[Ord. No. 876-2023, 10/24/2023]
The following words when used in
this Part, unless the context clearly indicates otherwise, shall be
defined as follows:
COUNCIL
The Borough Council of the Borough of Hamburg.
ENGINEER
The Engineer of the Borough of Hamburg.
SIDEWALK AREA
The area between the street curbline and the right-of-way
line of a street as shown on recorded subdivision plans, or as established
by ordinance.
STREET
As defined in the Land Subdivision Ordinance of the Borough of Hamburg. It includes street, avenue,
boulevard, road, highway, expressway, thoroughfare, court, lane, alley,
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.
[Ord. No. 876-2023, 10/24/2023]
1. All existing sidewalks and curbs along
streets, alleys, public ways, or state highways within the Borough
shall be maintained for the use of pedestrians at the expense of the
owners of the abutting properties and shall be kept in good repair
and safe condition. Sidewalks and curbs shall be constructed and maintained
for the use of pedestrians at the expense of the owners of the abutting
properties along such streets, alleys, public ways, or state highways
within the Borough as determined by Borough Council or through its
agent (Code Enforcement Officer). Such sidewalks and curbs shall be
kept in good repair and safe condition.
2. Sidewalks and curbs shall be constructed,
repaired, or reconstructed according to the specifications and using
the materials set forth in this Part. Borough Council shall have the
right to grant a waiver or variance with regard to any of the requirements
or specifications set forth in this Part when necessary due to unusual
or unique circumstances of a property. Requests for variances shall
be in writing and grant of a variance and any necessary terms and
conditions of variance shall be in writing. In the event a curb or
sidewalk is not constructed, repaired, or reconstructed in accordance
with the terms of the variance within six months of the date the variance
is granted, the variance shall expire.
3. Borough Council may, at its discretion and through its agent (Code Enforcement Officer), inspect any sidewalk or curb within the Borough as part of a periodic inspection or at the request of any person. Following such inspection and in accordance with §
21-207 and/or §
21-208 below, the Borough shall either issue a written certification of compliance with the terms of this Part or a notice to construct, repair, or reconstruct in accordance with the specifications in this Part.
4. Borough Council shall be notified of any transfer of title in property which abuts any street, alley, public way, or state highway within the Borough. Upon receipt of such notice, Borough Council, through its agent (Code Enforcement Officer), shall inspect the property and any existing sidewalks and curbs and, following such inspection and in accordance with §
21-207 and/or §
21-208 below, either issue a written certification of compliance with the terms of this Part or a notice to construct, repair, or reconstruct in accordance with the specifications in this Part. Such notice to the Borough of transfer of title or interest shall be given as follows.
A. At least 10 days prior to the transfer
by deed the Borough shall receive notice of the proposed transfer.
B. Both the transferor and the transferee
shall be responsible for notifying the Borough of the proposed transfer
of title. Notice given by either the transferor, the transferee, or
by the authorized agent of either shall satisfy the requirements of
this section.
5. Upon application for a building permit for any property which abuts any street, alley, public way, or state highway within the Borough, Borough Council through its agent (Code Enforcement Officer) shall inspect the property and any existing sidewalks or curbs and following such inspection and in accordance with §
21-207 and/or §
21-208 below, either issue a written certification of compliance with the terms of this Part or notice to construct, repair, or reconstruct in accordance with the specifications in this Part.
6. Upon failure of a property owner to comply with any notice given pursuant to §
21-207 and/or §
21-208 below, the Borough shall have the right to do the work or cause the work to be done at the cost of the properly owner and may collect the cost thereof, and 10% additional, together with all charges and expenses and file a municipal claim or lien therefor or collect the same by civil action.
[Ord. No. 876-2023, 10/24/2023]
1. The grading of sidewalk areas, the constructing
and repairing of sidewalks, curbs, curb ramps, and driveway entrances
along the streets of the Borough of Hamburg shall be done by the owner
or owners of the lot or lots abutting thereon in accordance with the
lines and grades established by ordinance or as shown on the topographical
survey and revisions thereto of the Borough of Hamburg and in accordance
with details shown in Appendix A, copies of which plan are attached
to this Part and other copies thereof being on file with the Borough.
