[Ord. 2172, 1/8/2018[1]]
It shall be the duty of the owner of any lot or real estate
on which a right-of-way is situated or which abuts a right-of-way
in which any street or alley is laid out, opened, and dedicated to
the public use, or in which hereafter shall be laid out, opened, and
dedicated to the public use, upon written notice from the Borough's
Department of Licensing and Inspections, or other designee, to construct
at their own expense convenient sidewalks and curbing on each side
of such street, land or alley, for the safety and convenience of the
public, in accordance with the specifications provided for herein,
within 30 days of receipt of said notice.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 2, Sidewalks, adopted by Ords. 4/4/1923, 12/9/1927,
and 9/10/1937, as amended.
[Ord. 2172, 1/8/2018]
All sidewalks and curbing constructed or substantially improved
hereafter shall be in strict conformance with the specifications provided
in Appendix A, as amended from time to time by resolution of Borough
Council, and which is incorporated in its entirety herein by reference.[1]
[1]
Editor’s Note: Appendix A is included as an attachment to this chapter.
[Ord. 2172, 1/8/2018]
Construction of any sidewalk and/or curbing shall be subject
to the following regulations:
1.
Sidewalk Cross-Slope. Sidewalk cross-slopes shall be set at 1/4":12"
(2%) and pitched towards the roadway. The low point of the sidewalk
cross-slope shall be set flush with the top elevation of the curb,
or if no curb, as set by the Borough.
2.
Accessibility. All sidewalks shall be constructed in accordance with
the Americans With Disabilities Act (ADA) and notes and details from
PennDOT RC-67M, as amended, with respect to longitudinal slope, cross-slope,
slip-resistance and transition to existing sidewalks.
3.
Curb Ramps. Curb ramp installation shall be required at sidewalk
locations adjacent to intersections in accordance with PennDOT RC-67M,
as amended.
4.
Forms. Form shall be of metal or wood, straight, and of sufficient
strength to resist springing from bituminous concrete compaction.
All forms shall be equal to the sidewalk depth and securely staked
and held firmly to the required line and grade.
5.
Obstructions. A minimum width of thirty-six-inch-wide sidewalk shall
be provided for pedestrian access between any obstructions.
6.
Rain Conductors. Where necessary, rain conductors shall be installed
under the sidewalk. The conductor shall be either a pipe located a
minimum of 2 1/2 inches under the paved surface or a channel
with a cover intended for exterior pedestrian use.
7.
Utilities. Any utility covers must be raised or lowered to meet new
grade for access and to prevent trip hazards. Gas and water providers
must be contacted to adjust the covers. Sanitary sewer trap vents
and cleanouts are the property owner's responsibility to properly
adjust.
8.
Realignment. The property owner shall grant the Borough additional
property prior to commencing any work necessary to realign sidewalk
located outside the right-of-way.
9.
Pervious Paving. Pervious paving for sidewalks within the public
right-of-way is permitted in all areas except within four feet of
buildings.
10.
Blocks and Pavers. Bricks, Belgian blocks, unit pavers and similar
material shall be prohibited in sidewalks with the exception of areas
subject to an official streetscape plan adopted by Borough Council,
or for repairs to preexisting sidewalks constructed with these materials.
11.
Structural Soil. Structural soil may be substituted in place of existing
subbase, provided it is separated from the base course with a continuous
layer of geotextile fabric.
12.
Contractor Requirements. Contractors installing any sidewalk in the
Borough shall have a minimum of three years' experience working with
like-kind products, materials and construction methods to those being
installed, or an appropriate certification from the manufacturer(s).
[Ord. 2172, 1/8/2018]
1.
Materials and Size Specifications. Curbing subject to this Part shall
consist of granite or concrete curbing of not less than six inches
in width, and 18 inches in depth, unless otherwise approved in writing
by the Borough's Department of Public Works, or other designee, upon
submission of plans and specifications by the property owner.
2.
Faced and Joined; Fill Material. Curbing subject to this Part shall
be properly faced and joined and set in a bed of suitable fill material
as determined by the Borough.
[Ord. 2172, 1/8/2018]
1.
Curb Lining. Construction of the curbing shall comply with the curb
lining provided by the Borough Engineer, which shall be provided to
the constructor at no cost.
2.
Radius. The radius of the curb shall not be less than the distance
between the curb and the building line of the intersecting narrower
roadway; a radius of three feet shall be used at alley intersections;
a greater radius may be used upon application of the property owner
to the Borough Engineer and with his/her consent. The Borough Engineer,
where appropriate, may use a smaller radius than the one herein established
for certain stated roadway intersections unsuitable to the use of
the herein-prescribed radius.
3.
Obstructions to Construction. All obstructions to the construction
of curbs at roadway intersections, in accordance with the above-specified
regulations, shall be removed by the owner of said obstruction at
the owner's expense. The Borough Engineer, through the Chief of Police,
shall give the owner of said obstruction a five-day notice for the
removal. Noncompliance with said notice shall subject the offender
to a fine of $50 per day for each day the obstruction remains over
the five days.
