The owner of any property abutting any sidewalk or curb within
the Borough, together with any portion of the owner's property
which has been used as a sidewalk, curb or curb-cut ramp in front
of his property, shall construct and maintain a sidewalk, curb and
curb-cut ramp in front of all lots abutting on all streets for use
by the general public, in accordance with the requirements herein.
Sidewalks, curbs and curb-cut ramps, including the space between the
property line and curbline or driveway (i.e., roadway), even though
the entire space may not be paved as a walkway for pedestrians, shall
always be maintained in a safe, unobstructed and usable condition
by the property owner, except as otherwise provided by existing ordinance.
This safety requirement shall apply to all trees, planting, structures
and portable materials placed or permitted to exist under, on or in
the space between the property line and driveway (i.e., roadway),
including the adequate safeguarding of any work done within the side
space. Sidewalks shall be kept clean and free of snow, ice, leaves
and any other structure or substance which may obstruct the view of
motorists or others or cause inconvenience, mishap or injury to pedestrians.
A. All existing integrated concrete or bituminous wedge curbs and gutters
are the Borough's responsibility to maintain. The Borough reserves
the right to replace the integrated curb and gutter with separate
curb upon undertaking major road reconstruction projects for the purpose
of eliminating its future responsibility to maintain or reconstruct
the curb as herein described.
B. Curb-cut ramps for persons with disabilities are not limited to intersections
and marked crosswalks, and curb-cut ramps should also be provided
at other appropriate or other designated points of pedestrian concentration,
such as loading islands, mid-block pedestrian crossings and locations
where pedestrians could not otherwise recognize the proper place to
cross the highway or street. Because nonintersection pedestrian crossings
are generally unexpected by the motorist, warning signs should be
installed and adequate visibility provided by prohibiting parking.
Policies established by PennDOT and AASHTO shall be used as guidelines
for reviewing curb-cut ramp requests. The cost of establishment of
and removal of curb cuts shall be borne by the owner of the property.
The Borough reserves the right to order the removal of a curb cut
when it deems it appropriate due to a change of circumstances.
Notice to lay, relay or repair sidewalks, curbs and curb-cut ramps shall be given to the property owner according to legal requirements by the Borough's authorized representative. The notice to construct or relay sidewalks, curbs and curb-cut ramps shall be effective 45 days, and the notice to repair sidewalk, curb and curb-cut ramps shall be effective 30 days, upon receipt; except in the case of emergency repairs, when it shall be for 48 hours. Neglect or failure to comply shall result in a violation under §
265-26 of this article.
All paving of sidewalks on all local streets throughout the
Borough shall be five feet wide, and the location varies according
to width of street. Unless otherwise provided by resolution, all forty-foot
streets shall have sidewalk paving adjoining the curb; all fifty-foot
streets shall have sidewalk paving located three feet distant from
the face of the curb; sixty-foot streets shall have the sidewalk paving
located four feet distant from the face of the curb; sidewalk paving
on all streets in the Commercial Zoning District shall occupy all
space between curb and buildings, including full depth of corner lots
on cross streets. The part of the sidewalk between the curb and the
sidewalk pavement shall be concrete, paving brick and/or kept in grass strips. The owners of
all property abutting upon any sidewalk shall keep the grass strip
in front of their respective properties free from all weeds and neatly
cut to the height of lawn grass.
All finished grades for sidewalks, curb and curb-cut ramps shall
be set by the Borough Engineer and at the expense of the Borough,
unless otherwise provided by resolution.
When work is completed, to lay, relay or maintain the sidewalks,
curbs or curb-cut ramps the concrete shall be kept moist and protected
from the elements or use for a period of three days. Upon removal
of the form work, grading should be approximately one inch lower than
the sidewalk on the curb side and not lower than the work on the property
side to prevent a drainage condition and, in winter, to ensure the
frost thawing evenly on both sides of the walk.
It shall be the duty and responsibility of the Borough Engineer
to determine in the case of any individual property whether or not
the sidewalk, curb or curb-cut ramp shall be reconstructed or repaired.
The Borough Engineer may at times during the course of the work to
lay, relay or repair any sidewalk or curb visit the site to ascertain
whether such work is being done per the requirements set forth herein.
The Borough Engineer shall visit the site for such purpose whenever
requested by the property owner. Within two days upon completion of
the work to lay, relay or repair any sidewalk or curb, it shall be
the responsibility of the property owner to notify the Borough Engineer
of that fact so that he may inspect the sidewalk, curb and/or curb-cut
ramp to determine if the work is acceptable and that the established
grades were observed and followed.
It shall be unlawful for any person, property owner, firm or
corporation to construct, reconstruct or repair any sidewalk, curb
or curb-cut ramp without applying for and securing approval from the
Borough Engineer.
The fee for such permit shall include charges for necessary
surveying to properly locate the sidewalk, curb or curb-cut ramp to
line and grade and for inspection to verify if the work is being done
in accordance with the provisions of this article. The amount of the
permit fee for properties abutting on all new or existing paved and
unpaved streets shall be in accordance with the most recently adopted
resolution.
Any person, property owner, firm or corporation who shall violate any provisions of this article and, upon receiving written notice as required under §
265-17, has failed to comply with this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
Upon failure or neglect of any person, property owner, firm or corporation to comply with this article, the Borough shall give notice as required under §
265-17 to the property owner, informing him of his responsibility, and should the property owner neglect or refuse to comply with such notice within the designated time limit, the Borough may cause necessary repair work to be done at the expense of said owner and assess a ten-percent penalty, either by action in assumpsit or by the filing of a municipal lien on the property, in addition to any penalties or fines levied under §
265-26, to collect all charges and costs to correct the unsafe condition of the sidewalk, curb or curb-cut ramp.
[Added 1-22-2008 by Ord. No. 1224]
The owner of any property upon which a curb cut has heretofore been established and whereon the principal structure has been demolished, whether said demolition is due to fire, blight, structural deficiency or redevelopment, shall remove the curb cut within 30 days of the demolition by restoring the curb and restoring/repairing the curb gutter, sidewalk and/or road according to the specifications which are established in this article. Further, any owner of property who fails to comply with the provisions of this section shall be subject to the penalty set forth in §
265-26 herein.