Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
1. 
Definitions.
ADAAG
Acronym for Americans with Disabilities Act Accessibility Guidelines.
BOROUGH ENGINEER
The Borough Engineer for the Borough of Emmaus.
CARTWAY
The portion of the public right-of-way designated for vehicular use, including opened and unopened streets.
CONTRACTOR
Any person, corporation, association or partnership or other form of organization which constructs or attempts to construct curbing, sidewalks, driveway crossovers and handicap ramps on any street or alley in the Borough of Emmaus.
CROSSOVER
The portion of a driveway extending from the back line of the sidewalk to the curb, including the planting area between the curb and sidewalk, if any exists, for the full width of the driveway, including flared edges at the radii.
PEDESTRIAN CONNECTIVITY
The intent or expectation to connect by pedestrian walkability areas involving a main thoroughfare, schools and/or parks to provide access to a destination, either inside or outside the Borough, in accordance with engineering safety standards.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
PROPERTY LINE
That line which is coincident to and identical with the line marking the extremity of the right-of-way boundary.
PUBLIC WORKS INSPECTOR
The code enforcement officer, public works director, or assistant public works deductible or other Borough officials designated by the Emmaus Borough Council to act as the Public Works Inspector. This term shall also include any of the aforesaid individual's agents or designees.
RECONSTRUCTION
Any construction, paving, surfacing, repaving, resurfacing, repair or maintenance work which removes or disturbs any portion of the existing structure of any right-of-way.
RIGHT-OF-WAY
The width of a strip of land between property lines set for public use or ownership as a street, alley, crosswalk, easement or other facility.
STREET
A right-of-way dedicated to the public for the movement of traffic with space for utilities and providing access to abutting properties. "Street" may also be referred to as an "avenue," "road," "boulevard," "expressway," "court" or land with right-of-way width greater than 20 feet.
2. 
Duty of Property Owners. It shall be the duty of all property owners having frontage on a dedicated and open street to construct sidewalk, curbs, handicap ramps and driveway crossovers in accordance with the technical specifications herein provided.
3. 
Required Maintenance. Sidewalks, curbs, handicap ramps and driveway crossovers installed prior to the adoption of this Part shall be required to be maintained in good repair as hereinafter specified.
4. 
Removal of Sidewalks. Should any property owner desire to remove any sidewalk previously installed in an area, the property owner may apply to the Public Works Inspector for approval to remove such sidewalk. Property owners shall have the right to appeal any determination by the Public Works Inspector to the Emmaus Borough Council.
5. 
Optional Installation. Any owner of property abutting a public street in the Borough of Emmaus may, at their discretion, construct and install sidewalks on the public right-of-way at their option. Should sidewalks be installed, the property owner shall maintain said sidewalk in accordance with the technical specifications herein provided.
6. 
Required Installation. In the event that the Borough determines that any street or streets are to be reconstructed or repaved, or that a major public improvement is needed in the right-of-way, after the adoption of this Part, then after review and any recommendation by an appropriate committee, the Borough may require the installation of sidewalks, curbs, handicap ramps and driveway crossovers along or adjacent to those streets within the time limit specified in the official notice provided by the Public Works Inspector. Failure to install and construct sidewalks in accordance with this provision will necessitate the construction of such sidewalks, curbs, handicap ramps and driveway crossovers by the Borough at the property owner's expense plus a 10% administrative fee. A property owner's failure to pay for the Borough's construction of sidewalks, curbs, handicap ramps and driveway crossovers in accordance with this provision shall result in the filing of a municipal lien by the Borough of Emmaus.
7. 
