[Adopted 6-1-1970 by Ord. No. 8-70; amended
in its entirety 6-4-2012 by Ord. No. 2012-06]
[Added 10-5-2015 by Ord.
No. 2015-06[1]]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any street, avenue, boulevard, road, highway, freeway, parkway
or other ways intended to be used by vehicular traffic or pedestrians,
But Not including a minor street which provides secondary access to
the back or side of properties otherwise abutting a street.
Any new construction, repairing, or relaying of sidewalks or curbs shall be in strict conformity with this chapter and these regulations; provided, however, that the Board of Appeals may make minor adjustments or alter these regulations where special or unusual topographic and/or physical conditions exist or where other physical circumstances or safety conditions render sidewalks impractical or infeasible. Decisions of the Board of Appeals shall be by a majority of its members and shall comply with the provisions of Chapter 11, Article V, of this Code.
[Amended 10-5-2015 by Ord. No. 2015-06]
Every owner of land abutting any public street or public alley
in the Borough shall maintain existing sidewalks and curbs abutting
such land in a safe condition as the Borough shall deem appropriate
and in conformity with standards and specifications that the Borough
Council may from time to time designate by resolution or written policy.
A.
Every owner of property abutting any public street in the Borough
shall construct, repair or relay sidewalk and/or curb upon service
of a written notice to do so by the Borough.
[Amended 10-5-2015 by Ord. No. 2015-06]
B.
Notice to construct, pave, repave and repair sidewalks, curbs or
gutters shall be given by registered or certified mail to abutting
property owners, and such owners shall have 30 days to comply with
said notice in conformity with the standards and specifications established
by resolution unless said notice shall specifically provide for a
longer period of time to comply. However, if the sidewalks, curbs,
or gutters may cause an immediate public danger, as determined by
the Borough, the Borough may require immediate abatement. In no case
shall the time period specified exceed 90 days, except during inclement
or unseasonable weather in which case the party responsible for the
repair/replacement or installation shall post a financial guarantee
in lieu of the repair period.
C.
Upon failure of any property owner to comply with § 169-18A and B above within 10 days after the expiration of a notice to construct, the Borough may cause such construction, repairing or relaying, as the case may be, either by letting the work to contractors after advertisements, if required, or by employees of the Borough. The cost thereof and an additional 10%, together with all charges and expenses, as well as interest from the date of completion of the work at the rate of 6% per annum. In the event the property owner fails to remit said costs and expenses to the Borough, said costs and expenses as well as attorney fees and court costs shall be collected from such owner by filing a municipal claim/lien therefor and by action of assumpsit. Interest on the municipal claim/lien shall be collectible at the rate of 10% per annum from the date of the filing of the municipal claim/lien.
[Amended 7-7-2014 by Ord. No. 2014-05]
A.
All owners of real estate in the Borough of Greencastle who hereafter secure a land use permit for the construction of any building within the Borough shall, within six months after the securing of such permit, construct a concrete curb and sidewalk along the public street on which said real estate abuts, said curb and sidewalk to be constructed at the location designated by the Borough Manager or his/her designee. Said owners of real estate shall include with the building permit application a sidewalk permit application and curb/sidewalk deposit in an amount the Borough Council may from time to time determine by resolution. Upon failure of the owner of the real estate to construct a concrete curb and sidewalk within 60 days following issue of a certificate of occupancy, the Borough, after proper notice in accordance with § 169-18 above, may cause the installation of curb and sidewalk to be done.
[Amended 10-5-2015 by Ord. No. 2015-06]
B.
Unless required sooner by resolution or written policy, currently
developed properties that do not have sidewalks or curbs shall install
sidewalks and curbs, as required by this article, in conjunction with
a capital improvement to the property in excess of $20,000 in value,
as determined by the value of the improvement on the building permit,
subject however to any other exemptions of this article.
C.
In the event of change in ownership of currently developed properties,
the new property owner shall have three years from the date of the
closing on the property to install sidewalks and/or curbs, as required
by this article, subject however to any other exemptions of this article.
A permit must first be obtained from the Borough prior to any
construction of new sidewalks or curbs and prior to any repairing
or relaying of sidewalks or curbs.
A permit shall not be valid until such fees as the Borough Council
may establish from time to time by resolution have been paid. Any
permit issued shall become invalid if the authorized work is not commenced
within six months after issuance of the permit or if the authorized
work is suspended or abandoned for a period of six months after the
time of commencing the work. The Borough may revoke a permit or approval
issued under the provisions of this chapter in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based.
All curbs and sidewalks, when formed, shall be inspected by
the Borough prior to the pouring of concrete. A minimum 24 hours'
notice shall be given prior to the start of concrete placement. Upon
completion of the construction, repair or relay of the same, the Borough
shall be contacted in order that a final inspection of the forms can
be made for approval.
The Borough shall provide line, grade and specifications for
all new construction, repairing and relaying of sidewalks except that
the Borough shall not be responsible for establishing line and grade
in new developments.
A.
All curbing hereafter constructed or reconstructed shall be constructed
or reconstructed, as the case may be, in conformity with the official
specifications for curbing as adopted by the Borough Council from
time to time by resolution.
B.
All sidewalks hereafter constructed or reconstructed shall be constructed
or reconstructed, as the case may be, in conformity with the official
specifications for sidewalks as adopted by the Borough Council from
time to time by resolution.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, plus costs of prosecution, and, in default of payment thereof,
to imprisonment of not more than 30 days. Each day the violation occurs
shall constitute a new and separate violation.
B.
An owner may, within 10 days of the Borough mailing notice in accordance with § 169-18, or of receiving a notice of violation as set forth herein, notify the Borough Office, in writing, of an intent to appeal the notice or determination, and such appeal shall be reviewed by the Board of Appeals appointed by the Borough and such determination may be modified or reversed entirely by the Board in the event it appears that such work would either be impractical or unnecessary in view of the purpose of the sidewalk and curbing and under the topographical and other physical circumstances of the property in question. Decisions of the Board of Appeals shall be by a majority of its members and the Board shall render its decisions within 15 days of receipt of the appeal notice to the Borough. The notice of intent to appeal shall be in such form and contain such information as may be required by the Board of Appeals.
During the excavation, construction, repair or relay, curing
and backfilling of any curb and/or sidewalk, the owner shall place
and maintain, or cause to be placed or maintained, adequate hazard
warnings to vehicular and pedestrian traffic by means of barricades,
flares, lights or similar means. The owner shall be solely responsible
and liable for the adequate placement of such hazard warnings.
The Borough may, at its discretion, establish a program of inspecting
sidewalks and curbs within the Borough to ensure that existing sidewalks
and curbs are maintained in a safe and functional manner in conformity
with the Borough's established grades, lines and specifications.
Said program may provide for dividing the Borough into zones, with
different zones being inspected periodically.