[Ord. 1998-3, 6/1/1998, § 501]
Owners of land within the Borough of Watsontown on which sidewalks
are constructed, and persons in possession of any such premises, shall
properly maintain, in accordance with criteria developed by the Borough
Council and approved by resolution by the Borough Council, such sidewalks,
and shall be responsible for the repair thereof in a manner satisfactory
to the Borough of Watsontown. All sidewalks or sections thereof hereafter
constructed, reconstructed or repaired shall conform to the requirements
of this Part and with A.D.A. standards.
[Ord. 1998-3, 6/1/1998, § 502]
1.
No person or group of persons, partnership or corporation shall commence the construction or reconstruction of any sidewalk in the Borough of Watsontown without first making application for and securing a permit therefor from the Borough Manager or Code Enforcement Officer. Applications for a sidewalk construction or reconstruction permit shall be on forms provided by the Borough, and, in the case of new construction, a plot plan showing the location of the proposed work in relation to existing buildings and sidewalks. No work under this section shall be commenced without first having secured a line and grade from the Borough Manager or Code Enforcement Officer in accordance with the applicable provisions of §§ 21-514 to 21-517 of this chapter.
A.
As used in this chapter, "reconstruction" shall mean the complete
replacement of sidewalk to either existing or new line and grade.
B.
Permit fees shall be established from time to time by resolution
of Council.
C.
Any permit issued under this Part shall be null and void unless work
is commenced within six months of its issuance. If work is commenced
within said six-month period and abandoned within one year of the
date of the issuance of the permit, said permit shall be null and
void. One or more ninety-day extensions of time may be granted by
the Borough Manager or Code Enforcement Officer for cause shown after
written application therefor.
[Ord. 1998-3, 6/1/1998, § 503]
[Ord. 1998-3, 6/1/1998, § 504]
Notice to reconstruct, repair and/or replace existing sidewalks,
due to unsafe conditions, shall be provided in writing to the owners
of property containing said sidewalks. Such owners shall have six
months from the date of the notice to reconstruct, repair and/or replace
said unsafe conditions, except where repairs are required, which in
the opinion of the Borough Manager or Code Enforcement Officer are
of an emergency nature, in which event 48 hours' written notice
shall be given.
[Ord. 1998-3, 6/1/1998, § 505]
Upon neglect of any owner or owners of property to reconstruct,
repair or replace existing sidewalks in a safe and usable condition,
the Borough shall, after notice as herein provided, cause the reconstruction,
repair or replacement of said sidewalk and shall collect the cost
thereof, together with an additional amount representing all administrative
charges and expenses up to an amount of 10% of the cost of the reconstruction,
repair or replacement from such owner or owners, and may file a municipal
lien therefor in the Court of Common Pleas of Northumberland County,
Pennsylvania, or collect the same by action in assumpsit according
to the Acts of Assembly of the Commonwealth of Pennsylvania pertaining
thereto.
[Ord. 1998-3, 6/1/1998, § 506]
If any sidewalk shall be reconstructed, repaired or replaced
without conforming to the requirements of this Part, or any other
Part or law, the Borough Manager or Code Enforcement Officer may require
the owner of the premises and other persons responsible for construction
to remove the faulty paving as a nuisance, and replace it with conforming
construction, and on failure of such person to do so within such time
as the Manager shall fix, the Borough may proceed to do so and collect
the cost thereof by entry of lien or otherwise.
[Ord. 1998-3, 6/1/1998, § 507]
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 $300; and/or imprisonment for a term not to
exceed 90 days.
[Ord. 1998-3, 6/1/1998, § 507]
As used in this Part 5, the following terms shall have the meanings
indicated:
That representative appointed by the Borough Council in lawful
session to administer the sidewalk program. The authorized representative
may also be referred to as the "Inspector."
The Borough of Watsontown, Northumberland County, Pennsylvania.
Authorized representative.
The portion of a street outside the cartway and shall include
paved footway, unpaved grass plot, curb and gutter.
Any public street in the Borough of Watsontown.
[Ord. 1998-3, 6/1/1998, § 508]
Every owner of property which abuts any street in the Borough
shall, upon notice from the Borough Council or other authorized representative
of the Borough, grade, construct, drain, pave or repave the sidewalk
in a manner stipulated in such notice, in compliance with the provisions
of this Part, and within the time specified in such notice.
[Ord. 1998-3, 6/1/1998, § 509]
Borough reserves the right to adopt, from time to time, specifications,
rules, regulations, permit requirements and fee schedules as it shall
deem necessary and proper relating to curbs and sidewalks; which,
to the extent appropriate, and shall be construed as part of this
Part.
[Ord. 1998-3, 6/1/1998, § 510]
1.
No person, firm or corporation shall cause any sidewalk to be obstructed.
2.
A permit shall be obtained from the Borough office prior to commencement
of any construction, reconstruction, replacement, repair or obstruction
of any sidewalk. The permit fee shall be established by this governing
body, from time to time, by resolution.
3.
All sidewalks shall be constructed, reconstructed and repaired in
accordance with the specifications and rules and regulations as determined
from time to time.
[Ord. 1998-3, 6/1/1998, § 511]
Any property owner, upon his own initiative and without notice
from the Borough, may construct, reconstruct or repair a sidewalk
in front of or alongside his property, provided he conforms with the
provisions of this Part and has obtained a permit.
