[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Editor’s Note: This ordinance also repealed former Article II, Sidewalk and Curb Standards, adopted 3-8-1984 by Ord.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:
(a) 
Above 60° F. - 24 hours.
(b) 
Fifty to 60° F. - 36 hours.
(c) 
Forty to 50° F. - 72 hours.
(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.