[Adopted 11-21-2000 by Ord. No. 840 (Ch. XX, Part 2A, of the 1993 Code of Ordinances)]
[Amended 4-15-2003 by Ord. No. 881]
A. 
The grading of sidewalks areas, the constructing and repairing of sidewalks, curbs, curb ramps, and driveway entrances along the streets of the Borough of West Reading 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 West Reading completed by Spotts Engineering Associates, Inc., on Plan No. 32-14-S dated December 13, 1967, and in accordance with the details set forth on Drawing Nos. 00-22-01 through 00-22-12, and other copies thereof being on file with the Borough Secretary.[1]
[1]
Editor's Note: Drawing Nos. 00-22-01 through 00-22-12 are included in Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
B. 
It is hereby declared unlawful for any person, firm or corporation to grade any sidewalk area, construct or repair any sidewalk, curb, curb ramp, driveway entrance, or front or rear retaining wall within the Borough of West Reading except in compliance with the provisions of this article.
C. 
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 Borough topographical survey previously referenced in Subsection A of this section and revisions thereto of the Borough of West Reading, or desiring to construct or repair any sidewalk, curb, curb ramp or driveway entrance shall first obtain an application therefor from the Borough Code Enforcement Officer. A permit shall only be issued by the Borough Code Enforcement Officer after the following conditions have been satisfied:
(1) 
The filing of a written application with the Borough Code Enforcement Officer upon such form as is approved by the Borough Council from time to time by resolution, setting forth the location, purpose and detailed description of the improvements;
(2) 
The payment of a permit fee, according to the current fee schedule, adopted by the Borough Council from time to time by resolution, at the time of the filing of applications, which fee shall be the total fee regardless of the number of improvements set forth in the application;
(3) 
In all cases of new construction of any curb or in cases of any other type of improvement when requested by the applicant, the Borough Engineer, if he deems it necessary, shall furnish the applicant with the necessary lines and/or grades. The costs for the construction stakeout and excavation grade sheets shall be paid by the permit applicant in addition to the regular permit fees. A permit shall be effective for a period of 90 days from the date of issuance, and may, prior to expiration of the original or applicable renewal period, be renewed by the Borough Code Enforcement Officer for a period of 90 days upon application and payment of a renewal fee, approved by the Borough Council from time to time by resolution, by the person, firm or corporation to whom the original permit was issued;
(4) 
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 the Borough Code Enforcement Officer; and
(5) 
The applicant for a permit for any improvements covered by this article shall state, in writing, on the application for permit that he is thoroughly familiar with all terms and provisions of this article.
D. 
All sidewalk areas shall be graded and all sidewalks, curbs, curb ramps and driveway entrances shall be constructed, reconstructed or repaired only on the grades and lines as shown on the topographical survey and revisions thereto of the Borough of West Reading and furnished by the Borough Engineer, and in accordance with the following provisions:
(1) 
All sidewalk areas shall conform to curb grades except that the area shall have a 1/4 inch per foot ascending pitch per foot measured from the outside curbline to the building line of the respective lot or property.
(2) 
All separate curbs shall be eight inches wide at the base and eight inches wide at the intersection of the curb and gutter line, containing a one-inch batter from the gutter line to the top, finishing with a seven-inch top of curb width.
(3) 
Where a tree root system has encroached upon the area necessary for installation of a curb section, or if it is deemed that a tree adjacent to the curb may alter the curb alignment during future growth, a tree plate, as set forth on Drawing No. 00-22-08,[2] shall be installed. All guidelines for work around trees as set forth in Chapter 424, Trees, Article I, Public Shade Trees, of the Code of the Borough of West Reading, as amended and supplemented from time to time, shall be observed.
[2]
Editor's Note: See Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
(4) 
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 specified on the typical sidewalk section set forth on Drawing No. 00-22-01.[3] 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, the Borough Council may, by resolution adopted from time to time, 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 shall be 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 West Reading, as amended and supplemented from time to time, and in compliance with Drawing No. 00-22-05.[4] All sidewalks shall be a minimum of five feet in width with the exception of a minor service alley or access street with a total street right-of-way of 20 feet or less. The concrete sidewalk blocks shall be a minimum of five inches in thickness and the surface shall have a 1/4 inch per foot descending grade towards the outside of the curbside edge. Notwithstanding anything to the contrary contained in this article, all sidewalks and curbs shall conform as to size with the majority type of their existing sidewalks and curb in the same block.
