Borough of Athens, PA Sidewalk and Curb Construction

In areas where no curbing is currently present, there shall be a minimum of 11 feet between the outside of the curb and the center of the roadway.

In new development areas there shall be a minimum of 12 1/2 feet between the outside of the curb and the center of the roadway.

Placement of sidewalk(s). In areas where no sidewalk(s) is currently present, the layout for the placement of sidewalk(s) shall be determined by the Code Enforcement Officer based on the following criteria:

The continuation of an existing sidewalk on an adjacent or abutting property.

The maintenance of uniformity in the location of existing sidewalks in the neighborhood.

The avoidance of the removal of mature shade trees.

The location of the sidewalk based on the existing location of the public right-of-way.

(5)

The maintenance of open space between the curb and the sidewalk.

Exemptions: All exemptions granted by the Athens-Sayre Joint Code Enforcement Agency to this article prior to April 1, 2006, shall continue to remain in full force and effect.

[Amended 3-20-2006 by Ord. No. 602, approved 3-20-2006]

For purposes of the Athens Borough ordinance and specifically this section dealing with sidewalks, the Americans with Disabilities Act[1] addresses the use of detectable warning surfaces for physically challenged individuals. The Act (ADA) requires that walking surfaces which adjoin or intersect hazard areas such as railroad tracks, streets, driveways, and open reflecting pools which are without curbs, railings or other barriers must include a section of detectable warnings at the edge of the hazardous area. For purpose of this article, "detectable warning surface" shall be defined as the surface area of a sidewalk featuring a pattern of bumps, or truncated domes, designed to alert pedestrians who are blind or have low vision that are approaching a dangerous location.

[Added 4-9-2012 by Ord. No. 648]

Detectable warning surfaces shall be required on every handicapped ramp within every street that is being repaved or reconstructed and shall be installed by the Borough when any reconstruction work is performed on any street by the Borough.

Detectable warning surfaces shall be required on every handicapped ramp within every street that is part of a street opening project by a utility company and shall be installed by a utility company when the street opening work is performed on any street.

To install the detectable warning surface, the handicapped ramp will have to be removed and replaced with the approved detectable warning surface.

In the event any detectable warning surface needs replacement as determined by the Borough, the property owner will be responsible for the replacement.

(5)

All of the sidewalk blocks that do not require detectable warning surface will continue to be the responsibility of the property owner.

(6)

Property owners shall be responsible or required to install a detectable warning surface in the sidewalk blocks adjacent to their property if they are involved in repairing or reconstructing their sidewalk. The Borough will provide the detectable warning surface materials to the property owner for the initial installation.

(7)

If the Borough or a utility company has installed a detectable warning surface on a property owner’s sidewalk, any future repair or replacement will be the sole responsibility of the property owner.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

The property owner shall be responsible for the winter maintenance of the detectable warning surface blocks and the other sidewalk blocks that are along his or her property as required under § 452-4.

[Added 4-9-2012 by Ord. No. 648]

§ 452-8 Duty of owner to repair and maintain sidewalks and curbs.

Whenever ordered by the Code Enforcement Officer the owner or owners of lots of land fronting, facing, siding or abutting on any of the public streets, avenues, land and alleys of the Borough of Athens where the sidewalks or curbs are in need of repair(s) shall repair the same according to the ordinances, rules, regulations and specifications of the Borough governing the same.

The owner(s) shall maintain all sidewalks and curbs free from grass, weeds and trees, including the joint between the curb and the road pavement.

§ 452-9 Required construction material; exception.

[Amended 4-12-1999 by Ord. No. 525, approved 4-12-1999]

The construction and repair of any and all curbs and sidewalks abutting any street or state highway within the Borough shall be of masonry (cement-concrete material) or stone material except as provided in Subsection B.

If 50% or greater of an amecite sidewalk is in need of repair, the owner shall replace it in its entirety, running the entire length of the property with masonry or cement-concrete material, brick or slate material.

If less than 50% of an amecite sidewalk is in need of repair, the owner may replace that portion with the same amecite material. However, all existing amecite sidewalks that are not exempt under Subsection E must replace the amecite material with masonry or cement concrete material, brick or slate material by January 1, 2009.

