[Ord. No. 313, 7/10/1967,
§ 1; as amended by Ord. No. 7/12/2000B]
All construction, maintenance, and repairs will conform to Pennsylvania
Department of Transportation Publication 408 and general specifications
(as contained in Appendix A). Every owner of property in the Borough of Wesleyville
will, within 20 days after notice, cause to construct, grade, drain,
pave, or repair a sidewalk, curb, or gutter and keep the same in repair
and in a safe and usable condition as such grades and under such other
regulations and specifications within this and other applicable Borough
ordinances.
[Ord. No. 313, 7/10/1967,
§ 2]
Upon the neglect of any property owner to comply with any of the requirements set forth in the notice, as provided in §
21-401, relating to construction or repair of any sidewalk, curb, or gutter, the Borough may cause the grading, paving, repairing, 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 or collect the same by action in assumpsit.
[Ord. No. 313, 7/10/1967,
§ 3]
All notices relating to construction or repair 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,
then the notice may be served upon the agent or tenant of the owner,
or upon the occupant of such premises, after such premises. If the
owner has no agent or tenant or there is no occupier or such premises,
then service shall be by notice posted upon the premises.
[Ord. No. 313, 7/10/1967,
§ 4; as amended by Ord. No. 12-13-1989, 12/13/1989; and by Ord. No. 7/12/2000B]
1. No person, firm, corporation or other entity will construct or repair
sidewalks within the Borough right-of-way until a permit has been
issued by the Borough for such work.
2. A permit application will be submitted to the Borough manager, or
the designee appointed/authorized by the Borough Council, by the owner
or authorized representative of the owner prior to the issuance of
a sidewalk construction or repair permit, with the following information
provided:
A. Name and address of the person or entity making the application.
B. Location where the person or entity desires to perform the work or
act.
C. Estimated time frame of the work or the act.
D. Description of work to be performed and the proposed purpose for
the work.
3. The application will be on a form provided by the Borough, accompanied
by any fee as set in accordance with Borough Ord. No. 011399.
4. The Borough Manager or the designee appointed/authorized by the Borough
Council will review the application and either issue a permit or provide
written comments as to why the permit application was denied.
[Ord. No. 313, 7/10/1967;
as amended by Ord. No. 7/12/2000B]
1. The Borough Manager or designee appointed/authorized by the Borough
Council will inspect all sidewalks constructed or repaired to ensure
compliance with the specifications of this Part pursuant to the post-work
inspection approval being given by the designee.
2. The permittee will contact the Borough Manager or the designee appointed/authorized
by the Borough Council to schedule an inspection at least seven days
prior to completion of the work.
3. The Borough Manager or the designee appointed/authorized by the Borough
Council will sign the permit, indicating approval, upon satisfactory
completion of the work and inspection by the designee or provide an
explanation as to why the inspection was disapproved.
[Ord. No. 313, 7/10/1967;
as amended by Ord. No. 7/12/2000B]
1. General. Sidewalks will be constructed in conformance with sidewalk
standard drawings of this Part (see Appendix B).
2. Materials. Materials will conform to Pennsylvania Department of Transportation,
Publication No. 408 (review copy available at the Borough Office)
and include, but are not limited to:
A. Class A cement concrete: Section 704.
B. Premolded expansion joint filler: Section 705.1.
C. Curing and protective covers: Section 711.1.
D. Concrete curing compound: Section 711.2(a).
E. Concrete admixtures: Section 711.3.
3. Preparation:
A. Excavation will be done to the depth necessary below the finished
grade as established under these specifications or as necessary to
clear the area of vegetation or other objectionable material, and
a backfill of at least six inches of subbase material will be placed
and compacted under all areas to be covered with concrete.
B. In all cases where the surface of the ground adjacent to the sidewalk
is below the finished surface of the sidewalk, it will be necessary
for the contractor to make a tamped earth fill on either side of the
walk, bringing the fill flush with the top of the walk for a distance
of one foot from either side, the fill to have a slope to the original
surface not to be less than three horizontal to one vertical.
C. In all cases where the surface of the ground adjacent to the sidewalk
is above the finished surface of the sidewalk, it will be necessary
for the contractor to continue his excavation a distance of at least
one foot on either side of the walk, at the finished grade of the
walk, and then continue his cut to the original ground surface with
a side slope of at least two horizontal to one vertical (2H:1V), or
as directed by the Borough Manager or designee appointed/authorized
by the Borough Council.
D. All castings, such as manhole tops, grates for areaways, water and
gas stops, etc., will be adjusted by the contractor and set even with
the surface of the finished sidewalk.
