[Adopted 7-14-2016 by Ord. No. 387[1]]
[1]
Editor’s Note: This ordinance also repealed former Article
II, Sidewalk and Curb Standards, adopted 3-8-1984 by Ord. No. 204.
A.
The Borough Council shall be authorized to designate the necessity
of sidewalks or curbing within various portions of the Borough of
Schwenksville subject to the exercise of their legislative discretion.
It shall be the Borough's discretion to determine where and for
what distances the sidewalks or curbing required hereby shall be installed.
B.
The owner or owners of real estate fronting on the streets of the
Borough, who shall be directed to construct by order of Borough Council,
or who shall desire to construct concrete curbs and sidewalks along
their respective properties, shall do so according to the provisions
of this article.
A.
The owner or owners of real estate fronting on the streets of the
Borough, who shall be directed to repair, or who shall desire to repair
concrete curbs and/or sidewalks along their respective properties,
shall do so according to the provisions of this article.
B.
Notice to construct, repair or reconstruct sidewalk, apron or curb.
Whenever the owner of any lot or land abutting upon any of the open
public streets of the Borough shall permit or allow the sidewalk,
apron or curb in front of such lot or land to become in bad order
and disrepair, then and in that case the owner of such lot or land,
upon written notice so to do from the Borough or as a result of a
resale inspection, shall repair, replace, reset and put in good order
such sidewalk, apron or curb. Any replacement shall be in accordance
with the procedures and specifications set forth in this article.
(1)
Resale use and occupancy permit. Pursuant to Chapter 121, Property Maintenance, § 121-H of the Schwenksville Borough Codified Code, as amended, the Building Code Official is authorized to inspect the condition of sidewalks during required inspections. No occupancy permit shall be issued until all repairs noted by the Building Code Official are completed to the Borough's satisfaction. Sidewalks shall be inspected by the Building Code Official and when in his/her opinion repairs are warranted, defects including but not limited to the following shall be repaired:
(a)
Abrupt vertical change in elevation of 1/2 inch or more.
(b)
Horizontal gap of 3/4 inch or more.
(c)
Holes, depressions, cracked blocks, or spalling greater than
one-inch square.
(d)
Tree root problems/heaved blocks of concrete that create a tripping
hazard.
(e)
Any other safety issue, which in the Inspector's discretion,
creates a hazard.
(2)
Notice given by Borough. Following inspection by the Borough Engineer or Building Code Official, where defective pavements, including, but not limited to, those listed in Subsection B(1), above, have been identified and documented; and following legislative action by Borough Council, the Borough, in case of nonconformance, shall give a written notice in the form of a registered letter addressed to said owner or owners of such property owner, or by publication once a week for two consecutive weeks in a newspaper of general circulation in the Borough in the event such owner or owner's whereabouts cannot be ascertained, to have such work of construction or repair done in conformity with this article within 30 days from the date of such notice or within 30 days of the second publication.
A.
From and after the enactment of this article, it shall be the responsibility
of the property owner to construct and maintain the sidewalks and
curbing abutting their premises in a good and safe condition, free
of snow and ice, or any other obstruction or hazard and to permit
the free passage of pedestrian traffic along the sidewalks aforesaid.
B.
The grading, paving, repaving, or repairing of all sidewalks and
sidewalk aprons on streets, highways and alleys of the Borough of
Schwenksville and construction or repairing of curbs at the edge of
the sidewalk shall be done by owner or owners of the lot or lots fronting
thereon at said owner's expense in accordance with Borough design
specifications.
C.
Any trees, hedges, poles, pipes or retaining walls now or hereinafter
placed or maintained in or extending over the sidewalk areas shall
be so placed or maintained as to prevent injury to person or property
and shall be removed, changed or trimmed whenever Borough Council
or its staff determines that it is in the best interest of the Borough
to have the same removed for public improvements and/or the safety
of pedestrian or vehicular traffic therein.
A.
No sidewalks shall be constructed, repaired, or altered in the Borough
until a sidewalk/curb/apron permit is issued.
B.
All applications for installation, replacement or repair of sidewalk,
apron, or curbing shall be made in writing on application forms supplied
by the Borough by the owner or authorized agent of the owner (contractor)
and shall be filed with the Borough Secretary. Such application shall
contain an agreement that the work shall be done in full compliance
with the ordinances of the Borough and shall well and truly save,
defend and keep harmless the Borough from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening or excavation, and all damages
to person or property resulting in any manner therefrom, or occurring
in the prosecution of the work connected therewith, or from any other
matter, cause or thing relating thereto. The application shall include
the following:
(1)
A fully completed and signed permit application certifying that Borough
specifications will be satisfied;
(2)
Application fee and escrow in accordance with the latest Borough
Fee Schedule as adopted by resolution, from time to time of Borough
Council to cover the cost of plan review, inspections and other incidental
services in connection therewith;
(3)
A scaled drawing indicating all utility and stormwater conflicts
and the number and location of sidewalk blocks, driveway aprons and/or
curbing to be constructed or repaired; and
(4)
If repair other than replacement, specifications for proposed method
of repair as well as location and quantity of blocks to be repaired.