[Ord. 2172, 1/8/2018]
1.
Enlargement. Street tree wells shall be enlarged when roots cause
uneven grades or prevent sidewalk access. Provided the minimum sidewalk
width can be maintained, tree wells may be enlarged up to a seven-foot
radius from the tree trunk's center. Tree well enlargement shall not
require a permit, provided requirements herein are met by the property
owner.
2.
Surface Treatments. Tree wells and planting strips shall be comprised
of mulch, grass, vegetation or pervious paving in accordance with
this Part.
3.
Root Barrier. Root barriers may be installed at the tree well edges.
4.
Tree Guards. Tree protection may be provided in the form of tree
guards placed along the perimeter of three sides of the tree wells
with an opening on the side facing the street. Tree guards shall be
18 inches in height, set back 12 inches from the curb, and located
a minimum 18 inches from the center of the tree trunk. Tree guard
posts shall consist of solid steel or reinforced aluminum stakes driven
two feet into the ground of the tree well. Mounting tree well posts
or fence panels to adjacent pavement surfaces is prohibited. Tree
well fence panels shall be transparent and comprised of wrought iron,
cast iron, anodized or powder-coated aluminum or steel with a matte
black finish in a style closely matching those found in Appendix B,
incorporated herein in its entirety by reference.[1] Tree guards that are not maintained in a safe condition
are subject to removal by the Borough of Pottstown. Installation of
tree guards requires a sidewalk permit, available from the Licensing
and Inspections Department.
[1]
Editor’s Note: Appendix B is included as an attachment to this chapter.
5.
Prohibited Items. Solid tree well walls, tree grates and soil fill
above the finished grade of adjacent sidewalk are prohibited.
[Ord. 2172, 1/8/2018]
A permit shall be obtained from the Borough prior to the commencement
of any demolition (except tree well enlargement) or paving of sidewalk
or curbing areas, or as otherwise provided in this Part. The permit
application shall be signed by the property owner; identify the type
of paving material to be utilized; and be subject to review for purposes
of confirming utilization of the proper grade and compliance with
all applicable laws, regulations, and ordinances. No permit shall
be issued until the applicant pays to the Borough the permit fee as
established from time to time by fee resolution of the Borough Council.
Any person, firm, corporation or association who shall violate any
provisions of this section shall, upon conviction, be sentenced to
pay a fine of not less than $25, nor more than $300, plus costs of
prosecution for each and every offense.
[Ord. 2172, 1/8/2018]
1.
It shall be the duty of any owner of any lot or real estate on which
a right-of-way is situated or which abuts a right-of-way in which
any street or alley is laid out, opened, and dedicated to the public
use, or in which hereafter shall be laid out, opened, and dedicated
to the public use, to repair any sidewalk or curb now in existence
or constructed hereafter upon written notice from the Borough's Department
of Licensing and Inspection, or other designee, within 30 days of
receipt of said notice. No such repair shall be ordered, however,
until a representative of the Borough's Department of Licensing and
Inspection, or other designee, views and inspects said sidewalk or
curb and passes final judgment thereupon.
[Ord. 2172, 1/8/2018; as amended by Ord. No. 2184, 4/8/2019]
With the exception of outdoor dining areas, as defined within Chapter 27, Zoning, § 1400, Definitions, no portion of a building or structure, or any open areaways, railings, or steps, shall project beyond the building line; provided, however, that this requirement shall not apply to reconstruction of steps of buildings already erected which it would be impossible to reconstruct in accordance with above-specified regulations, and in such case they may be reconstructed to extend over the pavement or sidewalk not more than 1/3 of the width of said pavement or sidewalk, but in no case cover a width greater than five feet. No steps of any building shall project more than 18 inches on either side of any door jamb. Areaways or openings covered with iron doors not more than three feet in width with rough surface, set flush with pavement, may project over not more than 1/4 of the pavement width but in no case more than three feet measuring from the inside face of the areaway to the building line.
[Ord. 2172, 1/8/2018]
Whenever a property owner fails to perform as required in this
Part, the Borough, at its discretion, is hereby authorized to perform
the work required herein, and the cost of the work, with an additional
penalty of 10% plus the cost of any attorneys' fees related to any
collection efforts, shall be collected from the defaulting owner.
[Ord. 2172, 1/8/2018]
Whenever a nuisance results from the condition of a sidewalk
and safety of pedestrians is imminently jeopardized, the Borough may,
with or without notice to the property owner, abate the nuisance,
and the cost of the remedying the nuisance, with an additional penalty
of 10% plus the cost of any attorneys' fees related to any collection
efforts, shall be collected from the defaulting owner. If the Borough
provides notice of the nuisance and the nuisance is not remedied in
the time period specified therein, the property owner, upon conviction,
shall be fined not less than $5 nor more than $600, and it is hereby
declared that each refusal or neglect to comply with said notice shall
be considered a separate violation, said fine to be recovered as other
fines are by law recoverable.