E. Forms will be set so as to allow for a square vertical edge and a
thickness of a full four inches in walking areas and a minimum six-inch
walk in driveway apron areas and also to allow for a slope of the
walk towards the curb which will under regular conditions be 3/8 inch
per foot.
F. The contractor will adjust the grade at street corners so as to conform
as nearly as possible to the curb grades on each street. In case of
a great difference between the grade of two walks at a street corner,
the Borough Manager or designee appointed/authorized by the Borough
Council will be notified and he will give direction as to the extent
the surface of each walk may be warped to meet at the same grade at
the corner. In no case will the warping of the sidewalks exceed one
vertical to 12 horizontal.
G. Expansion joint will be placed at all points where the proposed sidewalk
meets existing walks, curbs, driveway aprons, catch basins, utility
castings, etc., as well as at any point where the walk changes in
direction 45° or more. In no case will the distance between expansion
joints be greater than 100 linear feet. Expansion joints will be placed
to the full width of the walk and to separate the proposed walk completely
from utility castings, curbs, etc.
4. Other Specifications.
A. The surface edges of all slabs will be rounded to a radius of 1/2
inch.
B. Safety barriers must be maintained at all times and safety/warning
lights must be maintained during hours of darkness on barricades and
on all materials piled outside the property line in the street right-of-way.
(Note: The storage of any material in the street right-of-way will
be at the sole discretion of the Borough Council.)
C. Sidewalk slabs with graffiti or other damage must be restored to
appropriate condition or replaced as necessary at the property owner's
expense.
D. All sidewalks will be maintained in good repair and kept free of
debris.
5. Handicapped Curb Ramps.
A. Handicapped curb ramps will be placed as shown in the attached drawings
(see Appendix C).
B. The Borough Engineer will indicate which type will be used.
[Ord. No. 313, 7/10/1967;
as amended by Ord. No. 7/12/2000B]
1. General. All new or rebuilt curbs will be constructed with concrete
curbs in accordance with accepted standards and in compliance with
the materials and methods of construction outlined below. All curb
construction will only be performed by a professional contractor;
each contractor will be required to provide a 100% performance bond.
2. Excavations. Excavation will be made to the required depth, and the
material upon which the curb is to be constructed will be compacted
to a firm, even surface. Where underdrain is to be placed under the
curb, the excavation for the curb will be made in conjunction with
the excavation for the underdrain.
3. Materials. The curb will be constructed in accordance with the latest
edition of Pennsylvania Department of Transportation, Publication
No. 408, Section 630. Materials will conform to Pennsylvania Department
of Transportation, Publication 408 (review copy available at the Borough
office), as follows:
A. Class A cement concrete: Section 704.
B. Premolded expansion joint filler: Section 705.1.
C. Dowel bars: Section 705.3.
D. Joint sealing material: Section 705.4.
E. Curing and protecting covers: Section 711.1.
F. Concrete curing compound: Section 711.2.
G. Concrete admixtures: Section 711.3.
H. Bituminous paper: Section 727.
4. Other Requirements.
A. The aggregate used in the production of concrete under this contract
will be from sources currently approved by the Pennsylvania Department
of Transportation and conform to Publication 408 requirements.
B. The minimum cement content will be 6.0 sacks per cubic yard of concrete,
and the same will have a twenty-eight-day compressive strength of
3,300 psi.
C. The fresh concrete will contain from 4% to 7% volume of entrained
air. The Borough Engineer or his or her representative may make air
determinations, and such changes as are necessary to maintain the
required air content will be made as directed.
5. Concrete Curbs. The forms for the curb will be approved metal, except
wood forms may be used on sharp curves and short tangent sections
when approved by the Borough Engineer. Forms will be straight, free
from warp and of sufficient strength, when staked, to resist the pressure
of the concrete without springing. At least three stakes will be provided
for each ten-foot length of form. Metal forms will be of approved
section and will have a flat surface on top. Wood forms will be one-and-one-half-inch-thick
surfaced planks. These forms will be of a depth equal to the depth
of the curb, so designed as to permit secure fastening of the face
and back forms at their tops. These fastenings will be designed so
that they will not obstruct satisfactory finishing and edging of the
top of the curb and will permit removal of the face forms. The outside
or back forms will be straight from top to bottom. The inside of face
forms will have a one-fourth-inch batter from the top of the curb
to the finished surface line of the pavement and will be straight
from this line to the bottom. Steel templates, 1/8 inch in thickness,
of the width of the curb and not less than two inches longer than
the depth of the curb will be used to separate adjacent sections.
