(A) The grading of sidewalk areas, the constructing and repairing of sidewalks, curbs and driveway entrances along the streets of the borough shall be done by the owner or owners of the lot or lots abutting thereon in accordance with the lines and grades established by ordinance as shown on the topographical survey of the borough and in accordance with the provisions of this section.
(B) It is hereby declared unlawful for any person, firm or corporation to grade any sidewalk area, construct or repair any sidewalk, curb, gutter, driveway entrance or front or rear retaining wall within the borough except in compliance with the provisions of this section.
(C) Any person, firm or corporation desiring to grade any sidewalk area, which is defined as the area located between the curb line and the building line as shown on the topographical survey of the borough, or desiring to construct or repair any sidewalk, curb, gutter, driveway entrance, or front or rear retaining wall, shall first obtain a permit therefor from the Borough Secretary, said permit to be issued by said Borough Secretary only after the following conditions have been satisfied:
(1) The filing of a written application with said Borough Secretary upon such form as is approved by the Borough Council by resolution, setting forth the location, purpose and detailed description of the improvement;
(2) The approval of said application by the Borough Engineer;
(3) The payment of a permit fee of $2 to the Borough Secretary at the time of filing application, which fee shall be the total fee regardless of the number of improvements set forth in the application; and
(4) In all cases of new construction of any curb or of resetting any curb in excess of ten feet in length, and in the case of any other type improvement when requested by the applicant, the Borough Engineer shall furnish applicant with necessary lines and/or grades, the cost of which shall be paid for by applicant by depositing the amount of $20 with the Borough Secretary at the time of filing the application, and any difference in cost above or below the amount of deposit shall be paid by or returned to applicant at time of issuance of permit. If an application is made for a permit for a type of improvement for which said deposit is not required, but the Borough Engineer considers it necessary nevertheless to furnish lines and/or grades, he or she shall furnish such lines and/or grades and the cost thereof shall be paid by applicant at the time of issuance of permit or renewal thereof. The property owner shall protect survey points established by the Borough Engineer. If curb is not installed within 90 days of the date of issuance of a permit, the property owner shall be responsible for costs to check and reset any survey points necessary as determined by the Borough Engineer. A permit shall be effective for a period of 90 days from date of issuance, and may, prior to expiration of the original or renewal period be renewed by the Borough Secretary for a period of 90 days upon application and payment of $2 for each 90 days by the person, firm or corporation to whom the original permit was issued. Any person, firm or corporation who shall have been issued a permit pursuant to the provisions of § 7 of Ord. 286, shall not be required to pay the said permit fee, nor make the $20 deposit on account of the Borough Engineer’s charge for furnishing necessary lines and/or grades, as hereinabove provided.
(D) All sidewalk areas shall be grated and all sidewalks, curbs, gutters, driveway entrances and front or rear retaining walls, shall be constructed, reconstructed or repaired only on the grades and lines as shown on the topographical survey of the borough and furnished by the Borough Engineer and in accordance with a plan prepared by Great Valley Consultants, Borough Engineers, said plan being Drawing No. 923006-001-D-001-003, and pursuant to the requirements contained in Appendix A of 28 C.F.R. part 36, Standards For Accessibility Design, § 4.7 Curb Ramps. The drawing in question is attached hereto incorporated by reference as if set out in full herein and marked as Appendix A at the end of this chapter.
(1) All sidewalk areas shall conform to curb grades except that the area shall have a one-fourth inch pitch per foot measured from the outside curb line to the building line of the respective lot or property.
(2) All curbs shall be eight inches wide across the top, shall be nine inches wide seven inches below top of curb at gutter elevation, and shall extend for a width of nine inches downward to a point 24 inches from the top of the finished curb. The depth from the top of the curb to the flow line of the gutter shall be seven inches.
(3) (a) The outside of all sidewalks shall be set back three feet from the outside face of the curb and a grass plot area shall separate curb from sidewalk, except that said grass plot area may be paved as an addition to the sidewalk if so directed or authorized by resolution of the Council of the borough. All sidewalks shall be not less than four inches in thickness, and the surface shall have a one-fourth inch pitch per foot measured from the outside face of the curb. Sidewalks shall be four feet on sidewalk areas ten feet or less width as shown on the topographical survey of the borough and shall be five feet wide on sidewalk areas of more than ten feet in width as shown on the topographical survey of the borough.
(b) The provision of division (D)(3)(a) above shall apply as shall the provision of each and every section and division hereof, uniformly throughout the borough, with the following exception and addition: on East Smith Street, between South Home Avenue and South Haas Street, the outside of all sidewalks shall be set back ten feet from the outside face of the curb and a grass plot area shall separate curb from sidewalks. Sidewalks shall be six feet in width.
