Curbing uniform in appearance, with a smooth surface on the top and the side toward the cartway of the street, and meeting the other requirements herein provided shall be constructed or reconstructed and maintained along the curbline as from time to time shown or established in the ordinance accepting and adopting the street, the street plans of the Borough, a recorded subdivision plan, or other applicable ordinance of all streets and highways within the Borough which border on improved property. The owner of the improved property shall be responsible for constructing or reconstructing and maintaining such curbing in accordance with the provisions of this Part 1; except as otherwise provided in this Part 1.
A sidewalk meeting the requirements herein provided shall be constructed or reconstructed and maintained between the curbline and the building line as from time to time shown or established in the ordinance accepting and adopting the street, the street plans of the Borough, a recorded subdivision plan or other applicable ordinance along all streets and highways within the Borough which border on improved property. The owner of the improved property shall be responsible for construction or reconstruction and maintenance of such sidewalk in accordance with the provisions of this Part 1; except as otherwise provided in this Part 1.
Each person who is the owner of improved property bordering on any street within the Borough shall keep his sidewalks and curbing along that improved property in good order, repair and alignment according to the standards provided in this Part 1. This duty to maintain is in addition to the duty to construct and reconstruct as provided for in §§ 159-7 and 159-8 hereinabove.
In the event any concrete block in a concrete sidewalk requires the replacement of more than 25% of the total area, the said concrete block shall be replaced in its entirety.
Each owner of improved property bordering on any Borough street shall keep his sidewalks generally free of rocks, dirt, debris, bottles, cans, garbage, litter, and other matter. It shall be unlawful for an owner of improved property to allow his sidewalks to accumulate rocks, dirt, debris, bottles, cans, garbage, litter, and other matter over a period of time or for such to accumulate to the extent that it interferes with pedestrian traffic. Where more than 10% of the total area of a sidewalk is covered, the owner shall be presumed to be in violation of this subsection.
It is hereby declared unlawful for any person to grade any sidewalk area, construct, reconstruct, repair, or maintain any sidewalk, curb, gutter, driveway entrance, or front or rear retaining wall within the Borough, except in compliance with the provisions of this Part 1.
In the case of a corner lot, curbing and sidewalks shall be constructed along both the front of the lot and the side of the lot adjacent to the public street, road or highway.
The grading of sidewalk areas, the construction, reconstructing, maintaining, or repairing of sidewalks, curbing, and driveway entrances along the streets of the Borough shall be done by the owner of the improved property abutting thereon in accordance with the lines and grades established in the ordinance accepting and adopting the street, the street plans of the Borough, a recorded subdivision plan, or other applicable ordinance in accordance with details shown on a plan of curb and sidewalk details prepared by C.L. Frantz and Associates, Borough Engineer, being Plan No. 54-42-3-B-1, a copy of which plan is attached to this Part 1, marked Exhibit A, and made part hereof.
Editor's Note: Exhibit A is on file in the Borough offices.
All sidewalk areas shall be graded and all sidewalks, curbs, gutters, driveway entrances and front or rear retaining walls shall be constructed, reconstructed, maintained, or repaired only in accordance with the following provisions:
All sidewalk areas shall conform to curb grades except that the area shall have a one-fourth-inch ascending pitch per foot measured from the outside curbline to the building line of the respective lot or property.
All separate curbs shall be eight inches wide across the top, nine inches wide at gutter line, and shall extend for that width to a depth 24 inches from the top of the finished curb; provided, however, that wherever it is necessary to replace or repair existing curb which does not meet the requirements of this provision and the adjacent sidewalk shall not be in need of replacement and there is no grass plot area separating a curb from sidewalk, then in such instances the Borough Secretary is authorized to approve an application for a permit to replace the curb at its former width.
The outside edge of all sidewalks shall be set back two feet from the inside face of the curb, and a grass plot area shall separate curbing from the sidewalk; provided, however, that where the sidewalk area is less than eight feet in width, then the concrete portion of the sidewalk may be constructed next to the inside face of the curb or said grass plot area may be paved as an addition to the sidewalk if a permit application is approved for such. Also, where no grass plot presently exists and the existing sidewalk is to be reconstructed, replaced, or repaired, then the grass plot requirement may be waived and the width of the sidewalk area be reduced to such width as may be deemed necessary and appropriate under the particular circumstances if the Borough Engineer shall approve a permit application for such.
No surface gutters are permitted on newly constructed sidewalks. All drains shall be installed under sidewalk area and shall be constructed of three-inch cast iron pipe, or P.V.C. Schedule 40 plastic pipe. All sidewalks shall not be less than five inches in thickness and the surface shall have a one-quarter-inch pitch per lineal foot ascending from the outside face of the curb. Sidewalks shall be four feet on sidewalk areas less than eight feet in width and shall be five feet wide on sidewalk areas having a width of 10 feet or more. Notwithstanding anything to the contrary contained in this Part 1, all sidewalks, curbs and gutters shall conform as to size with the majority type of then existing sidewalks, curbs and gutters in the same block.
Except as hereinafter provided, all driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of four feet eight inches from the outside face of the curb, shall have a sidewalk surface of the same grade and width prescribed for sidewalks, and all driveway entrances including gutter, slope and sidewalk surface shall be eight inches in thickness. No single driveway entrance for a one-car garage shall be constructed with a frontage exceeding 12 feet measured along the building line.
In lieu of a driveway entrance having curb radii as part of its construction, a depressed curb driveway entrance may be used as set forth on the plan of curb and sidewalk details herein before referred to as Plan No. 54-42-3-B-1 shown as Exhibit A.
Editor's Note: Exhibit A is on file in the Borough offices.
