[Ord. 163, 8/10/1936, Section 13; amended by Ord. 600, 9/13/1961;
Ord. 1451, 10/9/1994, Section 1]
The following definitions shall be used in defining the meaning
of the terms used in this ordinance, as amended:
The building or laying of a new sidewalk on areas of land
where none previously existed.
The restoration or repair of a sidewalk, curb, gutter or
drain which has previously been in existence and shall be deemed to
include patching, the relaying or reconstruction of certain parts
thereof, or any other measures necessary to make the said sidewalks,
curbs, gutters and drains safe and in good condition and within the
provisions of this ordinance.
[Ord. 975, 4/21/1980; amended by Ord. 1158, 12/16/1986, Section
1; Ord. 1253, 8/24/1989; Ord. 1451, 10/9/1994, Section 2; Ord. 1605,
10/22/1999, Section 1]
a.
On
Certain Highways. Sidewalks for the use of pedestrians shall be built
and maintained on all dedicated streets or State highways of the Municipality,
at the expense of the owners of the abutting properties and shall
be kept in thorough repair and in a safe condition. Sidewalks shall
be accessible to all individuals. Sidewalks shall be built upon one
year's notice to the owner. Repair to sidewalks shall be made within
120 days of notice to the owner. Said notices shall be given by the
Municipal Secretary at the direction of the Municipal Engineer. Where
curbs, gutters and drains are not already provided, Council may, in
the notice to lay the sidewalks, also require that curbs, gutters
and drains be laid. However, in Council's discretion, any curbs, gutters
or drains may be installed by the Borough of State College, and the
cost thereof assessed to the abutting property owners in the manner
set forth in § 16-201 et. seq., of this chapter.
Upon approval of the Borough Engineer, a property owner may
construct, on private property, all or a portion of sidewalk required
by this chapter. Such sidewalk shall be subject to all other provisions
of this chapter in the same manner as sidewalk constructed in the
dedicated right-of-way. The property owner may also be required to
grant an easement to the Borough for such sidewalk.
b.
When
Building. When any new building is to be constructed within the Municipality,
the owner of the premises shall be, and hereby is, required to construct
sidewalks on all portions of the premises abutting a public street
if the same have not already been constructed.
c.
On
A Vacant Lot.
(1)
When 40% or more of the lots abutting a street block have been built
upon, the owner of any vacant lot abutting the block shall be, and
is hereby, required to construct sidewalks on all portions of the
premises abutting a public street.
(2)
The owner of any vacant lot abutting a street which connects areas
having sidewalks shall be required to construct sidewalks on all portions
of the premises abutting a public street.
d.
Exceptions.
Under the following circumstances, the Municipal Engineer may recommend
the sidewalk requirement be waived:
(1)
On a corner lot where one of the streets is not constructed, nor
contemplated to be constructed within the near future, on the sides
of the lot adjoining such unbuilt street.
(2)
Adjoining an open, but non-paved, dirt street, which is not scheduled
for construction in the near future.
(3)
Where physical constraints make the construction of sidewalk impractical.
If the Municipal Engineer so recommends, such recommendation shall
be considered by Borough Council, which may either affirm or reject
such recommendation. If rejected, such sidewalk shall be constructed
by the owner, as set forth above. If affirmed, such sidewalk need
not be constructed at such time; however, any change in the circumstances
surrounding the exception at any later time will initiate reconsideration
of sidewalk installation and the Engineer shall have the right to
make a new recommendation and Council shall have the right to affirm
or reject such recommendation.
Appeals of the Municipal Engineer's decision shall be made directly
to Borough Council.
e.
Certain
Sidewalks Exempted. Due to previous Council policy, sidewalks were
not required in certain culs-de-sac. In recognition of this long-time
policy, the following exemptions are made:
(1)
Exemptions from the Provisions of § 16-702a, b and c of
this Ordinance: Edgewood Circle, in its entirety; Greenfield Circle,
in its entirety; Homan Avenue, South Garner Street east to its end;
Jackson Circle, East Mitchell Avenue north to its end; and, Marylyn
Avenue, Allen Street east to Tusseyview Park.
(2)
Exemptions from the Provisions of § 16-702c of this Ordinance:
Inverary Place, in its entirety.
[Ord. 163, 8/10/1936; amended by Ord. 600, 9/13/1961; Ord.
716, 9/26/1967; Ord. 895, 8/16/1976; Ord. 1158, 12/16/1986, Section
2; Ord. 1451, 10/9/1994, Section 3; Ord. 1605, 10/22/1999, Sections
2 and 3]
Sidewalks, curbs, gutters or drains shall be constructed, repaired
or replaced according to the following specifications and using the
following materials only:
a.
