[Adopted 4-6-2009 by Ord.
No. 377]
This article shall be known and may be cited as the "Quarryville
Borough Sidewalk and Curb Ordinance."
In the interpretation of this article, the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
The following words and phrases shall have the meaning set forth:
The Borough of Quarryville, Lancaster County, Pennsylvania.
The person appointed by Council as the Manager of the Borough.
The governing body of the Borough or its designee.
Constructed concrete edging along the extent of the cartway.
The person appointed by Council to administer and enforce
this article.
The legal or equitable owner of land abutting a street.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
Any individual, association, partnership, limited liability
company, public or private corporation whether for profit or not-for-profit,
trust, estate, or other legally recognized entity. Whenever the term
"person" is used in connection with any clause providing for the imposition
of a fine or penalty or the ordering of the action to comply with
the terms of this article, the term "person" shall include the members
of an association, partnership, limited liability company or firm
and the officers of any public or private corporation, whether for
profit or not-for-profit.
A constructed concrete surface for the use of pedestrians
located outside the cartway.
Any public street, highway, lane or other right-of-way having
a minimum width of 33 feet.
The respective owners of all lands abutting any street within
the Borough shall construct sidewalks and/or curbs, as set forth in
the notice, along the entire frontage of their respective properties
within 120 days after the date of notice in writing from the Borough
Manager to install such sidewalks and/or curb. Borough Council may
in its discretion direct the Borough Manager to, in such written notice,
grant a longer period of time within which to install the sidewalk
and/or curb. All notices under this section shall be served in a manner
meeting the requirements of the Borough Code.
A.
A permit shall be obtained from the Enforcement Officer prior to
commencement of any construction, reconstruction, replacement, alteration,
or repair of any sidewalk and/or curb. The owner and the contractor
performing the work shall be jointly and severally responsible for
obtaining such permit. The applicant shall provide all information
requested by the Borough including, but not limited to, the name and
address of the owner, the name and address of the contractor, the
nature, dimensions, purpose and location of the work, and all other
pertinent information. The applicant shall provide such plans or specifications
as necessary for the Borough to determine the full extent of the work
proposed. On any application which proposes any alteration to the
access to the property including, but not limited to, any change in
an existing curb cut or driveway or access drive or the creation of
a new curb cut or driveway or access drive, the applicant shall specify
the existing use of the property and, if applicable, any proposed
future use of the property.
B.
The owner and the contractor shall construct, reconstruct, alter,
and repair all sidewalks and/or curbs in accordance with the specifications
and rules and regulations of the Borough as determined from time to
time and in strict compliance with the permit as issued by the Borough.
C.
When a property abuts a highway under the jurisdiction of PennDOT,
the owner and the contractor shall be jointly and severally responsible
for obtaining any necessary permits or approvals from PennDOT, including,
but not limited to, a highway occupancy permit. All work shall be
performed in accordance with the highway occupancy permit and any
conditions imposed upon the highway occupancy permit.
D.
The owner and the contractor shall construct, reconstruct, alter, and repair all sidewalks and/or curbs in accordance with all other applicable specifications, rules, laws, and regulations including, but not limited to, Chapter 355, Subdivision and Land Development, and any applicable provisions of Chapter 420, Zoning.
E.
The issuance of a permit under this article does not relieve the
applicant, owner or contractor from obtaining any other permits or
approvals required by any other law or regulation.
A.
Dimensions and base. Every sidewalk hereafter constructed shall be
of such width as Council shall determine, but in no case less than
five feet unless Council grants an exception for cause. All sidewalks
must be located against the back edge of the curb abutting the street
or must be separated from the curb by the placement of a grass strip,
not less than two feet in width or more than five feet in width, which
shall conform to the appropriate detail in Appendix B.[1] No grass strip shall be permitted unless all of the sidewalks
on the same side of the block have a grass strip, and the width of
the grass strip must be identical for the entire block. Replacement
of existing sidewalks shall be of a minimum width of five feet, unless
Council grants an exception. All sidewalks hereafter constructed or
reconstructed shall have a slope of 0.02 feet per foot upward from
the edge nearest the cartway. All sidewalks shall be a minimum of
four inches thick and shall be constructed or reconstructed upon a
firmly compacted base of AASHTO No. 57 aggregate, not less than four
inches in depth. The compacted stone base must be inspected and approved
by the Borough prior to the pouring of the concrete. All sidewalk
construction shall conform to the appropriate specifications and details
in Appendixes A and B, which are attached to and made a part of this
article.[2]
[Amended 3-5-2012 by Ord.
No. 395]
B.
