This article shall be known and may be cited as the "Sidewalk and Curb Ordinance of the Borough of Spring City."
[Adopted 7-5-1988 by Ord. No. 353]
[Amended 11-4-1996 by Ord. No. 423; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Minimum widths.
(1)
All sidewalks shall have a minimum width as follows:
(2)
Provided that Borough Council may, by ordinance, establish different minimum widths on any street or part thereof; and provided that Borough Council may, by resolution, provide for lesser widths for individual properties where the physical facts of individual cases make such action necessary or desirable.
B.
In residential areas, the edge of the sidewalks furthest from the street shall be six feet, one inch from the curb, or as the Borough Council may by resolution, otherwise provide. Between each curb and sidewalk of all residential properties, a grass plot, a minimum of 18 inches wide, extending from the side property line to the other side property line, exclusive of driveway area, shall be installed, provided for and maintained by the property owner.
C.
Exceptions to the requirements of t Article V may only be permitted in cases where existing physical limitations of a property will not permit the conformance to these requirements. Any and all requests for exception(s) to these requirements must be submitted to the Code Enforcement Officer in writing and approved by the Borough Council. Any and all request(s) for exception(s) must explain in detail what criteria cannot be met.
D.
Every owner of property in the Borough of Spring City who shall hereafter commence construction of any residential, commercial or industrial structure upon said property or upon a property where a residential, commercial or industrial structure exists, shall construct or reconstruct a sidewalk and curb on said property, which shall conform to all applicable requirements of this and other applicable ordinances, in front of or along side of such property. Borough Council may, upon due cause shown, grant a property owner an exception from the provisions hereof for a specific period of time.
A.
Sidewalks for the use of pedestrians shall be built, maintained and kept in repair as provided in this article and any other applicable ordinances of the Borough and by state law. Curbs, gutters and drains may be required in conjunction with existing or hereafter constructed sidewalks, as Borough Council may from time to time require, and at all intersections of streets and/or public alleys the curb shall be rounded at the intersection, having a minimum radius of three feet except where the Council shall specifically require a curb of different radius.
B.
Existing brick sidewalks which require the replacement of more than 20% of the total area shall be entirely replaced by a concrete pavement or sidewalk. In the case of concrete sidewalks, in the event any concrete block thereof requires replacement of more than 25% of the total area of said concrete block, then said concrete block in need of repair shall be replaced in its entirety; provided, however, where a portion of such concrete block is removed for installation or repairs to utilities, then said block shall be replaced in its entirety.
C.
Curb and sidewalk shall be constructed along the front of each lot within the Borough on which a new building or structure, other than a private garage is constructed, where said lot adjoins a public street, road or highway. In the case of a corner lot, curbing and sidewalk shall be constructed along both the front of the lot and the side of the lot adjacent to the public street, road or highway. In the case of industrial or commercial development, the Council of the Borough of Spring City may, by resolution, waive any or all of the requirements in this subsection if, in its opinion, said development is located in an area of the Borough where curb and/or sidewalk is neither desirable or necessary. Such curb and sidewalk shall be constructed within 60 days after such a new building or structure is completed and/or ready for occupancy.
Commercial driveways, such as those at gasoline service stations, shall be a maximum width at the sidewalk of 35 feet, and in cases where there are multiple driveways, an eighteen-foot safety island must be maintained between driveways. In residential areas, the width of the driveway at the street line shall not exceed 12 feet. No driveway shall exceed the widths stated above except upon approval by resolution of Borough Council.
[Amended 6-7-1993 by Ord. No. 390]
The construction of any sidewalks, curbs, gutters and/or drains following any other specifications or using any other materials than those specified herein or as shown on Plan No. 88-47-A-1, prepared by Motley Engineering Co., consulting engineers, is hereby forbidden.
A.
Concrete walks. All new sidewalks shall be one-course concrete construction. All sidewalks and curbs shall be constructed in accordance with grades and lines as established by the Borough Council other than that established in an approved subdivision. Said grades and lines will be established in the field one time, by the Borough Engineer, at no expense to the owner. Any replacement of field grades will be established at the cost of labor and materials to be paid by the owner.
B.
Expansion joints. Expansion joints shall be 3/8 inch thick preformed, nonextruding and resilient bituminous joint filler, and shall be placed every 20 feet to the full depth of curb and sidewalk and where the sidewalk meets the outside face of a wall and/or curbing. Sidewalks shall be scored every four feet and curbs shall be scored at ten-foot intervals.