Concrete
Walks. All sidewalks shall be of one-course, Class A, 3300 PSI concrete
construction and shall be built as a series of independent sections,
not more than six feet in length, except that sidewalks may also be
constructed as set forth in § 16-703c hereunder. All sidewalks
and curbs shall be constructed, repaired or replaced in accordance
with the grade and lines established by the Municipal Council. The
following shall be the specification for the construction, repair
or replacement of all sidewalks, curbs, gutters and drains, except
as necessarily altered by the provision of § 16-703b hereunder:
(1)
Portland Cement. The requirements of the latest standard specifications
of the American Society for Testing Materials.
(2)
Fine Aggregate. Natural sand or screenings from hard, tough, crushed
rock. Must be clean and well graded. All fine aggregate shall pass
a one-fourth-inch screen, and 95% shall be retained on a one-hundred-mesh
screen. Not more than 3% by weight shall be removed by decantation,
and mortar briquets shall develop a strength at least equal to that
of Ottawa sand of the same proportions.
(3)
Coarse Aggregate. May be pebbles, broken stone or blast furnace slag.
Must be clean, hard, durable and uncoated. All coarse aggregate shall
pass a one-inch screen and 95% shall be retained on a one-fourth-inch
screen.
(4)
Water. Water shall be clean enough to drink.
(5)
Mixing. Mixed until each particle of fine aggregate is coated with
cement and each particle of coarse aggregate is coated with mortar
and not less than 1 1/2 after all materials have been placed
in the mixer.
(6)
Joint Filler. Shall be premolded strips of bituminous filled fibre
or mineral aggregate, 1/2 inch thick, as wide as the thickness of
the sidewalk and at least two feet long.
(7)
Forms. Shall be of two inches thick or of steel of equal strength.
Flexible strips may be used on curves. They shall be rigidly held
to any grade by stakes or braces.
(8)
Division Plates. Shall be of 1/8 inch steel as wide as the depth
of the slab and as long as the width of the walk.
(9)
Subgrade. Shall be well drained and compacted to a firm surface with
a uniform bearing strength.
(10)
Drains. When necessary, four-inch concrete or terra cotta drains
shall be laid to protect the walk from damage by frost action.
(11)
Subbase. On poorly drained soil, where drains are impractical, a
five-inch subbase of cinders, gravel or other porous material shall
be constructed. It shall be thoroughly tamped and drained into a street
gutter.
(12)
Thickness and Proportions. The walk shall never be less than four
inches thick in a residential section and five inches thick in a business
section and never less than six inches thick where a driveway crosses
the walk. Concrete shall be mixed in the approximate proportion of
one part cement, two parts fine aggregate and three parts of coarse
aggregate with a maximum of six gallons of water per sack of cement,
including the moisture in the aggregate. The concrete shall not have
a slump of less than two inches nor more than six inches.
(13)
Placing and Finishing. Concrete shall be placed immediately after
mixing. It shall be tamped and struck off with a template and shall
be floated with a wood float until the surface has a true contour.
Care shall be taken to not bring to the surface an excess of water
and fine sand by overfinishing. A slip-resistant texture shall be
achieved by coarse-brooming the finished surface in a transverse direction.
(14)
Jointing. The walk shall be cut into separate rectangular slabs not
greater than five feet wide nor six feet long. The surface edges of
each slab shall be rounded to a one-fourth-inch radius. Markings shall
be exactly at cuts between slabs.
(15)
Curing and Sealing. All concrete shall be cured by applying a white
pigmented liquid membrane-forming curing compound or another method
with authorization of the Municipal Engineer.
All new concrete shall be sprayed with an anti-spalling compound
(boiled linseed oil) mixture at a rate of 0.02 gallon per square yard
or at the rate specified by the manufacturer, applied approximately
45 to 60 days following placement. Application shall be by pressure
spray equipment, portable hand spray equipment, brushing or a combination
of these methods to insure complete coverage of treated concrete surfaces.
A second application will be made a minimum of 24 hours after the
initial application.
(16)
Expansion Joints. Shall extend from the surface to the subgrade and
shall be at right angles to the sidewalk surface and completely filled
with compressible material. A one-half-inch expansion joint shall
be made across the walk at approximately fifty-foot intervals. At
all places where the walk intersects a curbline or another walk, expansion
joints shall be made.
(17)
Curbing. Finished concrete shall be kept wet for seven days.
(18)
Width of Pavement. The standard width for all sidewalk pavement shall
be five feet, except that in the areas of the Municipality designated
as "commercial" on the Municipal Zoning Map, the Council of the Municipality
may require, on notice to the owner or owners, an additional width
so that the sidewalk pavement extends from the curbline to the property
line. Widths less than five feet may be permitted, upon approval of
the Municipal Engineer, to accommodate areas around shade trees or
other similar specific obstacles. In these cases, the sidewalk may
be reduced to a minimum of four feet in width.
b.
