[Ord. No. 876-2023, 10/24/2023[1]]
The following words when used in this Part, unless the context clearly indicates otherwise, shall be defined as follows:
BOROUGH
The Borough of Hamburg.
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[2] 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.
[1]
Editor's note: This ordinance amended in its entirety Part 2, Sidewalks, formerly comprised of Article A, Repair or Construction, adopted by Ord. 753-07, 12/26/2007; as amended by Ord. No. 866-2022, 5/24/2022; Article B, Snow and Ice Removal, adopted by Ord. 761-09, 2/23/2009; as amended by Ord. 805-14, 6/23/2014; and Article C, Curb Ramps, adopted by Ord. 761-09, 2/23/2009.
[2]
Editor's Note: See Ch. 22, Subdivision and Land Development.
[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.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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.[2] 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.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
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.[3]
(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.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
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.[4]
[4]
Editor's Note: Said drawings are included as attachments to this chapter.
(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.[5] Sidewalk will be permitted to be offset at location of street tree in accordance with Specifications in Appendix A.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
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[6] shall be considered as having the force of all written paragraphs contained in the body of this Part.
[6]
Editor's Note: Said details are included as attachments to this chapter.
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.[7] 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.
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
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.[1]
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development, and Ch. 27, Zoning, respectively.
[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[1] 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.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.