Legislative Intent. The preamble paragraphs to this Part are incorporated herein by reference as a substantive part hereof.[1]
[1]
Editor's Note: The preamble paragraphs to Ord. 1046 provides:
"WHEREAS, the Borough Council of the Borough of Emmaus has determined the need for a new comprehensive community-wide policy to govern the requirement, installation, construction and maintenance of sidewalks, curbs, handicap ramps and driveway crossovers throughout the Borough of Emmaus; and
"WHEREAS, a new Sidewalk Ordinance No. 989 was previously enacted by Borough Council on January 17, 2005; and
"WHEREAS, certain sections of the Borough are recognized as not conducive to the installation and construction of sidewalk for various topographical and logistical reasons; and
"WHEREAS, it is the stated legislative policy of the Borough of Emmaus to establish pedestrian connectivity throughout the Borough; and
"WHEREAS, to implement the aforesaid policy, the Borough Council intends to connect certain areas of the Borough with concrete sidewalks in accordance with the grant of legislative power set forth by the Pa. Borough Code, 53 P.S. §§ 46801 and 46802; and
"WHEREAS, the Borough Council determines it is in the best interest of the health, safety and welfare of the citizens of the Borough of Emmaus to enact the following:"
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
Property owners shall receive at least 30 days notice from the Public Works Inspector requiring construction or repair of sidewalks, curbs, handicap ramps and/or driveway crossovers. If a property owner fails to construct and/or repair sidewalks, curbs, handicap ramps and/or driveway crossovers by the date specified in the notice, the Borough will perform the necessary work, at the property owner's expense plus a 10% administrative fee.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
Sidewalks shall be constructed or reconstructed to slope towards the street at the rate of 1/4 inch to one foot. If the grades of intersecting conditions make compliance herewith impractical then the slope shall be determined by the Borough. All sidewalk widths shall be five feet six inches measured from the rear face of the curb. Space for grass plot shall be 1 1/2 feet, with the sidewalk in these areas being a minimum of 4 1/2 feet. Where trees may encroach in the required sidewalk width, width of sidewalk will be determined by the Public Works Inspector. Sidewalk width shall not be less than three feet.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
1. 
Curb Excavation and Street Cuts. Before excavating to install or replace curb adjoining an improved Borough street, the existing pavement shall be neatly cut at a minimum distance from, and parallel to, the curbline. This distance is not to exceed 18 inches.
2. 
Sidewalk Exceptions. Excavation for sidewalks shall be a minimum of nine inches below the top of the sidewalks. The excavation must be evenly spread crushed stone to a depth of at least four inches, wetted thoroughly and tamped or rolled to an even surface. Concrete, as hereinafter specified, of a thickness of not less than five inches shall be placed on said surface or base.
3. 
Typical Curb Section. All curbs shall consist of concrete and shall be a minimum of 22 inches in depth, six inches in width at the top and eight inches in width at the bottom, the front face having a batter and the back thereof to be vertical. The front face of the curb shall have a seven inch exposed vertical face (reveal) from the gutter line to the top of the curb.
4. 
Curb Radius Construction. A radius curb shall be constructed at the intersection of all streets or alleys. The minimum radius of a curb at street intersection shall be 10 feet where feasible. 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. The radius 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.
5. 
Areas Where Utilities Are Prohibited. No utility poles or other utility facilities shall be placed within the radius curb or radius sidewalk.
6. 
Areas Where Driveways Are Prohibited. No driveway shall be constructed across or through any radius curb or radius sidewalk.
7. 
Monolithic Construction Not Permitted. Curb and sidewalk must be constructed separately. Monolithic construction is prohibited.
8. 
Roof Drains.
A. 
Roof drains shall not discharge over newly constructed or reconstructed curb and sidewalk. All new and existing downspouts must outlet into the street gutter by means of a three inch diameter plastic (or approved equal) pipe placed within the new sidewalk and at least three inches beneath the top surface of the new sidewalk. The plastic pipe shall be placed through the new curb, with the outlet end of the pipe being a minimum of one inch above the gutter or flow line. A coupling sleeve shall be placed in the curb to accept the three-inch pipe. All joints shall be sealed with pipe joint compound. Galvanized wire mesh is to be placed over the plastic pipe for the full width of the sidewalk and at least two feet in length and weighing the equivalent of 57 pounds per 100 square feet. The wire mesh shall be placed one inch below the top surface of the sidewalk.
B. 
If a suitable outlet cannot be achieved with a three-inch pipe, the Borough may authorize an alternate means of discharge. In lieu of placing plastic pipe through the sidewalk, the use of a diamond plate trough or an acceptable equivalent will be allowed. The steel plate shall be 1/4 inch thick and properly anchored. The trough shall extend vertically downward for a variable depth to meet the existing conditions. Final approval for the use of diamond plate troughs shall be granted by the Public Works Inspector.