[Amended 3-20-2006 by Ord. No. 602, approved 3-20-2006]

Only in those existing masonry material, cement-concrete material, brick or slate material sidewalks in need of repair may the owner replace those portions or blocks with the same existing masonry material, cement-concrete material, brick or slate material.

All property owners shall replace their entire amecite sidewalk prior to January 1, 2009, whether the sidewalk is in need of repair or not in need of repairs. Exceptions:

[Amended 3-20-2006 by Ord. No. 602, approved 3-20-2006]

All property owners in the Borough may in the sidewalk area where a driveway crosses the areas of a sidewalk use the material of the driveway in such area if the driveway is amecite or blacktop. If the driveway is gravel, the sidewalk area must be replaced with a concrete sidewalk. No other sidewalk area on the property shall utilize amecite.

Nonconforming properties.

(a)

If the sidewalk area in 1998 was a commercial business, commercial parking lot, professional business, multifamily residential structure, church, government or building for municipal purposes, industrial use, public utility, railroad, school district or a social club utilizing an amecite parking area for the establishments listed above. The exception for these nonconforming properties shall continue as long as the property continues with the same use. (For example: if a property is a commercial use and converts to a single- or two-family residence, then the nonconforming use status is deemed abandoned and the property must comply with this article.)

(b)

The owner may repair and/or replace the amecite area with amecite, provided that the owner identifies a walkway area with painted lines consistent with the sidewalk on the abutting properties to provide for continuous safe passage on the sidewalk.

(c)

No other sidewalk area on the property shall utilize amecite and the property shall otherwise be in compliance with this article.

(d)

The property owner shall specifically delineate the driveway entrance and exit areas to and from the parking lot and be so labeled subject to the approval of the Code Enforcement Officer and shall be in compliance with American Disability Act Guidelines and the applicable Building Codes.

(e)

The property owner shall obtain from the Code Enforcement Officer a nonconforming use certificate indicating the property owner is in compliance with this exception and all of the exception conditions contained in this article.

§ 452-10 Requirements for conditions of sidewalk and curbs.

Unless specifically designated otherwise in a particular ordinance affecting a street, the following widths of sidewalks shall prevail, with the widths of the existing sidewalk or adjoining property of the street:

On the streets and highways of the Borough except as listed in Subsections B and C, the sidewalk shall be four feet in width, provided that the sidewalks are uniform with the existing sidewalks or properly tapered to the adjoining sidewalk.

[Amended 8-20-2001 by Ord. No. 564, approved 8-20-2001]

On the streets and highways of the Borough where the existing sidewalk is five feet in width, said sidewalk shall continue as five feet in width. Said sidewalks are as follows: Wells Avenue from the Sayre-Athens boundary line to the north side of East Pine Street.

[Amended 8-20-2001 by Ord. No. 564, approved 8-20-2001]

On the west side of South Main Street from Chestnut Street to South Elmira Street and on the east side of South Main Street from Public Street to Locust Street, the sidewalk shall be 10 feet in width or shall be from the building line to the curb, whichever is greater or lesser.

Walks of five feet or less shall not be less than four inches thick (preferably on four inches of gravel base), and walks of widths greater than five feet shall not be less than five inches thick, with a four-inch gravel base required.

Upon petition by the applicant to the Joint Code Enforcement Agency or its successor, the Board may waive requirements of § 452-10C concerning width of sidewalks, provided that said waiver does not interfere with public health, safety and welfare. In ruling upon any petition by an applicant for a special exception, the Joint Code Enforcement Agency or its successor shall take into consideration such criteria as:

Use of safety glass in any nonconforming structure.

Size of any additional projects from any nonconforming structure.

Stability and durability of any nonconforming structure.

Extent to which said nonconforming structure interferes with foot traffic and vehicular traffic.

Criteria that would require sidewalk to be replaced shall be as follows:

Any block raised more than one inch from adjoining block or within itself.

Twenty-five percent of surface area of any one block crumbled and deteriorated.

Any block that contains a crack or containing cracks that is more than one inch in width.

