[Adopted 4-11-2013 by Ord. No. 712 (Ch. 21, Part 4, of the 1984 Code
of Ordinances); amended in its entirety 7-15-2021 by Ord. No. 766]
The construction, repair, replacement, or maintenance of any
new or existing curbs, curb ramps, or sidewalks in the Borough shall
be in conformance with the following specifications:
A.
The construction, repair, replacement, or maintenance of any new
or existing curbs, curb ramps, or sidewalks in the Borough shall be
the responsibility of the owner or owners of the lot or lots abutting
thereon.
B.
When required by the Borough, the property owner shall enter into
an agreement, in form and substance acceptable to the Borough, providing
for the maintenance of pedestrian facilities, including curbs, sidewalks
and curb ramps.
C.
The grade to which every curb, gutter, or sidewalk shall be hereafter
laid, constructed, or repaired, other than that established in an
approved subdivision and land development plan, shall be that fixed
and designated by the Borough. When required by the Borough, grade
cut sheets for the curb or sidewalk shall be provided for review prior
to the installation of the structure.
D.
No open gutters for conducting rainwater or drainage of any kind
will be permitted to run over the top of curbs or sidewalks. All underground
rain conductors shall be of pipe material, such as cast iron, wrought
iron, or approved plastics, and shall be connected directly to a storm
sewer pipe. When a storm sewer pipe is not available, the owner shall
consult with the Borough for an acceptable alternative.
E.
No persons or person, firm or corporation shall construct or repair
any curb, sidewalk, curb ramp or gutters within the public right-of-way
without first applying for and obtaining a permit for the same from
the Borough. No permit will be required for new curbing, gutters,
or sidewalk to be constructed in an approved subdivision and/or land
development which is to be installed by the property owner/developer.
A.
The standard construction and material specifications contained in this section shall supplement Article VII, Construction, Reconstruction and Repair of Sidewalks and Curbs, of this chapter, and all other ordinances and regulations of the Borough that pertain to the construction, reconstruction and repairing of curbing. Failure of existing sidewalks and curbs to meet these standard construction and material specifications contained in this section shall not, by themselves, provide sufficient justification for the issuance of a repair notice by the Borough.
B.
All curbs shall be constructed in accordance with PennDOT Publication
408 and PennDOT Publication 72M, as each may be amended from time
to time.
C.
In built-up areas, the proposed curb reveal shall match the reveal
of the existing adjacent curb if the adjacent curb is four inches
or more in height. If the existing curb has a reveal that is less
than four inches high, the replacement curb shall have the minimum
reveal of four inches. The required curb reveal will be determined
by the Borough Engineer at a site meeting with the contractor. The
contractor shall prepare for this meeting by surveying the 50 feet
of existing curbing immediately on each side of the proposed run of
curbing. The contractor shall prepare a scale drawing (scale: one
inch equals 25 feet horizontal; one inch equals five feet vertical)
showing the existing gutter line and top-of-curb profile on each side
of the proposed run of curbing. The Borough Engineer may require a
site meeting to review the proposed curb reveal.
D.
When a curved curb joins with a tangent curb, at curb returns, on
sharp curves, where a curb is jointed to an inlet, and elsewhere as
directed by the Borough, there shall be embedded in the concrete two
No. 4 reinforcing bars 24 inches long. These bars shall extend 12
inches into the curb on each side of the joint. The portion of the
bar extending into the tangent curb shall be rendered bondless by
a coating of approved material and enclosed in part in approved tubes
or caps which will provide a one-half-inch minimum positive clearance
pocket. The top surface of the curb shall be finished true to line
and grade in a smooth, neat, and even manner and the edge of the faces
and back shall be rounded to a radius of one inch.
E.
The depressed curb at driveways shall be no higher than 1 1/2
inches and no lower than 1/2 inch above the street surface. The length
of this depressed curb shall not exceed 35 feet without a safety island
that shall not be less than 15 feet in length. Pipes or grates or
other constructions shall not be placed in the gutter to form a driveway
ramp.
F.
Where it is necessary to replace existing vertical curbs with depressed
curbing, at least two ten-foot-long sections of existing curb shall
be removed down to the subgrade without disturbing the adjacent cartway
paving. Any portions of the cartway disturbed during curbing removal
or installation shall be repaired to new condition.
G.
Curb cut ramps shall be provided at all street intersections, as
directed by the Borough Engineer.
H.
All joints between curbs and bituminous pavement shall be sealed
with PG 64-22 conforming to PennDOT Bulletin 25 or approved equal.
A.
The standard construction and material specifications contained in this section shall supplement Article VII, Construction, Reconstruction and Repair of Sidewalks and Curbs, of this chapter, and all other ordinances and regulations of Lemoyne Borough that pertain to the construction, reconstruction and repairing of sidewalk. Failure of existing sidewalks to meet these standard construction and material specifications contained in this section shall not, by themselves, provide sufficient justification for the issuance of a repair notice by the Borough.
