[Adopted 1-14-1908 (Ch. 73, Art. IV, of the
1971 Code)]
A. No person shall occupy any street, lane, avenue or
alley or any part thereof with pipes, poles, lumber, stone, bricks,
mortar beds or other building material or accessories, or commence
the erection, construction, re-erection or reconstruction of or excavation
for any building, structure, wall, fence, pier, foundation, curb,
sidewalk, gutter, conduit, post, pole or gas, water or other pipe,
main or sewer in, through, on or along any street, lane, avenue or
alley in the Borough of Columbia unless a proper permit shall be first
obtained.
B. Every person, including all and every owner, agent,
builder and contractor, who shall violate the provisions of this section
shall, upon conviction before any District Justice, be fined a sum
for the use of the Borough of Columbia not exceeding $600, plus costs
of prosecution, to be recovered in like manner as other debts are
by law recoverable, and, in default of payment of such fine and costs,
be subject to imprisonment for a term not exceeding 30 days.
[Added 12-7-1921]
A. From and after the passage of this article, if any
person file with the Chairman of the Highway Committee any objection
to the granting of any permit for the erection, construction, reconstruction,
repair or alteration of any building, the said permit shall be withheld
until the matter of granting said permit shall be determined by the
Borough Council.
B. Should any request for any permit be for any building
to be erected within 20 feet of the building line of any street, or
nearer the building line of said street than the majority of the buildings
on the same side of the street in the same block, then the action
of the Council in granting or refusing said permit shall be final.
[Amended 11-23-1954 by Ord. No. 269]
Such permit, when the object therefor is not
in violation of any ordinance, resolution or regulation of said Borough,
shall be issued by the Borough Secretary/Treasurer on application
in writing and after payment of the stipulated fee. Such application
shall specify the character, material, location, proximity to house
line and extent and character of substructures of the building; location
and material of the sidewalk, curb or gutter, and the size and location
of the pipes, posts or poles to be built, laid or erected and shall,
in addition, set forth in detail all such measurements, data and explanation
as shall or may be necessary or desirable for the proper information
to determine the nature of the work and whether the same is in conformity
with the law and applicable ordinances, resolutions and regulations.
Such permit so issued shall not be valid or effective until countersigned
by the Borough Engineer, who shall thereon certify that the applicant
has obtained the proper lines and grades and that the purpose and
object for which such permit is granted does not interfere or conflict
with any planned or contemplated pipes, sewers or other public utilities.
Such permits shall be printed and bound in book
form, each permit to be numbered consecutively and attached to a stub
of like size and number by perforations, which stub shall be filed
in duplicate of the permit issued and detached. Such stubs shall be
delivered to the Borough auditors for audit at such time or times
as other Borough books, records and accounts are audited.
[Amended 11-23-1954 by Ord. No. 269]
Such permit shall be issued upon a form furnished
by the Borough.
[Amended 6-10-1931 by Ord. No. 136; 5-10-1971 by Ord. No. 477]
Fees for the following shall be as set from
time to time by resolution of the Borough Council:
A. For issuing the several permits. All fees received
for such permits shall be for the use of the Borough of Columbia and
shall be turned over to the Borough Secretary/Treasurer monthly.
[Amended 9-10-1990 by Ord. No. 625]
B. For the erection, laying, alteration or reconstruction
of every continuous curb and sidewalk and/or gutter, including corner
properties, for the first 25 linear feet or fraction thereof of curb
measurement.
C. For each additional linear foot or fraction thereof.
D. For the erection, alteration or reconstruction of
every wall, fence or set of piers.
E. For excavating in streets and alleys and the laying
of sewers, conduits and gas, water and other pipes and mains (base
charge).
F. For every square foot of street surface opened in
surfaced streets and avenues pursuant to the above permit, and in
addition to said base charge.
[Amended 11-12-1956 by Ord. No. 307]
G. For every square foot of street surface opened in
unsurfaced streets and avenues pursuant to the above permit, and in
addition to said base charge.
[Amended 11-12-1956 by Ord. No. 307]
H. For excavating for the installation, substitution
and/or removal of every post or pole in sidewalks and alleys.