Paver
Blocks. Sidewalks may also be constructed with concrete four inches
in thickness and an additional two inches in thickness on top compound
of (1) said and mortar grout or (2) an acceptable substitute as approved
by the Municipal Engineer, with paving blocks set firmly in said grout.
Such paver blocks must be kiln-fired paving brick of durable and substantial
nature. No such paver block sidewalks shall be installed without first
receiving written permission from the Engineer of the Municipality.
If any single paving block or more is broken, the same shall be promptly
replaced by the owner of the premises.
c.
Other
Materials. Sidewalks may also be constructed from other materials
such as wood, steel or some other material, if unusual topography,
trees or other similar conditions make it impractical to construct
sidewalks from the materials set forth herein. Such other materials
may be used only when such unusual circumstances exist and after specific
approval by the Municipal Engineer on written application of the property
owners.
d.
Repair
Standards.
(1)
Horizontal Alignment. A sidewalk shall be repaired when a crack within
a square or a joint between two adjacent squares has separated to
a distance of one inch or greater or when the edges of a crack are
chipped or broken to create surface openings of one inch or more.
Where expansion or contraction joints have widened to one inch or
greater, repairs shall be made in such a way to allow for expansion
to occur later. If vertical movement occurs around a crack which,
in the opinion of the Municipal Engineer, creates a tripping hazard,
the square should be removed and replaced. Cracks shall be chipped
out in a V-shape to sound concrete and thoroughly cleaned before repair.
(2)
Vertical Alignment. Repairs shall be made when a sidewalk square
has risen or sunk one inch or more in relation to the remainder of
the square or to an adjacent square. If a portion of the block has
risen or sunk more than one inch, measured 15 inches from the edge
of the block, repairs shall be made. The square can be physically
raised or lowered to be realigned with the adjacent squares. If an
entire square has sunk, it may be patched with concrete bonded overlay
of the entire square. The minimum thickness of this patch cannot be
less than one inch. Placing a wedge of patch material over a portion
of the square is not acceptable.
(3)
Surface Deterioration. A sidewalk square must be repaired when 25%
or more of the exposed horizontal surface has chipped or crumbled,
exposing aggregate and creating peaks and valleys, to a depth at any
point of 1/2 inch or more below the original surface. A square must
also be repaired in an area of 16 square inches or more has deteriorated
or has developed a hole at least one inch deep in the surface. Deteriorated
material must be removed down to sound concrete and the area thoroughly
cleaned before repair.
(4)
Materials. When sidewalks are reconstructed, they shall conform with
§ 16-703a of this chapter. Repairs shall be made by first
applying bonding agent and next placing patch material composed of
half-and-half mixture of Portland cement and sand, or with a commercial
epoxy-type concrete patch material. Other commercial material such
as vinyl modified may be approved by the Engineer.
(5)
The Municipal Engineer shall complete an inspection of all sidewalks
in the Borough once every two years in the area zoned "General Commercial"
and all other areas once every four years.
e.
Accessibility
Standards. Sidewalks, including those adjacent to driveways, shall
meet accessibility requirements of prevailing federal, state and/or
local laws, when reconstructed.
[Ord. 163, 8/10/1936, Section 2, reenacted by Ord. 600, 9/13/1961]
No projection of any doorway, cellar way, piazza, coal hole
or other obstruction shall be permitted to extend beyond the building
line, whether the same results from a new building being constructed
or from alterations or additions to existing building. All constructions
or materials and all porches, steps and other projections hereinbefore
enumerated, now or hereafter built, placed or maintained contrary
to this ordinance, are hereby declared unlawful and to be nuisances
and to be abatable as such.
[Ord. 163, 8/10/1936, Section 3; reenacted by Ord. 600, 9/13/1961;
amended by Ord. 1525, 3/13/1997, Section 5; Ord. No. 2125, 1/14/2019]
Trees, shrubbery, bushes, poles, pipes, etc., now or hereafter
placed or maintained on the sidewalk limitations, or which overhang
the sidewalk pavements as are herein provided, shall be so placed
or maintained as to prevent injury to person or property and shall
be removed, changed or trimmed upon 30 days' notice whenever, in the
discretion of the Municipal Engineer, it is necessary for safety,
convenience and best interest of the municipality or of the inhabitants
of the particular section thereof. Tree limbs, brush or other obstructions
which overhang the public sidewalk or rights-of-way shall be trimmed
to a minimum height of seven feet. In the case of shrubbery, brush,
bushes, or other ground vegetation, property owners shall immediately
eliminate any obstruction which encroaches into or on a public sidewalk
or rights-of-way. Notice shall be served as otherwise provided in
this Part, and failure of the owner or owners to comply with the said
notice shall subject them to the fine as provided for in § 16-710
hereof.