[Ord. 1998-3, 6/1/1998, § 512]
Whenever any property owner shall fail to construct, reconstruct
or repair any sidewalk within the time limit specified by the Borough,
or, having undertaken to construct, reconstruct or repair any sidewalk
either on his own initiative or following notice from the Borough
to do so, shall fail to conform strictly to the proper line and grade
and to all other requirements of this Part, the Borough may cause
such construction, reconstruction or repair, or correction of any
deficiency, to be done at the cost of the property owner, and may
collect the cost thereof and 10% additional together with all charges
and expenses, from such property owner, and file municipal claim thereof
or collect the same by action of assumpsit.
[Ord. 1998-3, 6/1/1998, § 513]
1.
Responsibility for Costs. The property owner shall be responsible
for the cost of the construction, reconstruction, replacement or repairs.
In addition, the owner will be responsible for the restoration of
any disturbed areas including landscaping, trees and other plantings,
without reimbursement.
2.
Transition Pieces. Transition pieces may be used to bridge any mismatch
in alignment between new and existing sidewalks that are adjacent.
All transition pieces shall be approved by the Inspector.
3.
Sidewalk Rear Lines. The rear lines of sidewalks shall be continuous
to the extent possible. Where rear lines cannot be continuous, transition
pieces will be required as listed above.
[Ord. 1998-3, 6/1/1998, § 514]
1.
The following are considered maximum allowable deficiencies. If a
significant portion of the curb or sidewalk section (greater than
25%) fails to meet these standards, you will be requested to make
repairs or replace the affected curb or sidewalk section.
2.
Curb/Sidewalk Offsets. Offsets between adjacent sections of curb
and sidewalk shall not exceed one inch either horizontally or vertically.
Offsets of more than one inch will require replacement of curb or
sidewalk or both.
[Ord. 1998-3, 6/1/1998, § 515]
1.
Minimum Width. New walks shall have a minimum width of 48 inches.
2.
Uneven or Sunken Slabs. Any sidewalk slab that has settled greater
than a 12:1 slope shall be replaced or repositioned.
3.
Surface Continuity. Any crack, bump, heave, depression, separation
or other distortion of the continuity of the surface of the sidewalk
shall not exceed one inch in elevation differential.
4.
Repairs/Spalling. Spalling, chipping and/or crumbling shall not exceed
a depth of one inch or an area greater than one square foot. Repairs
may take the form of a new slab, pargeting, or the use of approved
epoxies, subject to the approval of the Inspector. Asphalt material
is not an acceptable material.
[Ord. 1998-3, 6/1/1998, § 516]
1.
Sidewalks Other Than Concrete. Sidewalks other than concrete shall
be separately inspected and an individual determination made on a
case-by-case basis to be consistent to the extent possible with these
specifications for concrete sidewalks.
2.
New Walk Material. All new and replaced sidewalks shall be constructed
of concrete, brick or ceramic materials or other material approved
by the Borough Council. Asphalt material is not to be considered for
future new walks or repair materials.
3.
Asphalt Paved Areas. Where paved asphalt areas abut the street (such
as parking lots and service stations) a walkway line may, at the discretion
of the Inspector, be defined by painting two yellow lines, each three
inches wide and four feet apart, on the asphalt in the location where
a concrete sidewalk would normally be installed. This walkway shall
be kept clear of all obstructions.
4.
Warning and Protective Devises/Liability. It shall be the duty of
every property owner grading, constructing, draining, paving or repaving
the sidewalk abutting his property, to provide and maintain adequate
guards, barriers and lights to prevent accidents and such owner shall
assume all risks and liability for all damages by reason of such work,
and by reason of any failure to fill such area.
5.
Unusual Circumstances. The Inspector will be permitted to use limited
discretion to address unusual circumstances not listed herein.
[Ord. 1998-3, 6/1/1998, § 517]
If a property owner fails to complete the necessary work within
the time stated in the notice, the Borough may order the work to be
done under Borough contract, filing a municipal lien with an annual
interest rate, plus 10% of cost of said work as an administrative
expense, or may institute legal proceedings for levying of a fine,
as provided by the Sidewalk Ordinance.
[Ord. 1998-3, 6/1/1998, § 518]
1.
The Inspector makes the initial inspection and determines need for
repair.
2.
The Inspector determines whether a variance from standard specification
is appropriate.
3.
The Inspector issues a notice to the property owner requiring the
installation, repair or replacement of the walk. That notice will
include a deadline for the owner to object and request modification.
4.
If the owner's written request is accepted by the Inspector,
the Inspector will issue a second notice with the changes made.
5.
If the Inspector does not agree with the owner's request, the
owner has 10 days to request in writing a hearing by the Borough Council.
The Borough Council must schedule a hearing within 30 days after receiving
the written request.
6.
After reviewing the request of the owner and the results of the Inspector,
the decision of the Council is final. If the Council agrees with the
owner's request, it will instruct the Inspector to modify his
notice.
7.
Any variance from standard specifications will be valid only as long
as the initial reason for the variance (existing tree, porch, etc.)
exists.
8.
Physical limitations on meeting standard specifications such as existing
trees, fences, retaining walls, porches, buildings, lay of land, etc.,
may be granted a variance.
9.
If a property abuts property that is undeveloped or near a border
of the Borough, sidewalks may not be required until further development
occurs.
10.
Degree of repair or replacement requested may be challenged.
11.
Financial hardship does not qualify for a variance from these specifications.
