[Adopted 4-6-2009 by Ord.
No. 682]
Every owner of property in the Borough of Souderton shall, upon
notice, construct or reconstruct sidewalk and curb, which shall conform
to all applicable requirements and specifications of this article,
along the frontage of any ordained street or alley within 180 calendar
days of notice.
Every owner of property in the Borough of Souderton shall, upon
notice, complete repair of any defective sidewalk and curb along the
frontage of any ordained street or alley within 180 calendar days
and in the manner stipulated in such notice.
Any property owner may, upon such owner's own initiative
and without notice from any Borough authority, construct or repair
sidewalk or curb along the frontage of any ordained street or alley,
provided that such construction shall conform to the requirements
of this article.
Every owner of property in the Borough of Souderton abutting
on any street now laid out or hereafter ordained and laid out shall
construct, as part of any building or structure to be erected, curb
or sidewalk in accordance with Borough ordinances. Where the said
property or lot upon which the building or structure is to be erected
contains sidewalk and/or curb which in the opinion of the Borough
is in need of reconstruction or repair, such repair or reconstruction
shall be accomplished by the property owner as part of any building
or structure, and shall be erected in accordance with the directions
issued by the Borough and all applicable Borough ordinances. The within
curb and sidewalk construction shall be required whether the construction
is to consist of one structure or building or a number of structures
or buildings or a development, shopping center, industrial park or
any type building or buildings.
Any and all construction or reconstruction of any sidewalk or
curb along any ordained street or alley or any street or alley intended
or proposed for ordination at some future time shall be done under
provisions, rules and regulations of this article.
Any and all construction or reconstruction of any sidewalk or
curb which abuts a state highway shall be constructed or reconstructed
in accordance with all applicable requirements and specifications
of the Borough of Souderton and the Pennsylvania Department of Transportation.
A.
No sidewalk or curb construction, reconstruction or repair shall
be commenced until a sidewalk construction permit is secured from
the Borough. Applications for sidewalk construction permits shall
be directed to the Code Enforcement Officer at least five days prior
to the date set for commencement of the construction. Sidewalk construction
permits shall be valid for a period of 180 days and are subject to
permit fees as may be specified by separate resolution of Souderton
Borough Council.
B.
No person, partnership or corporation shall place any utility facility
in any sidewalk situated within the lines of any ordained Borough
street unless and until a sidewalk excavation permit is secured from
the Borough.
(1)
The application for such permit shall be made by the utility company
in accordance with such rules and regulations as may be prescribed
by the Borough. The application shall be directed to the Code Enforcement
Officer at least five days prior to the date the applicant desires
to have the permit take effect. There shall be appended to each application
a plan showing the outlines of the property affected, existing culverts,
existing driveways and the location of the proposed facility. The
Borough may alter such plans and specify any changes or modification
of any kind which it deems necessary; or the Borough may make its
approval subject to any such alterations, changes or modifications.
Work under the permit shall be commenced within 60 days and shall
be completed within a reasonable time.
(2)
The cost to the utility for filing such application, including the
cost of any inspection deemed necessary by the Borough, shall be determined
according to the general fee scheduled to be adopted from time to
time by the Souderton Borough Council.
(3)
Immediately upon completion of excavation, the permit shall be returned
to the Borough, at which time an inspection of the work completed
shall be made by the Borough Engineer or Code Enforcement Officer.
A.
It shall be the duty and responsibility of the Code Enforcement Officer,
Borough Manager or the Borough Engineer to determine, in the case
of any individual property, whether or not the sidewalk and/or curb
shall be reconstructed or repaired and, if so, the specific part or
parts thereof to be reconstructed or repaired. The following criteria
shall be applicable:
(1)
Spalling, chipping or cracking. The surface of the sidewalk area
has spalling, chipping or cracking that poses a hazard to pedestrian
traffic. Spalling, chipping and cracking in excess of 50% of the surface
area of the sidewalk shall be deemed to be beyond repair and shall
require replacement.
(2)
Misalignment. Any section of curb out of vertical or horizontal alignment
in excess of one inch shall be repaired or replaced. Sidewalk that
is misaligned by greater than one inch from another block of sidewalk
shall be beveled at a rate of not less than 1:2 or be replaced.
(3)
Any sidewalk determined to be a hazard to pedestrian traffic or which
has not been installed according to the designated line and grade
of the ordained street shall be replaced.