C.
Subgrade. All sidewalks, curbs and driveway entrances shall have a three-inch to four-inch base of Pennsylvania Department of Transportation No. 2B stone to be used as base material pursuant to said plan.
D.
Rainwater conductors.
(1)
All underground rain conductors shall be of pipe material such as cast iron, wrought iron, asbestos cement, clay, or approved plastics, constructed under the sidewalk and through the curb to the gutter. No open gutters for conducting rain water or drainage of any kind will be permitted to run over top of the sidewalk or curbs.
(2)
All subsurface rainwater conductors shall be placed in such a manner that the top of pipe will not be less than three inches from top of curb with expansion joints placed vertically to the center line of pipe.
E.
Thickness and depth of sidewalk, driveways and curbs.
(1)
The curbs shall have a depth of not less than 22 inches and shall be eight inches thick at the base and seven inches thick at the top. Curbs shall be constructed with a seven-inch reveal with a batter on the street side. Sidewalks shall be not less than four inches in thickness and shall rest on a compact bed or broken stone of a depth of three inches to four inches and shall have a three-eighths-inch pitch per linear foot from the inner edge of the sidewalk to the outer edge of the curb.
(2)
All driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of four feet eight inches shall have the outside edge raised 1 3/4 inches above the flow-line of the gutter; shall have a straight slope therefrom to the prescribed outside edge of sidewalk, and shall have a sidewalk surface of the same grade and width prescribed for sidewalks and all driveway entrances, slope and sidewalk surfaces shall be eight inches in thickness. In lieu of driveway entrance having curb radii as part of its construction, a depressed curb driveway entrance may be used.
F.
Removal of existing blacktop. Removal of existing blacktop necessitated by curb removal and replacement shall be done with hand-operated pneumatic tools, hydraulically operated equipment or by a power saw to furnish a clean, straight cut in the pavement 12 inches from and parallel to the curbline. It shall be the responsibility of the contractor to remove all excavated material.
G.
Backfilling of cartway area. All areas of excavation within the cartway area shall be backfilled by PennDOT 2B stone to the grade of the existing roadway by the contractor. The blacktop shall be furnished and installed by the Borough of Spring City. The Borough Code Enforcement Office shall be notified by the contractor within 24 hours upon completion of backfill in the cartway area.
H.
Concrete specifications and finishing.
(1)
All sidewalks, curbs and driveway entrances shall be constructed of air-entrained structural concrete having an ultimate strength of 3,000 pounds per square inch at 28 days and containing 6% air by volume. The sources of concrete materials and the mix design shall be subject to the approval of the Borough Engineer.
(2)
The top surfaces of all sidewalks, curbs and driveway entrances shall receive a wood floated finish, and the finish tolerance shall be a true plane within 1/4 inch in 10 feet. The exposed vertical surfaces of curbs and driveway entrances shall be repaired of all honeycombed and defective areas, and shall receive a smooth rubbed finish. This finish shall be produced by wetting the surfaces and rubbing with a carborundum brick, or other abrasive, until a uniform color and texture are produced. The finishing shall be completed before the concrete is 36 hours old.
(3)
Immediately after finishing, all concrete shall be cured by using either an approved, impervious, light-colored plastic covering placed and maintained in contact with the concrete surface, or an approved, impervious light-colored liquid curing compound sprayed on the concrete surface. The curing shall be continued for at least five days.
(4)
The Building Inspector may reject any new construction of concrete sidewalks, curbs and driveway entrances which do not conform to the requirements of this article or the generally accepted standards of the American Concrete Institute.
(5)
Mortar shall be used only in case of patching honeycombed concrete and then shall be one part cement and two parts of sand or its equal.
(6)
All individual home services for public utilities (excluding gas services) shall be raised and/or lowered to proper curb elevation by the person, firm or corporation installing concrete curb, driveways and sidewalks.
(7)
All traffic signs and lamp posts removed during construction of concrete curb, sidewalk and/or driveways shall be replaced by the person, firm or corporation performing installation.
(8)
Expansion material shall be placed around existing and/or proposed utility poles.
(9)
The capping of defective curbs is prohibited.
I.
Safety and warning measures required. The contractor must furnish and shall be responsible for placing the proper barriers and warning signs during construction.
A.
