[Adopted 8-13-1986 by Ord. No. 126]
This article shall be known and may be cited as the "Sidewalk, Curb
and Curb-Cut Ramp Ordinance of Skippack Township."
A. Pursuant to the provisions of the Act of November 10, 1965, P.L.
709, Section 1, 53 P.S. § 66402,[1] the Board of Supervisors of Skippack Township authorizes the construction
of sidewalks, curbs and curb-cut ramps on the north side and south side of
Skippack Pike (Route 73) from Bridge Road (Route 113) to the west side of
Voit Drive. The Board of Supervisors of Skippack Township may designate the
Commonwealth of Pennsylvania Department of Transportation (PennDOT) as the
contractor for said purpose or may advertise for bids for the performance
of said construction. Said construction shall be coordinated with the installation
of waterlines by the North Penn Water Authority in the right-of-way of Skippack
Pike. Upon the completion of said construction of sidewalks, curbs and curb-cut
ramps along the north side and south side of Skippack Pike (Route 73) from
Bridge Road (Route 113) to Voit Drive, in accordance with plans and specifications,
the expense of the construction of such sidewalks, curbs, curb-cut ramps,
driveway modifications and all other construction items designated in said
plans as the responsibility of the owner shall be paid by the abutting property
owners in proportion to their frontage. In no instance shall any abutting
property owner be liable for the construction of such sidewalk in an amount
greater than 10% nor for the construction for such curb and sidewalk in amount
greater than 10%, of the assessed valuation of the abutting property owned
by him. Any expense above such maximum liability of property owners shall
be paid by the township. If any abutting property owner fails to pay the expenses
of the construction of such curb and sidewalk for which they are liable, the
township supervisors may recover the amount by action of assumpsit, civil
action or may file municipal liens therefor against the abutting properties
in the manner provided by law for the filing and collection of municipal liens.[Amended 3-15-1989
by Ord. No. 148]
A.
Any assessment authorized under this article shall be
paid either in full, within 60 days after notice of such assessment shall
have been given to the party assessed, or in four equal semiannual installments,
the first of which shall be due and payable within 60 days after such notice,
together with penalty and interest as allowed by law. All assessments, whether
paid in full or in installments, shall be payable to the Treasurer of Skippack
Township.
[1]
Editor's Note: See now 53 P.S. § 67401.
A.
Every owner of property in the township abutting on any
street now laid out or hereafter ordained and laid out in the township shall,
upon 60 days' written notice from the Township Board of Supervisors,
construct or reconstruct a sidewalk or curb which shall conform to all applicable
requirements of this article, in front of or alongside of such property.
B.
It shall be the duty of the owner of the land abutting upon any curbs, sidewalks or ramps to keep them in such repair and condition that they do not become dangerous to the welfare and safety of the traveling public. The Board of Supervisors of the Skippack Township is hereby empowered to notify property owners, in writing, when curbs, sidewalks or ramps are in need of repair, renewal or replacement pursuant to the standards of Subsection E hereof and the provisions of this article. The repair, renewal or replacement thereof shall be made by the property owner within 60 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 and curbs or ramps may become dangerous to the welfare and safety of the traveling public upon the township. At all times, such responsibility shall be solely upon the property owner whose land abuts the curb, sidewalk or ramp.
C.
Upon the failure of the property owner to comply with
any of the requirements of this article, the township may, 10 days after written
notice to the property owner, cause the grading, paving or repairing 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 therefor in the manner provided by law for the filing and collection
of municipal liens or collect the same by a civil action.
D.
Any such notices to be served upon a property owner hereunder
shall be served upon the owner of the premises if such owner is a resident
of the township. 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 occupant of such premises,
then service shall be by notice posted upon the premises.
E.
Standards for repair and maintenance of curbs and sidewalks.
The owner of the property abutting the curb and sidewalk shall keep the curb
and sidewalk abutting his property in good order and repair and, at all times,
free and clear of all obstructions to safe and convenient passage. The property
owner shall maintain the sidewalk and curb in safe and usable condition so
that said sidewalk and curb accomplish the desired purposes and intent of
safe pedestrian passage, storm drainage channeling, separation of street and
sidewalk, and so that the said curb and sidewalk shall not present an unreasonable
risk of harm to pedestrians and other users. Repairs, maintenance and replacement
shall be in conformity with the specifications for sidewalks and curbs as
set forth in this article. The property owner shall be responsible for providing
that existing sidewalks and curbs maintain proper grades, do not crumble or
otherwise deteriorate.
A.