9. 
Handicap Ramps. Owners of property abutting a street shall construct concrete ramps and crosswalks to make the transition from street to sidewalk easily negotiable for handicapped persons. All ramps must be a minimum of three feet in width at the street gutter line, exclusive of curb and sidewalk tapers. Ramps shall be sloped flush with the street surface. All such ramps shall be constructed or installed in accordance with ADAAG Manual, Chapter 4.7, and PennDOT design specifications, most recent edition.
10. 
Crossovers.
A. 
Crossovers for residences shall have a minimum thickness of six inches of plain concrete. Crossovers for businesses and industries shall have a minimum thickness of eight inches of concrete reinforced with galvanized wire mesh weighing the equivalent of 57 pounds per 100 square feet. The top edge of the curb along the crossover shall be 1 1/2 inches above the gutter line and 5 1/2 inches below the top of the adjacent curb.
B. 
The maximum width of any residential crossover shall not exceed 25 feet, including curb tapers. The maximum width of any commercial crossover shall not exceed 40 feet, including curb tapers. Borough Council may authorize crossovers exceeding the widths specified in this paragraph.
C. 
Where more than one crossover is constructed on the same property, they shall be at least 20 feet apart.
11. 
Tree Plates. When sufficient space cannot be provided for installation of curb due to existing trees, steel curb plates shall be used. The plates shall extend a minimum of seven inches below the street surface. The outside face (street side) shall be flush with the outside face of the adjacent curb. The ends of the top of the plate must be flush with and anchored into the concrete curb.
12. 
Openings in Sidewalks. Square openings shall be formed around all utility poles, fire hydrants, light standards, curb boxes or any other major structure within the sidewalk. These openings shall provide a minimum clearance of six inches outside of the structure within the opening. 3/8 inch pre-molded expansion joint material shall be placed around the entire opening for the full depth of the concrete. The remaining opening shall be filled with concrete cast as a separate block. The minimum openings shall be 24 inches by 24 inches, except for gas and water curb boxes, which shall be 18 inches by 18 inches. Utility poles shall be wrapped in styrofoam sil seal water curb boxes, which shall be 18 inches by 18 inches. Utility poles shall be wrapped in styrofoam sil seal a minimum of 1/4 inch thick for the full depth of the concrete. All curb boxes shall be protected, flush and free of concrete.
13. 
Contraction and Construction Joints. Contraction joints shall be made in the sidewalk at right angles to the curb at intervals of no more than five feet. These contraction joints shall be a depth of one inch. Construction joints shall be provided in all curbs at ten foot intervals and extending the full depth of the curb. No construction joints may be placed in the curb radius portion of any curbs.
14. 
Expansion Joints. Joints shall be placed in the sidewalk at right angles to the curb not exceeding 30 feet, at all points of fixed restraint, at the ends of all radii returns, at the intersection of two sidewalks, along the entire curb, where a crossover joins the sidewalk and/or depressed curb and as otherwise specified. An expansion joint shall be provided where the sidewalk meets existing porches, steps, walls, walkways, slabs or permanent buildings. Unless otherwise specified, 3/8 inch pre-molded bituminous expansion joint materials shall be used throughout. The approved joint material, cut to the shape of the finished cross-sections, shall extend from the surface thereof to the sub-grade for the full width of the concrete.
15. 
Forms. All concrete installations shall be formed. Constructing curbs and/or sidewalks without forms is prohibited. All forms shall be made of steel or wood, and shall be smooth, free from warp and sufficiently rigid to resist springing out of shape. All forms shall extend for the full depth of the curb or sidewalk to be installed. Forms shall be firmly held in place by stakes or rods and braces adequate in dimension and sufficient in number to prevent movement and to withstand the pressure of the concrete. All forms shall be thoroughly cleaned and oiled prior to pouring concrete, and forms shall remain in place at least 12 hours after completion of the pouring.
16. 
Replacing of Concrete. No concrete curb and/or sidewalk shall be installed between October 31 and April 1. Any concrete poured when the atmospheric temperature is less than 40° F. shall be in accordance with PennDOT specifications, latest revision.
17. 