[Amended 9-10-1990 by Ord. No. 625]
I. For excavating for the installation, substitution
and/or removal of every house service pipe and/or stop of drain in
sidewalks.
J. For occupancy of a street, alley or sidewalk with
building material, devices or accessories, provided that the privilege
of such occupancy is not included in a permit then in force, or with
coal or refuse, for each period of 24 hours or fraction thereof.
[Amended 9-10-1990 by Ord. No. 625]
[Amended 11-23-1954 by Ord. No. 269]
No person to whom such permit shall be issued
shall occupy with material and accessories or with earth or refuse
or otherwise close or obstruct more than half of the street or sidewalk
immediately in front of or nearest to such building or excavation,
except if such permit is granted for or shall include the laying or
relaying of a sidewalk or excavating beneath a sidewalk for substructure
when the privilege of closing or obstructing the sidewalk for a period
not exceeding eight days shall be included therein. On or before the
eighth day of such closing or obstructing, it shall be the duty of
the owner, agent, builder or contractor, and every one of them, to
have erected and completed a trestled or other walk or superstructure
over such excavation or sidewalk for the convenient resumption of
foot traffic. Such walk or superstructure shall be not less than five
feet in width and shall be provided with adequate siderails. Every
person violating any of the provisions of this section shall, upon
conviction thereof before any District Justice, be sentenced to pay
a fine of not more than $600, plus costs of prosecution, and, in default
of payment of such fine and costs, be subject to imprisonment for
a term not exceeding 30 days; provided that each day's continuance
of a violation of any of the provisions of this section shall constitute
a separate offense.
[Amended 12-16-2003 by Ord. No. 726]
Every person who shall be granted a permit for
the occupancy of any street, lane, avenue or alley with building or
other material and accessories or for the closing or obstructing thereof
in any manner whatsoever, shall, within 1/2 hour after sunset
of each day during such occupancy or obstructing, place or cause to
be placed on or at such obstruction signal lights of color, size and
shape as required by all applicable laws, regulations and ordinances
of the Borough of Columbia, Commonwealth of Pennsylvania and Pennsylvania
Department of Transportation, which lights shall be of sufficient
volume and number to give adequate warning to the public of the presence
of such obstruction and which lights shall be kept burning until 1/2
hour before sunrise. Every person violating the provisions of this
section shall, upon conviction before any District Justice, be fined
a sum for the use of the Borough of Columbia not exceeding $600, plus
costs of prosecution, to be recovered in like manner as other debts
are by law recoverable, and, in default of payment of such fine and
costs, be subject to imprisonment for a term not exceeding 30 days;
and if damage or injury to persons or property results from the failure
or refusal of such person to comply with the provisions hereof, such
person shall be liable to the said Borough for all and every loss
and damage suffered and sustained by or recovered against the Borough
of Columbia by reason of such failure or refusal to comply with the
provisions hereof.
No person shall build, alter or repair or excavate
for any foundation or other wall, cellar entrance, coal chute, vault,
arch or other substructure which does or shall extend beyond the house
line of any street, lane, avenue or alley, unless such privilege shall
be specifically mentioned and included in the permit. Every person
violating the provisions of this section shall, upon conviction before
any District Justice, be fined a sum for the use of the Borough of
Columbia not exceeding $600, plus costs of prosecution, to be recovered
in like manner as other debts are by law recoverable, and, in default
of payment of such fine and costs, be subject to imprisonment for
a term not exceeding 30 days.
No permit shall be issued for the building, altering or repairing of or excavating for any foundation or other wall, cellar entrance, coal chute, vault, arch or other substructure which does or shall extend beyond the house line of any street, lane, avenue or alley, if such substructure is or shall be higher than, or which does or shall interfere with, the grade, construction or safety of the sidewalk over or in front of such substructure. But if such substructure shall not be violation of the foregoing provisions of this section, a permit therefor, subject to the provisions of §
186-24 hereof, may and shall be issued, provided the owner of the building or lot in front of or from which such substructure is desired shall first satisfy the Committee on Highways and the Borough Engineer of the safety, sufficiency and adequacy of the construction thereof. And the person or persons who shall be the owner or owners of every such building or lot in front of or to which any such substructure shall be built or attached, at such time as any final verdict for damages may or shall be recovered against the Borough of Columbia for damage or injury to person or property by reason of the faulty or insufficient construction, repair or maintenance of such substructure, shall be liable to the said Borough for all and every loss and damage sustained by or recovered against the said Borough by reason of such damage or injury.
