[Adopted 8-12-1974 by Ord. No. 291]
The respective owners of all lots abutting on all highways regularly
used by pedestrians within the Borough shall build and maintain a
sidewalk to grade along the whole frontage of their respective properties.
[Amended 6-14-2004 by Ord. No. 515]
The pavements on all sidewalks hereafter built shall be a minimum
of four feet wide and shall be supported by a curb between the outer
edge of the sidewalk and the cartway, which curb shall be 22 inches
deep, six inches wide at the top, eight inches wide at the bottom,
with the batter on the outside; and the concrete of the sidewalk shall
be at least four inches in thickness except at driveways where the
concrete shall have a minimum of six inches in thickness. Where unique
topographic or site circumstances exist that warrant the reduction
of the width of a particular sidewalk from the foregoing four-feet
minimum width, the Dallastown Borough Council may approve such reduction
to a reasonable width, but the same shall be no less than three feet
wide.
[Amended 3-12-2001 by Ord. No. 463]
A.
All curbs and sidewalks hereafter built shall be constructed of premix
certified concrete having a twenty-day compressive strength of 3,000
pounds per square inch (psi), and shall be finished by one of the
following methods:
B.
If the finish of the sidewalk is pattern-stamped, the same shall
meet the following additional criteria:
(1)
The color of the same shall be red and the coloring shall be mixed
into the concrete so that it shall be permanent, and any materials
to create such coloring shall be environmentally compatible; and
(2)
The design of the resulting brick appearance shall be either herringbone
or shall make an appearance of bricks running in line with each other.
It shall be unlawful for any person whether as owner or contractor
to lay or repair or begin the laying or repairing of any curb or sidewalk,
whether said curb or sidewalk is constructed or to be constructed
on the highway or back from said highway, unless a permit therefor
shall first be secured as hereinafter provided. The fee for a curbing
and sidewalk permit shall be paid at the time application is made
therefor. A separate permit shall be required for the laying of a
curb and sidewalk unless laid simultaneously.
As used in this article, the following terms shall have the
meanings indicated:
The tearing up of a portion of the old curb or sidewalk and
relaying the same with new material.
Permits are to be granted for a definite period, which is to
be as short as the circumstances of the case will permit, but in no
case shall a permit be granted to cover a period longer than 60 consecutive
days. If at the end of the period any further use of the highway is
required, another permit must be secured in the same manner and under
the same circumstances as to fees, periods, etc., as in the case of
an original permit.
No permit shall be issued unless an application therefor to
the Mayor and/or Borough Secretary is made in writing on forms to
be provided for that purpose and signed by the person desiring the
same or by a duly authorized agent or contractor. Said application
must contain all the information needed to enable the Mayor and/or
Borough Secretary to ascertain the exact location, extent and character
of the work. The Mayor and/or Borough Secretary shall investigate
said application and, unless the work would be done in violation of
law or ordinance, shall issue a permit. If, in the opinion of the
Mayor and/or Borough Secretary, said work would be in violation of
law or ordinance, he shall at once refer said application to the Borough
Council, which shall pass upon said application subject to all conditions
herein specified.
Upon the neglect or refusal of any property owner to comply
with any of the requirements provided in the preceding sections of
this article, within 60 days after notice, the Borough may, after
notice, cause the grading, installation, paving, repairing, curbing,
regrading recurbing or repaving in the manner as above set forth and
required by this article to be done at the cost of such owner and
the Borough may collect the costs thereof and 10% additional, together
with all charges and expenses from such owner, and may file a municipal
claim therefor and collect the same in an action of assumpsit.
Pavements or curbs not laid in conformity with the provisions
of this article and the established grade of the street on which they
are constructed are hereby declared to be nuisances and must be taken
up and regraded according to the provisions of this article within
60 days after notice by the Borough to the owner so to do. Upon the
failure or refusal of the owner to regrade, recurb and repave the
sidewalk within the time stipulated, the Borough shall cause said
sidewalk to be regraded, recurbed and repaved in the manner hereby
required and the Borough may collect the costs thereof and 10% additional,
together with all charges and expenses from such owner, and may file
a municipal claim therefor and collect the same by an action in assumpsit.
[Amended 4-13-1998 by Ord. No. 432]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine of not more than
$600, plus costs of prosecution, and in default of payment of such
fine and costs by imprisonment for not more than 30 days. Each day
a violation exists shall constitute a separate offense.