[3]
Editor's Note: See Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
[4]
Editor's Note: See Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
(5) 
Residential driveway entrances.
(a) 
All residential driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of four feet eight inches, shall have the outside edge raised one inch above the flow line of the gutter, shall have a straight slope therefrom to the prescribed outside edge of the 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 six inches in thickness for residential and eight inches in thickness for other uses.
(b) 
No single driveway entrance for a one car garage shall be constructed with a frontage exceeding 15 feet measured along the building line. In lieu of a driveway entrance having curb radii as part of its construction, a depressed curb driveway entrance may be used as set forth on the plan of driveway apron details set forth in Drawing No. 00-22-11.[5]
[5]
Editor's Note: See Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
(6) 
All curb ramps and driveway entrances shall have a six-inch AASHTO No. 57 stone base. All Borough sidewalks and curbing shall have a four-inch compacted AASHTO No. 57 stone base installed. All sidewalks, curb, curb ramps, retaining walls and driveway entrances shall be constructed of air-entrained structural concrete having an ultimate strength of 4,500 pounds per square inch at 28 days and containing 6% air by volume. The sources of concrete materials and the mix design shall be subject to approval by the Borough Engineer.
(a) 
The top surfaces of sidewalks, curbs, curb ramps and driveway entrances shall receive a floated, slip-resistant finish, and the finish tolerance shall be a true plane within 1/4 inches in 10 feet. The exposed vertical surface 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 before the concrete is 36 hours old.
(b) 
Immediately after finishing, all concrete shall be cured by using either an apron, 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.
(c) 
The Borough Engineer or Code Enforcement Officer may reject any concrete sidewalks, curbs, curb ramps and driveway entrances which do not conform to the requirements of this article or the generally accepted standards of the American Concrete Institute.
(d) 
Expansion joints shall be made with 1/2 inch thick pre-formed non-extruding and resilient bituminous joint filler shall be placed every 20 feet to the full depth of the curb and sidewalk and where sidewalk meets the outside face of a wall and/or curbing, and also sidewalks shall be scored every five feet in width and every four feet for sidewalks less than five feet in width, along with 10 feet intervals for curb installation.
(7) 
All sidewalk areas along Penn Avenue in the Borough shall be constructed in accordance with the additional specifications set forth in Attachment 2, Additional Specifications for Penn Avenue, of this chapter.
(8) 
All curb areas along Penn Avenue in the Borough shall be constructed in accordance with the additional specifications set forth in Attachment 2, Additional Specifications for Penn Avenue, of this chapter.
(9) 
All curb ramps for handicap access at corner properties along Penn Avenue in the Borough shall meet the specifications of the existing granite curb ramps installed by the Borough, including, but not limited to, specifications regarding color, strength and depth.
E. 
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, or to construct, set, reset or repair any curb, curb ramp or driveway entrance, within 30 days after notice so to do from the Borough Council, to its proper officials, Borough Council shall cause the same to be done and shall collect from said owner or owners of the lot or lots the costs thereof plus 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.
F. 
Sidewalk areas not graded or sidewalks, curbs, curb ramps and driveway entrances not laid in conformity with the provisions of this article and with the established grades and lines shown on the topographical survey and revisions thereto of the Borough of West Reading, are hereby declared to be nuisances, and must be removed, and regraded, and/or replaced according to the provisions of this article within 30 days after notice to the owner or owners so to do by Borough Council, and upon failure of said owner or owners thereof to regrade said sidewalks area, and/or replace said sidewalk, curb, curb ramp or driveway entrance within the time stipulated, Borough Council shall cause the same to be done in the manner herein provided and Borough Council shall collect the cost thereof plus 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner herein before provided in Subsection E above.
G. 
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 Borough 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 replace 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, Borough Council shall cause the same to be done in the manner herein provided and Borough Council shall collect the cost thereof plus 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 E above.
H. 
All street surfaces excavated to install curbing or driveway aprons shall be backfilled with PennDOT 2A modified aggregate compacting every six inches and filled level with bituminous cold patch. Upon the expiration of 30 days after the application of cold patch, the patched area shall be saw-cut and excavated. Final pavement restoration shall be completed in accordance with § 396-17, Manner of opening, refilling and restoration; purpose of deposit; remedy of unsatisfactory work, of Article IV, Street Openings, of this chapter.