[Amended 11-23-1954 by Ord. No. 269]
No person shall hereafter place, build or erect
any porch, veranda, pillar, pier, bulk or bay window, cellar door,
railing or entrance or permanent stand beyond the house line and above
the grade of the sidewalk so that the same shall project beyond the
house line a greater distance than 4 1/2 feet; and in any street
in which the distance from the curbline to the house line is eight
feet or less, such porch, veranda, pillar, pier, bulk or bay window,
cellar door, railing or entrance or permanent stand shall not project
beyond the house line a greater distance than 1/2 the width of
the sidewalk. Every person violating any of the provisions of this
section shall, after 15 days' written notice from the Committee on
Highways and upon conviction thereof before any District Justice,
be sentenced to pay a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, be subject to imprisonment
for a term not exceeding 30 days; provided each day's continuance
of a violation of any of the provisions of this section, after notice
as provided herein, shall constitute a separate offense.
No person shall build, erect or reset a private
residence, the first or ground floor of which shall be less than 12
inches above the grade of the sidewalk at the house line in front
of such residence.
[Amended 11-23-1954 by Ord. No. 269]
A. With the exception of churches, schools and other
public buildings not customarily designated by number, the main building
upon every lot located within the Borough shall be assigned a proper
street number or numbers. The owner or agent of the said building
shall place or cause to be placed the said number or numbers conspicuously
upon the said building or lots as to be plainly visible from the street
or alley upon which such building faces. Such number or numbers shall
and may be obtained without charge or fee on application to the Borough
Engineer, whose duty it shall be within 15 days thereafter to ascertain
and give to such applicant the proper number or numbers applied for.
The method of ascertaining such number or numbers shall be as follows:
(1) A number shall be designated for every 15 lineal feet.
(2) Even numbers shall be used exclusively upon the south
and west sides of streets and alleys, and odd numbers shall be used
exclusively upon the north and east sides thereof.
(3) The numbering of streets and alleys extending eastwardly
and westwardly shall be computed by starting at Front Street with
number 100. Streets and alleys extending northwardly and southwardly
shall be numbered northwardly and southwardly from Locust Street,
commencing at Locust Street with number one.
(4) All squares shall be presumed to contain 100 numbers,
and each successive square shall be commenced with the hundred next
higher than the starting number of the preceding square.
(5) All numbers shall be maintained in a complete and
legible condition by the owner or agent of the properties numbered
as herein provided.
B. Any person who shall fail or refuse to properly number
any building or to maintain the said number or numbers as herein provided
shall, after 30 days' written notice from the Committee on Highways
to do so, upon conviction thereof before any District Justice, be
sentenced to pay a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, be subject to imprisonment
for a term not exceeding 30 days; provided, each week's continuance
of a violation of any of the provisions of this section, after notice,
shall constitute a separate offense.
[Amended 11-23-1954 by Ord. No. 269; 3-14-2005 by Ord. No. 747]
A. Construction of new sidewalks and curbs along existing
Borough streets or state highways. The owner or owners of all land
or property abutting a street located in the Borough of Columbia shall,
upon written notice from the Borough of Columbia, construct a new
sidewalk and/or curb within 60 calendar days from receipt of such
notice. If said owner or owners shall after 60 days from receipt of
such notice fail or refuse to construct such sidewalk and/or curb,
of the Borough of Columbia may cause such sidewalk or curb to be constructed
at the owner or owners' expense, which expense shall equal the reasonable
and actual costs of labor and materials, together with a ten-percent
surcharge, which costs and expenses, if not paid, shall be deemed
to be municipal claims, lienable in accordance with applicable Pennsylvania
law.