2. It is hereby declared unlawful for any
person, firm, or corporation to grade any sidewalk area, construct
or repair any retaining wall within the Borough of Hamburg, except
in compliance with the provisions of this Part.
3. Any person, firm or corporation desiring
to grade any sidewalk area, which is defined as the area located between
the curbline and the building line as shown on the topographical survey
and revisions thereto of the Borough of Hamburg or desiring to construct
or repair any sidewalk, curb, curb ramp, driveway entrance, or front
or rear retaining wall, shall first obtain an application therefor
from the Borough, a permit shall be issued by the Borough only after
the following conditions have been satisfied:
A. The filing of a written application with
the Borough upon such form as is approved by the Borough Council,
by resolution, setting forth the location, purpose and detailed description
of the improvements;
B. The approval of said application by the
Borough Manager;
C. The payment of an established fee in accordance
with the fee schedule adopted by resolution shall be paid to the Borough
at the time of filing written application; which fee shall be the
total fee regardless of the number of improvements set forth in the
application;
D. In all cases of new construction of any
curb or in the case of any other type improvement when requested by
the applicant, the Borough Engineer, if he deems it necessary, shall
furnish applicant with necessary lines and/or grades. 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 Borough Manager, for a period of 90 days upon the application
and established renewal fee in accordance with the fee schedule for
each 90 days by the person, firm, or corporation to whom the original
permit was issued, providing that the reference points have not been
disturbed or destroyed. When reference points have been disturbed,
they shall be re-established at the applicant's expense.
E. Combination curb and gutter is not permitted
unless approved by Borough Council;
F. Notification shall be given to the applicant
that all work for which a permit is required shall be inspected throughout
the time of construction by Borough officials; and
G. The applicant for permit for any improvements
covered by this Part shall state in writing on the application for
permit that he is thoroughly familiar with all terms and provisions
of this Part.
H. The form of application and permit shall
be adopted from time to time by the Borough Council by resolution.
A copy thereof shall remain on file at the office of the Borough.
4. All sidewalk areas shall be graded and
all sidewalks, curbs, curb ramps, driveway entrances and front or
rear retaining walls shall be constructed, reconstructed or repaired
in conformance with the hereinafter details and specifications adopted
by Council only on the grades and lines as shown on the topographical
survey and revisions thereto of the Borough of Hamburg, and furnished
by the Borough Engineer, and in accordance with the following provisions:
A. All sidewalk areas shall conform to curb
grades except that the area shall have a quarter-inch ascending pitch
per foot measured from the outside curb face to the right-of-way line
of the street.
B. All separate curbs shall be eight inches
wide across the top, shall be nine inches wide, seven inches below
the top of curb at gutter elevation, and shall extend for a width
of nine inches downward to a point 18 inches from the top of the finished
curb.
C. The outside edge of all sidewalks shall
be set back from the inside face of the curb in accordance with the
pavement reservation width as shown on the typical sidewalk sections
as noted in Appendix A. In addition, where either a grass plot exists or no grass
plot presently exists adjacent to existing sidewalk that is to be
repaired or replaced, Borough Council by resolution may direct that
the grass plot area requirement be waived and that the width of the
sidewalk area be reduced to such width as Borough Council may deem
necessary and appropriate under the particular circumstances. No surface
gutters are permitted on newly constructed sidewalks. All subsurface
rain water conductors shall be installed under sidewalk area and shall
be constructed in accordance with the Plumbing Code of the Borough
of Hamburg, as amended and supplemented.
D. All drains, rainwater conductors, or roof
drains shall be installed under the sidewalk and shall be a size of
four inches inside diameter.
(1)
Materials for drains shall be Schedule
40 polyvinyl chloride (PVC) pipe. Cast iron may be required based
on anticipated vehicle loading requirements.
(2)
Installation of said drains shall
be in such a manner that the invert of the drain shall be one inch
above the invert of the gutter flow line.
(3)
Over top of each drain pipe that
passes through the curb, two No. 3 rebars, one foot long and having
a 15° bend in the middle, shall be installed with end pointing
down and in such a manner to be equal distance from the drain to the
top of curb and also equal distance from the face of curb and the
rear of curb.