(4)
All radius curbs at intersections shall contain accessible ramps
as specified by the Americans with Disabilities Act of 1990, as revised,
and the most current specifications as promulgated by the International
Code Council.
(5)
Any curb or sidewalk constructed in violation of the specifications
within this article shall be subject to replacement.
B.
Property owners may appeal the determination of the Code Enforcement
Officer, Borough Manager or Borough Engineer to construct, replace
or repair curb and sidewalk to the Sidewalk Committee of Souderton
Borough Council. Such appeal shall be in writing stating the particular
cause or reason for such exception.
All sidewalks shall be constructed, reconstructed and repaired
and the grading therefor shall conform to the line and grade obtained
by the property owner from the Borough Engineer, and not otherwise.
All curb shall be constructed, reconstructed and repaired with
concrete. Granite or granite block curb may be substituted only if
the property is located within an approved Master Streetscape Plan
or as shown on an approved land development plan. No concrete curb
shall be cast as a part of any sidewalk, but shall be a separate unit
independent of the adjacent walk.
A.
A standard concrete curb in the Borough of Souderton shall be a minimum
eight inches in thickness at the bottom, seven inches at the top and
18 inches deep. A batter of one inch for the top eight inches of depth
shall always be maintained on the street face. The lower 10 inches
of curb shall have a plumb face on both sides. The top of the curb
shall be floated smooth with a magnesium float or broom and the edge
of the face shall be rounded to a radius of 3/4 inch while the concrete
is still soft. The front or face of the curb shall have a smooth,
rubbed finish to the gutter line. The top of the curb shall slope
toward the street with a slope of 1/4 inch to the foot. All curbs
shall be poured as a separate unit in lengths of not more than 10
feet.
B.
The curb may be depressed across driveways by providing a sloping
section at either side with a slope of four inches per foot.
A radius curb shall be constructed at the intersection of all
streets or alleys. The minimum radius of curb at a street intersection
shall be 10 feet. The minimum radius of a curb at an alley intersection
shall be the same as the width of the ordained sidewalk area along
the street. Radius curbs shall be of the standard cross section for
the entire length. All curbs at the intersection of public alleys
shall extend along the alleys for the full width of the sidewalks.
The radius curbs shall contain handicap accessible ramps pursuant
to the current specifications promulgated by the International Code
Council.
Where the excavation for a new curb or the reconstruction of
a present curb involves the removal or excavation of any existing
macadam roadway or an existing concrete gutter, the backfill along
the completed curb shall be made by the owner with 2RC-Select Granular
Material conforming to the most current specifications and grading
of course aggregates of the Pennsylvania Department of Transportation,
Publication 408. Before commencing any such backfill, approval to
do so shall first be obtained from the Borough. The Borough will restore
the roadway surface after sufficient settlement and proper compactness
of the backfill along the curb.
All sidewalks shall be constructed, reconstructed and repaired
of concrete only, according to the specifications of this article.
A.
All sidewalks constructed within the street lines of any ordained
street within the Borough of Souderton shall have a minimum uniform
thickness of four inches along all standard curbs and six inches uniform
thickness along all depressed curbs. The width of the sidewalk shall
be that width as ordained by the Borough. The top surface of all sidewalks
shall have a magnesium float, or broom finish and slope toward the
street with a slope of 3/8 inch per foot. In front of entrance steps
or areaways, this cross slope may vary from a minimum of 1/8 inch
to a maximum of 1/2 inch per foot. All sidewalks shall be constructed
on four inches of thoroughly compacted AASHTO No. 57 stone conforming
to the most current specifications and grading of course aggregates
of the Pennsylvania Department of Transportation, Publication 408.
B.
Transverse expansion joints shall be provided at intervals of approximately
every 30 feet. A longitudinal expansion joint shall be provided where
the sidewalk at the building line abuts against a solid structure
such as a sidewalk slab, step, walk or permanent building. Along the
entire curb side one-fourth-inch premolded expansion material shall
be used.
C.
Where any new utility facility is installed in a sidewalk located
within the lines of an ordained Borough street, any block of sidewalk
which in the opinion of the Borough is an acceptable block of sidewalk,
in which such facility is installed, shall be replaced by a new block
which shall be constructed in accordance with the provisions of this
article. The utility shall also repair or replace any sidewalk or
curb damaged as a result of any facility being placed or replaced
in the sidewalk area. Said repairs or replacement shall be at the
expense of the utility and shall be completed at the direction and
under the control of the Borough.