Any sidewalk that is of amecite construction.

Criteria that would require curbing to be replaced shall be as follows:

Any curb that has crumbled, cracked or otherwise deteriorated such as to pose hazards such as irregular surfaces and edges that could cause a hazard to the walking public or to automobile tires, then that section of curb should be replaced.

Any curb that has deteriorated in such a manner as to cause pooling of water for periods greater than 24 hours after a period of precipitation, then that section of curbing should be corrected or replaced; provided, however, that the pooling is caused by detective curbing and not caused by a dip or slope in the roadway.

For the sidewalk area where a driveway crosses the areas of a sidewalk, the material of the driveway may be used in such area if the driveway is amecite or blacktop. If the driveway is gravel, the sidewalk area must be replaced with a concrete sidewalk.

§ 452-11 Degree of gap or elevation.

The degree of gap or elevation from one block, section or portion of a sidewalk to another thereof shall be no more than one inch.

§ 452-12 Curb requirements.

All curbing hereafter constructed shall meet the following requirements:

The cement or granite curb shall be six inches wide at the top and eight inches wide at the bottom. The street side shall be battered to make the eight inches. The distance from the top of the curb shall not be less than 18 inches to bottom, measured vertically, or so modified to meet field conditions as approved by Code Enforcement Officer.

Cement curbing shall be set in four-foot sections with not more than 30 feet between full depth expansion required. These full depth expansion joints shall be constructed of flexible, non-wood-based material, acceptable for such purposes.

Sealer shall be applied as soon as possible after forms are pulled. Sealer shall be state approved.

§ 452-13 Notice to owner(s) to construct or reconstruct.

[Amended 3-20-2006 by Ord. No. 602, approved 3-20-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Whenever the Code Enforcement Officer shall observe conditions of sidewalks or curbs to be defective in accordance with the requirement of this article, or when such condition shall be reported to him by a police officer, the Code Enforcement Officer shall cause to be issued a notice to owner(s) of the property whose sidewalk or curb shall be thus reported to be in a defective condition, requiring the owner(s) to construct or reconstruct or repair, as may be required, their and each of their several sidewalks or curbs within six months from the service of such notice upon them, provided that the condition of the sidewalk and/or curb does not interfere with public health, safety and welfare and to apply for a permit within 10 days of said notice and commence repairs.

Emergency repairs.

If the condition of the sidewalk and/or curb poses a safety hazard to the public health, safety and welfare, the Code Enforcement Officer shall cause to be issued a notice to the owner(s) of the property whose sidewalk or curb shall be thus reported to be in a defective condition, requiring the owner(s) to barricade the defective area of the sidewalk within 24 hours from the service of such notice upon them.

The property owner(s) shall be required within 48 hours from the service of such notice upon them to obtain a permit if required for the repair of the sidewalk and to make repairs such that the sidewalk and/or curb no longer poses a safety hazard to the public health, safety and welfare.

The emergency repair shall be completed within 10 business days if the property owner(s) is notified between April 1 and September 30 of the defective condition.

The repair shall be completed as weather permits as determined by the Code Enforcement Officer if the property owner(s) is notified between October 1 and March 31 of the defective condition.

Emergency repairs to sidewalks by the Borough.

In addition to the remedies now vested in Boroughs to make repairs to sidewalks, Athens Borough shall have power to make emergency repairs to any sidewalks thereon, where, in the opinion of the Code Enforcement Officer, a dangerous condition exists that can be repaired by an expenditure of not more than $1,000.

Before any such emergency repairs are made, a notice to make the repairs within 48 hours shall be served upon the owner of the property. If the owner cannot be served within the county, notice may be served upon the agent of the owner or the party in possession, or, if there is no agent or party in possession, the notice may be served by posting the same upon such premises.

If said property owner(s) after said 48 hours’ notice shall fail to repair said sidewalk, the Code Enforcement Officer shall have said sidewalk repaired and a municipal lien for the cost of the repair, 10% for the administration charge and cost of the lien, together with interest, shall be filed against said property in the Bradford County Courthouse by the Borough Solicitor. The charge also may be collected by action of assumpsit.