Proportioning of Concrete. All concrete shall be Class A concrete in accordance with current PennDOT specifications. Concrete shall have compressive strength of 3,500 PSI after 28 days of curing. Concrete delivery slips are to be initialed by the Public Works Inspector and attached to his copy of the permit.
18. 
Mixing of Concrete. All concrete shall be ready-mixed and shall meet the current requirements of PennDOT specifications for "Ready-Mixed Concrete."
19. 
Curing of Concrete. All concrete shall be cured by a method acceptable to the Public Works Inspector and/or Borough Engineer.
20. 
Sidewalk Finish. All walking surfaces shall have a broom finish applied transversely to the normal walking direction. The broom finish shall provide a scoring of the concrete of not less than 1/16 inch in depth. Steel or wood trowel finishes are not permitted. All sidewalk edges shall be worked with an approved edging tool. Bituminous material of any kind shall not be used as finished sidewalks or to patch, repair or seal existing concrete sidewalks or crossovers.
21. 
Obstruction of Surface Drainage. No person shall fill the gutter flow line, generally known as the gutter area, with any materials that will block or divert the normal flow of surface water along established grades and/or cause an obstruction or hazard.
22. 
Backfill. After the removal of forms, the curb and/or sidewalk shall be backfilled completely.
A. 
The contractor shall place backfill behind the curb, consisting of select soil material having no stones larger than two inches in diameter. Backfill shall be brought to the top of the curb unless the area is to be used as a sidewalk. If no sidewalk is to be placed adjacent to the curb, the top four inches of backfill shall be free of stones larger than 1/2 inch in diameter. The surface shall be raked free of stones and seeded with approved grass seed.
B. 
The contractor shall place backfill in front of the curb using 2A modified crushed stone, placed and compacted in six-inch layers to the proposed street grade.
C. 
The Borough shall remove the top 2 1/2 inches of backfill and replace it with asphalt pavement material thoroughly compacted, conforming to the street grade. The Borough shall be reimbursed by the contractor for work performed.
D. 
Any material used for backfill shall not be placed or stockpiled on the street or public right-of-way. Stockpiling of stone will only be allowed on streets scheduled for reconstruction.
23. 
Advance Notice for Inspection. Notice for any inspection shall be given to the Public Works Inspector not less than 24 hours in advance. The Public Works Inspector may order the removal of any work that is not in accordance with the specifications herein.
24. 
Barricades.
A. 
The contractor shall adequately protect the work during construction, as well as protect the public from accidents to themselves or their property and/or unnecessary inconvenience throughout the duration of the project. The contractor shall furnish, erect and maintain at each work site, a minimum of two approved warning devices and such additional warning devices as directed by the Public Works Inspector or the Emmaus Police Department. These devices shall consist of barricades, flashing warning lights, steady burn lights, reflectors, and/or signs in approved combinations. All barricades and signs shall be reflectorized. Steady burn lights or flashing warning lights shall be kept in operation from sunset until sunrise. Final approval of all warning devices shall be the responsibility of the Public Works Inspector. Approval of the devices does not absolve the contractor of his responsibility if any vehicular or pedestrian accidents occur while these devices are in service. All warning devices shall conform to current PennDOT specifications.
B. 
If the contractor fails to place adequate work safety devices, the Borough will charge the contractor for all costs associated with the placement of safety devices.
25. 
Brick Sidewalk. Where brick sidewalk is approved, requirements for excavation and base shall be as specified for concrete sidewalks herein. Brick shall be wire cut and of good quality, tightly laid, with all interstices filled with mortar. Lugged paving brick, cored brick, or brick having recesses or openings shall not be used. Brick sidewalks shall provide a uniform, smooth walking surface. All brick shall be laid evenly in mortar and in a single course on a concrete base.
26. 
Signs. All street signs or similar signs located in the sidewalk area shall have four inch SCHD 40 PVC pipe sleeves, the diameter of which shall be able to accept the pole or the sign. The sleeves shall be a minimum of nine inches long, flush with the concrete surface. Any sign that is not installed as specified above will be reinstalled by the Borough of Emmaus and all associated costs will be billed to the contractor in accordance with the Borough fee schedule.
27. 
Utility Facilities in Sidewalk Areas.
A. 