B. Maintenance of existing sidewalks and curbs. All sidewalks
and curbs shall conform to the established line and grade and shall
be kept and maintained in good and safe order and repair by the owner
or owners. The Borough Council may, from time to time, by resolution,
establish criteria to be used in evaluating the condition of sidewalks
and curbs. The Borough will provide written notice to each owner or
owners to repair or replace those sections of sidewalk and curb which
are in violation of the Borough's maintenance criteria. The owner
or owners shall make repairs within 60 calendar days from the date
of such notice. If said owner or owners shall after 60 days from receipt
of such notice fail or refuse to make such repairs to the sidewalks
and/or curbs, the Borough Council may cause such sidewalks or curbs
to be repaired at the owner or owners' expense, which expense shall
equal the reasonable and actual costs of labor and materials, together
with a ten percent surcharge, which costs and expenses, if not paid,
shall be deemed to be municipal claims, lienable in accordance with
applicable Pennsylvania law.
C. Exceptions to the requirements of sidewalk and/or
curb installation. The Borough Council of the Borough of Columbia
may, from time to time, by resolution, identify locations within the
Borough of Columbia where sidewalk or curb will not be required. Attached
hereto and incorporated herein as Exhibit A is a map of the Borough streets identifying locations
where sidewalks and curbs are not currently required.
D. Replacement of sidewalk and curb by individual property
owner or owners. A property owner, upon his initiative and without
notice from any Borough authority, may construct, reconstruct or repair
a sidewalk and/or curb in front of his property, provided that such
owner shall first obtain from the Borough a permit for the same, the
application for which permit shall set forth the requirements for
the proper installation or replacement. Such owner shall conform to
the requirements of this article and the specifications as established
and amended by the Borough of Columbia from time to time regarding
the installation, repair and maintenance of curbs and sidewalks. If
such work is not in conformance with the Borough specifications, said
owner or owners shall perform such necessary repairs so as to make
the work be in compliance with the Borough specifications within 60
calendar days from the date the Borough notifies the owner or owners
of the same. If said owner or owners shall, after 60 days from receipt
of such notice, fail or refuse to make such repairs to the work, the
Borough may cause such work to be performed at the owner or owners'
expense, which expense shall equal the reasonable and actual costs
of labor and materials, together with a ten-percent surcharge, which
costs and expenses, if not paid, shall be deemed to be municipal claims,
lienable in accordance with applicable Pennsylvania law.
E. Replacement of sidewalk and curb as part of the proposed
street reconstruction and resurfacing project.
(1) Except for properties listed on Exhibit A hereto,
when the Borough or PennDOT shall propose to reconstruct or resurface
any street, the Borough shall serve written notice of the same to
all persons owning property abutting the street about to be improved
and to all utility companies operating within the Borough of Columbia.
Within 60 calendar days from the delivery of such notice all notified
persons shall complete or cause to be completed all necessary repairs
and replacement of sidewalk and curb as directed, except if such property
is listed on Exhibit A hereto. All utility companies operating within
the Borough shall also complete any utility or upgrade any existing
utility within the Borough right-of-way. All repairs, replacements
and new installations shall be in first-class condition so that the
same cannot reasonably be expected to require repair or renewal within
a period of 10 years thereafter.
(2) Upon failure of any of the notified person or persons
to comply with the notice from the Borough to make such repairs or
replacements, the Borough shall be entitled to collect the cost of
such renewals, repairs, caulking, removal, installation, construction,
or other work from the aforesaid responsible person or persons, either
by invoicing the person or persons, or, in the case of water or sewer
house connections, by filing municipal liens therefor against the
abutting properties benefited by such connections.
F. All construction, maintenance and replacement of sidewalks
and curbs shall be performed in accordance with the Borough of Columbia
Technical Specification Standard Details attached hereto as Exhibit
B and Penn DOT Standard (Publication 203—Work Zone
Traffic Control), both as amended from time to time, and in accordance
with all other local ordinances and applicable Pennsylvania law.
G. Borough financial incentive programs. From time to
time the Borough Council of the Borough of Columbia may, by resolution,
adopt financial incentive programs to assist property owners within
the Borough of Columbia in financing the cost of curb and sidewalk
installations and/or repairs; which policies and incentive programs
may be on such terms as the Council may reasonably determine to be
applicable and as may be amended by the Council from time to time.
