reset, if possible, or replaced where resetting is impossible. Any sidewalk block that is tilted, in any direction, more than 1/2 inch out of the level of the specification set forth in § 295-3 hereof, must be replaced.
D.
Snapped off curb. Where a curb has been snapped off, it must be replaced.
No capping will be permitted.
E.
An existing monolithic pour of concrete for both curb and driveway apron will only be permitted where the curb pour is to the full depth required for curbing under § 295-3 hereof. Prior to approval of the retention of any monolithic pour of concrete for both curb and driveway apron, the property owner shall be required to prove that existing curbing was not snapped off and capped by the monolithic pour.
F.
Any sidewalk block or driveway apron that is determined to constitute
a hazard to pedestrian traffic shall be removed and replaced.
G.
Curb depressions shall be built to the specifications established in § 295-3 hereof. Depressions that do not conform to the standards by more than one inch shall be removed and replaced with appropriate apron adjustments.
H.
Driveway aprons shall be built to the specifications set forth in § 295-3 hereof. Where more than 25% of an existing apron does not meet the Township standard due to cracking, spalling, or misalignment, then the entire apron shall be removed and replaced.
I.
Intersection shall be provided with handicapped ramps. Where more
than 25% of an existing curb and sidewalk does not meet the Township
standard due to cracking, spalling or misalignment at an intersection,
the entire curb and sidewalk will be removed and a handicapped ramp
provided.
J.
Driveway aprons shall be as wide as the existing driveway and in conformity to the specifications established under § 295-3 hereof. Where an existing driveway apron is less than one foot or more of the driveway width, they shall be widened to conform to the required widths.
K.
Sidewalks or driveway aprons which are found to be undermined by
water shall be removed and replaced.
Permittees, their contractors or agents shall protect the public
by proper guards and lights against any danger or injury while the
highway is open or the work is under construction. At all times, an
unobstructed passage along the sidewalk of at least four feet in width
and a free passage for water in the gutter shall be maintained. No
building materials or other obstructions shall be placed within 25
feet of a fire hydrant, and all such obstructions shall be removed
from the highway before the time of the expiration of the permit.
No materials shall be mixed upon the surface of the highway.
Any deviation from the restrictions imposed by this article
and any amendment thereof must be approved by the Board of Commissioners
or a committee designated by it to authorize such deviations. Any
deviation so authorized must be set forth on the face of the permit
under which the excavation or construction is being carried out.
Any owner, person, firm, association or corporation who shall
violate any of the provisions of this article or who shall fail to
comply with the conditions or requirements of any permit granted in
accordance with the provisions of this article shall, upon conviction
thereof, be liable to pay a fine of not less than $50 nor more than
$600 for each and every offense. A new and separate offense shall
be deemed to have been committed for each day that said violation
exists. All fines imposed by the article are recoverable by summary
proceedings before any magisterial district judge in the Township
of Upper Moreland and, upon recovery thereof, all such fines are to
be paid into the treasury of the Township. In default of the payment
of any fine imposed by any magisterial district judge under the provisions
of this article, the person or persons so offending may be committed
to the jail, workhouse or other penal institution of Montgomery County
for a period not exceeding 30 days.