All driveways within the street lines shall be constructed of
concrete only, according to the specifications of this article. All
driveways crossing sidewalks shall have a minimum thickness of six
inches. A curb extending 10 inches below the gutter line shall be
constructed along the street face of all driveways. The surface of
the driveway paving shall extend from the top of the curb at the gutter
with a uniform slope to the grade of the sidewalk at the property
line.
A.
The maximum width of any residential driveway shall not exceed 18
feet. The maximum width of any commercial driveway shall not exceed
35 feet.
B.
Where more than one driveway is constructed on the same property
or lot, there shall be at least 10 feet of sidewalk, along the building
line, separating the driveways.
Square openings shall be left around all poles, fire hydrants,
light standards or any other structure within the sidewalk area. These
openings shall provide a clearance of two inches outside of the structure
within the opening. All openings around fire hydrants shall be filled
by the owner with concrete cast as a separate block, with one-half-inch
expansion joint around the hydrant. All other openings will be filled
by the Borough with bituminous concrete.
A.
No accumulated or collected drainage from beyond the sidewalk shall
be conducted across the walk to the gutter but shall be conveyed under
the walk through a suitable and properly sized pipe.
B.
The tops of all utility service boxes shall be protected, raised
to grade and set level with the top of the sidewalk. All facilities
shall be protected and left in a position so that the service boxes
can be used for the purpose originally intended.
A.
Forms. Forms for all concrete curbs and sidewalks shall be of steel
and made to conform to all the dimensions as specified in any part
of this article. Forms shall be unyielding and firmly braced so as
to maintain their position for line and grade. Forms shall also be
tight to prevent the leakage or mortar.
B.
Concrete. Any concrete used in the construction of curb, sidewalk
or driveway shall be certified central-mix concrete with a minimum
compressive strength of 3,500 pounds per square inch.
(1)
Consistency. Sufficient water shall be used in mixing to produce
a medium wet mixture, a concrete which will tend to quake and flatten
out when deposited in place, but not enough to cause it to flow or
the mortar and coarse aggregate to separate. The maximum slump shall
be four inches.
(2)
Curing. Exposed surfaces of concrete subjected to premature drying
shall be protected from the elements by suitable coverings or by the
application of approved curing compound applied as directed by the
manufacturer.
(3)
Sealer/hardener. An approved clear permanent concrete preservation
treatment solution shall be applied to the concrete designed to protect
the concrete from damages caused by freeze thaw cycles and the application
of road salts and calcium chloride.
(4)
Subgrade. The subgrade for any curb, sidewalk or driveway shall be
prepared to allow for the placement of the full depth of concrete
and shall be uniformly graded, tamped and sprinkled before the placing
of any concrete. Walks and driveways shall be placed on a four-inch-thick
subbase of crushed stone or hard cinders.
(5)
Repairs. Minor repairs may be made by using standard dry-mix materials
and adding water or by using a hand-mixed concrete, provided the strength
requirements of this article are met.
Shrubbery, trees, paver blocks and grass plots shall not be
planted or placed within any sidewalk area situated within the lines
of an ordained Borough street. The Sidewalk Committee may make an
exception to this restriction only when the subject property is located
within an approved Master Streetscape Plan or shown on an approved
land development plan that specifies or provides for such placement.
Such placement shall conform to the specifications in the approved
streetscape plan or land development plan and/or existing surrounding
conditions.
Any person, firm or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article;
or who shall cause any person to fail, neglect, or refuse to comply
with any of the terms and conditions of this article; or who shall
construct, reconstruct, or repair any sidewalk or curb without having
first obtaining a permit therefor shall, upon conviction thereof before
any Magisterial District Judge, be sentenced to pay a fine not exceeding
$1,000 for each offense, and, in addition, any such person, firm,
or corporation shall be liable for and shall pay to the Borough the
damages caused by such violation.
If any owner shall fail to construct, reconstruct, or repair
any curb, sidewalk, or driveway within 180 days from notice to do
so as provided herein, the Borough shall have the right to construct,
replace, or repair the curb, sidewalk, or driveway or cause the same
to be constructed, replaced, or repaired, and charge the cost thereof
to the owner or owners of said property, together with any penalty
provided by law. The cost of any construction, replacement, or repair
shall be a lien against the property and may be collected by a municipal
lien filed in the manner authorized by law.
