Borough of Elverson, PA Sidewalks, Curbs, Gutters, Driveway Entrances and Retaining Walls

[Adopted 4-5-1926; amended in its entirety 8-3-1993 by Ord. No. 1993-04.]

This article shall be known and may be cited as the "Elverson Borough Sidewalk and Curb Ordinance of 1993."

All sidewalks, curbs, driveway entrances and retaining walls in connection therewith abutting or adjacent to the streets of the Borough of Elverson shall be constructed, reconstructed, repaired and maintained by or at the direction of the owners of the lots abutting such streets in accordance with the provisions of this article. It is and shall be unlawful for any person, firm or corporation, including owners of real estate, contractors, subcontractors, mechanics and laborers, to grade any sidewalk area or to construct, reconstruct, maintain or repair any sidewalk, curb, gutter, driveway entrance or retaining wall in connection therewith except in strict conformity with the provisions of this article.

§ 233-3 Permits.

Any person, firm or corporation desiring to grade any sidewalk area, which is defined as the area located between the curbline and the building line, or desiring to construct, reconstruct or repair any sidewalk, curb, driveway entrance, or front or rear retaining wall (singularly or collectively, "work"), shall first obtain a permit therefor from the Borough Zoning Officer, who shall issue such permit only after the following conditions have been met:

The filing with the Borough Zoning Officer of a written application for a permit, upon such forms as shall be approved by Borough Council by resolution, setting forth the exact location, purpose and detailed description of the work.

The fees for such permits shall be set by resolution of Borough Council. The fee schedule shall be posted for public inspection in the office of the Borough Secretary and shall be based upon the extent of the work. The permit fee shall be the total fee for all of the work set forth in the application. By way of example, where the application includes the construction, reconstruction or repair of a sidewalk(s) and curb(s) simultaneously, only one permit and one total permit fee shall be required.

Approval of the application by the Borough Zoning Officer, which approval shall be granted or denied within 10 business days following the filing of the application; except that, if the Borough Engineer shall be required or requested to furnish the applicant with the necessary lines and/or grades in accordance with Subsection D, hereof, the application shall be approved or denied within 15 business days from the date the application is filed.

Except for subdivision and land development applications, in cases of new construction of any curb, or of resetting any curb in excess of 10 feet in length, and in the case of any other work when requested by the applicant, the Borough Engineer shall furnish the applicant with the necessary lines and/or grades. If the Borough Zoning Officer shall, upon review of the application, deem it necessary for the applicant to utilize lines and/or grades in connection with the work, the Borough Engineer shall furnish such lines and/or grades, and the cost therefor shall be paid by the applicant at the time of the issuance or denial of the permit. The Borough Engineer shall not furnish lines and/or grades if the application is to be rejected for other reasons.

If an application is rejected, the permit fee will be refunded less so much thereof as shall equal a permit processing fee, as shall from time to time be established by resolution of Borough Council.

Permits shall be valid for 60 days from the date of issuance and all work encompassed by the permit shall be completed within that time unless the permit shall be renewed by Borough Council for good cause upon application for renewal and the payment of a permit renewal fee which shall be established from time to time by resolution. Renewed permits shall be effective for a period of 30 days from issuance, and application therefor must be made and the fee paid before expiration of the validity of the initial permit or preceding renewal permit.

§ 233-4 Work regulations.

All work shall be done in accordance with the following:

All curbs and driveway entrances shall conform to established grades and shall be fabricated in accordance with the attached drawing depicting curbs and driveway entrances prepared by Spotts, Stevens & McCoy, Inc., Drawing Number 7233-001-D-001, dated July 1, 1993.

All sidewalks shall conform to established grades and sizes and shall be fabricated in accordance with the drawing.

All curbs shall be seven inches wide across the top, eight inches wide at the gutter line, and eight inches wide at the bottom, and shall extend not less than 18 inches in depth from the top of the finished curb. The height of curb above the gutter line shall be seven inches. All curbs shall be constructed on a minimum four-inch depth of clean 3/4-inch crushed stone (AASHTO No. 57 or PennDOT No. 2B).

Expansion joints shall consist of a 1/2-inch premolded, nonextruding, bitumastic material installed for the entire depth of the curb, sidewalk or driveway entrance. Expansion joints shall be provided every 20 feet in sidewalk, 30 feet in curb, as noted on the drawing, in driveway entrances, at structures and at the limit of each day's work, with scored contraction joints every 10 feet in curb or four feet in sidewalks. For slip-form curb (1 1/2 inches slump maximum) expansion joints may be installed every 60 feet.

