[Ord. 2014-07, 9/8/2014, § 1]
This Part will be known and hereinafter referred to as the "Penn Township Sidewalk and Curb Ordinance."
[Ord. 2014-07, 9/8/2014, § 1]
For the purposes of this Part, the following terms shall have meanings ascribed thereto as follows:
The Federal Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and regulations adopted implementing such statute.
The Board of Supervisors of Penn Township, Lancaster County, Pennsylvania.
The Manual of Uniform Traffic Control Devices published by the Federal Highway Administration and adopted by PennDOT.
The Pennsylvania Department of Transportation or any agency successor thereto.
Any individual, association, partnership, public or private corporation, whether for-profit or not-for-profit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this Part, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for-profit or not-for-profit.
The Township of Penn, Lancaster County, Pennsylvania.
[Ord. 2014-07, 9/8/2014, § 1]
The owner or owners of all lots fronting or abutting upon any public street or alley shall, upon written notice from the Board, construct, lay, and set the respective sidewalks and curbs in front of or alongside their respective lots according to the elevations, grade, width, height and slope which are now or hereafter established by the Township, and of the materials and specifications hereinafter prescribed. Additionally, the owner or owners of all lots fronting or abutting upon any public street or alley shall maintain in good repair and condition free of hazard, satisfactory to the Board or its designee, the respective sidewalks and curbs in front of or alongside their respective lots. Such maintenance shall include the removal of any obstruction caused by the limbs and branches of vegetation adjacent to sidewalks.
[Ord. 2014-07, 9/8/2014, § 1]
1.
Prior to the laying, construction, reconstruction or alteration of either curbs or sidewalks by property owners, a property owner shall apply for a permit from the Township to do so according to the regulations set forth herein, together with the appropriate fee as may be established from time to time by resolution. The Township shall issue the permit if the application conforms to the ordinances of the Township. No person, whether a property owner or a contractor, shall lay, construct, reconstruct or alter either curbs or sidewalks prior to obtaining a permit.
2.
The property owner and the property owner's contractor are responsible for notification of all utilities using the Pennsylvania One-Call System and other means as necessary prior to the start of work.
[Ord. 2014-07, 9/8/2014, § 1]
1.
Location, Line and Grade. Parameters for location, line and grade will be outlined by the Township where applicable upon request. Curbs and sidewalks shall be constructed in accordance with approved development and/or Township plans and specifications and to lines and grades outlined by the Township. No curb or sidewalk grade shall adversely impact upon any building foundation.
2.
Safety. The property owner or property owner's contractor shall leave the work area clean and neat at the end of each day. The property owner or property owner's contractor shall place suitable barricades around the work area in such a manner as to protect both pedestrians and vehicular traffic. In the event that work involves the curb and/or apron adjacent to the roadway, such barricades shall be properly lighted during night hours. The property owner or property owner's contractor shall maintain the work zone in compliance with PennDOT work zone traffic control requirements.
3.
Obstructions. Where existing structures such as light standards, utility poles and fire hydrants are within the limits of curb or sidewalk construction, a rubberized expansion joint, not less than 1/2 inch in width, shall be placed completely around said obstruction for the full depth of the concrete. Expansion joint material shall be placed to form a square four inches from each side of the obstruction. No obstruction other than those listed above shall be permitted to be placed within a sidewalk. No structure shall be constructed within the limits of the curb. When obstructions including, but not limited to, railroad ties, concrete gutter and brick crosswalks are encountered during excavation, such obstructions shall be completely removed by the property owner or property owner's contractor and the excavated area backfilled in compliance with § 21-307.5 of this Part. Disturbance to the subgrade area below proposed sidewalk shall be filled with suitable material and compacted to the satisfaction of the Township. Tree stumps and roots shall be completely removed by the property owner or property owner's contractor in compliance with Subsection 8.
4.
Downspouts and Rain Gutters. Downspouts may only be placed within the sidewalk and curb along Township roads when necessary to resolve existing conditions and when specifically approved by the Township Roadmaster or Township Engineer. A one-inch reveal shall be maintained between the paved street surface and the bottom of the downspout pipe. Construction joints shall be placed on each side of the pipe. If insufficient grade and/or cover exists for placement of downspouts within the sidewalk and curb, rain gutters within the sidewalks and curb may be considered if approved by the Township Roadmaster or Township Engineer.
5.
