[Adopted 9-15-1975 by Ord. No. 424 (Ch. XXI, Part 2A, of
the 1975 Borough Code); amended in its entirety 10-27-2015 by Ord. No. 765]
A.
It shall be the responsibility of every property owner within the
Borough of Palmyra to construct, maintain and repair all curbs and
sidewalks on or adjacent to his or her property.
B.
The purpose of this article is to provide a procedure whereby the
Borough may order the construction, reconstruction and/or repair of
sidewalks and curbs and to ensure that certain standards are met by
the property owner in performing such construction, reconstruction
and/or repair. Nothing in this article shall be construed as affecting
the responsibility for the construction, maintenance or repair of
sidewalks and curbs, which is hereby declared to rest solely with
the property owner, nor shall this article be deemed to in any way
to make the Borough liable for any injury or damages caused by the
failure of the property owner to properly construct, maintain or repair
any sidewalk or curb, whether or not any notice was issued to the
property owner by the Borough concerning such failure or whether or
not the work was undertaken and approved pursuant to this article.
A.
Every property owner in the Borough of Palmyra shall, upon 45 days'
notice from the Borough Council or the agent of the Council, construct,
reconstruct or repair sidewalks and/or curbs upon or adjacent to his
property in accordance with plans, and details and specifications
herein. No work shall be performed from November 1 through March 1.
A.
No curb or sidewalk construction or reconstruction shall be performed
by or for any property owner unless the property owner or the person
doing the work shall first have obtained from the Borough Manager
or his designee a permit for such work, which permit shall be valid
for a period of 60 days. A permit fee, as set by the Borough Council
by resolution, shall be made for a permit for curb or sidewalk construction,
reconstruction, or repair, for the application process, establishing
the line and grade and the required inspections of the work. In the
event of the need for reinspection to verify corrections of noncompliance,
an additional inspection fee, as set by the Borough Council by resolution,
shall be charged. It shall be a violation of this article to do any
work without having first secured the required permit.
A.
It shall be the duty of every property owner to notify the Borough
when such work shall be done and to permit the Borough to inspect
the concrete forms when they have been set and to inspect the work
when the concrete forms have been removed to confirm compliance with
the plans, details and specifications.
B.
If the authorized representative of the Borough shall find any curb
or sidewalk construction or reconstruction being done contrary to
any provision of this article, the same shall be corrected immediately
after due notice to the property owner.
The Borough Council, or its duly authorized agent(s), shall
have the authority and power to stop any curb and sidewalk work within
the Borough if said work is violating any of the provision of this
article.
Except as noted below, all sidewalks and curbs shall be constructed, reconstructed and repaired of concrete according to specifications contained. Alternate materials may be authorized by the Borough Engineer, provided that: where the existing sidewalk is of a material other than concrete and was originally constructed in conformity with a then-valid ordinance of the Borough, and at least 2/3 of such sidewalk shall be in good repair, such sidewalk may be repaired of the same material of which it was originally constructed; provided, further that: sidewalks constructed in developments subject to Chapter 318, Subdivision and Land Development, shall meet those provisions as well as those outlined herein.
All sidewalks and curbs shall be constructed, reconstructed
and repaired and the grading therefor shall be done upon the line
and grade obtained by the property owner from the Borough and not
otherwise. Upon notice, as provided in this article, as the case may
be, such work of construction, reconstruction or repair shall be done
by the owner or owners of such property.
A.
Materials, dimensions, workmanship and specifications for curbing
within the Borough's right-of-way or on other Borough-owned property
shall be in accordance with the standard details included in Appendix
A.[1] In addition, curbing shall meet the following:
(1)
Be constructed of cement concrete with a compressive strength of
3,500 pounds per square inch and meet the PennDOT requirements for
Class A concrete.
(2)
Sit on a mechanically compacted subgrade or undisturbed earth with
a stable subbase consisting of a minimum of four inches of mechanically
compacted PennDOT No. 2A stone, PennDOT 2B stone, or AASHTO No. 57
stone.
