ATTACHMENTS
Attachment 1 - Concrete Sidewalk Detail
[Ord. 2041, passed 8-7-1989]
(a) 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the following meanings:
APPLICANT
Any person making written application to the Penn Hills Department of Code Enforcement for a permit to construct, replace or repair any sidewalk within the Municipality.
CARTWAY
That portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
COUNCIL
The Municipal Council for the Municipality of Penn Hills.
MUNICIPALITY
The Municipality of Penn Hills.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
SIDEWALK
That portion of a street between the curb lines, or the lateral lines of a cartway, and the adjacent property lines, intended for use by pedestrians.
STREET
The entire width between the boundary lines of a way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(b) 
In addition to the definitions provided herein, and when not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
[Ord. 2349, passed 12-6-2000]
(a) 
Sidewalks shall be constructed, repaired, replaced and/or maintained pursuant to the Subdivision and Land Development Regulations (Title Four of Part Twelve of these Codified Ordinances), the Zoning Code (Title Six of Part Twelve of these Codified Ordinances), and as authorized by Council.
(b) 
Any person who is required to construct, repair or replace any sidewalk within the Municipality shall do so pursuant to the requirements of this chapter and all applicable ordinances of the Municipality, including, but not limited to, the Subdivision and Land Development Regulations (Title Four of Part Twelve of these Codified Ordinances) and the Zoning Code (Title Six of Part Twelve of these Codified Ordinances).
[Ord. 2041, passed 8-7-1989]
(a) 
All newly constructed, repaired or replaced sidewalk pavements laid alongside any public highway within the Municipality after the effective date of this chapter shall be required to be in compliance with the standards and regulations of this chapter, the requirements of Allegheny County for those public highways under the jurisdiction of Allegheny County and the Pennsylvania Department of Transportation for those public highways under the jurisdiction of the Commonwealth of Pennsylvania.
(b) 
The standards for construction, repair or replacement of any sidewalk within the Municipality are as follows and shall include the diagrams marked Addendum A and Addendum A-1 following the text of this chapter:
(1) 
Minimum Width; Materials; Thickness. All sidewalks abutting a local street shall be not less than four feet, eight inches wide, including the curb. All sidewalks abutting an arterial or collector street shall not be less than five feet, eight inches wide, including the curb. All sidewalks shall be constructed of concrete and have a thickness, exclusive of the foundation, of at least four inches.
(2) 
Sub-Base; Materials. All sidewalk pavements shall be properly supported by a sub-base or foundation as required by Pennsylvania Department of Transportation (PennDOT) specifications, including Type 2-B slag base or an equivalent limestone or river gravel, for a depth of at least four inches.
(3) 
Joints. All sidewalks shall have construction joints located every five feet and expansion joints located every 10 feet (one-half inch felt expansion joint).
(4) 
Required Grade and Declination; Surface Drainage. All sidewalk pavement shall have a declination of 1/4 inch per linear foot from the property line to the curb line to allow proper surface drainage.
(5) 
Slope of Ground. The slope of the ground behind a sidewalk shall have a declination of 1 1/2 inches per linear foot, whether cut or fill. The slope shall receive sufficient topsoil and be seeded to allow for the sufficient growth of grass immediately after construction of the sidewalk.
(6) 
Curbs. A concrete curb shall be constructed every time a sidewalk is constructed, repaired or replaced alongside a street. No person shall allow an asphalt curb to remain after a sidewalk is constructed, repaired or replaced. Where a minimum width of two feet of grass is provided between the sidewalk and the street, a concrete curb will not be required, provided that there is an asphalt curb present along the street and that the curb is in a good and safe condition. The owner of the adjacent property where the curb is to be constructed, or the contractor thereof, has the option of constructing a monolithic curb or standard curb, pursuant to Subsection (b)(6)A and B hereof.
A. 
Monolithic Curbs. All monolithic curbs must be eight inches in width between the sidewalk and street, 18 inches in depth from top to bottom and eight inches between the street pavement and the surface or top level of the sidewalk. All monolithic curbs shall have a double joint or saw cut between the curb and sidewalk.
B. 