B.
The materials, location and construction of all proposed pathways
shall be approved by the Borough.
C.
Sidewalks shall be constructed in accordance with PennDOT Publication
408 and Publication 72M, as amended.
D.
The Borough may approve alternate construction methods and materials
(brick, concrete pavers, stone, etc.). Requests for alternate construction
methods and materials shall be made to the Borough as a part of the
permit process. Permit applications for alternate methods and materials
shall include, but not be limited to, justification for request, proposed
alternate methods and materials, construction standards and specifications
for alternate methods and materials.
E.
At driveway entrances, when there is curb, the apron between the
curb and sidewalk shall be concrete.
F.
All joints between sidewalks and bituminous pavement shall be sealed
with PG 64-22 or approved equal.
A.
Curb ramps shall be designed and constructed in accordance with the
latest PennDOT and ADA standards.
B.
The physical geometry of the ramps shall comply with PennDOT Publication
72M, latest revision.
C.
The design of the ramps shall further comply with the PennDOT Design
Manual Part 2, Highway Design Publication 13M, latest edition.
A.
The standard construction and material specifications contained in this section shall supplement Article VII, Construction, Reconstruction and Repair of Sidewalks and Curbs, of this chapter, and all other ordinances and regulations of the Borough that pertain to the construction of sidewalks and curbs.
B.
The Borough recognizes the necessity for repair, maintenance, and
upkeep of existing sidewalks in order to provide safe, unimpeded and
unobstructed pedestrian access within the municipality. The safe,
unimpeded, and unobstructed pedestrian access throughout the Borough
is necessary to preserve the health, safety and general welfare of
the citizens and businesses. The Borough further recognizes the need
to provide safe and unimpeded access throughout the business district
to maintain a viable environment community attractive to general public
use and pedestrian traffic.
C.
All existing sidewalks and curbs shall be repaired, replaced, or
maintained by the owner of real estate abutting such sidewalk and
curbs within the limits of the Borough.
D.
No owner of any real estate with existing sidewalks or curbs shall
remove such sidewalks or curbs, or cause or permit such existing sidewalks
or curbs to deteriorate or decay to a state which creates a dangerous
condition or prevents the safe and unimpeded passage of pedestrians.
A "dangerous condition" shall be defined as a reasonably foreseeable
condition which creates a risk of accident or injury through tripping,
falling, or slipping as a result of the condition or state of a sidewalk.
E.
Unless otherwise approved by the Borough, in writing, repairs to
sidewalks shall be made using similar building materials and methods
as present in the existing sidewalk (e.g., in the event the sidewalk
is constructed using brick pavers, the sidewalk shall be repaired
using brick pavers of similar size, shape, and color, and installed
in a manner matching the existing brick pattern).
F.
When an existing sidewalk is being repaired or replaced, the width
of the new sidewalk shall match the width of the existing sidewalk.
All repaired and replaced sidewalks shall be a minimum of four feet
wide, unless approved otherwise by the Borough.
G.
No fixed or permanent structure, including but not limited to porches,
steps, building entrances, bay or bowed windows, adjacent to a residential,
commercial, or industrial use shall extend over any sidewalk so as
to restrict the free and unimpeded movement of pedestrian traffic
or to create a dangerous condition.
H.
The Borough may require repair, replacement, or maintenance of existing
sidewalks as a result of any of the following conditions:
(1)
Vertical fault: vertical offsets in the sidewalk of one inch or greater
and when abutting a curb, with no grass planting strip between them,
two inches or greater.
(2)
Horizontal fault: horizontal gaps or openings in the sidewalk of
one inch or greater.
(3)
Structural failure: three or more cracks and/or single voids two
inches or greater in diameter in a single sidewalk panel or section.
(4)
Spalling: surface deterioration of 1/4 inch or greater on the sidewalk.
(5)
Obstructions: any obstruction that restricts the operating width
of the sidewalk to less than 36 inches.
(6)
Cross slope: cross slope of greater than 3/5 inch vertical per foot
horizontal.
(7)
Ponding: standing water or evidence of standing water on the sidewalk.
(8)
Cleanliness: excessive debris and/or poor cleanliness on the sidewalk.
(9)
Tree roots: root systems causing any of the conditions listed above.
Root systems shall be entirely removed prior to sidewalk repair or
replacement.
(10)
Any condition which may endanger the health, safety and general
welfare of the citizens and businesses within the Borough.
I.
The Borough may require repair, replacement or maintenance of existing
curbs, or section of a curb, as a result of any of the following conditions:
(1)
Less than four inches of exposed reveal or vertical facing on the
public street.