Street Signs. The property owner or property owner's contractor is responsible for knowing and marking the location of existing street signs before construction begins. Where existing street signs are within the limits of sidewalk construction a four-inch polyvinyl chloride (PVC) pipe sleeve shall be installed by the property owner and/or property owner's contractor. This pipe sleeve shall extend the entire depth of the concrete. In addition, the sleeve shall be installed as directed by the Township to comply with MUTCD standards. The property owner or property owner's contractor shall contact the Township in the event of questions about the installation of signs and associated sleeves. In the event that a stop sign or other traffic control sign is involved within the project limits, temporary provisions shall be made to keep such sign erect and visible to motorists. No sign sleeves shall be installed within the limits of the curb. This installation shall not interfere with compliance with the ADA for minimum clear area and minimum vertical clearance.
6.
Ada Compliant Curb Ramps. ADA compliant ramps shall be provided at each intersection corner and driveways other than those classified as "minimum use" per PennDOT. Curb ramps shall be installed in accordance with PennDOT Standards for Roadway Construction, Publication 72M (RC-67M), latest edition, and applicable ADA standards.
7.
Monuments. No roadway monuments or property corners shall be covered or disturbed by the construction of a sidewalk or curb unless they are appropriately reestablished.
8.
Tree Stumps and Roots. When tree stumps and/or roots are encountered in excavation for curbs or sidewalks, they shall be removed by stump grinder and/or excavation. Grindings shall be completely removed. Spaces adjacent to the sidewalk shall be filled with acceptable material placed in six-inch layers and each layer shall be thoroughly compacted before the next layer is placed. The final layer of backfill in landscaped areas shall consist of previously stripped or new topsoil placed to meet the final grade. On the street side of the curb, the property owner or property owner's contractor shall comply with all applicable requirements of the Township to restore or establish the roadway.
[Ord. 2014-07, 9/8/2014, § 1]
1.
Sidewalks.
A.
Sidewalks shall be made of concrete with a minimum width of four feet six inches and constructed in accordance with PennDOT Standards for Roadway Construction, Publication 72M (RC-67M), latest edition, and associated PennDOT Form 408 Specifications, latest addition, unless specifically noted otherwise within this Part. Additional width greater than four feet six inches may be required by the Board when deemed necessary based on anticipated pedestrian traffic patterns and trip generators.
B.
All concrete sidewalks shall have a minimum thickness of four inches of concrete except across driveway aprons where the concrete shall have a minimum thickness of six inches and have steel reinforcing mesh placed within the driveway area. Appropriate adjustments in the sidewalk thickness are required in areas of truncated dome inserts as referenced in applicable PennDOT standards. All truncated dome inserts shall be of a color and type approved by the Township.
C.
Excavations for sidewalks shall be made to the required depth and a layer of compacted aggregate stone base not less than four inches thick shall be placed on stable subgrade and thoroughly tamped and consolidated prior to the pouring of the sidewalk.
D.
Where a tree lawn is provided, it shall be planted with groundcover and shall at all times be kept closely trimmed. Permitted tree species can be found in § 22-610.8 of Chapter 22, "Subdivision and Land Development." Planning of trees in the tree lawn area shall be in accordance with the applicable requirements outlined in Part 10 of Chapter 22, "Subdivision and Land Development." Planting of shrubs or hedges shall be prohibited. Placement of any non-plant matter within in the tree lawn shall be approved by the Township prior to placement.
E.
Planting of specified tree species (see § 22-610.8 of Chapter 22, "Subdivision and Land Development") shall be permitted within sidewalks without tree lawns provided that such shall be planted in accordance with the applicable requirements outlined in Part 10 of Chapter 22, "Subdivision and Land Development."
F.
Wherever possible, property owners shall maintain a uniform design for curb and sidewalk replacement within the block. If a grass strip exists between the curb and sidewalk, the grass strip shall be preserved when the sidewalk is replaced, particularly when the majority of sidewalks within a block contain similar grass strips. If a sidewalk without a grass strip is replaced and a majority of sidewalks within the block have a grass strip, a grass strip shall be provided.
G.
Sidewalks shall have a uniform fall no less than 1% and no more than 2% from the back edge of the sidewalk toward the curb, unless directed otherwise by the Township. The grass strip between the sidewalk and the curb shall conform to the same slope.
H.
Rubberized expansion joint material 1/2 inch thick shall be placed no more than every 20 linear feet of sidewalk, at the beginning and end of the radius, and at a change in horizontal alignment and property lines. Construction joints shall be placed at a maximum distance of five linear feet. Construction joints may be handtooled or saw-cut, but must be established to a depth equal to a minimum depth or one-inch or a quarter of the thickness of the concrete slab.