E. All sidewalks shall be five feet in width
except on eight feet wide reservation or less where the concrete sidewalk
shall be four feet in width and not less than five inches in thickness
and the surface shall have a quarter-inch pitch per lineal foot ascending
from the outside face of the curb to the right-of-way of the street.
Notwithstanding anything to the contrary contained in this Part, all
sidewalks and curbs shall conform as to size with the majority type
of then existing sidewalks and curb in the same block.
F. All sidewalks shall be constructed of a
minimum thickness of five inches of 3,500 pound concrete after 28
days' curing time with air retaining equivalent to 5% plus or minus
1%, with the exception of areas being used as driveways which shall
have a minimum thickness of eight inches. All concrete material must
be ready-mix from a PennDOT approved plant. The Borough may require
copies of the plant mix design and daily certifications. All sidewalks
shall have a four-inch base of clean three-fourth-inch crushed stone
(AASHTO No. 57 or PennDOT No. 2B). Expansion joints shall consist
of a one-half-inch preformed, nonextruding, resilient bituminous joint
filler material to be placed the full depth at the sidewalk every
20 feet and scored joints shall be placed every four feet. Saw-cutting
sidewalk for scored joints is prohibited.
(1)
Areas of sidewalks that fall within
the limits of a commercial driveway shall have a minimum thickness
of eight inches and shall have an appropriate amount of reinforcing
steel installed to handle the anticipated loading requirements.
G. All driveway entrances shall: have a minimum
curb radius of two feet and a maximum curb radius of four feet eight
inches; have the outside edge raised 1 3/4 inches above the flowline
of the gutter; and shall have a straight slope there from to the prescribed
outside edge of sidewalk, shall have a sidewalk surface of the same
grade and width prescribed for sidewalks, and all driveway entrances,
slope and sidewalk surface shall be eight inches in thickness. No
single driveway entrance for one-car garage shall be constructed with
a frontage exceeding 12 feet measured along the building line. In
lieu of driveway entrance having curb radii as part of its construction,
a depressed curb driveway entrance may be used as set forth on the
curb and sidewalk as noted in Appendix A.
(1)
No single driveway entrance for a
garage for two or more cars shall be constructed with a frontage or
width exceeding 16 feet measured along the right-of-way line, except
upon specific approval by resolution of said Council. Such specific
approval shall be given only when it is not contrary to the public
interest and when owing to special conditions, unnecessary hardship
would result. The width of any single business, commercial or industrial
driveway entrance shall not exceed 35 feet in width and shall be subject
to the approval of Borough Council.
(2)
Driveway entrances shall in no way
impede the flow of stormwater runoff in the cartway area of the streets.
(3)
All driveways to be used for business,
commercial, or industrial uses shall be constructed with reinforcing
steel of a design adequate to handle the proposed loading, and said
design shall be subject to the approval of the Borough Engineer.
(4)
Existing driveway entrances to be
replaced may require line and grade provided by the Borough to ensure
compliance with requirements of this Part.
H. All driveways shall be constructed as follows:
(1)
Radius curb and depressed curb driveways
shall have the outside edge raised 1 and 3/4 inches above the flow
line of the gutter.
(2)
Radius curb and depressed curb driveways
shall have a straight slope from the rear of the curb to the outside
edge of the sidewalk.
(3)
All driveways located within the
rights-of-way of public streets shall have a minimum of four-inch
depth of clean three-fourth-inch crushed stone (AASHTO No. 57 or PennDOT
No. 2B).
(4)
All concrete used on driveways within
the rights-of-way of public streets shall be an ultimate strength
of 3,500 pounds per square inch at 28 days and containing 5% plus
or minus 1% air by volume. All concrete material must be ready-mix
from a PennDOT approved plant. The Borough may require copies of the
plant mix design and daily certifications.
(5)
All driveways shall have a finish
equivalent to that of the adjoining sidewalk, while the finish for
curb radius, depressed curb shall be the same as adjoining curbing.
(6)
All driveways shall be constructed
with the appropriate reinforcing steel as noted on the drawings.
(7)
The outside edge of all front retaining
walls, defined as those located along any street, shall be on or in
back of the right-of-way line as shown on the topographical survey
and revisions thereto of the Borough of Hamburg and the outside edge
of all rear retaining walls shall be on or in back of the alley line
as shown on the topographical survey and revisions thereto of the
Borough of Hamburg, and shall be constructed in accordance with good
engineering practice of such height, thickness and materials as shall
be approved by the Borough. When a retaining wall presently existing
in violation of this Part is to be replaced or partially replaced,
it must be replaced in its entirety in conformity with the provisions
of this Part.
