[Adopted as Article 907 of the 1962 Codified Ordinances]
[Amended 4-24-2000 by Ord. No. 13823]
A. 
It shall be the duty of owners of property having frontage on a dedicated and opened public street or alley to construct sidewalks, curbs, handicap ramps and crossovers (driveways) where any of the following apply:
(1) 
Construction of new residential or nonresidential structure.
(2) 
Additions to nonresidential structures.
(3) 
Resurfacing, repaving, or other street or alley reconstruction.
(4) 
Where deemed necessary by the City Engineer for safety reasons or where drainage problems exist.
B. 
Further, it shall be the duty of property owners, as above, to construct concrete ramps, where feasible, and crosswalks when new installation of sidewalk and/or curb are made or when a replacement of same is made so as to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for other persons who may have difficulty in making the required step up or down from curb level to street level.
C. 
All such curbs, sidewalks, handicap ramps, crossovers (driveways) and crosswalks shall be constructed and maintained at the expense of the property owner for the safety and convenience of the public in accordance with this article, and standards and specifications established and maintained by the City of Allentown, Bureau of Engineering.
D. 
All improvements in the public right-of-way shall require approval of the City Engineer and the issuance of a work order for same.
E. 
The City Engineer may waive the requirements for curbs and/or sidewalks along an alley where said alley represents only a secondary means of access to the property in question and to all other properties abutting the same alley within the block in question and where no public purpose would be served.
[Amended 4-24-2000 by Ord. No. 13826]
A. 
Maintenance. If the owners fail to construct and/or repair existing sidewalks, curbs, and/or handicap ramps within 30 calendar days of the date of notice to do such maintenance from the City, the Department of Public Works, Bureau of Engineering, may perform the necessary work, and certify the same, to the City Solicitor, who shall forthwith proceed to collect the cost thereof as provided by law and to put a lien upon such premises from the time of the completion of the work, which date shall be determined by the City Engineer and certified to the City Solicitor.
B. 
Streets and pedestrian safety program. If the property owners fail to either construct new curb and/or sidewalk, apply for a curb and/or sidewalk variance under § 545-17, or notify the City, in writing, of their commitment to engage a private contractor to perform the work identified in the notice, from the City, requiring them to install new curb and/or sidewalk within 60 calendar days of the date of such notice, the Department of Public Works, Bureau of Engineering, may perform the necessary work and certify, to the City Solicitor, who shall forthwith proceed to collect the cost thereof, as provided by law, and to put a lien upon such premises from the time of the completion of the work, which date shall be determined by the City Engineer, and certified to the City Solicitor.
As used in this article, the following terms shall have the meanings indicated:
ALLEY
A minor right-of-way providing secondary access to the side or rear of one or more properties but which shall have a maximum right-of-way width of 24 feet.[1]
BUREAU OF FIRE
The Bureau of Fire of the City of Allentown.
CARTWAY
That portion of the right-of-way designated for vehicular use. This shall include both opened and unopened streets.
CITY ENGINEER
The City Engineer of the City of Allentown or his assignees.
CONTRACTOR
Any person, firm, corporation, association, partnership or other form of organization which constructs or attempts to construct curbing, sidewalks, crossovers (driveways) and handicap ramps on any street or alley (right-of-way) in the City of Allentown.
DEPARTMENT
The Department of Public Works of the City of Allentown.
PERMANENT OBSTRUCTIONS
Any type of structure that cannot be moved without demolishing or destroying it or any permanent change to the right-of-way area which would impede, obstruct or otherwise limit or prevent that area's use for the free flow of pedestrian and/or vehicular traffic.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
PROPERTY LINE
That line which is coincident to and identical with the line marking the extremity of the right-of-way.
RECONSTRUCTION
Any construction, paving, surfacing, repaving, resurfacing, repair or maintenance work which removes or disturbs any portion of the existing structure of any right-of-way.
