[Ord. 784, 7/2/1987, § 1]
This Part shall be known as the "Sidewalk and Curb Ordinance
of the Borough of Hatboro."
[Ord. 784, 7/2/1987, § 2]
1.
In interpreting this Part, the singular shall include the plural
and the masculine shall include the feminine. The word "person" includes
natural person, partnership, firm, association, corporation, or Borough
authority.
2.
BOROUGH
BOROUGH COUNCIL
BOROUGH OFFICIAL
CURB CUT
RIGHT-OF-WAY
SIDEWALK
STREET
The following words, when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, in the United States of America.
The duly elected members of the Borough Council of the Borough
of Hatboro.
A duly appointed official of the Borough of Hatboro designated
to enforce this Part.
A depression in the curb grade for the purpose of permitting
wheeled vehicles to cross the curb line; such as, but not limited
to, driveway entrances, handicap access ramps.
A public street, road or highway, lane, alley, sidewalk,
or footpath officially dedicated and accepted by the Borough of Hatboro.
Right-of-way shall include all that area between the legal right-of-way
lines.
A paved area lying between the curb line and the right-of-way
or property line. Usually a fixed and proportional width of the total
distance between opposite street lines, the sidewalk is public property
but is maintained by the adjoining property owner at the owner's
responsibility and cost.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Borough of Hatboro and established
for the use of vehicles.
[Ord. 784, 7/2/1987, § 3]
It shall be the intent of this Part to establish standards and
specifications for the construction of required sidewalks and curbs
in the public rights-of-way within the Borough, and to establish requirements
for maintenance and replacement as well as maintaining public access
free of obstruction to all required sidewalks within the Borough of
Hatboro.
[Ord. 784, 7/2/1987, § 4]
1.
A permit issued by the Borough shall be required before any person
can begin construction, replacement, or repair of any required sidewalk
or curb; or before any installation, alteration, repair, curb cut,
or removal of sidewalk or curb within the Borough of Hatboro. Application
for permit shall include a full description of location, name and
address of applicant and the full extent of work to be done. Opening
of sidewalks and curbs for utility inspection or repair shall be controlled
by the provisions of the Excavations in Right-of-Way Ordinance of
the Borough of Hatboro [Part 2].
2.
All construction, replacement or repair, alteration, curb cuts, or
removal of any required sidewalk or curb shall be subject to inspection
by the appropriate Borough official, and must meet all current Borough
specifications. Defective work, or work not in accordance with Borough
lines, grades, or specifications, shall be removed and replaced in
accordance with Borough lines, grades, and specifications at the expense,
of the property owner or contractor responsible for the project. Nothing
in this provision shall be construed to apply to existing sidewalks,
curbs, or curb cuts which were constructed to prior specifications
and have been maintained in good condition.
3.
Permits shall be effective for a period of 30 days from the date
of issue. No work shall be done before the issuance of a permit, except
that a property owner may make necessary emergency or temporary repairs
to allow safe use by the public of any damaged sidewalk or curb. Permits
for permanent repair or replacement shall be applied for as soon thereafter
as weather permits.
4.
Fees for permits and inspections shall be set from time to time by
resolution of Borough Council. Permit fees shall include required
engineering costs to place stakes, etc., for lines and grades of said
sidewalk or curb, when necessary.
[Ord. 784, 7/2/1987, § 5; as amended by Ord. 1005,
5/23/2011]
1.
Construction of Curbs and/or Sidewalks.
A.
When a new street is constructed curbs shall be required. The required
construction of sidewalks shall be determined by Borough Council.
B.
When an existing street is reconstructed to a new grade causing a
reveal of more than or less six inches on any existing curb, and/or
the street is reconstructed to a new width, new curbs shall be required.
The required construction of sidewalks shall be determined by Borough
Council. The cost of installation of curb and/or sidewalks on reconstructed
existing streets may be placed on the abutting property owner at the
direction of Borough Council.
C.
When a major land development plan is approved, Borough Council may
require the construction or reconstruction of curbs and sidewalks
along existing streets to insure compliance with current codes and
standards. The cost of construction or reconstruction of curbs and
sidewalks shall be the responsibility of the owner of the property
being developed.
2.
At the direction of Borough Council the Borough Engineer shall review
submitted plans and profiles of proposed streets, gutters, curbs,
and sidewalks or shall create plans and profiles for proposed or existing
streets, gutters, curbs, and sidewalks Upon acceptance of said plans
and profiles by Borough Council, the included lines and grades shall
become the official lines and grades for all future construction,
repair, or replacement of sidewalks or curbs in the Borough of Hatboro.
3.
General Specifications.
A.
Sidewalks, curbs and driveway aprons shall be constructed in accordance
with the Borough of Hatboro Specifications and Design Standards, incorporated
herein by reference and as may be amended from time to time by Resolution
of Borough Council.
B.
Sidewalk Width Requirements.
(1)
Minimum sidewalk width for all new construction in the Retail, Commercial, Office, Highway Business, and Industrial Zoning Districts [see Chapter 27, "Zoning"] shall be 72 inches.
(2)
Minimum sidewalk width for all new construction in all other
zoning districts shall be 48 inches.
(3)
Minimum sidewalk width for existing sidewalk repair or replacement
shall be to the existing width of abutting sidewalks, and all repaired
or replaced sidewalks shall be finished to existing line and grade
of abutting sidewalks provided that the abutting sidewalks are at
or near the specified line and grade.
C.
All concrete for sidewalks and driveway ramps shall conform to Class
A Cement Concrete PennDOT Form 408, § 704.