I. 
All details as specified in the drawings contained in Drawing Nos. 00-22-01 through 00-22-12 shall be considered as having the force and effect of all written sections contained in the body of this article.[6]
[6]
Editor's Note: Editor's Note: Drawing Nos. 00-22-01 through 00-22-12 are included in Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
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 West Reading, a highway occupancy permit shall be obtained from the Pennsylvania Department of Transportation (PennDOT) prior to the commencement of any construction. All PennDOT regulations shall be followed regarding traffic control devices while construction is being done in or along any state highway.
A. 
All subsurface rainwater conductors shall be placed in such a manner that the top of the pipe shall not be less than two inches from the top of the curb with a control joint placed vertically to the center line of pipe.
B. 
All individual vents and valve boxes for 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. Gas services shall only be adjusted by the utility company and it is the responsibility of the person, firm or corporation performing the work to request such adjustments.
C. 
All traffic signs removed during construction of concrete curb, curb ramps, sidewalk and/or driveways shall be replaced by the person, firm or corporation performing the installation.
A. 
As scheduled by Borough Council, existing curbing will be inspected to verify that the existing curbing is of adequate condition and in proper alignment. As a minimum, Borough Council shall cause inspection of curbing along all streets which are scheduled for major improvement as part of the Borough's ongoing streets construction and maintenance program.
B. 
All inspected curbing shall meet the minimum criteria listed below or be replaced in order to come into compliance with the minimum criteria listed below:
(1) 
The top streetside edge of curb shall be within one inch horizontally and vertically of the curbline established on the Borough's topographic plan.
(2) 
Eighty percent or more of each section of curbing shall be structurally sound and in one continuous unit.
(3) 
The face of curb shall be battered from vertical, away from the street, beginning at the gutter line.
C. 
In the event that less than 80% of a section of curbing is damaged and in need of repair, patching may be completed in compliance with the Borough of West Reading construction detail set forth on Drawing No. 00-22-12.[1]
[1]
Editor's Note: See Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
A. 
As scheduled by Borough Council, existing sidewalks shall be inspected to verify that the existing sidewalk is of adequate condition and in proper alignment.
B. 
All inspected sidewalks must meet the minimum criteria listed below or be replaced in order to come into compliance with the minimum criteria listed below:
(1) 
Adjacent concrete panels may have a maximum elevation difference between panels of one inch at any point.
(2) 
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.
(3) 
Sidewalk panels shall have no more than one crack crossing the full length or width in any panel.
(4) 
Sidewalk panels shall have a structurally sound surface without any spalling, crazing or other deterioration of the surface.
(5) 
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 § 396-24 of this article.
(6) 
Sidewalk panels lifted by tree roots shall meet the requirements of Subsection B(1) of this section. Panels that do not meet this requirement are required to be replaced; however, the sidewalk elevations shall accommodate existing root growth. All guidelines for work around trees as set forth in Chapter 424, Trees, Article I, Public Shade Trees, of the Code of the Borough of West Reading, as amended and supplemented from time to time, shall be observed.
A. 
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.
B. 
Accessible route 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.
C. 
Curb ramps shall be short ramps cutting through a curb and shall be in accordance with Drawing Nos. 00-22-01 and 00-22-02.[1]
[1]
Editor's Note: See Attachment 1, Sidewalk, Curb and Driveway Drawings, of this chapter.
D. 
The type of curb ramp required at any location shall be determined by the Borough.
E. 
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 36 inches exclusive of flared sides. If a curb ramp is located where pedestrians must walk across the ramp, it shall have flared sides, and the maximum slope of the flare shall be 1:10.
F. 
Built-up curb ramps in lieu of curb cuts shall not be permitted without approval of Borough Council.
Any person, firm or corporation applying for any permit under this article shall indemnify the Borough of West Reading 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.
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Berks County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Notwithstanding anything hereinabove set forth in this article, whenever the provisions of this article shall be inconsistent with the provisions of the land subdivision and land development regulations of the Borough of West Reading,[1] as from time to time in effect, and the provisions of said land subdivision and land development regulations are more restrictive or contain more stringent requirements than are set forth in this article, then in such event the provisions of said land subdivision and land development regulations shall prevail and be applicable.
[1]
Editor's Note: See Ch. 400, Subdivision and Land Development.