[Amended 5-28-2024 by Ord. No. 830]
(3)
Contain contraction joints spaced in uniform lengths or sections
of 15 feet 1/2 inch maximum, except where shorter sections are necessary
for closure of curves, but no section shall be less than four feet.
(4)
Premolded expansion joint material 3/4 inch thick shall be cut to
conform to the cross-sectional area and be placed every 100 feet,
at structures, and at the end of a day's work.
(5)
Be constructed using rigid metal forms, except wood forms may be
used on sharp curves and short tangent sections when approved by the
Borough Engineer.
(6)
Be cured and protected. In cool weather temperatures below 40°
F., curbing shall be cured as directed by the Borough Engineer. In
warm weather, curbing shall be kept moist for a period of not less
than three days, or longer if directed, and shall be protected from
the elements by a burlap covering which is not less than seven ounces
per square yard in weight or in a manner satisfactory to the Borough
Engineer.
(7)
Excavation adjacent to curbs shall be backfilled using PennDOT 2A
aggregate.
(9)
Alternate construction methods, such as slipform curbing, may be
approved by the Borough Engineer.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Materials, dimensions, workmanship and specifications for sidewalks
within the Borough's right-of-way or on other Borough-owned property
shall be in accordance with the standard details included in Appendix
A.[3] In addition, sidewalks shall meet the following:
(1)
Have a typical width of five feet or match the existing adjoining
sidewalk width. In no case shall the sidewalk width be less than four
feet.
(2)
Be constructed of cement concrete with a compressive strength of
3,500 psi and meet the PennDOT requirements for Class S concrete.
[Amended 5-28-2024 by Ord. No. 830]
(3)
Forms shall be of wood or metal, straight, free from warp and of
sufficient strength when staked to resist the pressure of the concrete
without springing. If wood, they shall be nominal two-inch planks
surfaced on the inside of the top, or if they are metal, they shall
be of approved sections. Forms shall have a depth equal to the depth
of the concrete and shall be thoroughly cleaned and oiled before concrete
is placed against them. Forms that are worn, bent, or damaged shall
not be used.
(4)
Contraction joints shall be spaced in uniform lengths or sections
of five feet.
(a)
Contraction joints may be either hand-formed or sawed joints.
(b)
They shall be 1/8 inch wide and one inch deep.
(c)
Sawing of joints shall be done as soon as practicable after
the concrete has set sufficiently to preclude traveling during the
sawing and before any shrinkage cracking occurs in the concrete.
(d)
The saw-cut depth may be decreased at the edge adjacent to the
curb or structure to obtain maximum depth that will avoid damage to
them.
(5)
Have tooled edges on the construction joints.
(6)
Unfinished edges shall be protected at the end of each work day using
expansion joint material cut to the area of the exposed cross section.
(7)
Where existing light standards, poles, fire hydrants and similar
structures are within the limits of the sidewalk area, the concrete
around such structures shall be scored in a block eight inches wider
than the maximum dimension of the structure at the sidewalk elevation.
Prior to placing the concrete around such structures, premolded expansion
joint filler, 3/4 inch in thickness, shall be placed around the structure
for the full depth of the concrete in the sidewalk.
(8)
Where a traffic control sign had been previously installed in the
sidewalk, a three-and-one-half-inch- to four-inch-diameter hole shall
be cast through the entire thickness of the concrete. A PVC sleeve
shall be installed, and all voids around the signpost shall be filled
with sand. The hole shall be cast at the exact same location as the
previously installed sign.
[Amended 5-28-2024 by Ord. No. 830]
(9)
The concrete shall be placed in the forms in horizontal layers. The
concrete shall be four inches in depth unless otherwise indicated
or specified. The concrete shall be struck off and have a wood float
or brush finish. Unless otherwise directed, an edger having a one-quarter-inch
radius shall be used for edging all joints.