General requirements. Sidewalks for the use of pedestrians
shall be built, maintained or kept in repair, as the case may be, by the owners
of property abutting any street, including state highways, as provided in
this article and any other applicable ordinances of the township and state
law. Curbs, gutters and drains may be required in conjunction with existing
or hereafter constructed sidewalks, as the Board of Supervisors may from time
to time determine. At all intersections of streets and/or public alleys, the
curb shall be rounded at the intersection and have a minimum radius of five
feet except where the Board of Supervisors shall specifically require a curb
of different radius.
B.
Repairs to existing sidewalks. Existing brick sidewalks
which require the replacement of more than 20% of the total area shall be
entirely replaced by concrete pavements or sidewalks. In the case of concrete
sidewalks, in the event that 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,
that where a portion of such a concrete block is removed for installation
or repairs to utilities, then said block shall be replaced in its entirety.
C.
Installation of new curbs and sidewalks. In accordance
with the provisions of the Skippack Township Subdivision and Land Development
Ordinance,[1] curbs and sidewalks shall be constructed along the front of each
lot within the township 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.
A.
B.
In residential areas, the edge of the sidewalks furthest
from the street shall be nine feet from the street face of curb, or as the
Board of Supervisors may by resolution otherwise provide. Between each curb
and sidewalk of all residential properties, a grass plot, a minimum of four
feet four 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. The grass plot may be planted with
grass, or at the option of the property owner, covered with four by four cobble
stone or brick placed on a four-inch base of compacted sand or gravel; provided,
however, that on the proposed construction of sidewalks, curbs and curb-cut
ramps on the north and south sides of Skippack Pike, the grass strip shall
be deleted because of the limited right-of-way available.
[Amended 3-15-1989 by Ord. No. 148]
C.
Whenever, at the time of the adoption of this article
or thereafter, sidewalks have been constructed along a portion, but not all,
of a side of a street, avenue or alley between cross streets, avenues or alleys,
all sidewalks thereafter constructed shall be of the same width as the existing
sidewalk and both sides shall be the same distance from the curb as the existing
sidewalk, anything in this article to the contrary notwithstanding. This provision
shall apply to all sidewalks thereafter constructed along the same side of
the street, avenue or alley and shall extend until a cross street or avenue
or alley is encountered.
D.
Every owner of property in the Township of Skippack 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 article and other applicable ordinances, in front of or alongside
of such property. The Board of Supervisors may, upon due cause shown, grant
a property owner an exception from the provisions hereof for a specific period
of time.
[Amended 3-15-1989 by Ord. No. 148]
The construction of any sidewalks, curbs, curb-cut ramps, driveway ramps,
gutters and/or drains shall conform to the Pennsylvania Department of Transportation
Specifications (Publication 408, 1987) and the Standards for Roadway Construction,
Series RC-0 to RC-100, all per the latest revision.
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 Board of Supervisors other than
those established in an approved subdivision, and with reference to the Route
73 project in which the Commonwealth of Pennsylvania, Department of Transportation
shall establish the lines and grades. Said grades and lines will be established
in the field one time, by the township, 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 for curbs shall be
three-fourths-inch thick preformed, nonextruding and resilient bituminous
joint filler shall be placed at every structure and at the limit of work each
day to the full depth of curb. Sidewalks shall be scored to create a square
block. Curbs shall be scored at ten-foot intervals. Expansion joints for sidewalks,
curb-cut ramps and driveway ramps shall be one-half-inch thick preformed,
nonextruding and resilient bituminous joint filler, placed to the full depth
where the sidewalk or ramp meets rigid pavement and/or existing structures.
C.
Subgrade. All sidewalks and curbs shall have a four-inch
subbase of 2A modified crushed aggregate conforming to Pennsylvania Department
of Transportation standards.
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 rainwater 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
the top of the curb with a tooled contraction joint located vertically over
the center line of pipe. The thickness of concrete shall be at least eight
inches, a distance of 12 inches inches from each side of the pipe.
E.
Thickness and depth of sidewalks, curb-cut ramps, driveway
ramps and curbs. The curbs shall have a depth of not less than 18 inches and
shall be eight inches thick at the base and seven inches thick at the top.
Curbs shall be constructed with an eight-inch reveal with a batter on the
street side. Sidewalks and curb-cut ramps for the handicapped shall be not
less than four inches in thickness and shall rest on a compacted bed of broken
stone of a depth of four inches and shall have a one-fourth-inch pitch per
linear foot from the inner edge of the sidewalk to the outer edge of the curb.