C.
PA-1 call notification is required before digging.
D.
No permit work shall commence until twenty-four-hour notification
has been provided to Schwenksville Borough; pre-pour inspections shall
be scheduled no later than Thursday for a Friday inspection in advance
of weekend work.
E.
Pre-pour inspections of forms are required and twenty-four-hour cure
certification of approval (inspection) is required. Owner and/or applicant
are responsible to call the Borough 24 hours in advance and request
an inspection.
Any construction, repair or reconstruction authorized by a Permit
shall be undertaken within 30 days of issuance of the permit. If not,
the permit shall be considered null and void. However, renewals will
be considered upon written request and with sufficient cause.
A.
Sidewalks, aprons, curbing shall be built within 30 days' notice
to the property owner of the determination by Council for the same
to be constructed.
B.
Existing sidewalks shall be repaired within 30 days of notification
to the property owner of the conditions necessitating repairs to the
sidewalk.
A.
Whenever any property owner shall fail to construct a sidewalk, curb, or apron as required by §§ 143-8 and 143-9 of this article, the Borough may cause the same to be done, under the direction of the Borough Manager, in which case the Borough shall collect the cost thereof plus 20%, together with all charges and expenses from such defaulting property owner, by the filing of a municipal claim or by action in assumpsit.
B.
Whenever any property owner shall fail to repair a sidewalk, curb, or apron as required by §§ 143-8 and 143-9 of this article, the Borough, under direction of the Borough Manager, may proceed to repair, reset or replace such sidewalk, apron or curb, or cause the same to be done, in which case the Borough shall collect the cost thereof plus 20% together with all charges and expenses from such defaulting property owner, by the filing of a municipal claim or by action in assumpsit.
A.
All sidewalks, aprons and curbs and all replacement sidewalks, driveway
aprons and curbs shall be constructed or reconstructed in conformance
with the Schwenksville Borough design specifications and streetscaping
plans in effect, as adopted and revised by resolution of Schwenksville
Borough Council.
B.
Sidewalks new construction and replacement blocks.
(1)
Sidewalks shall be constructed in accordance with Section 704 of
PennDot Publication 408, to the extent possible.
(2)
Class AAA concrete for paving of sidewalks shall be used. Twenty-eight-day
psi shall be 4,000.
(3)
Plant-mixed cement concrete, truck-mixed cement concrete or volummetric
mixed-cement concrete shall be used.
(4)
Onsite "bag" concrete shall be prohibited for new construction or
replacement of blocks.
(5)
The sidewalks shall be constructed to conform to the lines and grades
as approved by the Borough Engineer and shall have a minimum width
of four feet.
(6)
Sidewalks shall be dug down eight inches below finish grade. A four-inch
layer of 2A modified stone or equal, as determined by the Borough
Inspector, shall be put in place and well tamped. For replacement
sidewalks, existing base material shall be removed and replaced with
2A modified stone or equal, as determined by the Borough Inspector.
(7)
Heavy volume sidewalks may require the use of reinforced concrete,
to be determined by the Borough Engineer.
(8)
On this foundation shall be constructed a four-inch course of concrete
pavement and shall have a slope to the curb of 1/4 inch to the foot
and shall be float-finished and have a final broom finish.
(9)
Joints shall be made every four feet by cutting one inch deep, every
fourth joint shall be a one-half-inch expansion joint. All joints
shall be at right angles to the lines of the sidewalk.
(10)
The sidewalks should be constructed or replaced so that they
abut the curb. Along Main Street, sidewalks may be installed abutting
a two-foot wide curb and decorative area at the option of the Borough
in accordance with streetscaping plans in effect.
(11)
Constructed in conformance with Gilmore & Associates, Inc.,
Construction Detail dated 5-18-2016, and incorporated herein as Exhibit
A. Where conflicts arise, the final decision is to be made in the
field by the Borough Engineer or Building Inspector.
(12)
When called for by the Borough, ornamental pavers shall be installed
in accordance with the Schwenksville Borough design specifications
and streetscaping plans in effect, as adopted and revised by resolution
of Schwenksville Borough Council.
C.
Driveway apron new construction and replacement.
(1)
Driveway aprons shall be constructed in accordance with Gilmore &
Associates, Inc., Construction Detail dated 5-18-2016, and incorporated
herein as Exhibit A;
(2)
Six inches of reinforced concrete shall be used. Ten-gauge wire,
minimum space of six inches by six inches through entire apron. The
wire shall be installed so that it is not closer than 1/2 inch from
the top or bottom surfaces of the driveway.
D.
Curb new construction and replacement.
(1)
Curbs shall be constructed in accordance with Section 704 of PennDot
Publication 408, to the extent not modified below and in accordance
with Gilmore & Associates, Inc., Construction Detail dated 5-18-2016,
and incorporated herein as Exhibit A. Any conflicts shall be resolved
in the field at the discretion of the Borough Engineer or Building
Inspector.