Expansion and contraction joints. All sidewalks hereafter constructed
or reconstructed regardless of width, shall provide a contraction
joint which shall be scored 1/2 inch in width and depth across the
sidewalk every four feet. Expansion joints shall be provided at a
distance not to exceed 20 feet which shall be filled with material
suitable for that purpose. Wherever the sidewalk abuts curbing, driveway
or a permanent structure, a one-half-inch-wide expansion joint shall
be provided between the sidewalk and curbing/structure/driveway and
shall be filled with material suitable for that purpose. Acceptable
expansion material shall be one-half-inch bituminous impregnated premolded
style or equal as approved by the Borough.
C.
Driveways. All sidewalks hereafter constructed or reconstructed across
driveways shall be a minimum of six inches thick, reinforced with
six-inch-by-six-inch W1.4 x W1.4 wire mesh for residential driveways
and six-inch-by-six-inch W2.9 x W2.9 wire mesh for commercial and
industrial driveways. Reinforcement shall conform to Specification
Section 03200, which is attached to and made a part of this article
as Appendix A.[3]
[3]
Editor's Note: Appendix A is included as an attachment to
this chapter.
D.
Nonconforming sidewalks. All sidewalks hereafter constructed or reconstructed
shall be built with concrete in accordance with the Borough's standards
as contained herein unless Council grants exception after review by
the Borough Engineer. The owner of the land containing any such sidewalk
heretofore lawfully constructed of a material other than concrete
may repair the sidewalk with a matching material if, in the opinion
of the Borough Engineer, at least 2/3 of such sidewalk is in good
condition; otherwise, such sidewalks shall be entirely reconstructed
according to standards set forth in this article. If the curb is also
nonconforming, it shall also be entirely reconstructed at that time,
regardless of its condition, unless Council grants a delay upon request
by the owner.
F.
Downspout leaders. All downspout leaders shall conform to the appropriate
detail in Appendix B, which is attached to and made a part of this
article.
A.
Standard straight curb.
(1)
Dimensions. The depth of the curbing shall be a minimum of 18 inches;
the lower 10 inches shall be eight inches wide, and the remaining
eight inches at the top shall transition from a width of eight inches
to a width of seven inches at the top of the curb as shown on the
appropriate detail in Appendix B, which is attached to and made a
part of this article.[1]
[1]
Editor's Note: Appendix B is included as an attachment to
this chapter.
(2)
Base. All standard straight curbs shall be constructed on a firmly
compacted layer of AASHTO No. 57 aggregate at a minimum thickness
of four inches. The crushed stone base must be inspected and approved
by the Borough prior to the pouring of concrete.
(3)
Contraction and expansion joints. Contraction joints shall be constructed
in ten-foot sections, but no section shall be less than four feet
in length. The joint shall be scored to a depth of one inch. Premolded
expansion material having a minimum thickness of 1/4 inch shall be
placed at intervals of not more than 60 feet. When radius curb joins
with tangent curb, 1/4 inch premolded expansion material shall be
placed at each end of the radius curb.
(4)
Driveways. The standard straight curb at driveways shall be depressed
6 1/2 inches, which will provide a one-and-one-half-inch reveal.
All straight concrete curb depressions shall conform to the appropriate
detail in Appendix B, which is attached to and made a part of this
article.[2] Commercial and industrial driveways shall include three
#5 rebar throughout the entire length of the driveway area as shown
on the appropriate detail in Appendix B.
[2]
Editor's Note: Appendix B is included as an attachment to
this chapter.
B.
Standard rolled curb.
(1)
Where permitted. Standard rolled curb shall be permitted only by
permission of the Council in lieu of standard straight curb, and only
if rolled curb is being replaced.
(2)
The standard rolled curb shall be 24 inches wide at the base. The
face away from the cartway shall be vertical and extend upward to
a height of 12 inches, and the face adjacent to the cartway shall
be vertical and extend upward to a height of nine inches. The curbline
shall be seven inches from the vertical back face of the curb and
the top of the seven inches shall be level for a distance of three
inches. There shall then be a sloping drop to a flow line four inches
below the highest portion of the curb, thereafter reversing again
curving upward to the leading edge to the height of nine inches, as
shown in the appropriate detail in Appendix B, which is attached hereto
and made a part of this article.[3] All rolled curb to straight curb transition shall conform
to the appropriate detail in Appendix B, which is attached to and
made a part of this article.
[3]
Editor's Note: Appendix B is included as an attachment to
this chapter.
(3)
Uniformity and base. The standard rolled curb section shall be constructed
in a manner to ensure uniformity and continuity of the inverted curb
flow line and shall be constructed on a compacted layer of AASHTO
No. 57 aggregate four inches in depth. The aggregate base must be
inspected and approved by the Borough prior to the pouring of concrete.
(4)
Contraction and expansion joints. All standard rolled curbs shall
be scored to a depth of at least one inch every 10 feet of length,
and one-quarter-inch expansion joint material shall be provided every
60 feet.