[Amended 4-24-2000 by Ord. No. 13826]
RIGHT-OF-WAY
The width of a strip of land between property lines set aside for public use or ownership as a street, alley, crosswalk, easement or other facility.
SIDEWALK
That portion of the sidewalk area which is paved for pedestrian use.
STREET
A right-of-way dedicated to the public for the movement of traffic with space for utilities and providing access to abutting properties. May also be referred to as "avenue," "road," "boulevard," "expressway," "court" or "lane" with a right-of-way width greater than 24 feet.
[1]
Editor's Note: The original definition of "A.I.M. Regulations," which immediately preceded this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-2-1981 by Ord. No. 12484]
A. 
Sidewalks.
(1) 
The Allentown Planning Commission will hear requests from property owners for variances from the duties to construct a sidewalk imposed by this article. The Commission may grant variances either modifying or postponing the obligation imposed by this article up to a period of 10 years where:
(a) 
The character of the neighborhood is such that the installation of sidewalks would not serve any public purpose; or
(b) 
Where unique physical conditions make the installation of sidewalks an undue hardship, and the absence of this installation would not materially affect the public safety and conveniences.
(2) 
In granting a variance, the Commission may attach such reasonable conditions and safeguards as it deems necessary to protect the public safety and convenience, including the requirement that a bond be posted where appropriate.
B. 
Curbs.
(1) 
An appeal committee shall be established, appointed and headed by the City Engineer, consisting of a member of the Traffic Planning and Control Bureau, a member of the Police Department, a member of the Engineering Bureau, and a member of the Planning Bureau who shall hear requests from property owners for variances from the duties to construct curbing imposed by this article. The committee may grant variances either modifying or postponing the obligation imposed by this article up to a period of five years where:
(a) 
The character of the neighborhood is such that the installation of curbs would not serve any public purpose; or
(b) 
Where unique physical conditions make the installation of curbs an undue hardship, and the absence of this installation would not materially effect the public safety and convenience.
(c) 
In the opinion of the appeal committee the installation of the curb is not feasible due to lack of proper grades or where the installation of curb causes the construction or reconstruction of the entire street or alley.
(2) 
In granting a variance, the committee may attach such reasonable conditions and safeguards as it deems necessary to protect the public safety and convenience, including the requirement that a bond be posted where appropriate.
C. 
Responsibility of property owner. If a variance is granted for construction of sidewalk or curb, the property owner shall still be responsible for properly grading the area and seeding as necessary. The property owner shall be responsible for continued maintenance of the sidewalk area and shall at all times keep the area suitably passable for pedestrians as determined by the City Engineer. Materials other than grass, concrete, or brick pavers are not permitted in the public right-of-way unless special permission via a permit is granted by the City Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every owner of lots or real estate or his contractor, prior to the setting or resetting of curbing, laying or relaying of sidewalks, crossovers (driveways) and handicap ramps on any street or alley (right-of-way) in the City of Allentown, shall pay the fee as set forth in Chapter 270, Article II, Public Works Fees, and secure a warrant of survey from the City Engineer fixing the line and grade for the setting or resetting of curbing, the laying or relaying of sidewalks, crossovers (driveways) and handicap ramps. Such warrant of survey when duly served and recorded by the City Engineer shall be sufficient authority when issued along with a permit and/or work order for such owner or contractor to commence and complete along such lot or ground as may be described in such warrant of survey, and in accordance with the regulations, rules specifications and ordinances, to set or reset curbing, lay or relay sidewalks, crossovers (driveways) and handicap ramps for which such warrant has been granted. If construction has not been completed within the calendar year of issue, a new warrant of survey shall be obtained.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All points and/or stakes placed under the warrant of survey shall be protected, maintained and kept clear by the contractor. An inspector shall not be required to conduct an inspection if the points and/or stakes are not exposed when he arrives at the site. A charge as set forth in Chapter 270, Article II, Public Works Fees, will be made against the party named on the work order for each point which must be replaced or reset by the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Prior to the setting or resetting or curbing, laying or relaying or sidewalks, construction or reconstructing crossovers (driveways) and the placement or replacement of a handicap ramp on any street or alley (right-of-way) in the City of Allentown every owner of lots of real estate, or his contractor, must pay the fee set forth in Chapter 270, Article II, Public Works Fees, to secure a work order from the City Engineer. Such work order when duly served and recorded by the City Engineer shall be sufficient authority for such owner or his contractor to commence and complete the work in accordance with the regulations, rules and specifications set forth herein and as shall be established in the future relating to the scope of the work. If construction or reconstruction has not been started within 60 days of the date of issue, the work order will be required. This requirement may be waived by the City Engineer if, in his opinion, the delay was created by a public agency.
