[Adopted 12-6-2005 by Ord. No. 6-2005]
The Borough may require owners of property abutting
on any street, including state highways, to construct, pave, repave
and repair the sidewalk, curb or gutter along such property at such
grades as may be established by the Borough Engineer and under such
regulations as may be prescribed by the Borough Council.
[Amended 10-7-2008 by Ord. No. 1-2008]
The Highway Committee of the Borough Council
shall determine if new sidewalks, curbs and gutters are needed and
if existing sidewalks, curbs and gutters, for the purpose of ensuring
their safe and usable condition, need repair.
Whenever the Highway Committee determines that
a sidewalk, curb or gutter along any public street should be constructed
or repaired, it shall be the responsibility of the owner of the property
abutting on such public street to construct such sidewalk, curb or
gutter along such property in accordance with the specifications and
regulations set forth in this article.
Whenever a building or zoning permit is issued
to a property owner who intends to build any new building (not including
accessory buildings), such owner shall be required to construct sidewalks
and curbs along public streets in accordance with specifications found
in this article.
Any sidewalk hereafter constructed within the
Borough of New Salem shall be concrete material at least four inches
in depth and a width to be established by the Highway Committee by
taking into account the width of adjoining sidewalks, if any, and
other special conditions, including but not limited to safety for
pedestrians in a particular location. The cross slope of the sidewalks
shall not exceed 1/4 inch per foot of width except as specifically
granted in the building or zoning permit authorizing the construction
or repair. Any such deviation from this specification shall only be
permitted by the Borough Engineer in order to meet special conditions
which cannot be otherwise accommodated. No trees shall be allowed
in sidewalk areas.
Whenever any public utility shall cut, break,
damage or otherwise impair the structural integrity of any sidewalk
in connection with the installation, repair or removal of any public
utility structure or facility or shall create a void in any sidewalk
as a result of removal of any public utility structure or facility,
such public utility shall remove and replace, in accordance with the
specifications of this article, the entire block or section of sidewalk
affected by such cut, break, damage or impairment or in which such
void is made.
All curbs hereafter constructed within the limits
of the Borough of New Salem shall have a minimum depth of 20 inches
when constructed by themselves and 18 inches in depth when constructed
integrally with a cement sidewalk. The face of said curbs shall be
battered one inch to protect the top of the curbs from scuffing by
vehicular traffic. Batter shall be obtained by holding the width of
the top of said curb to six inches and width at the base to seven
inches.
It shall be the responsibility of the Highway
Committee to inspect all existing sidewalks, curbs and gutters on
a regular basis.
A written notice shall be sent by certified
mail to the owners of property who are required to construct or repair
a sidewalk, curb or gutter, notifying them that they have 120 days
from the date of the notice to complete the required construction
or repair. If the required construction or repair is not completed
within such period, the Borough may cause the work to be done and
charge the owners for the costs of the work and an additional 10%
of such costs to cover the Borough's cost of administering the work.
Such amount shall be paid by the owners upon receipt of an invoice
for the same and shall bear interest at the rate of 6% per annum commencing
10 days from the date of the invoice. In default of payment by the
owners, the Borough shall file a municipal claim therefor against
the property benefited or collect the same by a civil action. If the
owners cannot be notified by certified mail, the notice required by
this section shall be posted on the premises.
Any person who receives a notice of construction
or repair may request the Highway Committee to review the particular
situation if the property owner wishes to deviate from the repair
or construction specified in the notice. This request must be made
in writing and submitted to the Borough within 30 days after receiving
the first notice from the Borough. Any request received after such
thirty-day period shall not be reviewed. Upon receipt of a request
for review, the Highway Committee shall undertake and complete its
review within 30 days of the date of receipt of the request and notify
the owners of the property of the decision.
Any property owner not required by notice to
construct, pave, repave or keep in repair sidewalk, curbs or gutters
may construct, pave, repave or repair the sidewalk, curb and gutter
abutting the property, provided that such owner shall make application
to the Borough before commencing work, shall conform to the provisions
of this article and other regulations as to specifications for construction
and repair work and shall notify the Borough Engineer within two days
after completion of work.
If the required construction or repairs would
be an economic hardship to the property owner, the Committee is specifically
authorized to enter into an agreement whereby the Borough would cause
the construction or repair to be done and have a municipal lien filed
therefor and the property owner would repay the Borough in accordance
with a payment schedule decided upon by the Committee.
Any property owner may appeal the decision of
the Committee by submitting in writing to New Salem Borough Council
the reasons for the appeal. Borough Council shall hear the appeal
at the next regular Council meeting held more than five days after
the written appeal is received or at a special meeting if Council
deems it necessary to hear and decide the appeal prior to the next
regular Council meeting.
Any driveway hereafter constructed in the Borough
of New Salem shall be constructed of bituminous paving material or
concrete.
Where, in the opinion of the Committee or Borough
Engineer, a dangerous condition exists on a sidewalk or curb, the
Borough shall send such property owner notice, by certified mail or
by posting the property, stating that such emergency repairs are required.
Upon failure of the owner to comply with the notice within 48 hours
after receiving it, the Borough may make emergency repairs and levy
the cost of its work on such owner as a property lien to be collected
in the manner provided by law.
If the owner of the premises fails to complete
the construction or repairs as required by the notices or constructs
or repairs a sidewalk, curb or driveway which is not in accordance
with the construction specifications contained herein or the Borough
Construction and Materials Specifications, the owner may be prosecuted
for violating this article and, upon conviction, shall be sentenced
to pay a fine of not more than $600, plus costs of prosecution, and,
in default of such fine and costs, to imprisonment for not more than
30 days. Each period of 60 days after the date required for completion
as set forth in the notice required by this article in which the required
construction or repair is not completed shall be a new and separate
violation of this article.