(2)
Class AAA concrete shall be used.
(3)
Plant-mixed cement concrete, truck-mixed cement concrete or volummetric-mixed
cement concrete shall be used.
(4)
Onsite "bag" concrete shall be prohibited for new construction or
replacement of blocks.
(5)
The curbs shall be constructed to conform to the lines and grades
as approved by the Borough, including the width at the top and bottom
of the curb.
(6)
Curbs shall be a minimum of 18 inches in depth and shall be formed
front and back for a full depth of not less than 20 inches.
(7)
Forms shall be steel or wood for the full depth of the curb. If wood,
they shall be straight, free from warp and of sufficient strength
when staked to resist the pressure of wet concrete without springing.
Forms shall remain in place for a period of time, to be determined
by the Borough Inspector, to be determined by the temperatures as
follows:
(8)
Curbs shall have uniform lengths or blocks of 10 feet each, separated
by a template 1/8 inch to 1/4 inch in thickness. Templates shall be
removed after the concrete has developed initial set.
(9)
An expansion joint, 1/2 inch thick, shall be placed between the lengths
at not exceeding 20 feet.
(10)
The top surface shall be finished with a slope of 1/4 inch per
foot toward the gutter or face of curb. The upper outside edge shall
be finished with a round nosing to a radius of one inch. The front
face shall be battered and the back shall be vertical.
(11)
The foundation shall be graded with two inches of tamped down
2 A modified stone or equal. Where it is deemed advisable by the Borough
Engineer due to grades or ground conditions, an additional depth of
six inches shall be excavated and coarse stone shall be laid in the
trench and well tamped before constructing the curb.
(12)
Depressed curb is to be carried across all driveways one inch
above gutter grade or finished grade of street paving. Curb is to
be lowered across driveways and not cut down.
E.
Radius curbs at intersections. Whenever a curb is to be set at a
corner of a street, a curved curb shall be placed and cut to such
radii as may be determined by Borough Council. Existing square or
pointed corner curbs shall be replaced by curved curbs whenever a
street is being paved or repaved, or whenever public convenience requires
it. The cost of such curb where curb has not been heretofore set,
shall be paid by the owner of the property adjacent thereto; but where
a curb now set is changed to a curved curb, the cost thereof shall
be paid for by the Borough and the adjacent property owner shall keep
the same in good repair.
F.
Methods and materials for repair of concrete surfaces other than
replacement as specified above shall be approved by the Borough Engineer.
G.
Accessibility. The construction of all curb and sidewalk facilities
must be in compliance with the Americans With Disabilities Act of
1990 (P.L. 101-336), the Rehabilitation Act of 1973, as amended, and
the Civil Rights Act of 1964, as amended.
Nothing contained in this article shall be construed as to prevent
any property owner or owners from personally laying out curbs and
sidewalks or repairing the same in front of their properties provided
that they comply with the terms and procedures of this article.
Whenever any street is being paved, repaved and resurfaced,
any curb adjoining said improvement, not worn out as determined by
the Borough, shall be reset at the expense of the Borough in order
to secure uniformity in height of said curb for the entire block or
square, but any curb which is worn out, which is to be determined
by Borough Council, and needs replacing shall be replaced at the expense
of the owner of the property in the same manner as hereinbefore directed.
All construction or reconstruction of curbs, gutters, setting
or resetting of curb, and paving or repairing of sidewalks, shall
be done under the supervision of an inspector designated by Borough
Council or the Borough Manager, typically the Building Inspector and/or
Borough Engineer.
A.
No paving or curbing heretobefore laid with material or materials
not hereinbefore prescribed shall be permitted to be repaired or re-installed
whenever any such pavement or curb becomes, in the opinion of the
Borough, in bad condition. Notice shall be served upon the owner or
owners of lot or lots fronting thereon to repave the sidewalks or
reset the curb with materials as provided herein. Upon failure to
repair said condition after 30 days' notice, the Borough shall
cause the same to be done and shall collect from such owner or owners
of the lot or lots, the cost thereof and 20% additional, together
with all charges and expenses, and shall file a municipal lien therefor
against such lot.
B.
Whenever any curb shall be set or reset, or gutter constructed or
reconstructed, or sidewalks paved or repaved contrary to the provisions
of this article, the Borough Council may tear up and remove said gutter,
curb or sidewalk and construct such gutter, curb or sidewalk, in accordance
with the provisions of this article, or order it done so, and recover
the cost thereof in such a manner now or hereafter to be provided
by law.
Any person who shall be convicted of a violation of any of the
provisions of this article shall be punishable for each offense by
a maximum fine of $1,000, plus costs of prosecution, and in default
of payment of such fine and costs, by imprisonment for not more than
30 days. The continuation of such violation for each successive day
shall constitute a separate offense and the person or persons allowing
or permitting the continuation or violation may be punished as provided
above for each separate offense.
