[Ord. 189, 9/7/2004, § I]
This Part shall be known and may be cited as the "Honey Brook
Borough Sidewalk Construction and Maintenance Ordinance."
[Ord. 189, 9/7/2004, § II]
As used in this Subpart, the following terms shall have the
meanings indicated:
Honey Brook Borough, Chester County, Pennsylvania.
The record owner, legal owner or beneficial owner of real
property within the municipal limits of Honey Brook Borough. In order
to ascertain the owner of any land in Honey Brook Borough, the records
of the office of the recorder of deeds of Chester County, Pennsylvania,
with respect to any parcel may be considered conclusive.
A concrete paved surface used or to be used as a pedestrian
walkway which parallels, but is separated from the cartway of, any
street, road or alley in Honey Brook Borough.
[Ord. 189, 9/7/2004, § III]
The construction, paving, repaving, maintenance of and snow
removal from all sidewalks within the Borough shall be the responsibility
of the property owner on whose property the sidewalk is located.
[Ord. 189, 9/7/2004, § IV]
Sidewalks shall be constructed, reconstructed or replaced in
accordance with the following specifications:
A.
Sidewalks shall be constructed of Class A concrete having a twenty-eight-day
compression strength of 3,500 pounds per square inch.
B.
Sidewalks shall have a base course layer of 2A crushed stone not
less than four inches after compaction. After compaction the base
course shall be overlaid with wire mesh six inches by six inches.
C.
The concrete wearing surface of sidewalks shall be at least four
inches in depth, except at driveway crossings where the thickness
of the concrete shall be at least six inches.
D.
Sidewalks shall be constructed in slabs not more than 10 feet in
length and shall have a construction joint every five feet.
E.
Sidewalks shall have 1/2 inch of bituminous expansion material every
10 feet and shall have a slope of 1/4 inch per foot, with the lowest
point of the slope facing the street adjacent to the sidewalk.
F.
Sidewalks shall be five feet wide, except where the Honey Brook Borough
Council may, by resolution, adopt a different width.
G.
Handicap-accessible ramps shall be installed in accordance with PennDOT
Publication 408, most recent edition, and PennDOT Publication 72,
most recent edition, and in accordance with applicable federal law
and federal regulations.
[Amended by Ord. 217, 8/5/2013]
H.
After the construction or repair of any sidewalk, the sidewalk and
the surrounding area shall be graded, raked and seeded, and all debris
shall be removed.
I.
In the event of a difference between the technical specifications contained in PennDOT Publication 408, most recent edition, and PennDOT Publication 72, most recent edition, regarding handicapped access, the necessity of separate construction of curbing and inspections and the technical specifications contained in this § 21-204, the technical specifications contained in the most recent edition of PennDOT Publication 408 and PennDOT Publication 72 regarding handicapped access, the necessity of separate construction of curbing and inspections shall apply. In addition, all construction must be inspected by the Borough's representative and all inspection fees as required by resolution of Borough Council shall be paid prior to pouring the sidewalk and curb. When there is a difference between the provisions of this § 21-204, and PennDOT requirements, the more stringent requirement shall prevail. However, where, in the opinion of Borough Council, the imposition of these specifications will result in unnecessary hardship and the goals of this section will be fulfilled by substituting a different standard, a waiver of the requirements of this section may be granted.
[Added by Ord. 217, 8/5/2013]
[Ord. 189, 9/7/2004, § V]
Every property owner shall keep the sidewalk on that property
owner's property in good repair for the protection of the use
of the general public. The Honey Brook Borough Council or the Honey
Brook Borough Code Enforcement Officer may, by written notice, require
the property owner to repair or replace a sidewalk or any portion
of it. Any repair or replacement shall be done in accordance with
the specifications of this Part's specifications.
[1]
Editor’s Note: Former § 21-206, Sidewalk Maintenance,
adopted by Ord. 189, 9/7/2004, § VI, was repealed by Ord. 233,
11/16/2015.
[Ord. 226,[1] 8/4/2014]
It shall be unlawful for any person, firm or corporation, occupying
or having charge or control of any premises, to impede, place or cause
to be placed, or suffer to remain upon the sidewalk, any obstruction,
including vehicles, equipment, fences, structures, cones, signs, waste,
waste containers, building materials, construction debris, vending
machines, newspaper racks, or any other objects that are placed, parked,
planted, left or erected on, in, upon, or over a pedestrianway except
as otherwise authorized by statute or ordinance, and except to the
extent required by the performance of some function authorized or
mandated by statute, ordinance, or public safety.
[1]
Editor's Note: This ordinance also repealed former § 21-207,
Snow Removal.
[Ord. 189, 9/7/2004, § VIII; as amended by Ord.
193, 7/16/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not less than $500 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 189, 9/7/2004, § IX]
If a property owner fails or refuses to comply with or violates
any provision of this Part, the Borough may, but shall not be obligated
to, undertake any and all actions necessary to correct any violation
of this Part. If the Borough does so, the cost of the Borough's
correction of any violation of this Part, plus an administrative fee
of 15%, shall be charged to the property owner and placed as a municipal
claim against the property.
[Ord. 79, 6/3/1963, § 1]
The owner, occupant or tenant of every property fronting upon
or alongside of any of the streets in the Borough of Honey Brook is
hereby required to remove or cause to be removed from all the sidewalks
in front of or alongside of such property all snow or ice thereon
fallen or formed, within 24 hours after the same shall have ceased
to fall or to form. Provided; the owner of a property shall be responsible
for carrying out the requirements of this Section where such property
is occupied by the owner or is unoccupied or vacant or if such property
is a multiple-business or multiple-dwelling property, occupied by
more than one tenant or occupier; the tenant or occupier of a property
shall be responsible therefor where such property is a single unit,
occupied for business, residential or other purposes by one tenant
or occupier only.
[Ord. 79, 6/3/1963, § 2]
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of the first section of this Part within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk of such delinquent, and to collect the expenses thereof, with any additional amount allowed by law, from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under § 21-213.
[Ord. 79, 6/3/1963, § 3; as amended by Ord. 131,
4/1/1985; and by Ord. 193, 7/16/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