An applicant or designee will secure a certificate of insurance from the Department and have the certificate properly executed by the applicant's insurance agency. Properly executed certificates of insurance will be filed with the Department and verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such work was performed by the applicant or anyone directly employed by them. Such insurance will include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury will be in an amount not less than $300,000 for each person and $300,000 for each accident and for property damages an amount not less than $300,000. Failure of an applicant to file a certificate of insurance will be sufficient reason for denying a permit. The applicant will save and hold harmless the City from any and all damages and liability by reason of personal injury or property damage arising either directly or indirectly from the work to be performed under the provisions of this article, irrespective of the cause of such injury or damage. Liability insurance requirements for blasting may be obtained from the City Fire Bureau. Blasting permits will be obtained from the Bureau of Fire.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every owner of lots of real estate or his contractor, prior to the construction or reconstruction of crossovers (driveways), will make application and pay the fee set forth in Chapter 270, Article II, Public Works Fees, for a crossover (driveway) permit. Said application will be directed to the City Engineer for review by the Bureau of Traffic Planning and Control and the Bureau of Engineering. If the application is approved, the permit will be issued to the owner of the property, at which time all other required permits may be obtained by the owner or his contractor. All crossovers (driveways) shall conform to the standards and specifications for commercial and residential crossovers of the Bureau of Engineering.
A. 
Commercial crossovers. Commercial driveways across the sidewalk area may not exceed 50 feet in width unless special conditions dictate.
B. 
Residential crossovers.
(1) 
Residential driveways across the sidewalk area may not exceed 30 feet in width unless special conditions dictate.
(2) 
Where a property owner has been directed to lay out and install sidewalks for the first time on a property, and where a preexisting bituminous concrete (blacktop) driveway in good repair already extends from the interior of the property or garage apron to the street cartway, the property owner may allow the blacktop driveway to remain intact and end and then continue the cement concrete sidewalk on the other side of the driveway, so long as the joint between the blacktop driveway and the cement sidewalk is appropriately matched to avoid any trip hazard or change in elevation. This exemption shall apply if the Director of Public Works, or his designee, determines that the blacktop driveway is in sound condition.
[Amended 7-19-2007 by Ord. No. 14504]
(3) 
Variances to the above requirements can only be granted by the Bureau of Traffic Planning and Control and the City Engineer, jointly.
[Amended 4-6-1995 by Ord. No. 13320]
A. 
It will be the duty of the property owners to install handicap ramps at intersections, where feasible, when setting or resetting curbing. These ramps are to make the transition from the street to sidewalk easily negotiable for handicapped persons in wheelchairs and other persons who may have difficulty in making the required steps up or down from curb level to the street.
B. 
All ramps will conform to the standards and specifications maintained by the Bureau of Engineering and the American Disability Act[1] and its latest revisions. The contractor will secure the required work orders and contact the Bureau of Engineering prior to placement of the any handicap ramps.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C. 
Permits for handicap ramps placed at locations other than intersections will require an application and will be reviewed as a crossover under § 545-21 of this article.
D. 