All forms and templates will be cleaned thoroughly and treated with
an approved material, as required, to prevent the concrete from adhering
thereto. Oil, tar paper or other material which will adhere to or
discolor the concrete will not be used. Forms and templates which
have become worn, bent, warped or broken will not be used. The forms
will be accurately set to line and grade in such a manner as to prevent
settlement of displacement.
6. Placing and Finishing Concrete. The concrete will be placed in the
forms in horizontal layers not to exceed five inches in depth and
spaded sufficiently to eliminate all voids. An electric vibrator may
be used with the permission of the Borough Engineer. Where indicated
or directed, drainage openings will be made through the curb at the
elevation and of the size required. The curb will be depressed as
indicated or directed. The top surface of the curb will be finished
true to line and grade in a neat, smooth and even manner by means
of wood floats, and the edges of the face and back will be rounded
to a radius of not more than 3/4 inch on 1/4 inch, respectively, while
the concrete is still plastic.
7. Joints and Reinforcing.
A. The curb will be constructed in uniform lengths or sections of 10
feet, except where shorter sections are necessary for closures or
curves, but no section will be less than four feet in length. Premolded
expansion joints 1/4 inch in thickness and cut to conform with the
cross section of the curb will be placed at the ends of sections of
curved curb and at intervals of not more than 120 feet. Intermediate
joints between sections will be formed of two thicknesses of one-ply
bituminous paper, cut neatly to the cross section of the curb and
one paper placed on each side of the template. If the method of handling
the work is such that the templates can not be removed satisfactorily,
the curb will be constructed in alternate sections.
B. When curved curb joins with tangent curb, at curb returns and on
sharp curves, where directed, there will be embedded in the concrete
two reinforcement bars 1/2 inch in diameter and 24 inches in length.
These bars will be placed at three and 12 inches below the top of
the curb and in the center of its width, and will extend 12 inches
into the curb on each side of the joint. The portions of the bars
extending into the tangent curb will be rendered bondless with a coating
of approved material and enclosed in approved tubes or caps, which
will provide a positive clearance pocket of at least 1/2 inch.
8. Concrete Control Test. During the progress of work, at least one
set of four standard six-inch concrete cylinders will be made during
each and every day of concreting operations. The cylinders of each
set will be molded from the same sample of concrete and will be tested
one at seven days and three at 28 days. Test results will be forwarded
to the Borough Engineer. Costs for concrete testing will be borne
by the permittee.
9. Removal of Form. The forms will not be removed within 12 hours after
the concrete has been placed. No rubbing to correct irregularities
will be permitted until the curing period has elapsed. Any irregular
surface will be corrected by rubbing with a carborundum stone. Brush
refinishing or plastering will not be permitted, and all rejected
curb will be promptly removed and replaced. All joints in the curb
will be opened from top to bottom immediately after the forms are
removed, and the edges adjacent to the joints will be sharp and clean-cut.
After the forms are removed, minor defects will be filled with mortar
composed of one part cement and two parts fine aggregate.
10. Curing. The curb will be protected and cured in a manner approved
as specified in Pennsylvania Department of Transportation, Publication
408.
11. Backfilling. After the concrete has attained the required strength,
the spaces in back of the curb will be backfilled with acceptable
material in layers of not more than four inches in depth. Each layer
will be thoroughly compacted mechanically to the required elevation
and cross section.
12. Finish Grading. Finish grading behind the curb will be done to meet
existing conditions at the right-of-way line with a material that
is acceptable to the Borough Engineer. All existing lawns disturbed
or altered during construction will be seeded with a quality seed
that will restore the lawn to its original condition.
13. Repair to Roadway Surface. All existing roadway surfaces disturbed
or altered during the course of construction will be restored to their
original condition and to the satisfaction of the Borough Engineer.
[Ord. No. 313, 7/10/1067;
as amended by Ord. No. 7/12/2000B]
In case any person will construct or repair a sidewalk and will
not conform to the requirements of this Part, the Borough may order
such person to correct improper work and replace same in compliance
with this Part. Notice to correct the improper work will be given
by certified mail, and will state that compliance will be made within
10 days from receipt of the notice. If, after the 10 days from receipt
of the notice, the property owner fails to correct the work as required
by Borough ordinance, the Borough may correct the work and may impose
the cost of engineering and legal services, and material and labor
against the property owner and may lien the property for the said
costs if not paid by the property owners.
[Ord. No. 313, 7/10/1967;
as amended by Ord. No. 7/12/2000B]
1. Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every such violation or
noncompliance, be guilty of a summary offense, punishable by a fine
of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Amended by Ord. No. 10112006, 10/11/2006]
2. In addition to the remedy set forth in Subsection
1, this Part may be enforced through an action in equity in the Court of Common Pleas of Erie County, Pennsylvania.