(10)
Side forms shall not be removed until after the concrete has
hardened sufficiently to assure it will maintain the required cross
section. After removal of the forms, minor honeycombed areas shall
be filled with mortar composed of one part of cement and two parts
of fine aggregate. Major honeycombed areas will be considered as defective
work and shall be removed and replaced at no expense to the Borough
or homeowner.
(11)
The newly poured sidewalk shall be cured and protected. In cool
weather temperatures below 40° F., sidewalk shall be cured as
directed by the Borough Engineer. Curing compound shall be applied
in accordance with PennDOT Publication 408, Section 676.3.k.7. In
warm weather, the sidewalk shall be kept moist for a period of not
less than three days, or longer if directed, and shall be protected
from the elements by a burlap covering which is not less than seven
ounces per square yard in weight or two layers of four-millimeter
poly sheeting, in a manner satisfactory to the Borough Engineer.
[Amended 5-28-2024 by Ord. No. 830]
(12)
After the concrete has cured for a period of 72 hours, the space
adjacent to the sidewalk shall be backfilled with approved material
in layers of not more than four inches in depth, which shall be thoroughly
compacted mechanically to the required elevation and cross section.
(13)
Handicapped ramps shall be installed at locations directed by
the Borough and shall be in compliance with the Americans with Disabilities
Act and PennDOT Publication 72 M, Standards for Roadway Construction.
[Amended 5-28-2024 by Ord. No. 830]
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
Sidewalks and curbs shall be built and maintained at the expense
of the owner of the abutting premises and shall be kept in good repair
and in a safe condition, free of ice and snow or other obstructions.
Notice of such construction, reconstruction or repair shall
be served by certified mail upon the property owner. If service cannot
be made thereby, then the notice shall be made by posting the premises.
Appendix A of this article contains the Construction, Reconstruction,
and Repair of Sidewalk and Curb Details.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
In the event that the property owner refuses or neglects to
comply with the notice so served, the Borough Manager or his designee
is hereby authorized to prepare specifications and advertise for bids
for such construction, reconstruction or repairs, and the Borough
Council President and Secretary are authorized to enter into a contract
for the same, or the Borough Council may cause the same to be done
by Borough employee(s) and collect from the owner(s) the cost of labor
and materials, plus 10% thereof, in accordance with existing law.
In the event of the failure of the property owner to pay the
Borough as provided above, the Borough may, within six months of completion
of the construction, reconstruction or repair of any sidewalk, curb,
gutter or drain as provided herein, file a municipal claim against
that property owner as provided by general law or may within six months
thereof collect the same by action of assumpsit.
Bills are payable at face value 30 days following the date rendered.
Bills unpaid after 30 days shall have imposed thereon a penalty of
5% of the amount then due, and after 90 days, all unpaid accounts
shall bear interest at the rate of 1 1/2% per month until fully
paid.
[Added 5-28-2024 by Ord.
No. 830]
A.
Any person, firm or corporation, or the members of such firm or the
officers of such corporation who shall violate any provision of this
article shall, for each and every such violation, upon conviction
thereof, be sentenced to pay a fine not to exceed $1,000 per violation
plus costs including reasonable attorneys' fees incurred by the
Borough in the enforcement proceedings. Each day that a violation
of this article continues shall constitute a separate offense. Each
section of this article which is violated constitutes a separate violation.
B.
Borough Council may revoke any permit issued to any person violating
any provisions of this article.
C.
The imposition of penalties herein provided shall not preclude the Borough from instituting appropriate legal or equitable action to prevent the performance of work or acts declared to be unlawful under this article or to restrain, correct or abate any violations and from recovering all costs related to the enforcement of this article including, but not limited to, the filing of a municipal lien. The imposition of penalties shall not prevent the Borough from taking action in accordance with § 314-12 to perform work after providing notice to do such work to the owner and, in default of payment thereof, to file a municipal lien for such work against the property.