D.
All concrete shall be cured as per PennDOT Form 408, specifications.
E.
All new sidewalk construction shall comply with handicap access provisions
of the Americans with Disabilities Act.
F.
There shall be a foundation of a minimum of four inches of compacted
crushed aggregate (PennDOT Mod. 2-A) under all sidewalks in conformance
with PennDOT Form 408.
4.
Curbing.
A.
Line/grade slopes shall be laid to the specifications established
or approved by the Borough Engineer. All new construction shall meet
existing abutting curbs at the same level as the existing curbs, unless
the existing curb is substantially outside the established line/grade
level. When this situation occurs, the Borough Engineer shall make
a recommendation to Borough Council as to appropriate action needed
to prevent a safety hazard.
B.
Curbing shall be 18 inches in depth, seven inches wide on the top
and eight inches wide at the bottom. The upper outside edge shall
be finished to a radius of 3/4 inch, in accordance with PennDOT plain
cement concrete curb specifications.
C.
Outside forms shall be metal except that wood forms may be used on
sharp curves or on short sections not exceeding four feet.
D.
All forms shall be clean when used.
E.
The finished curb shall be free of voids and honeycombs.
F.
Curbs shall be constructed in ten-foot lengths wherever possible.
Shorter lengths may be constructed, but no length shall be less than
four feet. Each length shall be separated with expansion joints.
G.
Curb sections removed for driveways, ramps, or replacements must
be removed to a curb joint.
H.
All curbs shall be poured separate of the sidewalk.
I.
All curbs when poured shall have an expansion joint between the curb
and sidewalk.
J.
All roadway shall be replaced to specifications.
5.
Driveway Aprons.
A.
All driveway aprons that have sidewalks shall be concrete from rear
of curb to back edge of sidewalk.
B.
All driveway aprons shall be six inches minimum in thickness and
meet the sidewalk and grade at curb depressions. Wire or reinforcement
rods shall be required.
C.
Driveway grade shall meet the sidewalk grade.
D.
No driveway shall exceed 35 feet total width between tangent points
of street curb at commercial installations without approval of the
Borough Council.
E.
No driveway shall exceed 18 feet total width between tangent points
of street curb at residential installations without approval of the
Borough official.
F.
No driveway shall be cut beyond tangent points of radius or extend
beyond curb.
G.
There shall be a foundation of a minimum of six inches of compacted
crushed aggregated (PennDOT Mod. 2-A) under all driveway aprons.
6.
Grade Requirements Where Curbs and Sidewalks Are Present.
A.
The driveway approaches shall be installed no more than two inches
and not less than one inch above the adjacent roadway for the gutter
grade to maintain proper drainage.
B.
Driveway entrances may be extended into the sidewalk area if it becomes
necessary to keep cars from scraping bottom. The apron must be sloped
to the sidewalk in such a degree that it does not cause a hazard to
pedestrians.
[Ord. 784, 7/2/1987, § 6; as amended by Ord. 941,
9/17/2001, § 106]
1.
Once sidewalks and curbs have been constructed, abutting property
owners are required to maintain said sidewalks and curbs in a complete
and safe condition at all times. Abutting property owners shall not
permit the obstruction of public sidewalks by any means including,
but not limited to, natural vegetation, snow, vehicles, construction
materials, trash, garbage, or other debris.
2.
Sidewalks may not be closed or have access restricted for any reason
except as follows:
A.
When an emergency condition exists which would make the sidewalk
unsafe for public use.
B.
When repairs are being made to the sidewalk or curb or to a water,
sewer, or utility line beneath the sidewalk.
C.
When the sidewalk has been ordered closed by the Police Department
or appropriate Borough official.
3.
Whenever a sidewalk is closed for emergency condition or repair as
permitted in Subsection 2A or 2B, the property owner or contractor
shall notify the Borough office of the reason for the closing, and
the expected reopening time.
4.
Borough Council or an authorized Borough official may determine that
a sidewalk or curb requires repair or replacement. The abutting property
owner shall be given written notice of the required repair or replacement
and shall be required to make the repair or replacement within 30
days from the date of notice.
5.
The Borough may grant extensions of time to make required repair
or replacement. All extension will for a time specific and will be
set forth in writing made by the property owner. Extension may be
granted only if there is no clear or present danger or hazard to the
property owner or general public. Extension may be granted for the
following reasons:
A.
Weather conditions that interfere with the making of repairs or replacement.
B.
Combining several sidewalk/curb repairs or replacement in the same
general neighborhood into one project under a single contractor.
C.
In the opinion of Borough Council, the required repairs are a result
of action by the Borough or an agency of the Borough, or another governmental
agency. In which case Borough Council may extend the time to make
repairs to explore alternative means of funding for repairs.
D.
Reasonable cause.
[Ord. 784, 7/2/1987, § 7]
Whenever an abutting property owner fails to comply with any notice served pursuant to § 21-106, Subsection 4, of this Part, the Borough may cause work to be done and collect the cost thereof, together with all charges and expenses, including permit fees, and a penalty of 20%, from the owner of the property abutting the said sidewalk or curb, and may file a lien against the property, or take whatever appropriate legal action which may be necessary to recover said costs, expenses, charges, fees, and penalty, and may be in the best interest of the Borough. Such action shall not preclude the Borough from taking action under § 21-108 of this Part.
[Ord. 784, 7/2/1987, § 8; as amended by Ord. 833,
12/18/1989, § 8; and by Ord. 907, 9/23/1996, § 21-108]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, 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.