It shall be the duty of the owner of the land abutting upon any curbs, and/or sidewalks to keep them in such repair and condition that they do not become dangerous to the welfare and safety of the travelling public. The Borough Council of the Borough of Spring City is hereby empowered to notify property owners when sidewalks and curbs are in need of repair or renewal and the repair or renewal thereof shall be made by the property owner within 30 days after said written notice is given to said property owner. Nothing herein contained shall be construed to place the responsibility of determining when sidewalks may become dangerous to the welfare and safety of the travelling public upon the Borough. At all times such responsibility shall be solely upon the property owner whose land abuts the curb or sidewalk.
B.
The following criteria shall be used by the Code Enforcement Officer and/or the Borough Engineer in evaluating the need for repair or replacement of existing curbs and sidewalks:
(1)
Unevenness in horizontal and vertical alignment which creates tripping hazards, ponding of surface water and icing conditions during the winter months;
(2)
Large cracks, jagged edges, open joints, broken sections, hazardous finishes and improper slopes on sidewalks;
(3)
Rainwater conductors installed improperly and/or lack of them allowing water from down spouts to flow across sidewalks rather than being discharged into the gutter; and/or
(4)
Curb face projections which may cause damage to vehicle tire sidewalls while parking.
C.
Upon neglect of any property owner to comply with any of the requirements of this article, the Borough may, 10 days after notice to the property owner, 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 therefore or collect the same by action in assumpsit.
D.
Any such notices shall be served upon a property owner hereunder shall be served upon the owner of the premises 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. If the owner has no agent or tenant or there is no occupier of such premises, then service shall be by notice posted upon the premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to the remedies now vested in this Borough to make repairs to sidewalks pursuant to the Borough Code and other applicable statutes and ordinances, the Borough of Spring City shall have the power to make emergency repairs to any sidewalks located within the Borough of Spring City, where, in the opinion of the Building Inspector, a dangerous condition exists that can be repaired by an expenditure of not more than $1,000. Before any such repairs are made, a notice to make the repairs within 48 hours shall be served upon the owner of said 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. Upon completion of such work, the cost thereof shall be a charge against the owners of the property, and shall be a lien, until paid, upon the abutting property, provided a claim is filed therefor in accordance with the law providing for the filing and collection of municipal claims. Any such charge may also be collected by action of assumpsit. The certificate of the Building Inspector in charge of repairs to sidewalks shall be conclusive evidence of the existence of the emergency justifying the repair under the terms of this section.
A.
No person or persons, firm or corporation shall construct or repair any sidewalk, curb or gutters, without first applying for and obtaining from the Building Inspector of the Borough of Spring City a permit for the same. The application for such permit shall set forth:
(1)
The full name and address of the owners of the land affected;
(2)
The name and address of the contractor, or the person to perform the work;
(3)
The precise location of the property upon which the work is to be done;
(4)
The length of the proposed project; and
(5)
Such other pertinent information as may be considered necessary.
B.
No permit will be required for new curbing, gutters, or sidewalk to be constructed in an approved subdivision which is to be installed by the developer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The cost of obtaining a permit to repair existing curbs, gutters and sidewalks and the cost of obtaining a survey permit to stakeout line and grade of new curbs, gutters and sidewalks, other than that established in an approved subdivision plan required to be surveyed by the developer, shall be in amounts as set from time to time by resolution of the Borough Council.
Any person, firm or corporation applying for any permit under this article shall indemnify and hold harmless the Borough of Spring City against all liability of whatever nature arising during the performance of work or as a result of work for which a permit is granted, whether or not said liability arises as a result of the negligence or acts of the person, firm or corporation to whom the permit was issued or resulted from the negligence or acts of any other party including the Borough of Spring City, its agents, servants, workmen or employees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
It shall be unlawful for any person, association, partnership or corporation to violate any provision of this article, and any such person, association, partnership, or corporation so violating any provision hereof shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
B.
The Borough Council may revoke any permit issued to any person, firm or corporation violating any of the provisions of this article.
C.
The imposition of penalties herein prescribed shall not preclude the Borough from instituting an appropriate action of proceeding to prevent the performance of work or acts declared to be unlawful under the provisions of this article, or to restrain correct, or abate a violation, or seek relief by a Complaint in Equity or any other appropriate remedy.
If any provision of this article is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or provisions, and this article shall be construed and enforced as if such provisions had not been included.
This article repeals Ordinance No. 158.
This article shall become effective five days after its enactment.