It shall be the duty of all owners of property abutting on any
street or state highway within the Borough to grade, construct, drain,
pave, repave, repair and keep and maintain in a safe and usable condition,
free of obstructions to pedestrians and in good order, condition and
repair sidewalks, curbs and gutters or any of them at their expense
on their properties along such street or state highway. The word "sidewalk,"
as used in this article, shall mean and include the portion of a street
located outside the cartway and may include a paved footway, unpaved
grass plot, curb and gutter.
Whenever a curb is to be set at a corner of a street, a curved
curb shall be placed, cut to such a radius as may be determined by
the Borough Engineer. Existing curbs at street corners shall be replaced
with curved curbs whenever the public convenience requires it, but
where the curb is changed, not because of its repair but to increase
public convenience, then the cost of the change shall be borne by
the Borough.
No covered gutters shall hereafter be constructed without written
permission of the Borough Engineer, Borough Manager or Building Code
Official.
The Jenkintown Borough Council may require a property owner of Jenkintown Borough to install or repair sidewalks and curbing on their respective property at the sole expense of the property owner after receiving written notice from Jenkintown Borough Manager to install sidewalks and curbs. The construction of any new sidewalks or curbs and the repairing of any existing sidewalks or curbs in the Borough of Jenkintown, Montgomery County, Pennsylvania, shall be done in conformance with the specifications, regulations and/or provisions of the Jenkintown Borough Code Chapter 156, Article II, §§ 156-11 through 156-26.
The grade to which every curb, gutter or sidewalk shall be hereafter
laid, constructed or repaired, other than that established in an approved
subdivision plan, shall be that fixed and designated by the Borough
Engineer representing the Borough Council of the Borough of Jenkintown,
Montgomery County, Pennsylvania.
The space between the street side of the curb and the street
side of the paved edge of the sidewalk shall be three feet six inches,
and the sidewalk paved width shall be four feet zero inches in all
new developments or street construction. In existing developed sections
of the Borough and where sidewalks have been constructed prior to
the date of this article, existing conditions shall be taken into
consideration by the Borough of Jenkintown in applying the width and
location regulations.
Finished sidewalks and curbs shall have a grade from the inner
edge of the sidewalk to the outer edge of the curb of 1/4 of an inch
to the foot on new sidewalks. Replacement of existing sidewalks to
match existing grades.
All work done hereunder shall be inspected by the Borough Engineer
or authorized representative representing the Borough Council of the
Borough of Jenkintown, Montgomery County, Pennsylvania.
It shall be the duty of the owners of the land abutting upon
any curbs and/or sidewalks to keep them in such repair and condition
that they may not be or become dangerous to the welfare and safety
of the traveling public. The Borough Council of the Borough of Jenkintown,
Montgomery County, Pennsylvania, is hereby empowered to notify property
owners when sidewalks and curbs are in need of repair or renewal,
and the repair or renewal thereof shall be made by the property owners
within 30 days after said written notice is given to said property
owners. Nothing herein contained shall be construed to place the responsibility
of determining when sidewalks may become dangerous to the welfare
and safety of the traveling public upon the Borough. At all times,
such responsibility shall be solely upon the property owner whose
land abuts the curb or sidewalk.
It shall hereafter be unlawful to plant and maintain any trees between the curb and corresponding sidewalk. This shall not apply to any trees presently so growing. All new trees shall be planted on the residence side of the sidewalk at a distance which will not interfere with the sidewalk at any time in the future. Must be in compliance with Borough of Jenkintown Codes §§ 167-3 and 167-4.
No open gutters for conducting rainwater or drainage of any
kind will be permitted to run over the top of the sidewalk or curb.
All underground rain conductors shall be of pipe material, such as
cast iron, wrought iron, asbestos cement, clay or approved plastics,
constructed under the sidewalk and through the curb to the gutter.
A.
No person or persons, firm or corporation shall construct or repair
any sidewalk, curb or gutter without first applying for and obtaining
from the Code Enforcement Officer or the Borough Manager of the Borough
of Jenkintown, Montgomery County, Pennsylvania, a permit for the same.
The application for such permit shall set forth:
(1)
The full name and address of the owners of the land affected.