(5)
Driveways. The standard rolled curb shall continue unchanged across
the entrance to any driveway. Commercial and industrial driveways
shall include three #5 rebar throughout the entire length of the driveway
area as shown on the appropriate detail in Appendix B.
C.
Repair of nonconforming curbs. Curbs heretofore lawfully constructed
with materials or in dimensions differing from those set forth herein
may be repaired or reconstructed with matching materials or in matching
dimensions by the owner of such property if, in the opinion of the
Borough Manager, at least 2/3 of the curb is still in good condition.
Otherwise, such curbs shall be entirely reconstructed as required
above in accordance with the standards set forth in this article.
Concrete for the sidewalk and curb shall meet the requirements
for Class "AA" concrete. All materials shall have a minimum compressive
strength of 3,500 pounds per square inch after 28 days. The concrete
shall be free of all voids.
All concrete formwork, concrete reinforcement, and cast-in-place
concrete shall conform to Specification Sections 03100, 03200, and
03300, respectively, which are attached to and made a part of this
article as Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
All sidewalks and curbs shall conform to grades and lines provided
by the Borough where streets now exist except in cases where subdivision
or land development is proposed. The developer must assume the responsibility
of grades and lines, but is subject to Borough approval prior to subdivision
or land development approval.
The contractor, if any, and if not, the owner shall be responsible
to see that all excavations for sidewalks and curbs and all obstructions
placed on streets or sidewalks in connection with any construction,
reconstruction, or repair thereof shall be adequately guarded by day
and lighted at night to protect pedestrian and vehicular traffic.
Protection of excavations and material stockpiles shall comply with
all applicable PennDOT requirements.
If any curb or sidewalk fails to be kept in safe and usable
condition at such grades and under such regulations as hereby specified,
or if such curb or sidewalk shall be constructed, reconstructed, or
repaired without conforming to the requirements of this article or
of any other ordinance or law, the Borough Manager may require the
owner of the premises and other persons responsible for such construction
to remove the faulty curb or sidewalk and replace it with conforming
construction and, on failure of such person to do so within such time
as the Manager or Council shall fix, the Borough may proceed to do
so and collect the costs thereof and 10% additional together with
all charges and expenses from such owner and may file a municipal
claim therefore or collect the same by civil action.
A.
All individual home water and sanitary services shall be raised and/or
lowered to proper sidewalk and curb elevation. All such raising and/or
lowering of Borough water or sanitary sewer lines shall be inspected
and approved by the Borough at the owner's expense.
B.
Miscellaneous structures.
(1)
All traffic signals, sign posts, utility poles, fire hydrants, mailboxes,
and so on removed during installation, replacement, or repair of curb,
driveway, and/or sidewalk shall be replaced in the same location,
unless otherwise directed by the Borough and in a manner designated
by the Enforcement Officer, by the person, firm, or corporation performing
such installation, replacement, or repair; provided, however, that
the concrete around such structures shall have premolded expansion
joint filler one-quarter-inch thick in a block eight inches wider
than the structure at the sidewalk elevation.
(2)
Prior to placing concrete around such structures, premolded expansion
joint filler one-quarter-inch thick shall be placed around the structure
for the full depth of the concrete.
C.
The front of all mailboxes shall be located at the back face of the
curb, and the mailbox and all supports and appurtenances shall be
placed in accordance with all United States Postal Service regulations,
and shall be placed to provide a minimum sidewalk clearance of 36
inches. Utility poles shall also maintain a minimum sidewalk clearance
of 36 inches.
The owner of land abutting a public street which is improved
with sidewalk and/or curb shall be responsible for the proper maintenance
and repair of such sidewalk and/or curb in accordance with all specifications
of this article. Such maintenance shall include, but not be limited
to, the prevention of the obstruction of sidewalk with trees, shrubs,
lights or any other obstruction, except as may be otherwise permitted
in this article. All trees must be trimmed so that there will be an
unobstructed height of seven feet over the surface of the sidewalk.
A.
Upon the neglect of any owner to comply with any of the requirements
provided in this article or adopted pursuant hereto, the Borough may,
after notice, cause the grading, paving, repairing, sidewalk work,
curbing, and/or guttering to be done at the cost of such owner and
may collect the cost thereof and 10% additional, together with all
charges and expenses, from such owner, and may file a municipal claim
therefor and/or collect the same by a civil action. All such notices
shall be served upon the owner of the premises to which the notice
refers, if such owner is a resident of the Borough. If the owner is
not a resident of this Borough, then the notice may be served upon
the agent or tenant of the owner, or upon the occupant of such premises,
or if the owner has no agent or tenant or there is no occupier of
such premises, then service shall be by notice posted upon the premises.
B.
The Borough shall have power to make emergency repairs to any sidewalks
where, in the opinion of the Enforcement Officer, a dangerous condition
exists that can be repaired by an expenditure of not more than $500.