[Ord. 163, 8/10/1936, Section 6; reenacted by Ord. 600, 9/13/1961]
Where driveways exist or are hereafter constructed between the
sidewalk and curbline, or over the sidewalk from the street to the
abutting property, they must be so constructed that the material used
will not work loose or scatter from the driveway.
[Ord. 163, 8/10/1936, Section 5; amended by Ord. 447, 6/7/1954,
Section 1; Ord. 600, 9/13/1961; Ord. 1085, 6/6/1984; Ord. 1451, 10/9/1994,
Section 4]
The owner or owners of abutting properties shall make emergency
repairs to the sidewalks upon 48 hours' notice where the Municipal
Engineer deems it necessary and where the expense thereof will not
exceed the sum of $300. The notice shall be given to the Borough Secretary
at the direction of the Municipal Engineer. Failure of the owner or
owners to make said emergency repairs within the time specified shall
subject them to the fine, as provided in § 16-710 hereof.
[Ord. 163, 8/10/1936, Section 9]
Pavements, foot walks, curbs, gutters and drains not laid in
conformity with the provisions of this ordinance and the establishment
grade of the street on which they are constructed are hereby declared
to be nuisances and must be taken up and relaid according to the provisions
of this ordinance within 30 days after notice to the owner or owners
so to do. The notice shall be sent by the Municipal Secretary at the
direction of the Municipal Engineer, who is hereby vested with authority
to determine whether or not said pavements, foot walks, curbs, gutters
and drains conform with the provisions of this ordinance. Failure
of the owner or owners to comply with the provisions of this section
shall subject them to the fine, as provided for in § 16-710
hereof.
[Ord. 163, 8/10/1936, Section 10, reenacted by Ord. 600,
9/13/1961; amended by Ord. No. 2125, 1/14/2019]
Whenever, in this Part, the owner or owners shall refuse or
neglect to construct or repair any sidewalk, curb, gutter or drain
when so ordered, the said municipality may cause said sidewalk, curb,
gutter or drain to be constructed or repaired in the manner herein
and hereby required, and the said municipality shall collect the costs
thereof, together with all charges, penalties and expenses, from the
owner or owners of the lot or lots as now allowed by law.
The election of the municipality to so construct or repair any
sidewalk, curb, gutter or drain shall not relieve the owner or owners
of abutting properties from the penalty, as provided for in § 16-710
hereof, except that new violations shall cease to occur upon the day
the Council so authorizes the construction or repairing to be done.
Whenever, in this Part, the owner or owners of any property
shall refuse or neglect to eliminate such obstruction, as provided
in § 16-705 hereof, the Manager may clear or cause the same
to be cleared, and the cost of clearing the obstruction, plus 10%
additional, shall be collected by the municipality from the said owner
of the property. Such amount may be charged in addition to any fine
or penalty imposed under § 16-710 hereof.
[Ord. 163, 8/10/1936, Section 11; reenacted by Ord. 600,
9/13/1961;{60} amended by Ord. 1451, 10/9/1994, Section 5; Ord. 1525,
3/13/1997, Section 6; Ord. 1889, 12/17/2007, Section 5]
In the event of a violation of the provisions of this Ordinance
after notice has been given, any person violating such provisions
shall, upon conviction of such default, neglect or refusal, pay a
fine of not less than $100 and not more than $600, to be collected
as now provided by law. Each day that an owner shall neglect or refuse
to correct the overhang problem, as provided in this ordinance, shall
be a separate offense.
[Ord. 1525, 3/13/1997, Section 7; amended by Ord. 1889, 12/17/2007,
Section 5]
Upon the discovery of any violation under the terms of this
ordinance, the Municipality shall, through its authorized agents,
give notice to the owner of a violation hereunder, either by personal
delivery to such owner, by United States mail directed to the last
known address of such person or persons, as shown on the real estate
registry records of the Municipality, or by leaving the same on the
premises where such violation occurs.
If such person shall, within seven days after the delivery,
mailing or leaving of such notice, pay to the Treasurer of the Municipality
the sum of $50 for the violation, the same will constitute full satisfaction
of for the violation noted in said notice. The failure of such person
to make payment, as aforesaid, within seven days, shall render such
owner subject to the penalties as provided hereinabove.
Nothing contained in this section shall affect, in any way,
the provisions of this ordinance regarding separate offenses for every
day any violation occurs.