I. Materials for construction of concrete
curbing shall be as follows:
(1)
All concrete curbing shall be constructed
on a four-inch-depth of clean three-fourth-inch crushed stone (AASHTO
No. 57 or PennDOT No. 2B). The concrete shall have a 3,500 pounds
per square inch (3,500 psi) compressive strength when cured for 28
days with an air entrainment equivalent of 5% plus or minus 1%. All
concrete material must be ready-mix from a PennDOT approved plant.
The Borough may require copies of the plant mix design and daily certifications.
No concrete shall be poured in freezing conditions without the approval
of the Borough Engineer. Expansion joints shall consist of one-half-inch
pre-molded, nonextruding, bitumastic material to be used, for the
entire depth of the curb, and where the sidewalk meets the outside
face of curbing or wall, at a distance of 20 feet with scored joints
every 10 feet.
(2)
If appropriate, the contractor may
request permission to construct curbing using slip-form methods. Such
request shall be submitted to the Borough, in writing, outlining the
proposed details of the construction. Slip-form construction methods
may vary from standard poured-in-place curb construction with the
approval of the Borough Council and the Borough Engineer. For slip-form
curb (4,000 psi minimum) expansion joints may be installed every 50
feet with scored joints every 10 feet. All concrete material must
be ready-mix from a PennDOT approved plant. The Borough may require
copies of the plant mix design and daily certifications.
J. The top surfaces of sidewalks, curbs, ADA
curb ramps, and driveway entrances shall receive a floated, slip-resistant
finish, and the finish tolerance shall be a true plane within 1/4
inch in 10 feet. The exposed vertical surfaces of curbs, curb ramps,
and driveway entrances shall be repaired of all honeycombed and defective
areas, and shall receive a smooth-rubbed finish. This finish shall
be produced by wetting the surfaces and rubbing with a carborundum
brick, or otherwise abrasive, until a uniform color and texture are
produced. The finishing shall be completed no later than 24 hours
old.
(1)
Immediately after finishing, all
concrete shall be cured by using either an approved, impervious, light-colored
plastic covering placed and maintained in contact with the concrete
surface, or an approved, impervious, light-colored liquid curing compound
sprayed on the concrete surface. The curing shall be continued for
at least five days.
(2)
The Borough Engineer may reject any
concrete sidewalks, curbs, curb ramps, and driveway entrances which
do not conform to the requirements of this Part or the generally accepted
standards of the American Concrete Institute.
(3)
Jacking of concrete sidewalk is permitted
only by approval of the Borough. Method of jacking and specifications
must be submitted in writing to be reviewed by the Borough.
(4)
Concrete sidewalk, curbs, curb ramps
and driveway entrances cannot be "capped" with concrete or any other
materials for repair and replacement. Concrete must be removed in
its entirety and replaced in accordance with the Part.
5. On neglect or refusal of the owner or owners
of the abutting lot or lots to grade any sidewalk areas, to construct
and/or repair any sidewalk, to construct, set, reset, repair any curb,
curb ramp, or driveway entrance, within 30 days after notice so to
do from the Council of said Borough, to 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 and 10% additional,
together with all charges and expenses, and if payment is not made,
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.
6. Sidewalk areas not graded, or sidewalks, curbs, curb ramps, and driveway entrances not laid in conformity with the provisions of this Part and with the established grades and lines shown on the topographical survey and revisions thereto of the Borough of Hamburg, are hereby declared to be nuisances, and must be taken up and regraded, and/or relayed according to the provisions of this Part within 30 days after notice to the owner or owners so to do by said Council, and upon failure of said owner or owners thereof to regrade said sidewalk area, and/or relay said sidewalk, curb, curb ramp, or driveway entrance within the time stipulated, said Council shall cause the same to be done in the manner herein provided and said Council shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner hereinbefore provided in Subsection
5.