I.
Sidewalks across driveways shall be constructed in accordance with PennDOT Standards for Roadway Construction, Publication 72M (RC-67M), latest edition, and applicable ADA standards. The cross-slope of the sidewalk within the driveway apron shall not exceed 2%. The sidewalk across the driveway and the driveway apron shall be a minimum of six-inch thick concrete and on a six-inch thick layer of compacted aggregate stone base with steel reinforcing mesh.
2.
Curbs.
A.
Vertical curbs to be installed shall be constructed in accordance with PennDOT Standards for Roadway Construction, Publication 72M (RC-64M), latest edition, and associated PennDOT Form 408 Specifications, latest edition, unless specifically noted otherwise within this Part. Portions of the curb which are replaced between two satisfactory sections shall have the same exposed surface and reveal as the existing curb when directed by the Township. Replacement of existing slant curb shall be consistent with current standards.
B.
Rubberized expansion joint material shall be placed in curbs at the end of each workday, at the beginning and end of a radius, at a change in horizontal alignment.
C.
Excavations shall be made to the required depth and the material upon which the curb is to be constructed shall be stable and have a layer of 2B crushed stone not less than four inches thick which shall be placed and thoroughly tamped and compacted prior to the laying of the curb.
D.
Asphalt removal within the street to accommodate excavation and full depth forming for curb installation shall be parallel to the finished curb and not less than 12 inches nor more than 24 inches from the face of the curb and shall be saw-cut in a straight line full depth. All material excavated from the street area shall be replaced with PennDOT approved 2A modified stone and compacted to a depth determined by the Township. The cross-section and material of the asphalt roadway restoration from the existing or disturbed cartway edge to the face of the curb shall be as outlined in the street standards within Chapter 22, "Subdivision and Land Development," or to match the adjacent existing asphalt cross-section, whichever is greater.
E.
A depressed curb shall be constructed across every private residential and minimum use driveway and shall be installed with steel reinforcement as depicted in the PennDOT RC Standard. The curb shall remain at least 1 1/2 inches above the finished street surface to accommodate gutter flow unless identified for ADA access.
[Ord. 2014-07, 9/8/2014, § 1]
1.
Material Specifications. All materials shall conform to PennDOT Publication 408, latest edition. All sidewalks and curbs shall be constructed of Class A concrete with required air entrainment. Calcium chloride is prohibited for use in repair or construction.
2.
Forms. All forms must be well aligned and fully supported. Within areas where sidewalks have curved alignments, the forms must be smooth with no observable or abrupt changes in direction.
3.
Finishing. All forms shall be removed within 24 hours after the concrete has been placed and minor defects addressed.
4.
Curing. Concrete curbs and sidewalks shall be protected from rain with plastic or similar material. Curing compound may be applied to retain moisture in concrete to allow complete hydration of the cement. Plastic, burlap or other types of moisture barrier shall be used to maintain concrete wet during the curing process for at least seven days after pouring if curing compound is not used. No concrete shall be placed when the temperature is below 40° F. or inconsistent with the standards outlined within the applicable sections of PennDOT Form 408. To help prevent spalling and deterioration of concrete surface from winter damage, a concrete hardener may be applied 28 days after concrete is poured.
5.
Backfilling and Trench Restoration. After the concrete has cured sufficiently, spaces adjacent to the curb and sidewalk shall be refilled with acceptable material in layers of not more than four inches in depth. Each layer shall be thoroughly compacted to the required elevation on the roadway side of all curbs, backfill shall consist of PennDOT approved 2A modified stone placed and compacted in six-inch layers to within four inches of the existing road surface or as required to match required asphalt restoration. The contractor shall temporarily fill the area with stone until such time as permanent trench restoration is completed. In such circumstances, the contractor may be required to temporarily fill the excavated area with cold patch asphalt if the duration of time between the temporary and permanent restoration of the subject area is anticipated to be in excess of 14 days. All roadway restoration shall conform to Township standards.
6.
Expansion Joints. Where a sidewalk abuts the curb, a building, wall or other permanent structure, a premolded rubberized expansion joint 1/2 inch in thickness shall be placed between the curb and sidewalk for the full length of such permanent structure or feature.
7.
Scoring and Finishing. Where sidewalk is installed as part of an enhancement area with specific uniform standards established, all sidewalk and curbing shall be installed in accordance with those applicable standards. This may include but not be limited to troweled frame borders, special broom finishes, scoring, etc.
8.