(2)
Exposed aggregate, spalling, and/or crumbling concrete for a length
of five linear feet or more.
(3)
Having material (asphalt, concrete, mortar, etc.) added to the gutter
so as to impede normal drainage flow.
(4)
A horizontal gap between individual curb sections of one inch or
more.
(5)
Adjoining sections of curb or portions thereof whose top surfaces
differ vertically by more than one inch.
(6)
Horizontal fault causing spalling or breaking away of the curb section
for a length of five linear feet or more.
(7)
Vertical face of curb that has an offset angle to the public street
of less than 80° or greater than 110°.
(8)
For vertical cracks that penetrate the entire width of the curb,
the following repair guidelines shall be followed:
(a)
If the vertical crack is in the center of a ten-foot section
of curb (plus or minus 1/2 inch), the crack shall be saw cut and grouted.
(9)
Tree roots. Root systems causing any of the conditions listed above.
Root systems shall be entirely removed prior to curb repair or replacement.
(10)
Any condition which may endanger the health, safety and general
welfare of the citizens and businesses within the Borough.
J.
Unacceptable curb repair/replacement practice.
(1)
Pinning and doweling. This practice involves avoiding removal of
an existing concrete curb by drilling holes into the existing curb
and inserting vertical dowels, pins, or bars for the purpose of attaching
a new, full reveal curb. This is an unacceptable method of constructing
a curb because it lacks the strength and durability of full depth
curb construction. The bond between the existing and new concrete
is easily broken, causing sections of the new curb to break off. As
indicated in PennDOT Publication 72M, RC 64M, proper curb construction/replacement
requires excavation for removal of the existing curb and monolithic
placement of concrete to the required depth for the new curb.
(2)
Surface repairs. Surface repairs, such as parging, are considered
an unacceptable method of curb repair. The bond between the existing
and new concrete is easily broken, causing sections of the repaired
curb to break off. As indicated in PennDOT Publication 72M, RC 64M,
proper curb construction/replacement requires excavation for removal
of the existing curb and monolithic placement of concrete to the required
depth for the new curb.
A.
Any property owner, upon their initiative, and without notice from
the Borough, may construct, reconstruct, or repair a sidewalk in front
of or abutting upon their property, providing that such property owner
shall first submit the required permit application to the Borough
containing all necessary information and specifications as to material,
width, location, grade, slope and thickness of such walk which shall
conform strictly to specifications and requirements contained herein,
provided where such request shall be for permission to construct a
new sidewalk along a block where no sidewalks have previously been
constructed, the Council may, at its discretion, deny authority to
the property owner to construct such sidewalk or may grant such authority
only on condition that if, at some future time, the Borough may direct
the construction of a sidewalk along the entire block, such property
owner shall make any such change necessary to conform to the requirements
adopted by the Council for such complete sidewalk along the entire
block.
B.
Any property owner, upon their initiative, and without notice from
the Borough, may construct, reconstruct, or repair a curb in front
of or abutting upon their property, providing that such property owner
shall first submit the required permit application to the Borough
containing all necessary information and specifications as to material
and construction standards which shall conform strictly to specifications
and requirements contained herein, provided where such request shall
be for permission to construct a new curb along a block where no curb
has previously been constructed, the Council may, at its discretion,
deny authority to the property owner to construct such curb or may
grant such authority only on condition that if, at some future time,
the Borough may direct the construction of a curb along the entire
block, such property owner shall make any such change necessary to
conform to the requirements adopted by the Council for such complete
curb along the entire block.
A.
It is the intent of the Borough, wherever possible, to work with
its residents to resolve issues associated with this article. To that
end, the Borough recognizes that there may be times when residents
may find it difficult to address concerns associated with compliance
with this article. Therefore, if any property owner is unable or shall
fail to complete the construction, reconstruction or repair of a sidewalk,
curb ramp, or curb within 90 days after notice from the Borough to
do so, the Borough may cause such work to be done, and the Borough
shall collect the cost of such work, plus an additional amount of
10%, from the property owner. In those cases where the Borough causes
the work to be done at Borough expense, the Borough:
B.
If, before commencing work, the Borough determines that a property
owner is actively engaged in attempting to comply with said Borough
repair notice, the Borough may, but shall not be required to, grant
the property owner an extension for compliance.
In case any sidewalk, curb ramp, or curb constructed, reconstructed
or repaired, as the case may be, shall not conform to all the applicable
specifications and requirements, the Borough may order the owner of
the abutting property to rectify all such errors and instances of
nonconformity, and if such work of rectification shall not have been
completed within the time limit set out in such notice, the Borough
may proceed to cause the same to be done and may collect the cost
thereof, with an additional amount of 10% from such property owner.