If a property has existing curb and sidewalk, when it is in good condition, in the opinion of the City Engineer, and installation of a handicap ramp is required solely because of street work being performed by the City, said handicap ramp shall be initially installed at the expense of the City; however, the property owner shall be responsible for all maintenance, repair and reconstruction of the handicap ramp.
E. 
Any property owner who was required to install a handicap ramp in 1994 and who would otherwise qualify for City installation pursuant to this subsection may apply for and receive a refund of the costs of construction and permits.
A. 
Cement concrete shall consist of Portland cement, fine aggregate, coarse aggregate, water and admixtures, where required. The materials for cement concrete shall conform to the specifications and standards maintained by the Bureau of Engineering and the PennDOT Specifications Form 408 and latest revisions.
B. 
All concrete used within the public right-of-way in the City of Allentown will be subject to testing. These tests will be made by the City and as directed by the City Engineer. Concrete not meeting the specified requirements will be subject to replacement at the expense of the contractor or supplier.
Concrete curing compound and/or protective coatings shall be applied to the surface and all exposed concrete at the specified rate and times for these materials.
A. 
Concrete curing compound. Concrete curing compound shall be a liquid membrane-forming curing compound, clear or white.
B. 
Protective coating.
(1) 
Protective coating shall be an application of boiled linseed oil applied as specified. It shall be applied starting October 1 or as directed by the City Engineer.
(2) 
The curing compound and protective coatings shall consist of and be applied as specified in the standards and specifications maintained by the Bureau of Engineering and the PennDOT Specifications Form 408 and latest revisions.
A. 
Placing of concrete in the public right-of-way will be permitted during cold weather. Types of concrete, covering, insulation and protective coatings will be as specified in the standards and specifications maintained by the Bureau of Engineering. All work must be completed for the construction season as specified by the City Engineer.
B. 
Winter concreting and emergency concrete work will be permitted on a restricted basis. The Bureau of Engineering must be contacted for a special work order and additional requirements.
C. 
All street/gutter excavations for curing set or reset after November 1 will be the responsibility of the permittee to permanently restore. This restoration must be completed before the end of the construction season.
D. 
Where the permittee performs the permanent restoration, the City will advise the contractor of the standards and specifications which are to be followed. City inspectors will be assigned to assure work is in accordance with these regulations and standards.
E. 
Excavations not restored due to the unavailability of material shall be temporarily restored with cold patch material. This excavation shall be maintained by the permittee until material is available for the required permanent restoration.
A. 
All concrete curing set or reset shall comply with the dimensions, jointing, expansion joints and finish as specified in the standards, drawings, specifications and grade plans as established and maintained by the Bureau of Engineering.
B. 
Line and grade for setting or resetting curbs shall be established by the City of Allentown. A work order (authorization to work) and a warrant of survey are required by the owner or contractor to commence work in the public right-of-way in the City of Allentown. Fees for this work order and survey will be as established in Chapter 270, Article II, Public Works Fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Accepted methods of installation shall be by curb forms, preferably steel or other materials rigid enough to resist springing out of shape and by slipform paving (extruded cement concrete curbing) method as specified in the standards and specifications of the Bureau of Engineering.
D. 
All concrete used for curbing shall meet the requirements for concrete, curing compounds/protective coatings or cold weather concrete as specified in the standards and specifications of the Bureau of Engineering.
[Amended 7-19-2007 by Ord. No. 14504]
A. 
All sidewalks and/or planter strips installed or replaced in the public right-of-way shall comply with the dimensions, jointing, finish and slopes as specified in the standards and specifications as maintained by the Bureau of Engineering.
B. 
A work order (authorization to work) is required by the owner or contractor to commence work in the public right-of-way in the City of Allentown. Fees for this permit will be as established in Chapter 270, Article II, Public Works Fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All cement concrete or brick pavers used for sidewalk/planter strip shall meet the requirements for cement concrete or brick pavers as specified in the standards and specifications of the Bureau of Engineering.
D. 