Standard Curbs. All standard curbs must be eight inches wide between the sidewalk and street, 18 inches in depth from top to bottom, and eight inches between the street pavement and the surface or top level of the sidewalk. All standard curbs shall have an under drain of 1-B slag base eight inches wide and 12 inches in depth. Expansion and intermediate joints shall be constructed in accordance with PennDOT specifications (Plain Cement Concrete Curb).
(7) 
Saw Cutting. Where a new sidewalk and curb are to be constructed, the existing asphalt curb shall be removed and the road pavement must be saw cut to obtain a uniform alignment between the street and sidewalk curb.
(8) 
Sealing. Bituminous sealing shall be furnished along the joint formed by the concrete sidewalk and the street and/or the berm area.
(9) 
Curing. Procedures for concrete curing of sidewalks and curbs shall be as follows:
A. 
An approved membrane-type shall be applied;
B. 
The surface shall be covered thoroughly; and
C. 
All persons and equipment shall be kept off the surface for three consecutive days after the concrete is poured. New sidewalks must also be treated with an anti-spalling compound to prevent chipping, spalling and salt damage.
(10) 
Handicap Ramps. Handicap ramps shall be constructed at all curb cuts and street corners. The slope of the handicap ramps shall have a declination of one inch per linear foot. The ramp shall be scored to provide for a non-skid surface.
(11) 
Utilities. All utilities, including manholes, fire hydrants and valve boxes, shall be level with the surface of the sidewalk.
(12) 
Signs. When it is necessary to remove a street sign because of construction, maintenance, repair or replacement of a sidewalk, such street sign shall be replaced in the same location before the construction took place.
(13) 
Poles, Light Standards and Hydrants. If the existing poles, light standards and hydrants are located within a new sidewalk area, they shall be boxed around and remain in place. Extra width shall be added to the sidewalk on both sides of the pole, light standard or hydrant so that there is a maximum unobstructed pavement area of 30 inches for sole passage of handicapped individuals using wheelchairs. Hydrants must be adjusted according to the requirements of the Director-Fire Marshall and at the abutting landowner's expense.
(14) 
Mailboxes. All mailboxes must be constructed so that neither part of the box nor the supporting structure of the mailbox suspends over or interferes with the free passage of pedestrians on the sidewalk. Where mail is delivered in vehicles, mailboxes may be placed in the grass strip or at the edge of the sidewalk. Mailboxes shall not extend out beyond the curb nor shall they take up more than 1/4 of the sidewalk width. Consultation with a local mail carrier to determine a preferred location may be required.
(15) 
Inspection. At any time during the performance of the required work, the Municipal Engineer or a designated official of the Municipality may inspect the work to determine whether the construction work is being performed according to the requirements of this chapter and other applicable ordinances of the Municipality.
(16) 
Conformity to Line and Grade. All sidewalks, curbs and gutters shall be constructed, paved, repaved or repaired upon the line and grade obtained from the Municipal Engineer.
(17) 
Support Under Sidewalks and Curbs. Where sidewalks or curbs are to be constructed, paved, repaved or repaired over coal cellars or other excavations, such sidewalks shall be supported by iron or steel beams, girders, or stone or concrete arches. Any support of wood or perishable material shall be prohibited.
[Ord. 2041, passed 8-7-1989]
No person shall construct, repair or replace a sidewalk within the Municipality until that person applies for and receives a permit from the Department of Code Enforcement. If the sidewalk where the proposed work is to be performed is located within Allegheny County-owned rights-of-way or Commonwealth of Pennsylvania owned rights-of-way, then the applicant shall apply for and receive a permit from Allegheny County or the Pennsylvania Department of Transportation, whichever the case may be, before the work shall begin.
[Ord. 2041, passed 8-7-1989]
(a) 
When, owing to special conditions, a literal enforcement of the provisions of this chapter or any other applicable ordinance of the Municipality will result in unreasonable hardship, Council may make such reasonable waiver thereof which is not contrary to the public interest and safety.
(b) 
A completed application form and required fee shall be submitted by the applicant at the time a permit is applied for pursuant to § 1028.04 or within 15 days of receiving written notice from the Municipality pursuant to §§ 1028.07 and 1028.08.
