A.
When any owner of any property within the Borough of Sayre shall construct, replace in its entirety or replace a portion of their sidewalk, or repair in conformance with the provisions of this article, or cause to construct, replace in its entirety or cause to repair a portion, or repair in conformance with the provisions of this article, any sidewalk abutting any street or state highway within the Borough, he or his representatives shall first make application for and obtain a permit to do so from the office of the Sayre Borough Secretary.
[Amended 4-16-1990 by Ord. No. 671]
B.
Every such application shall be accompanied by a fee in the amount set by the Borough Council by resolution for the processing of the application arid issuance of the permit and, further, for the inspection of the completed repairs.
[Amended 5-15-1985 by Ord. No. 602; 11-15-1999 by Ord. No. 769; 10-27-2003 by Ord. No. 825]
D.
Construction shall not commence under this section until the permit has been issued.
[Amended 11-15-1999 by Ord. No. 769]
E.
For purposes of the Sayre Borough Ordinance and specifically this section dealing with sidewalks, the Americans with Disabilities Act address the use of detectable warning surfaces for physically challenged individuals. The Act (ADA) requires that walking surfaces which adjoin or intersect hazard areas such as railroad tracks, streets, driveways, and open reflecting pools which are without curbs, railings or other barriers must include a section of detectable warnings at the edge of the hazardous area. For purposes of this article, the detectable warning surface shall be defined as the surface area of a sidewalk featuring a pattern of bumps, or truncated domes, designed to alert pedestrians who are blind or have low vision that are approaching a dangerous location."
[Added 1-23-2014 by Ord. No. 906]
(1)
Detectable warning surfaces shall be required on every handicapped ramp within every street that is being repaved or reconstructed and shall be installed by the Borough when any reconstruction work is performed on any street by the Borough.
(2)
Detectable warning surfaces shall be required on every handicapped ramp within every street that is part of a street opening project by a utility company and shall be installed by a utility company when the street opening work is performed on any street within a one-block area from the street opening project site.
(3)
To install the detectable warning surface, the handicapped ramp will have to be removed and replaced with the approved detectable warning surface.
(4)
In the event any detectable warning surface needs replacement as determined by the Borough, the Borough will be responsible for the replacement.
(5)
All of the sidewalk blocks that do not require detectable warning surface will continue to be the responsibility of the property owner.
(6)
If the Borough or a utility company has installed a detectable warning surface on a property owner's sidewalk any future repair or replacement will be the responsibility of the installer. The utility company shall only be required to repair or replace the warning surface for five years from the last day of installation of the detectable warning surface.