[Ord. 989, 1/17/2005; as amended by Ord. 1046, 3/16/2009]
1.
ADAAG
BOROUGH ENGINEER
CARTWAY
CONTRACTOR
CROSSOVER
PEDESTRIAN CONNECTIVITY
PERSON
PROPERTY LINE
PUBLIC WORKS INSPECTOR
RECONSTRUCTION
RIGHT-OF-WAY
STREET
Definitions.
Acronym for Americans with Disabilities Act Accessibility
Guidelines.
The Borough Engineer for the Borough of Emmaus.
The portion of the public right-of-way designated for vehicular
use, including opened and unopened streets.
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.
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.
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.
Any natural person, partnership, firm, association, utility
or corporation.
That line which is coincident to and identical with the line
marking the extremity of the right-of-way boundary.
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.
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.
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.
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.
[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.