7. No sidewalk, curb, curb ramp, or driveway entrance heretofore laid with material or materials not described herein shall be permitted to be repaired, but whenever any such sidewalk, curb, curb ramp, or driveway entrance becomes, in the opinion of Council, in a dangerous and/or deteriorated condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to relay the sidewalk, curb, curb ramp, or driveway entrance with the material herein provided, and upon his, her, its or their failure to do so within 30 days after notice, said Council shall cause the same to be done in the manner herein provided and said Council shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner hereinbefore provided in Subsection
5, not to exceed $500.
8. Treeplates shall be installed in lieu of curbing where trees are located between the curbing and sidewalk (planting strip) and where the curb would need to be replaced per §
21-207, Subsection
4. Treeplates shall conform to Specifications as noted in Appendix A. Sidewalk will be permitted to be offset at location of
street tree in accordance with Specifications in Appendix A.
9. Curb and sidewalk shall be constructed
along the front of each lot within the Borough on which a new building
or structure other than a private garage is constructed where said
lot adjoins a public street, alley, road or highway.
In the case of a corner lot, curbing
and sidewalk shall be constructed along both the front of the lot
and side of the lot adjacent to the public street, road or highway.
In the case of industrial or commercial development, the Council of
the Borough of Hamburg by resolution may waive any or all of the requirements
in this subsection if in its opinion said development is located in
an area of the Borough where curb and/or sidewalk is neither desirable
nor necessary. Such curb and sidewalk shall be constructed within
60 days after such a new building or structure is completed and/or
ready for occupancy.
10. All details as specified in the plan attached shall be considered as having the force of all written
paragraphs contained in the body of this Part.
11. Pavement restoration shall be provided
for all curbing, driveway ramps and ADA curb ramps in accordance with
the details as noted in Appendix A. At a minimum, open excavations shall be backfilled and
temporary pavement restoration installed until permanent pavement
restoration can be completed in accordance with the Details as noted
in Appendix A.
12. Contractor and/or property owner will be
responsible to provide work zone traffic control for sidewalk, curb,
curb ramps and driveway entrances in accordance with PennDOT Publication
No. 213. The contractor and/or property owner shall restore sidewalk,
curb, curb ramps and driveway entrances within seven working days
of removal of existing concrete. The pavement restoration must be
completed within seven working days with temporary pavement restoration
installed immediately after completion of the concrete.
[Ord. No. 876-2023, 10/24/2023]
1. It is hereby unlawful for trees, evergreens,
hedges, plants or shrubbery to be planted by any person, firm or corporation
within two feet of the topographical building line along any street,
or for any trees, evergreens, hedges, plants or shrubbery to be planted
by any person, firm or corporation in any sidewalk areas which is
defined as the area located between the topographical curbline and
the topographical building line as shown on the topographical survey
and revisions thereto of the Borough of Hamburg, in the prescribed
grass plot areas between the curb and sidewalk, whether the grass
plot area exists in fact or whether it is paved as an addition to
the sidewalk. Shade trees may be planted in the prescribed grass plot
areas between the curb and sidewalk only with approval of Borough
Council or its authorized representatives. Any trees, evergreens,
hedges, plants or shrubbery planted in violation of this section or
creating a hazardous or potentially hazardous condition must be removed
within 30 days after notice to the owner or owners of the respective
lot or lots or property, so to do by the aforesaid Borough Council,
and upon failure of said owner or owners to accomplish this 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, and if payment
is not made, shall file a municipal lien therefor against such lot
or lots or property, or shall bring an action in assumpsit against
said owner or owners for collection thereof.
2. No trees or shrubbery shall be planted
on a corner property in any manner that would not conform with sight
distance requirements of the Land Development and Subdivision Ordinance
and/or Zoning Ordinance.
[Ord. No. 876-2023, 10/24/2023]
Any person, firm or corporation grading
any sidewalk areas, or constructing or repairing any curbs, gutters,
sidewalks, curb ramps, driveway entrances or retaining walls, or removing
any trees or shrubbery, or opening or excavating in or under any streets,
alleys or sidewalk areas, or storing or depositing materials on any
streets, alleys, or sidewalk areas, shall place suitable signs, barriers,
and/or lights so as to protect the users of streets, alleys or sidewalk
areas in the vicinity thereof from injury to person or property. In
the event that Borough Council through its authorized officials, directs
the person, firm or corporation conducting the work to place a certain
type and/or quantity of signs, barriers or lights in a certain manner,
said person, firm or corporation shall promptly comply with such direction.