No utility facility shall be placed in any sidewalk until a sidewalk excavation permit is obtained from the Borough. Application for such permit shall be made by the utility company in accordance with the rules and regulations of this Part. Application shall be made at least five days prior to the date of starting any work. 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 specify any changes or modification of any kind, which it deems necessary. The Borough may approve the permit subject to any such alteration, changes or modifications. Work shall commence within 60 days of issuance of the permit and shall be completed within a reasonable time.
B. 
When a new utility facility is installed in a sidewalk, the sidewalk shall be repaired to the satisfaction of the Public Works Inspector in accordance with the provisions of this Part. Concrete shall be in accordance with specifications of this Part.
C. 
The utility or its contractor shall repair or replace any sidewalk or curb damaged as a result of the work.
D. 
The utility company making application shall provide the Borough with a bond in the amount of $1,000 guaranteeing compliance with the provisions of this Part. Said bond shall contain a warrant of attorney authorizing the entry of judgment in the event said utility does not comply. One bond shall be sufficient for one calendar year.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
All work shall be governed by and conform to the directions and instructions of the Public Works Inspector. Any conflict or dispute that arises over the interpretation or application of this Part shall be referred to the Borough Engineer for a decision. The Borough Engineer's fees shall be paid 1/2 by the property owner and/or contractor, and 1/2 by the Borough.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
It shall be the duty of every property owner or duly authorized representative to make application to the Public Works Inspector's Office for a curb or sidewalk permit, which may require a warrant of survey. The application shall be delivered to the Borough Engineer, who shall be required within 21 days, not including Saturdays, Sunday and holidays, from the time of application to calculate the line and grade for the construction. Work shall not commence until a warrant of survey (if required) has been completed. Any misrepresentation or false statement on any application for construction shall void said permit and no work shall proceed until a new application for permit is applied for by the contractor or property owner. If work is performed pursuant to a permit obtained fraudulently, or by misrepresentation, the Public Works Inspector may direct that the work be dismantled, and order that the applicant effect an installation or work consistent with this Part.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
All work done in accordance with this Part shall be subject to inspection and approval of the Public Works Inspector. All handicap ramps are to be constructed in accordance with the specifications of the most recent ADAAG Manual for curb cut ramps or the most recent PennDOT specifications for handicap ramps. In addition, recent specifications are attached hereto and incorporated herein by reference (see diagram at end of this Part). The Public Works Inspector and/or the Borough Engineer are hereby empowered to order cessation of work in the event that it is being done in violation of this Part. All owners subject to the provisions of this Part shall cease work immediately upon receipt of oral or written notice by the Public Works Inspector and/or the Borough Engineer.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
Any person who violates any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000. Each day that a violation continues constitutes a separate offense.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
Emmaus Borough Council may by resolution set forth a plan for the further development of the installation, preservation and maintenance of curb and sidewalk within the Borough of Emmaus.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
1. 
The factors that can be considered by the Public Works Inspector for replacement of curb, sidewalk, handicap ramps and driveway crossovers shall include, but are not limited to, the following:
A. 
Curb.
(1) 
One inch or more out of matching alignment with the adjacent curb.
(2) 
One inch or more out of matching plumb or leaning curb face.
(3) 
Severe cracks or advanced deterioration of material as determined by the Public Works Inspector.
(4) 
Improper depth of curb, less than 15 inches below street grade when a public street is being rebuilt or overlaid.
B. 
Sidewalk.
(1) 
One inch or more out of matching elevation to an adjacent curb.
(2) 
One inch or more out of matching elevation with the adjacent block.
(3) 
Roof drains discharging onto sidewalk.
(4) 
Severe cracks or advanced deterioration of materials as determined by the Public Works Inspector.
[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
1. 
The following sketches pictorially describe certain portions of the foregoing and are incorporated as part of this Part and are attached to the appendix hereto:[1]
A. 
Guidelines for handicap ramps.
B. 
Plastic pipe drain in sidewalk area.
C. 
Diamond plate covered drainage in sidewalk area.
D. 
Steel tree plate details.
E. 
Typical section curb and sidewalk.
F. 
Expansion and contraction joint details.
G. 
Driveway entrance and apron details.
H. 
Curb cut ramps.
[1]
Editor's Note: The sketches are included as attachments to this chapter.