The street side edge of all sidewalks shall be set back from the streetside face of the curb as noted in the table below:

[Amended 12-1-2009 by Ord. No. 2009-04]

Street	Limits	Required Setback (feet)	Required Width (feet)
Main Street (SR 0023)	North side between Park Avenue and Yeingst Drive	None	5
Main Street (SR 0023)	South side, entire length within Borough	None	4
Chestnut Street (SR 0082)	From pre-1950 Borough line south of SR 0023 to abandoned railroad bed (pre-1950 Borough line) north of SR 0023	None	4
South Pine Street	From SR 0023 to Conestoga Road (SR 0401)	3	4
North Pine Street	From SR 0023 to Park Avenue	No sidewalk required	No sidewalk required
Park Avenue	From SR 0023 extending north to a point of curvature in the road	4	4
Parkside Drive	Entire length within Borough	4	4

For streets other than those described in the preceding table, sidewalks shall be required in accordance with Chapter 240, Subdivision and Land Development, as the same shall from time to time be amended.

Where applicable, a grass plot area shall separate the curb from the sidewalk, except that the grass plot area may be paved as an addition to the sidewalk if so directed by resolution of Borough Council. All sidewalks shall be not less than four inches in thickness, and the surface shall have a 1/4-inch pitch per foot measured from the outside face of the curb. Sidewalks shall be constructed on a minimum four-inch depth of clean 3/4-inch crushed stone (AASHTO No. 57 or PennDOT No. 2B). Exceptions to the width and setback requirements are hereby granted in areas where the Borough Engineer or Zoning Officer determines that building and/or retaining walls, existing as of the date of this article, preclude meeting the requirements. In such cases, the sidewalk shall extend so as to abut said building or wall.

All driveway entrances shall have a depressed curb entrance or a curb radius. Curb radius entrances shall have a three-foot radius on each side; shall have the outside edge raised between one inch and 1 1/2 inches above the flow line of the gutter; shall have a straight slope therefrom to the prescribed streetside sidewalk edge where sufficient setback exists or to a point three feet from the streetside 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 six inches in thickness, as noted on the drawing.

Step-down driveway entrances shall be provided with handicap access ramps as noted on the drawing. All commercial and manufacturing use driveway entrances shall be eight inches in thickness and reinforced as noted on the drawing.

All driveway entrances shall be constructed on a minimum four-inch depth of clean 3/4-inch crushed stone (AASHTO No. 57 or PennDOT No. 2B).

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 shall be constructed in accordance with good engineering practices of such height, thickness and materials as shall be approved by the Borough Engineer.

Handicap access ramps shall be provided at all new or reconstructed street intersections and other locations, if any, in accordance with PennDOT Roadway Construction Standard Details, RC-67, latest revision, or other regulations so as to be in compliance with the American With Disabilities Act, as shall from time to time be amended, superseded or replaced.

All sidewalks, curbs and driveway entrances shall be constructed of concrete conforming to PennDOT Class A cement concrete, as specified in Publication 408, latest revision.

No surface gutters shall be permitted on new sidewalks. Drains shall be installed under sidewalk areas and through the curbing in accordance with the drawing.

No material shall be permanently placed in the gutter line of the cartway adjacent to curb or driveway entrances which shall in any way impede the flow of stormwater runoff along the gutter line.

All traffic signs or street name signs properly removed in connection with any work shall be replaced by the person, firm, corporation or other entity performing and/or responsible for the construction. Four-inch plastic pipe shall be set into new sidewalk at sign locations to facilitate future sign replacement.

All driveways shall have a finish equivalent to that of the adjoining sidewalk, while the finish for curb radii and depressed curbs shall be the same as the adjoining curbing.

Backfilling. With respect to sidewalks, after the concrete has been cured, the spaces adjacent to the sidewalks shall be backfilled with approved materials in layers not more than six inches in depth, which shall be thoroughly compacted mechanically to the required elevation and cross section. With respect to curbs, after the concrete has sufficiently set, the spaces in back of the curbs shall be backfilled with approved materials in layers not more than six inches in depth. The materials shall be thoroughly compacted in layers of not more than six inches.

No concrete shall be poured in freezing conditions without the written approval of Borough Council or the Borough Engineer.

The Zoning Officer or Borough Engineer may reject any concrete sidewalks, curbs, driveway entrances or retaining walls which do not conform to the requirements of the article or to generally accepted standards of the American Concrete Institute, as the same shall from time to time be adopted and automatically incorporated herein by reference.

§ 233-5 Replacement.

Sidewalks, curbs, driveway entrances and retaining walls which do not comply with the terms hereof shall be replaced and repaired, if:

In the case of curbing, more than 20% of any scored section must be replaced, the curb shall be sawcut and the entire section replaced and expansion joints placed at both ends of the remaining curb.