Before any such repairs are made, a notice to make repairs within
48 hours shall be served upon the owner of the said property. If the
owner cannot be served within the county, notice may be served upon
the agent of the owner or the party in possession, or if there is
no agent or party in possession, the notice may be served by posting
the same upon such premises. Upon the completion of the work, the
cost thereof shall be a charge against the owner of the property and
shall be a lien, until paid, upon the abutting property, provided
a claim is filed therefor in accordance with the law providing for
the filing and collection of municipal claims. Any such charge may
also be collected by a civil action.
No person shall cause any sidewalk to be temporarily obstructed
without fully complying with and consenting to the regulations set
forth below.
A.
The obstruction will not be hazardous to property or endanger any
person or persons.
B.
The person obstructing the sidewalk shall indemnify, defend and hold
harmless the Borough, its elected and appointed officials, officers,
employees and agents from and against any liability, damages or claims
which arise out of the sidewalk obstruction.
C.
The person obstructing the sidewalk shall maintain comprehensive
general liability insurance and provide to the Borough a certificate
of insurance designating the Borough and its officers, boards, commissions,
council, elected officials, agents and employees as additional insureds.
D.
The person obstructing the sidewalk shall restore the sidewalk to its previous condition and, in doing so, comply with all other applicable specifications, rules, laws and regulations governing sidewalks including, but not limited to, the Chapter 355, Subdivision and Land Development, and any applicable provision of Chapter 420, Zoning.
E.
The person obstructing the sidewalk shall maintain an area of free
passage for a minimum width to be determined by the Borough during
the sidewalk obstruction.
F.
The sidewalk obstruction shall be marked by flashing amber lights
and flags to warn pedestrians and others of the obstruction.
G.
Upon the failure to remove an obstruction after notice from the Borough, the Borough may remove the obstruction and charge the cost thereof to the owner of the affected property in accordance with § 350-42 of this article.
H.
The Borough reserves the right at any time, upon notice from and
without expense to the Borough, to make such changes in the location
of the obstruction as may be required by the Borough.
A.
It shall be a violation of this article to commit or to permit any
person to commit any of the following acts:
(2)
To construct, reconstruct, alter or repair any sidewalk without obtaining
a permit from the Borough.
(3)
To commence but fail to complete work authorized by any permit issued
under this article.
(4)
To perform any work in a manner which does not comply in all respects
with the specifications and rules and regulations adopted by Borough
Council.
(5)
To perform any work not expressly authorized by a permit or to perform
any work in an manner other than that authorized by a permit.
(6)
To fail to obtain all necessary permits and approvals from PennDOT
for work abutting a state highway.
(7)
To install any curb cuts, driveways or access drives prior to obtaining
all necessary Borough approvals and all necessary approvals from any
other governmental agency including, but not limited to, PennDOT.
(8)
To place false information on or omit relevant information from an
application for a permit.
(9)
To fail to comply with any provision of this article or any specifications,
rules, regulations, permit requirements and fee schedules adopted
pursuant hereto.
B.
Any person violating any provision of this article shall, upon conviction
thereof in a summary proceeding, be sentenced for each violation to
pay a fine of not less than $100 nor more than $1,000 and costs of
prosecution, including the Borough' s reasonable attorneys' fees,
which fines and penalties may be collected as provided by law. Each
day that a violation continues shall be separate offense, and each
section of this article which is violated shall be a separate offense.
[Amended 10-4-2021 by Ord. No. 445]
In case any improvement is constructed or any sidewalk, curb,
curb cut or driveway is installed, repaired, altered or modified prior
to obtaining a permit as required by this article, or in a manner
which does not comply with all requirements of such permit and this
article and the rules and regulations adopted pursuant to this article,
or prior to obtaining other necessary governmental approvals, or in
a manner which does not comply with any approvals issued by other
governmental agencies, then the Borough, in addition to all other
remedies provided by law, may commence any appropriate action or proceeding
in equity to prevent such unlawful construction or to remove such
unlawfully installed construction. The Borough may also consider such
unauthorized construction to be a defect in the existing sidewalk
and compel the owner to repair such defect by reconstructing the sidewalk
to the condition authorized by any permit or, if no permit has been
issued, the condition existing prior to the commencement of such unauthorized
construction.
Any person aggrieved by the actions of the Borough Manager,
Borough Engineer or Enforcement Officer in enforcing this article
or on account of hardship may appeal in writing to the Borough Council.
Such writing shall contain grievant's reasons why they are requesting
relief from the strict enforcement of this article.
In the event any provision, section, sentence, clause, or part
of this article shall be held to be invalid, illegal, or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality,
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses, or parts of this article, it being the
intent of Borough Council that the remainder of the article shall
be and shall remain in full force and effect.