(c) 
Whenever a waiver is requested by the applicant, Council may refer the matter to the Municipal Engineer for his or her review. The Engineer shall study the request, make findings and submit such findings to Council.
[Ord. 2041, passed 8-7-1989]
At the time of making application for a permit, all applicants shall submit plans showing property boundaries, right-of-way lines, existing roadways or cartways, existing road ditches, existing curbs and curb cuts, the location of underground utilities, storm sewer inlets, manholes, utility poles, street lights and water and gas valves, the proposed location of sidewalks, the sidewalk width, thickness of construction and depth, the types of materials proposed to be used and the degrees of grade and slope for the sidewalks and the adjacent ground areas.
[Ord. 2041, passed 8-7-1989]
All owners of property shall keep in good order and repair the sidewalk pavements in front of their properties. Whenever, in the judgment of a member of the Department of Code Enforcement, after visual inspection, any sidewalk pavement alongside any public street within the Municipality is laid in violation of any of the requirements of this chapter, or is in such condition as to require repair or replacement, the owner, or his or her agent, shall be given 30 days' written notice to re-lay the same, to make the needed repair or to replace the same with a new sidewalk pavement, as the case may be, in accordance with the requirements of this chapter. In the event that such owner or his or her agent fails, neglects or refuses to re-lay, to repair or to replace the same in accordance with the requirements of this chapter, as the case may be, within 30 days after the service of such notice, the same shall be done by the Municipality, and the cost of so doing, together with a penalty of 10% thereof to cover the expense of collection, shall be collected by the Municipality from such owner, by the filing of a Municipal lien for the same against the lot in front of which the sidewalk pavement is laid, or the same may be collected in any other manner authorized by law.
[Ord. 2041, passed 8-7-1989]
Whenever the Municipality requires that sidewalks be graded and paved alongside of any public street within the Municipality by the owner of the lots respectively fronting thereon, or his or her agent, 60 days' written notice to grade and pave such sidewalks shall be given to such owner or his or her agent. Upon the failure of such owner or his or her agent, to grade and pave such sidewalks within such sixty-day period, the Municipality shall cause such sidewalks to be graded and paved, and the Municipality shall collect from such owner, or his or her agent, the cost, together with a penalty of 10% to cover the expense of collection, by the filing of a Municipal lien for the same against the lot in front of which the sidewalk pavement is laid, or the same may be collected in any other manner authorized by law. The Municipality may require an existing sidewalk to comply with the construction standards as provided in § 1028.03 if any work is related to sidewalk construction on adjacent property as part of a capital project or private development.
[Ord. 2041, passed 8-7-1989]
When, in the opinion of an official of the Department of Code Enforcement, a dangerous condition exists that can be repaired by an expenditure of $100, the Municipality shall send such property owner, or his or her agent, written notice by registered or certified mail, stating that emergency repairs are required. Upon failure of such owner to comply with the notice within 48 hours after receiving such written notice, the Municipality may make emergency repairs and levy costs for its work on such owner, or his or her agent, as a property lien to be collected in the manner provided by law.
[Ord. 2041, passed 8-7-1989]
Any property owner not required by notice to construct, pave, re-pave or keep in repair sidewalks, curbs or gutters, may construct, pave, repave or repair the sidewalk, curb and gutter abutting his or her property, provided that such owner shall make application to the Department of Code Enforcement before commencing work, shall apply for and receive a permit for such work, shall conform to the provisions of this chapter and other applicable ordinances of the Municipality for said construction and repair work, and shall notify the Department of Code Enforcement within two days after completion of his or her work.
[Ord. 2041, passed 8-7-1989]
It shall be unlawful for any person to obstruct or cause to be obstructed a public sidewalk by placing thereon any boxes, barrels, merchandise or any other article or debris, or by allowing the overgrowth of vegetation on such sidewalk, except that barricades temporarily placed on such sidewalk for the purpose of protecting pedestrians from holes, uneven joints, broken pavement or other safety hazards that require repair work, or for the purpose of loading, unloading or storing away any article, shall be permitted. If a sidewalk is barricaded, work shall be performed in compliance with this chapter.