[Amended 11-23-1954 by Ord. No. 269; 12-16-2003 by Ord. No. 726; 3-14-2005 by Ord. No. 747]
All sidewalks hereinafter constructed shall
be constructed in accordance with and in addition to the Borough of
Columbia Technical Standard Details attached hereto as Exhibit B and
Penn DOT Standard (Publication 203—Work Zone Traffic Control),
both as may be amended from time to time.
A. All sidewalks shall be paved from the house line to
the curbline, except in such streets or squares thereof as are essentially
residential streets in which the houses, or a majority of them, are
set back from the house line a distance of 4 1/2 or more feet.
In such streets or squares thereof the sidewalk may extend from the
house line toward the curbline the following minimum widths:
(1) Nine feet in streets 70 and 80 feet in width;
(2) Eight feet in streets 66 feet in width;
(3) Seven feet in streets 50 and 60 feet in width;
(4) Four feet in streets 40 feet in width;
B. Provided, that the space between the end of the sidewalk
and the curb be maintained as a lawn.
[Amended 3-14-2005 by Ord. No. 747]
Private drains or gutters shall not discharge
directly onto the surface of any sidewalk. The discharge shall be
directed into a minimum four-inch PVC conduit under the sidewalk or
a trench drain designed to be flush with the surface of the sidewalk.
The actual construction shall be under the direction of the Borough
Highway Supervisor.
[Amended 3-14-2005 by Ord. No. 747]
All poles, hitching posts, fire hydrants and water, gas and other stop boxes shall be placed 12 inches outside the curbline, and all trees where the sidewalk is paved from the curbline to the house line shall be placed 18 inches outside the curbline. Where, under provisions of §
186-37 hereof, a space between the end of the sidewalk and the curb is maintained as a lawn, all approved street trees shall be placed in accordance with any plans for streetscapes approved hereinafter by the Borough and in accordance with any approvals granted by the Shade Tree Commission.
[Amended 11-23-1954 by Ord. No. 269]
All signs and awnings and all limbs and branches
of trees on, along or projecting over any sidewalk lower than eight
feet above the grade of such sidewalk, and all grates, covers and
water, gas or other stop boxes and similar devices which shall extend
or project above the grade of any sidewalk shall be deemed and regarded
as a nuisance. If the owner or owners of any land or property in front
of or along which such nuisance exists shall not, within 10 days after
written notice from the Committee on Highways so to do, remove and
abate such nuisance, the Borough shall cause such nuisance to be removed
and abated and shall collect from the owner or owners of such land
or property the reasonable and actual cost thereof, with an additional
charge of 10% in accordance with the Acts of Assembly in such cases
made and provided.
[Amended 12-16-2003 by Ord. No. 726; 3-14-2005 by Ord. No.
747]
All sidewalks and curbs shall conform to the
established grade and shall be kept and maintained in good and safe
order and repair by the owner or owners of the land or property abutting
thereon, and if or when any sidewalk or curb does not conform to the
established grade or is not, in the judgment of the Borough (or the
Borough's designee which may include, but shall not be limited to,
the Borough Council Highway Committee, the Borough Code Enforcement
Officer and/or the Borough Manager), in good and safe order and repair,
the said Code Enforcement Officer, after 60 days' written notice to
such owner or owners to raise, lower, repair or reconstruct such sidewalk
or curb, shall cause such raising, lowering, repairing or reconstruction
to be done at the cost of such property owner, which cost shall include
the reasonable cost of all labor and materials with an additional
ten-percent surcharge, together with all other actual charges and
expenses, which charges and expenses shall and may, if not paid, be
treated as municipal claims, lienable under the applicable laws of
the Commonwealth of Pennsylvania.