If work is being performed in or along any state highway located in
the Borough of Hamburg, a highway occupancy permit shall be obtained
from the Pennsylvania Department of Transportation (PennDOT) prior
to the start of any construction. All PennDOT regulations shall be
followed regarding traffic control devices while construction is being
done in or along any state highway.
[Ord. No. 876-2023, 10/24/2023]
1. All subsurface rain water conductors shall
be placed in such a manner that the top of pipe will not be less than
two inches from top of curb with expansion joints placed vertically
to the center line of pipe.
2. All individual home services for public
utilities (excluding gas services) shall be raised and/or lowered
to proper curb elevation by the person, firm, or corporation installing
the concrete curb, curb ramps, driveways and sidewalks.
3. All traffic signs removed during construction
of concrete curb, curb ramps, sidewalk, and/or driveways shall be
replaced by person, firm or corporation performing the installation.
[Ord. No. 876-2023, 10/24/2023]
1. Borough officials will be directed to verify
the condition of existing curbing for adequate structural condition,
proper alignment and conformance with Borough ordinances. The Borough
will also inspect curbing along all streets which are scheduled for
any Borough streets improvement project.
2. The Borough will mark areas of existing
curbing to be removed and replaced. Official notices shall be given
to the owner to complete the curb replacement in accordance with the
prescribed details and specifications within 90 days or as determined
by Borough Council after notice.
3. Failure of said owner or owners to do so
within the 90 days or as determined by 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. A surcharge cost of 10%
of total construction cost or $500 maximum cost will be responsible
by the property owner.
4. All inspected curbing must meet the minimum
criteria listed below or be replaced in order to come into compliance:
A. The top, street side, edge of curb shall
not be out of horizontal alignment by more than 1 1/2 inches, and
not more than two inches vertically of the curbline as determined
by Borough Engineer and established on the Borough topographic plan,
unless a hazard is created due to improper alignment of the existing
curb.
B. Each section of curbing must be structurally
sound and in one continuous unit. Deterioration shall include cracking,
scaling, spalling, vehicular, fire damage and/or surface disintegration.
Surface disintegration is a deterioration of the concrete resulting
in an irregular surface with depressions greater than 1/2 inch in
depth.
C. The face of curb shall have one-inch batter
from vertical, away from the street, beginning at the gutter line.
D. Patching is only acceptable by a method
approved by Borough Engineer for cosmetic purposes only to curb, and
shall not be used for structural repairs to the curb. "Capping" of
existing curb is not permitted.
E. In the case of curbing, if 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.
F. All new curbing must be constructed in
accordance with the stakeout alignment provided by the Borough.
[Ord. No. 876-2023, 10/24/2023]
1. Existing sidewalks will be inspected to
verify that the existing sidewalk is of adequate condition and in
proper alignment.
2. All inspected sidewalks must meet the minimum
criteria listed below or be replaced in order to come in compliance.
Inspection notices will be sent to property owners in March. Sidewalk
replacement must be completed within 90 days or as directed by Borough
Council.
A. Adjacent concrete panels may have a maximum
elevation difference between panels of one inch at any point.
B. Sidewalk panels abutting curbs or curb
ramps may have a maximum elevation difference between the sidewalk
and the curb or curb ramp of one inch at any point within the normal
pedestrian path of said sidewalk.
C. Sidewalk panels shall have no more than
one crack flush to the surface, crossing the full length or width,
in any panel. If a difference in elevation occurs along the crack
and creates a hazard for pedestrians, the entire panel shall be replaced.
D. Sidewalk panels shall have a structurally
sound surface without any spalling, scaling, cracking, vehicular,
fire damage, crazing or other deterioration of the surface. Surface
disintegration is a deterioration of the concrete resulting in an
irregular surface with depressions.
E. Sidewalk grade/location for sidewalks not abutting curbs, curb ramps or other sidewalk panels shall be within two inches horizontally and vertically of the grade/location as established by §
21-203 of this Part.
F. In the case of concrete sidewalks, if 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 entire block shall be replaced in its
entirety. Patching of sidewalk is only acceptable by a method approved
by Borough Engineer. "Capping" of sidewalk is not permitted.