(4) All driveway entrances shall have a curb radius of two feet on each side, shall have the outside edge raised one and three-quarters inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed outside sidewalk edge located three feet from the outside face of the curb, shall have a sidewalk surface of the same grade and width prescribed for sidewalks, and all driveway entrances including gutter, slope and sidewalk surface shall be eight inches in thickness. No driveway entrance shall be constructed with a frontage exceeding 12 feet along the curb line except upon specific approval by resolution of the Council of the borough.
(5) The outside edge of all FRONT RETAINING WALLS, defined as those located along any street, shall be on or in back of the building line as shown on the topographical survey of the borough and the outside edge of all rear retaining walls shall be on or in back of the alley line as shown on the topographical survey of the borough and shall be constructed in accordance with good engineering practice of such height, thickness and materials as shall be approved by the Borough Engineer.
(6) All sidewalks, curbs, gutters and driveway entrances shall be constructed of concrete having a minimum mixture known as 3,000 pounds. The Borough Engineer shall require materials testing for compression if deemed advisable and proper, at contractor’s expense.
(7) In the construction of sidewalks, no indentation or other provisions shall be made or provided for in the surface thereof for the passage of stormwater from roof spoutings, drainpipes, downspouts or from any other source whatsoever. Henceforth, during the construction of sidewalk, provisions shall be made for the installation of approved piping underneath the sidewalk area to the curb so as to permit such stormwater to flow from the applicable property or structure to the adjacent gutter.
(8) On neglect or refusal of the owner or owners of the abutting lot or lots to grade any sidewalk areas, to construct, pave, repave or repair any sidewalk, to construct, set, reset or repair any curb or driveway entrance, within 30 days after notice so to do from the Council of the borough through its proper officials, said Council shall cause the same to be done and shall collect from said owner or owners of the lot or lots the cost thereof and 10% additional, together with all charges and expenses, and if payment is not made, shall file a municipal lien therefor against such lot or lots or shall bring an action in assumpsit against said owner or owners for collection thereof.
(F) Sidewalk areas not graded, or sidewalks, curbs and driveway entrances not laid in conformity with the provisions of this section and with the established grades and lines shown on the topographical survey of the borough, are hereby declared to be nuisances, and must be taken up and regraded and/or relaid according to the provisions of this section within 30 days after notice to the owner or owners so to do by the Council of the borough, and upon failure of said owner or owners thereof to regrade said sidewalk area, and/or relay said sidewalk, curb or driveway entrance within the time stipulated, said Council shall cause the same to be done in the manner herein provided and said Council shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner hereinbefore provided to division (E) above.
(G) No sidewalk, curb or driveway entrance heretofore laid with material or materials not prescribed herein shall be permitted to be repaired but whenever any such sidewalk, curb or driveway entrance becomes, in the opinion of said Council, in dangerous condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to relay the sidewalk, curb or driveway entrance with the material herein provided, and upon his, her, its or their failure so to do within 30 days after notice of the said Council shall cause the same to be done in the manner herein provided and said Council shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner hereinbefore provided in division (E) above.
(H) Present brick or macadam sidewalks requiring the replacement of any portion thereof shall be entirely replaced by a concrete pavement or sidewalk. In the case of concrete sidewalks, in the event any concrete block thereof requires the 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.
(I) Curbing and sidewalk shall be constructed along the front of each lot within the borough on which a new building or structure, other than a private garage, is constructed, where said lot adjoins a public street, road or highway. All such curbing and/or sidewalk herein required shall be constructed within one year after the occupancy or use of the said new building or structure. 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. In the case of industrial or commercial development, Council of the borough may by resolution waive any or all of the requirements of this division (I) if in its opinion said development is located in an area of the borough where curb and/or sidewalk is neither desirable nor necessary.
(J) When the curb or driveway entrances are constructed or repaired, and where no cartway paving exists, all areas of excavation within the cartway area shall be backfilled with Pennsylvania Department of Transportation No. 2A modified aggregate material to the grade of the existing adjacent roadway. Where the cartway was paved, the excavation shall be backfilled with Pennsylvania Department of Transportation No. 2A modified aggregate material six-inch depth, bituminous base course five-inch depth, and ID-2 wearing course one and one-half inch depth of paving restored. The curb line shall be sealed with AC-20, eight-inch minimum width. All other joints shall also be sealed with AC-20, four- inch minimum width.
(Ord. 2-1980, passed 7-14-1980; Ord. 4-1982, passed 6-12-1982; Ord. 2-1992, passed 3-9-1992; Ord. 1-99, passed 11-8-1999; Ord. 9-2009, passed 12-14-2009)