Concrete driveway ramps and sidewalk adjacent to the ramp shall consist of
six inches concrete on four inches compacted 2A modified stone.
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 with PennDOT approved aggregate
to the grade of the existing roadway by the contractor.
H.
Concrete specifications and finishing. All sidewalks
and curbs shall be constructed of air entrained structural concrete having
PennDOT Class A designation. The capping of defective curbs is prohibited.
(1)
The top surfaces of all sidewalks and curbs shall receive
a coarse broomed finish, and the finish tolerance shall be a true plane within
one-fourth-inch in 10 feet. The exposed vertical surfaces of curbs 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 24 hours
old.
(2)
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.
(3)
The Building Inspector may reject any new construction
of concrete sidewalks and curbs which do not conform to the requirements of
this article or the generally accepted standards of the American Concrete
Institute.
(4)
Durabond shall be used only in case of patching honeycombed
concrete or its equal.
(5)
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 curbs, sidewalks, ramps, gutters
and/or drains.
(6)
All traffic signs and lamp posts removed during construction
of concrete curbs, sidewalks, ramps, gutters and/or drains shall be replaced
by the person, firm or corporation performing installation.
I.
The contractor must furnish and shall be responsible
for placing the proper barriers and warning signs during construction. 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.
J.
All areas of excavation within the cartway area shall
be backfilled with PennDOT 2A modified aggregate and paved per PennDOT current
specification by the contractor. Expansion material shall be placed around
existing and/or proposed utility poles.
K.
Safety and warning measures required. The contractor
must furnish and shall be responsible for placing the proper barriers and
warning signs during construction.
In addition to the remedies now vested in this township to make repairs
to sidewalks pursuant to the Second Class Township Code[1] and other applicable statutes and ordinances, the Township of
Skippack shall have the power to make emergency repairs to any sidewalks located
within the Township of Skippack where, in the opinion of the Building Inspector,
a dangerous condition exists that can be repaired by an expenditure of not
more than $25. 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 costs thereof shall be a charge against
the owner of the property and shall be a lien, until paid, upon the abutting
property, provided that a claim is filed therefor in accordance with the law
providing for the filing and collection by civil actions. 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.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
The widths and locations of curb-cut ramps, also referred
to as "physically-handicapped ramps," within all areas of the township shall
be determined by the Board of Supervisors or an authorized representative
of the township. Ramps shall be provided where feasible and where existing
conditions will permit said installation and construction, upon due notice
by the Township Building Inspector or other duly authorized township official.
In those instances when a corner radius is replaced, or when there is new
construction of sidewalks, said ramps shall be installed and it shall not
be necessary for any township official to provide notice thereof.
B.
The construction and/or maintenance costs of the ramps
shall be the responsibility of the abutting property owner.
[Amended 3-15-1989 by Ord. No. 148]
A.
Slope. The slope of the wheelchair ramp should be a maximum
of 12 to 1. However, on narrow sidewalks (six feet and less), the slope may
be increased, but in no case shall the slope exceed a maximum of 8 to 1.
B.
The Pennsylvania Department of Transportation Design
Manual, Part 2, Chapter 6, Pedestrian Facilities, is incorporated herein by
reference as though set forth in full.
A.
No person or persons, firm or corporation shall construct
or repair any sidewalk, curb, gutter or ramp without first applying for and
obtaining from the Building Inspector of the Township of Skippack a permit
for the same. The application for such permit shall set forth:
B.
Such other pertinent information as may be considered
necessary. No permit will be required for new sidewalks, curbing, gutters
or ramps to be constructed in an approved subdivision which are to be installed
by the developer.
The cost of obtaining a permit to construct a curb-cut ramp shall be
an amount as set forth from time to time by resolution of the Board of Supervisors.
The cost of obtaining a permit to repair existing curbs, gutters and sidewalks
shall be an amount as set forth from time to time by resolution of the Board
of Supervisors. The cost of obtaining a survey permit to stake out line and
grade of new curbs, gutters and sidewalks, other than that established on
an approved subdivision plan required to be surveyed by the developer, shall
an amount as set forth from time to time by resolution of the Board of Supervisors.
Any person, firm or corporation applying for any permit under this article
shall indemnify and hold harmless the Township of Skippack 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 Township of Skippack, its agents, servants, workmen or
employees.
A.
Any person who violates or permits a violation of this
article, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant neither
pays nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate officers
or agents of the township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
[Amended 3-15-1989 by Ord. No. 148[1]]
B.
The Board of Supervisors may revoke any permit issued
to any person, firm or corporation violating any of the provisions of this
article.