G. In the case of concrete driveway entrances,
if more than 20% of the total area requires replacement, then the
entire area shall be replaced.
H. Sidewalk with a reverse grade or which
is settled, causing the ponding of water and/or formation of ice shall
be replaced.
I. Sidewalk panels adjacent to existing curbing
shall not exceed 1 1/2 inches in elevation differences.
[Ord. No. 876-2023, 10/24/2023]
1. Location. Curb ramps shall be provided
wherever an accessible route crosses a curb. These locations shall
include, but are not limited to, street intersections, alley intersections,
public or private drive intersections and points of termination of
pedestrian accessible routes at other locations.
2. Accessible routes shall include, but not
be limited to, sidewalks, walks, paths, parking access aisles, and
crosswalks and shall be a continuous unobstructed path connecting
all accessible elements.
3. ADA curb ramps shall be short ramps cutting
through a curb and shall be in accordance with the attached details
and specifications.
4. The type of curb ramp required at any location
shall be determined by the Borough and shall comply with all "Americans
with Disabilities Act" requirements in accordance with the attached
details.
5. Curb ramps shall have a maximum slope of
1:12. Transitions from ramps to walks, gutters or streets shall be
flush and free of abrupt changes. The minimum width of a curb ramp
shall be 48 inches, exclusive of flared sides. If a curb ramp is located
where pedestrians must walk across the ramp, it shall have flared
sides, the maximum slope of the flare shall be 1:12.
6. Built-up curb ramps in lieu of curb cuts
are not permitted without approval of Borough Council.
7. Ramps shall be separated from curb and
sidewalks with one-half-inch expansion material. Curbing and sidewalk
sections shall be poured separately for all ADA curb ramps with No.
4 dowels at sixteen-inch O.C. where concrete ramp abuts curbing. Monolithic
pours of combined curb and sidewalk may be permitted with prior approval
by Borough Engineer.
8. ADA curb ramps shall be constructed with
pedestrian warning devices in accordance with Labor and Industry Standards.
Unless undertaken as a Borough funded project, the installation and
maintenance of ADA curb ramps is the responsibility of the property
owner.
9. Pneumatic tools shall be used for demolition
of existing concrete material. Machinery (backhoe) shall not be permitted.
10. Saw-cut joints are not permitted for scored
joints. Scored joints must be done with proper concrete tools.
[Ord. No. 876-2023, 10/24/2023]
Any person, firm or corporation applying
for any permit under this Part shall indemnify the Borough of Hamburg
against all liability of whatever nature arising during the performance
of work or as a result of work for which a permit is granted, whether
or not said liability arises as a result of the negligence of the
person, firm, or corporation to whom the permit was issued.
[Ord. No. 876-2023, 10/24/2023]
1. Any person violating any of the provisions
of this Part shall be liable to pay a fine of not less than $50 nor
more than $1,000 and costs, to be recovered in the name of the Borough
of Hamburg before the District Justice according to law, and in default
of payment thereof shall undergo imprisonment for a period of not
more than 30 days.
2. The Borough Council may revoke any permit
issued to any person, firm, or corporation violating any of the provisions
of this Part.
3. The imposition of penalties herein prescribed
shall not preclude the Borough from instituting an appropriate action
or proceeding to prevent the performance of work or acts declared
to be unlawful under the provisions of this Part, or to restrain,
correct or abate a violation, or seek relief by a complaint in equity.
[Ord. No. 876-2023, 10/24/2023]
1. All ordinances or parts of ordinances inconsistent
herewith are hereby repealed insofar as they apply to permits issued
or acts or violations occurring before the effective date of this
Part. Any other ordinances or parts of ordinances conflicting with
the provisions of this Part are hereby repealed insofar as they are
inconsistent with the provisions of this Part.
2. Notwithstanding anything hereinabove set
forth, whenever the provisions of this Part shall be inconsistent
with the provisions of the Subdivision Regulations of the Borough of Hamburg as from time to time are in
effect and the provisions of said Subdivision Regulations are more
restrictive or contain more stringent requirements than are set forth
in the within Part, then in such event the provisions of said Subdivision
Regulations shall prevail and be applicable.