(2)
The name and address of the contractor or the person to perform the
work.
(3)
The precise location of the property upon which the work is to be
done.
(4)
The length of the proposed project.
(5)
Such other pertinent information as may be considered necessary.
B.
No permit will be required for new curbing, gutters or sidewalks
to be constructed in an approved subdivision which is to be installed
by the developer.
The cost of obtaining a permit to repair existing curbs, gutters
and sidewalks and the cost of obtaining a survey permit to stake out
the line and grade of new curbs, gutters and sidewalks, other than
that established in an approved subdivision plan required to be surveyed
by the developer, shall be as set by resolution of the Borough Council's
Fee Schedule.[1]
[1]
Editor's Note: The current approved Fee Schedule is on
file in the Borough offices.
A.
All curbs, gutters and sidewalks, as well as all driveways over sidewalks,
that shall be constructed of concrete, said concrete shall develop
a compressive strength of 3,500 pounds per square inch (psi) in 28
days. Certification of the concrete mix shall be furnished if required
by the Borough Engineer or Borough Manager.
B.
Curbs and gutters shall be made to the following specifications:
The curbs shall have a depth of not less than 18 inches and shall
be eight inches thick at the base and seven inches thick at the top.
Curbs shall be constructed with a six-inch reveal for new curb and
match existing for replacement curb, and shall rest on a bed of crushed
stone four inches in depth.
C.
Sidewalks shall not be less than four inches in thickness and shall
rest on a compact bed of crushed stone of a depth of four inches.
D.
Mortar shall be used only in case of patching honeycombed concrete
and then shall be one part cement and two parts of sand or its equal.
E.
Sidewalks shall have clean-cut joints every four linear feet and
curbs every 10 feet. One-half-inch pre-molded expansion joints shall
be placed every 30 linear feet or less on curbs and sidewalks.
F.
Driveways over sidewalks shall be at least six inches thick and shall
rest on four inches of stone with welded wire fabric and shall be
of such width as approved by the Borough Engineer representing the
Borough Council of Jenkintown, Montgomery County, Pennsylvania.
G.
A depressed curb for driveway entrance is permitted rather than a
horizontal radius. The curb shall be depressed by rounding the edge
from the top of the curb to the gutter line. The bottom line of the
curb shall be maintained. The sloped portion of the driveway on all
new construction shall terminate at the closest edge of the sidewalk
and at the gutter line, and a lip at the gutter line 1 1/2 inches
high shall be constructed.
If the Borough Manager shall determine that any property owner has failed or neglected to comply with the provisions of §§ 156-11 through 156-26, he shall cause notice of such failure or neglect to be served in the manner hereafter prescribed. Such notice shall specify the construction, grading, paving, repairing, curbing, guttering, draining, maintenance and repairs to be completed by such property owner, and such property owner shall comply with all requirements of the notice within 60 days after service thereof.
The notices mentioned in § 156-25 hereof:
A.
May be served personally upon the owner of the premises to which
the notice refers, if such owner is a resident of the Borough, by
leaving a copy of the same with such owner or any adult member of
their household or by United States Certified Mail, return receipt
requested.
B.
Shall be served upon the agent or tenant of the owner or upon the
occupant of such premises, if the owner thereof is not a resident
of the Borough.
C.
Shall be served by posting the notice upon a conspicuous portion
of the property, if the owner thereof is not a resident of the Borough
and the property is unoccupied.
Upon the failure or neglect of any property owner to comply within 60 days after service with the requirements of any notice given in accordance with § 156-26 above and with any of the foregoing provisions of this article, the Borough may either by its own employees or by an independent contractor do the work required and collect the costs thereof and 10% additional, together with all charges and expenses, from such owner in any manner prescribed by law.
Any person or persons, firm or corporation constructing or repairing
sidewalks, curbs or gutters or planting trees in violation of any
of the provisions of this article shall, upon conviction thereof before
a Magisterial District Judge, be subject to a penalty of not less
than $100 and no more than $600 for each and every offense and costs
of prosecution and, in default of payment of such fine and costs.[1]
[1]
Editor's Note: So in original.
