Borough of Waterford, PA
Erie County
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Table of Contents
Table of Contents
[Adopted 10-1-1984 by Ord. No. 3-1984]
Every owner of property in the Borough of Waterford shall, on 60 days' notice from the Borough Council, construct or reconstruct a side walk and/or curb, which shall conform to all applicable requirements of this article in front of or alongside of such property; such construction or reconstruction to be completed within 60 days after notice.
[Added 4-2-2001 by Ord. No. 2-2001]
Every owner of property in the Borough of Waterford shall, on 30 days' notice from the Borough Council, repair the sidewalk and/or curb, in the manner stipulated in such notice, in front of or alongside such property.
The notices referred to in §§ 227-5 and 227-6 of this article may be written or printed or partly written and partly printed.
[Amended 4-2-2001 by Ord. No. 2-2001]
All sidewalks and curbs shall be constructed, reconstructed and repaired with Class A cement concrete in accordance with the Pennsylvania Department of Transportation (PennDOT) Publication 408, latest edition. These sidewalks must have a minimum thickness of four inches. In addition to the above, sidewalks in driveways and other heavy-traffic areas must be a minimum of six inches thick and must be reinforced with welded wire mesh or other equivalent reinforcement as prescribed by the Borough Engineer. No bituminous material is to be used in construction of sidewalks without obtaining the written permission of both the Sidewalk Committee and Borough Council.
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, or stone or concrete arches. In no case shall any support of wood or other perishable material be used.
All sidewalks and curbs shall be constructed, reconstructed and repaired and grading therefor done upon the line and grade obtained by the property owner from the Borough Engineer or Sidewalk Committee and not otherwise. Upon notice, as provided in §§ 227-5 and 227-6 of this article, as the case may be, such work of construction, reconstruction or repair shall be done by the owner or owners of such property.
It shall be the duty and responsibility of the Borough Engineer or Sidewalk Committee to determine, in the case of any individual property, whether or not the sidewalk and/or curb shall be reconstructed or repaired, and if so, the specific part or parts thereof to be reconstructed or repaired. The Engineer or Sidewalk Committee may, at any time during the course of the work of construction, reconstruction, or repairing any sidewalk and/or curb, visit the site of such work to ascertain whether such work is being done according to requirements; and he or one of the Committee or assistants shall visit any such site for such purpose whenever requested by the property owner. Within two days after the completion of the work of construction, reconstruction or repair of any sidewalk and/or curb, it shall be the duty of the owner of the property where such work was done to notify the Borough Engineer or Sidewalk Committee of that fact, so that he may inspect such sidewalk and/or curb to determine whether the grade thereof has been observed and followed.
Any property owner, upon his own initiative, and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk and/or curb in front of or along his property, provided that such owner shall first make application as to line and grade and as to material to be used, and that he shall also notify the Borough Engineer or Sidewalk Committee as required by § 227-11 of this article within two days after the completion of the work.
The provisions of this article pertaining to construction and repair of curbs shall apply to those cases where the curb is an integral part of the sidewalk or forms a support for the same and does not apply to those cases where the original cost of the construction of the curb on a paved street was or is in the future assessed by the Borough against the property.
[Added 4-2-2001 by Ord. No. 2-2001]
All sidewalks hereafter constructed or reconstructed may be in three-foot, four-foot or five-foot sections. Council may from time to time require that sidewalks in commercial areas be of a sufficient width to extend to the curb. Further, Council may grant permission to construct sidewalks of a different width than hereinbefore provided in special cases where the circumstances justify such action. For the purposes of this section, the width of an existing street means the width of the Borough's established right-of-way, not the existing cartway.
[Added 4-2-2001 by Ord. No. 2-2001]
All new construction of sidewalks at intersections and corners shall be constructed with built-in wheelchair ramps and shall comply with all federal and state regulations pertaining to accessibility including but not limited to the Americans With Disabilities Act, 42 U.S.C. § 2000a et seq.
[Added 8-7-2006 by Ord. No. 4-2006]
Every owner of property abutting any public street in the Borough, upon which new residential construction is commenced and upon which no sidewalks currently exist, must construct and/or install sidewalks on that property. If sidewalks already exist on the property upon which new construction is commenced, those sidewalks must be removed (if deemed necessary by Borough Council) and new sidewalks must be installed. All sidewalks must be constructed and/or installed in accordance with the applicable laws of the Commonwealth of Pennsylvania and with the requirements of this Article II, as amended, and amendments hereto.
[Added 4-2-2001 by Ord. No. 2-2001]
Every property owner shall keep his/her sidewalks clear of any obstruction including trees, shrubs, fallen material, rocks, fences, or other potential hazards identified by the Sidewalk Committee.
[Added 4-2-2001 by Ord. No. 2-2001]
The Sidewalk Committee is hereby authorized to:
A. 
Conduct sidewalk inspections to ensure compliance with this article;
B. 
Identify sidewalks which need repair or reconstruction; and
C. 
Inspect all constructions, repairs, and reconstructions of sidewalks in the Borough to ensure compliance with this article.
[Added 4-2-2001 by Ord. No. 2-2001]
No person shall remove any sidewalk abutting any street or alley without prior written permission from Borough Council.
[Amended 4-2-2001 by Ord. No. 2-2001]
In the event that a property owner fails to construct, reconstruct or repair a sidewalk as ordered, Borough Council may on its own or through its agents, employees, or contractors, construct, reconstruct or repair the sidewalk and place a lien on the property together with a penalty as provided by law.
[Amended 4-2-2001 by Ord. No. 2-2001[1]]
Any person, firm or corporation who violates this article shall, upon conviction, be sentenced to pay a fine of not less than $50 nor 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).