In the case of concrete sidewalks, where more than 20% of the area of any scored block requires replacement, the concrete block shall be replaced in its entirety, provided that where a portion of such concrete block is removed for installation or repairs to utilities, the entire block shall be replaced in its entirety.

In the case of concrete driveway entrances, where more than 20% of the total area requires replacement, the entire entrance shall be replaced.

§ 233-6 Excavations.

All street areas excavated for the purpose of repairing or replacing curb, or driveway entrances shall be reconstructed and sealed to the following minimum cross sections and sealing requirements:

PennDOT-approved 2A modified or clean 3/4-inch stone from the bottom of the excavation to the base course.

Four inches of bituminous concrete base course (BCBC).

One and one-half inches ID-2 bituminous concrete wearing course.

Upon completion of street restoration, the curbline shall be sealed with AC-20, eight-inch minimum width. All pavement joints shall be sealed with AC-20, four-inch minimum width.

The removal of existing curb and gutter or driveway entrances shall be accomplished by sawcutting the fronting street a maximum of one foot from the face or edge of the curb, combination curb and gutter or driveway entrance.

§ 233-7 Nuisances.

Sidewalk areas not graded, or sidewalks, curbs, driveway entrances and any necessary retaining walls which are not laid in conformity with the provisions of this article, are hereby declared to be a nuisance (whether a nuisance in fact or not) and illegal. Application for a permit to do the work necessary to come into compliance with the provisions of this article shall be made within 15 days after written notice by the Borough, and the work shall be completed within 60 days from the issuance of the permit therefor.

§ 233-8 Dangerous conditions.

No sidewalk, curb or driveway entrance heretofore laid with material or materials not prescribed herein shall be permitted to be repaired. Whenever any such sidewalk, curb or driveway entrance is or becomes, in the opinion of Borough Council or the Borough Engineer, a dangerous condition, written notice shall be given to relay the sidewalk, curb or driveway entrance with the materials herein specified. Application for a permit to do the work necessary to come into compliance with the provisions of this article shall be made within fifteen days after written notice by the Borough, and the work shall be completed within 60 days from the issuance of the permit therefor.

§ 233-9 Repairing defects.

If upon visual inspection by Borough Council, the Borough Engineer or the Zoning Officer it is determined that any sidewalk, curb or driveway entrance is significantly deteriorated or damaged so as to constitute an immediate danger to the public at large, any such sidewalk, curb and driveway entrance shall be repaired or replaced in accordance with the provisions of this article upon written notice to do so. The criteria for determining significant deterioration or damage shall be based upon the amount of cracking, spalling and settlement observed individually or in combination for a given segment of curb, sidewalk or driveway entrance. Application for a permit to do the work necessary to come into compliance with the provisions of this article shall be made within 10 days after written notice by the Borough, and the work shall be completed within 30 days from the issuance of the permit therefor.

§ 233-10 Notices.

Notices required by this article shall, if practicable, be personally served upon any 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 or cannot readily be served with notice, notice may be served upon the agent, tenant or occupant of such premises. If there is no agent, tenant or occupant of the premises, the notice shall be posted upon the premises. In addition, a copy of the notice shall be sent by certified mail, return receipt requested, to the owner of the premises at the address contained in the Borough's tax duplicates and to the agent and tenant or occupant of the premises.

Notwithstanding the foregoing, there shall be no requirement to send notice by certified mail to any agent, tenant or occupant of the premises, unless the owner shall have provided the Borough with such agent's, tenant's or occupant's complete name and mailing address. The return as "unclaimed," "undeliverable" or similar designation of any such letter shall not constitute a defect in service. The personal serving of notice as specified herein or the posting of the premises, as applicable, shall constitute full and complete service for all purposes attendant to this article and its enforcement.

§ 233-11 Failure to comply.

Upon the neglect of any property owner to comply with any of the requirements of this article, the Borough may, after 10 days' notice, cause the work to be done and shall collect from the owner the cost thereof and 10% additional, together with all charges and expenses, and if payment is not made, the Borough shall file a municipal lien therefor or collect the same by action in assumpsit or as otherwise may be appropriate and authorized by law.

§ 233-12 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Chester County.

§ 233-13 Construal of provisions.

The provisions of this article are not intended as a repeal of the ordinances of September 4, 1916 and April 5, 1926, except that, where there is any inconsistency or conflict between those ordinances and this article, the provisions hereof shall prevail.

§ 233-14 Severability.

The provisions of this article shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal or invalid, such decision shall not affect the validity of the remaining provisions of this article. It is hereby declared as legislative intent that this article would have been adopted had such unconstitutional, illegal or invalid provision not been included herein.