[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[1]). 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.
[1]
Editor's Note: Appendix A, General Sidewalk Specifications, is included as an attachment to this chapter.
[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[1]).
[1]
Editor's Note: Appendix B, Sidewalks, Curbs, Gutters, and Drains Specifications, is included as an attachment to this chapter.
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[2]).
[2]
Editor's Note: Appendix C, Handicapped Curb Ramp Specifications, is included as an attachment to this chapter.
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.