[Ord. 2041, passed 8-7-1989]
It shall be unlawful for any person to drive or cause to be driven any vehicle on, over or across any curb or sidewalk without first obtaining permission to do so from the abutting property owner and without first placing a proper platform, covering or other device over such curb or sidewalk for the protection of such curb or sidewalk. Any depression, break or damage caused to any curb or sidewalk by any vehicle, or by any other agency, shall be reported to the Department of Code Enforcement within 24 hours after the damage has occurred, and emergency repairs must be made by the property owner or tenant, or his or her agent, within 48 hours after notice to such owner or tenant, or his or her agent, sent by registered or certified mail from the Municipality after receiving such report of damage.
[Ord. 2041, passed 8-7-1989]
(a) 
Precautions Used During Sidewalk Construction. When any person shall erect, construct, alter, repair, roof, unroof or remove any building, or perform any other work on any building fronting on any street in the Municipality, whereby a risk may be incurred by persons passing the same, it shall be the duty of the owner, lessee, contractor or person or persons performing any work on such building to erect a good and substantial covering over the pavement, sidewalk or footway in front of such building, of such elevation as will provide for the safety of pedestrians who use the sidewalk without interfering with the free use of such pavement, sidewalk or footway.
(b) 
Temporary Bridges. Whenever, in excavating for walls, cellars, foundations or vaults, or the making of other improvements, on streets and within the limits mentioned in Subsection (a) hereof, it becomes necessary to excavate the pavement, sidewalk or footway, the owner, lessee, contractor or other person in charge of the work shall, before commencing any such excavation, cause to be erected a good and substantial bridge not less than four feet in width nor more than four feet in height, with steps at each end, a banister on the side next to the street, and a tight board fence or wall on the side next to the cellar or excavation, at least seven feet high, so as to facilitate the free use of such sidewalk or bridge by pedestrians. Such owner, lessee, contractor or builder shall also keep such sidewalk or bridge sufficiently lighted at night.
[Ord. 2041, passed 8-7-1989]
(a) 
Responsibility for Removal From Sidewalks.
(1) 
Every person in charge or in control of any building or lot of land fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear away or cause to be removed and cleared away, snow and/or ice from a path of at least 30 inches in width from so much of said sidewalk as is in front of or abuts on said building or lot of land.
(2) 
Except as provided in Subsection (a)(3) hereof, snow and ice shall be removed from sidewalks within six hours after the cessation of any fall of snow, sleet or freezing rain.
(3) 
In the event that snow and/or ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in Subsection (a)(2) hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe, and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 30 inches in width.
(b) 
Responsibility for Removal From Roofs Near Sidewalks or Streets. Every person in charge or in control of any building or other structure, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear away, or cause to be removed and cleared away, any accumulation of snow and ice on said building or other structure which is liable to fall on any sidewalk, street or other public way. Such work shall be completed within a reasonable time, but not later than six hours after the cessation of any fall of snow, sleet or freezing rain.
(c) 
Depositing of Snow and Ice Restricted. No person shall deposit or cause to be deposited any snow or ice on or immediately next to a fire hydrant or on any sidewalk, street or loading and unloading areas of a public transportation system, except that snow and ice may be mounded by the Municipality on that portion of a street or cartway, exclusive of the berm or shoulder, incident to the cleaning thereof, or mounded on curbs incident to the clearing of sidewalks in business districts.
[Ord. 2041, passed 8-7-1989]
The Manager or his or her designated agent, shall institute the prosecution of all persons violating any of the provisions of this chapter to the end that the terms of this chapter are strictly enforced.
[Ord. 2041, passed 8-7-1989]
Nothing in § 1028.03 shall be construed to affect any existing sidewalk within the Municipality or any lawsuit or proceeding pending in any court or within the Municipality of Penn Hills, or any rights acquired, or liability incurred, or any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this chapter, provided, however, that this savings clause shall not include any newly constructed, repaired or replaced sidewalk pavements within the Municipality after the effective date of this chapter.
[Ord. 2041, passed 8-7-1989]
Whoever violates any provision of this chapter shall be fined not less than $50 nor more than $300 and/or imprisoned not more than 30 days. Each day that a violation occurs or continues shall constitute a separate offense.