Concrete Color. Coloring of concrete for curbs and/or sidewalks shall be prohibited unless specifically approved by the Board.
9.
Stamped Decorative Patterned Concrete. Stamped concrete for curbs and/or sidewalks shall be prohibited unless specifically approved by the Board.
10.
Township Observation. After compacted stone base and all forms have been set and prior to pouring of any concrete, the property owner or the property owner's contractor shall contact the Township office to schedule an observation. In cases where there is concern regarding the stability of the subgrade soil or substantial disturbance to the subgrade occurs the Township will request to verify the stability of the subgrade soil prior to placement of stone base. The Township shall be provided with a minimum 24 hours' prior notice to the on-site expected concrete delivery time. The property owner and/or property owner's contractor shall complete all corrective actions outlined by the Township representative and if necessary shall notify the Township that the site is ready for follow-up observation. Notice to the Township for follow-up observation shall be provided with a minimum 24 hours' prior notice. All required follow-up observations shall be completed prior to the pouring of concrete. Concrete pour tickets from the trucks delivering concrete verifying the concrete mixture shall be made available to the Township representative upon request. A final observation shall be completed after concrete has set and cleanup has been completed.
[Ord. 2014-07, 9/8/2014, § 1]
The Board may, by resolution or by motion, authorize the construction of curbs and sidewalks other than specified herein upon written request from the property owner.
[Ord. 2014-07, 9/8/2014, § 1]
1.
Prior to street improvements, including bituminous asphalt overlay, the Township shall require, upon 120 days written notification to the property owner, that curb and/or sidewalk be replaced that does not have a normal life expectancy of more than five years, has substandard or hazardous conditions or vertical curb does not have a minimum exposed surface or reveal of 5 1/2 inches. If, in the opinion of the Township Roadmaster or Township Engineer, milling of the existing street surface can be satisfactorily achieved, the minimum reveal may be reduced to the extent of the proposed milling depth.
A.
Vertical variations or changes in level of 1/2 inch or greater within the sidewalk or between slabs of sidewalk and/or curb is hereby declared a hazard to public safety and shall be corrected in accordance with the specifications contained herein and applicable ADA standards. Vertical variations over 1/4 inch along accessible routes shall be beveled in accordance with ADA standards. In circumstances where the vertical separation within the sidewalk or between slabs of sidewalk and/or curb is less than or equal to one inch, the grinding down of the vertical separation may be permitted in lieu of replacement if specifically authorized by the Township.
B.
The Township Roadmaster or Township Engineer shall determine which curbs and sidewalks do not meet the specifications required above or have substantial spalling or deterioration (+/- 25%) and shall notify the respective owner of necessary action; however, not receiving notice shall not relieve the property owner from maintaining sidewalk and/or curb on their respective property(ies) in good repair and condition free of hazard.
[Ord. 2014-07, 9/8/2014, § 1]
Whenever the owner or owners of any property in the Township shall fail to comply with any of the requirements in this Part, the Board may cause notice to be served upon such owner or owners, their agent or tenant, in the manner prescribed by law, setting forth specifically in what respect such owner or owners have failed to comply with any of the above requirements and what work such owner or owners are required to do in order to effect such compliance. In the event of the failure or neglect of any such owner or owners to comply with the terms and conditions of such notice within 20 days from the date of service of such notice in the case of new work, or within 10 days from the date of service thereof in the case of repair work, the Board may cause such work to be done at the cost of the owner or owners of such property, and the cost thereof and 10% additional, together with all charges and expenses, shall be collected from such owner or owners by the Township, which may file a municipal claim therefor or collect the same by a civil action, as the Board may direct.
[Ord. 2014-07, 9/8/2014, § 1]
Any person who shall violate a provision of this Part or who shall fail to comply with any of the requirements thereof shall be liable upon summary conviction therefor to fines and penalties of (a) not less than $100 nor more than $1,000 plus all costs of prosecution for a first offense, (b) not less than $200 nor more than $1,000 plus all costs of prosecution for a second offense, and (c) not less than $300 nor more than $1,000 plus all costs of prosecution for a third offense, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this Part shall be paid over to the Township Treasurer. Each day that a violation continues and each section of this Part which is violated shall be deemed a separate offense. This Part may also be enforced by an action in equity brought in the Lancaster County Court of Common Pleas.
[Ord. 2014-07, 9/8/2014, § 1]
The Township's rights and remedies under this Part and as otherwise provided by law shall be cumulative, and the pursuit of one shall not be deemed to preclude the subsequent pursuit of any other right or remedy.