[Amended 8-6-1912; 3-14-2005 by Ord. No. 747]
Private driveways over sidewalks and approaches
across sidewalks to private alleys shall be constructed in accordance
with the Borough of Columbia Technical Specifications and Standard
Details, as described hereinabove, from the building line to the outer
edge of the gutter and shall be subject to the same municipal control
and regulation as are other sidewalks and gutters. Such driveways
and approaches shall be laid and constructed in such manner and with
such shape and conformity as the Borough shall in every instance determine
and prescribe. Approaches across sidewalks to private alleys shall
be paved and maintained jointly by the owners of all land abutting
on such alley, the cost thereof to be borne and assessed in accordance
with the foot-front rule. All construction within the Borough right-of-way
shall be in accordance with the Borough of Columbia Technical Specifications
and Standard Details.
A. The alignment of curblines and all streets or parts
thereof to be opened and in all streets or squares thereof in which
sidewalks have not been laid, and in all streets or squares thereof
which shall or may be paved with brick, asphalt or other similar material
shall be in such dimensions as directed from time to time by the Borough
Engineer and/or by resolution of Borough Council.
[Amended 3-14-2005 by Ord. No. 747]
B. Provided, that in streets in which a railway track
has been located, the width of the driveway shall in no instance be
less than 36 feet.
[Amended 11-23-1954 by Ord. No. 269; 12-16-2003 by Ord. No. 726]
Every new sidewalk and every sidewalk which
shall be relaid or reconstructed shall be provided with concrete curbing,
which shall be placed, laid or erected in conformity with such specifications
as Council shall from time to time adopt as standard. If any sidewalk
shall be laid, relaid or reconstructed in violation of any of the
provisions of this section, the Committee on Highways, after 90 days'
written notice to the owner or owners of the land abutting on such
sidewalk, shall cause a proper curb to be placed, laid and constructed,
and the Borough shall collect from such owner or owners the reasonable
and actual cost of all labor and materials, with 10% advance thereon,
together with all charges and expenses, in accordance with the Acts
of Assembly in such cases made and provided.
[Amended 12-16-2003 by Ord. No. 726; 3-14-2005 by Ord. No.
747]
All curbing hereafter constructed shall be constructed
in accordance with and in addition to the Borough of Columbia Technical
Specifications Standard Details attached hereto as Exhibit B and Penn
DOT Standard (Publication 203—Work Zone Traffic Control), both
as amended from time to time.
[Amended 11-23-1954 by Ord. No. 269]
All poles, stepping-stones, hitching posts and
other obstructions erected, projecting or existing beyond the curbline
of any street shall be deemed and regarded as a nuisance. If the owner
or owners of any land or property in front of or along which such
nuisance exists shall not, after 10 days' written notice from the
Committee on Highways so to do, remove and abate such nuisance, the
said Committee on Highways shall cause such nuisance to be removed
and abated and the Borough shall collect the reasonable and actual
cost thereof, with 10% advance thereon, from such owner or owners
in accordance with the Acts of Assembly in such cases made and provided.
[Amended 11-23-1954 by Ord. No. 269]
No person, firm or corporation shall, for any
length of time or for any purpose whatsoever, by ditches or openings
or by the deposit or placement of earth or other material, thing or
matter, close or obstruct more than 2/3 of the width of the driveway
of any street, or close or obstruct the intersection of any two or
more streets in such manner that vehicles or pedestrians are denied
a safe and continuous course on and to any of such intersecting streets.
Every person or corporation who shall violate any of the provisions
of this section shall, upon conviction thereof before any District
Justice, be fined a sum not exceeding $600, plus costs of prosecution,
and, in default of payment of such fine and costs, be subject to imprisonment
for a term not exceeding 30 days.
[Amended 11-23-1954 by Ord. No. 269]
No person, firm or corporation shall discharge
or cause to be discharged on the surface or into the surface drainage
of any street or alley by means of a direct or sheltered pipe or covered,
buried or protected drain or in any other direct manner any heated
water or other liquids issuing from or poured, pumped or emptied out
of any steam or other boiler, water heater, wash machine or any other
machine or apparatus wherein or whereby water or other liquids are
heated. Every person, firm or corporation who or which shall violate
the provisions of this section shall, for every such offense, upon
conviction before any District Justice, be fined a sum for the use
of the Borough of Columbia not exceeding $600, plus costs of prosecution,
to be recovered in like manner as other debts are by law recoverable,
and, in default of payment of such fine and costs, be subject to imprisonment
for a term not exceeding 30 days.