No single driveway entrance for a garage for two or more cars shall be constructed with a frontage or width exceeding 16 feet measured along the building line except upon specific approval of an exception. Such specific approval shall be given only when it is not contrary to the public interest and when owing to special conditions, unnecessary hardship would result.
In the case of areas zoned as a general commercial (C-1), traveler's commercial (C-2), light industrial (I-1), or heavy industrial (I-2) district by the Schuylkill County Zoning ordinances, all driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of 12 feet on each side, the exact radius to be subject to the approval of the Borough Engineer. Except as hereinafter provided, such driveway entrances shall have the outside edge raised 1 3/4 inches above the flow-line of the gutter and shall have a straight slope therefrom to the prescribed outside sidewalk edge and shall have a sidewalk surface of the same grade in width prescribed for sidewalks. In the case of step-down driveway entrances, such driveway entrances shall be constructed seven inches below the top of the curb radius from the curbline to the inside sidewalk edge. The width of any single driveway entrance in such zoned areas shall not exceed 35 feet in width and shall be subject to the approval of Borough Council.
Bituminous concrete material and/or any other approved material placed upon driveway entrances shall in no way impede the flow of stormwater runoff in the cartway area of the streets.
The outside edge of all front retaining walls, defined as those located along any street, shall be on or in back of the building line and the outside edge of all rear retaining walls shall be on or in back of the rear property line, and shall be constructed in accordance with good engineering practice of such height, thickness and materials as shall be approved by the Borough Engineer.
All sidewalks, curbs, retaining walls, and driveway entrances shall have a three-inch to four-inch base of PennDOT No. 2RC limestone material.
When curb or driveway entrances are constructed or repaired, all areas of excavation within the cart-way shall be backfilled with PennDOT No. 2RC aggregate material and the base and surface courses of paving restored in kind; the finished surface shall be sealed with a hot bituminous material of the class and type designated for the surface course to provide a watertight joint along the curb and/or driveway.
All sidewalks, curbs, retaining walls and driveway entrances shall be constructed of air-entrained structural concrete having an ultimate strength of 3,000 pounds per square inch at 28 days and containing 6% air by volume. The sources of concrete materials and mix design shall be subject to the approval of the Borough Engineer.
The top surfaces of sidewalks, curbs, and driveway entrances shall receive a wood floated finish, and the finish tolerance shall be a true plane with one-fourth-inch in 10 feet. The exposed vertical surfaces of curbs and driveway entrances shall be repaired of all honeycombed and defective areas, and shall receive a smooth-rubbed finish to a depth of 12 inches. This finish shall be produced by wetting the surfaces and rubbing with a carborundum, brick or other abrasive, until a uniform color and texture are produced. The finishing shall be completed before the concrete is 36 hours old.
Immediately after finishing, all concrete shall be cured by using either an approved, impervious, light-colored plastic covering placed and maintained in contact with the concrete surface, or an approved, impervious, light-colored liquid curing compound sprayed on the concrete surface. The curing shall be continued for at least five days.
Expansion joints made with 3/8 inch thick performed nonextruding and resilient bituminous joint filler shall be placed every 20 feet to the full depth of curb and sidewalk, and where the sidewalk meets the outside face of a wall and/or curbing. All curb and sidewalk shall be scored every five feet for five feet wide sidewalks and every four feet for four feet wide sidewalks.
All curbing and sidewalks required by the provisions of Schuylkill County ordinances relating to Planning, Zoning or Subdivision, with any rules, regulations or policies duly promulgated under the provisions of same, or included on any subdivision plan submitted under same shall be constructed in accordance with the provisions of this Part 1.
Before any street in the Borough is constructed or reconstructed, all abutting improved property owners shall provide for sidewalks curbing of their respective properties in accordance with the provisions of this Part 1.
In conformance with the provisions of Ordinance No. 78, enacted September 6, 1928, or any subsequent amendments thereof, curbing and sidewalks in accordance with the provisions of this Part 1 shall be laid out and constructed by the person dividing and subdividing property before streets of such subdivision shall be accepted by the Borough.
Notwithstanding other provisions of this Part 1, at the time of construction or reconstruction of curbing and sidewalks, improved property owners shall provide adequate and reasonable access for the safe and convenient movement of the physically handicapped persons at all pedestrian crosswalks within the Borough in conformance with Section 228 of the 1973 Highway Safety Act (Section 402 F of Title 23 USC). This shall be according to the guidelines set further in the attached, marked Exhibit B, and made part hereof.
Editor's Note: Exhibit B is on file in the Borough offices.
Brick sidewalks shall be permitted within the Borough.
[Amended 7-15-2004 by Ord. No. 362]
Present sidewalks which fail to comply with the provisions of this Part 1 by virtue of interference from trees or roots of trees in existence prior to the effective date of this Part 1 shall be brought into substantial compliance according to a plan approved by the Borough Engineer and Tree Commission. As a minimum standard, sidewalk shall meet existing neighboring sidewalks, not impede the flow of surface water or create puddling of surface water, and pose no potential danger to pedestrians. It is the intent hereby to preserve existing trees within the Borough concurrently with providing for the maintenance of the sidewalk area in a condition which will provide for the safe use thereof by pedestrian traffic.
Those areas within the Borough specified on the list attached, marked Exhibit C and made part hereof shall be exempt from the requirements for a sidewalk or from the requirements for a sidewalk or from both the requirements for curbing and a sidewalk as indicated. It is the intent hereby to provide for exemption from the requirements related to development of the sidewalk area provided in this Part 1; and by so doing to fully provide for those prior existing conditions which justify exemption.
Editor's Note: Exhibit C is on file in the Borough offices.
Any exceptions not specifically provided for in this section shall be permitted only after approval of a variance according to the procedure hereinafter provided.