Blacktop placed in the sidewalk/planter strip shall be approved by the City Engineer and comply with specifications as established and maintained by the Bureau of Engineering. Blacktop sidewalk/planter strip will only be allowed in nonresidential areas in the City of Allentown except that where a property owner has been directed to lay out and install sidewalks for the first time on a property, and where a preexisting bituminous concrete (blacktop) driveway in good repair already extends from the interior of the property or garage apron to the street cart way, the property owner may allow the blacktop driveway to remain intact and end, and then continue the cement concrete sidewalk on the other side of the driveway, so long as the joint between the blacktop driveway and the cement sidewalk is appropriately matched to avoid any trip hazard of changed in elevation.
A. 
It shall be unlawful to conduct or allow to conduct the direct drainage of roof or other wastewater over and across sidewalks in the City of Allentown in such a manner as to create a public nuisance or hazard as determined by the City Engineer.
B. 
All water conducted to the street or storm sewer shall be by means of plastic pipe, formed channel or by use of a drainage swale formed in the concrete sidewalk provided such swale will not constitute a public nuisance or hazard as described above.
C. 
All methods shall meet the requirements as specified in the standards and specifications maintained by the Bureau of Engineering. All drainage devices, whether on or below the surface of the sidewalk, shall be the responsibility of the property owners to construct and maintain.
A. 
This article shall permit the use of pressure injection of cement grout under concrete pavements for the purpose of lifting and leveling the affected slabs to correct displacement and eliminate hazards. This method will be considered temporary since future leveling may be required if settlement should occur.
B. 
This slabjacking shall be done in accordance to the standards and specifications as maintained by the Bureau of Engineering and the PennDOT Specifications Form 408 and latest revisions.
C. 
A work order will be required before any work is performed. A site inspection by the Bureau of Engineering will be made to determine feasibility of this method before the work order is issued. Final determination of feasibility shall be made by the City Engineer.
All work performed in the public right-of-way within the City is subject to inspection by the Bureau of Engineering.
A. 
Preliminary. The contractor, prior to placing any concrete, shall request an inspection of his forms 24 hours in advance. A preliminary inspection slip will be issued if the work is in accord with the established lines, grades and applicable standards and specifications.
B. 
Final.
(1) 
After concrete has been placed and finished in accordance with standards and specifications, a final inspection will be conducted. If work meets all specified requirements, the contractor will be given a final approval slip.
(2) 
All work not meeting specifications, standards and ordinances is subject to removal. All costs associated with such removal shall be borne by the contractor and not the property owner or the City.
All standards set forth in this article shall be the responsibility of and maintained by the City Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Prior to the issuance of any warrant or survey, work order or permit required herein, the owner or his contractor shall pay a fee for the same. These fees shall be established and charged as set forth in Chapter 270, Article II, Public Works Fees.
A. 
The City of Allentown reserves the right to employ the use of new and experimental procedures not presently covered under this article. Temporary regulations and standards may be authorized by the City Engineer for procedures which are determined to be beneficial and in the best interest of the public.
B. 
The procedures will be in effect for a period not to exceed one year, at which time they will be evaluated as a valid procedure. At that time, it will be processed into an ordinance or dismissed.
C. 
All temporary procedures shall comply with the requirements of this article, except for additions for this new procedure.
D. 
The City may cancel or revoke this temporary regulation at any time it deems necessary within the one-year trial period.
The provisions of this article are severable. If any sentence, clause or section of this article, if for any reason, is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or intent of the City that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause or section not been included herein.
[Amended 8-6-1992 by Ord. No. 13144; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons violating any of the provisions or requirements of this article, standards and specifications, or refusing or neglecting to comply with the same, shall forfeit and pay a fine or penalty or not more than $1,000 or imprisonment or not more than 90 days, or both, for each offense. Also, a like penalty will be assessed for each and every day any work remains contrary to the provisions of this article along with the standards and specifications set forth by the City.