[HISTORY: Adopted by the Board of Supervisors of the Township of East Caln as indicated in article histories. Amendments noted where applicable.]
Article I Street Opening
Article II Sidewalk Construction and Repair
[Adopted 5-22-1974 by Ord. No. 1974-1]
In accordance with the provisions of § 1156 of Article XI of the Second Class Township Code, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings nor any gas pipe, water pipe, electric conduits or other piping, be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any coal tipples or any other obstructions be erected upon on in any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose.
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. Each application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation, for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
[Amended 6-12-1974 by Ord. No. 1974-2]
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. Where any settlement or defect in the work occurs, the applicant shall rectify any such settlement or defect within 60 days after written notice from the Township to do so. If at any time a settlement or defect shall become a hazard the applicant shall rectify such settlement or defect within 48 hours after written notice from the Township to do so. If the applicant fails to comply with the written notices authorized by this section, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Adopted 7-2-2003 by Ord. No. 2003-04]
The construction of any new sidewalk or curbs and the repairing of any existing sidewalk or curb in the Township of East Caln, Chester County, Pennsylvania, shall be done in conformance with the following specifications, regulations and/or provisions.
The grade to which every curb or sidewalk shall be hereafter laid, constructed or repaired, other than that established in an approved subdivision plan, shall be that fixed and designated by the Township Engineer representing the Board of Supervisors of the Township of East Caln, Chester County, Pennsylvania ("Board of Supervisors").
The space between the street side of the curb to the street side of the paved edge of the sidewalk shall be a minimum of three feet, and the sidewalk paved width shall be a minimum four feet in all new development or street construction. In existing developed sections of the Township, and where sidewalks have been constructed prior to the date of this article, existing conditions shall be taken into consideration by the Township of East Caln in applying the width and location regulations.
Finished sidewalks and curbs shall have a grade from the inner edge of the sidewalk to the outer edge of the curbs of an 1/4 inch to the foot, unless otherwise approved by the Township.
All work done hereunder shall be inspected by the Township Building Official, or authorized representative, representing the Board of Supervisors.
It shall be the duty of the owners of the land abutting upon any curbs, and/or sidewalks to keep them in such repair and condition that they may not be or become dangerous to the welfare and safety of the traveling public. The Board of Supervisors, or their authorized representative, is hereby empowered to notify property owners when sidewalks and curbs are in need of repair or renewal and the repair or renewal thereof shall be made by the property owners within 30 days after said written notice is given to the said property owners. Nothing herein contained shall be construed to place the responsibility of determining when sidewalks 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 or sidewalk.
It shall be unlawful to plant and maintain any trees between curb and corresponding sidewalks. This shall not apply to any trees presently so growing. All new trees shall be planted on the side of the sidewalk away from the curb at a distance which will not interfere with the sidewalk at any time in the future.
No open gutters for conducting rain water or drainage of any kind will be permitted to run over the top of the sidewalk or curb. All underground rain conductors shall be pipe material such as cast iron, wrought iron or approved plastics, constructed under the sidewalk and through the curb to the gutter.
No persons or person, firm or corporation shall construct or repair any sidewalk, curb or gutter, without first applying for and obtaining from the Building Official of the Township of East Caln, a permit. The application for such permit shall set forth:
The full name and address of the owners of the land affected;
The name and address of the contractor, or the person to perform the work;
The precise location of the property upon which the work is to be done;
The length of the proposed project;
Site plan and construction details;
Contractor's compliance with Worker's Compensation Act of 1990, as amended, if applicable; and
Such other pertinent information as may be considered necessary.
No permit will be required for new curbing, gutters or sidewalk to be constructed in an approved subdivision which is to be installed by the developer.
The cost of obtaining a permit to repair existing curbs, gutter and sidewalks shall be as established in the fee schedule resolution adopted by the Board of Supervisors.
All curbs and sidewalks as well as all driveways over sidewalks shall be constructed of monolithic concrete. Said concrete for curbs and sidewalks shall develop a compressive strength of 3,500 pounds per square inch (psi) in 28 days and for driveways over sidewalks a compressive strength of 4,000 psi in 28 days. Certification of the concrete mix shall be furnished to the Township Building Official.
Curbs shall be made of the following specifications: The curbs shall have a depth of not less that 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 and shall rest on a compacted bed of AASHTO No. 57 crushed stone of a depth of not less than four inches.
Sidewalks shall not be less than four inches in thickness and shall rest on a compacted bed of AASHTO No. 57 crushed stone of a depth of not less than four inches. For width and location of sidewalks see § 180-9.
Mortar shall be used only in case of patching honey-combed concrete and shall be one part cement and two parts of sand or its equal.
Sidewalks shall have clean cut joints, a minimum one inch deep, every 10 feet, and expansion joints every 20 feet or less, at structures, and at the end of the day's work. Curbs shall have clean cut joints, a minimum two inches deep, every 10 linear feet, and expansion joints every 60 linear feet or less, at structures, and at the end of a day's work. Expansion joints shall be 1/2 inch wide with premolded expansion joint filler. Expansion joint material shall also be placed between any curb and driveway apron. All sidewalks shall have a float finish except that any sidewalk on a grade of 10% or greater shall have a broom finish.
Driveways over sidewalks shall be at least six inches thick and shall include six inch by six inch by 10 gauge welded wire fabric. Driveways over sidewalks shall be constructed to rest on a compacted bed of AASHTO No. 57 crushed stone of a depth of not less than four inches. Widths shall be a minimum of 10 feet for single driveways and 20 feet for double driveways except as approved otherwise by the Board of Supervisors.
All joints between curb and bituminous pavement shall be sealed with an asphalt latex crack sealer.
Any person or persons, firm, corporation or other entity constructing or repairing sidewalks curbs or gutters or planting trees in violation of any of the provisions of this article shall, upon conviction thereof before a Magisterial District Judge, be subject to a penalty of not less that $100 nor more than $1,000 for each and every offense, and costs of prosecution; and upon default in the payment of said fine and costs, shall be subject to imprisonment for a period not exceeding 90 days.
Any and all terms, conditions, specifications, or requirements of this article shall be consistent with the terms, conditions, standards and specifications as may be established by or in accordance with the American Disabilities Act or any codes, regulations, standards, specifications, administrative requirements, etc., as may be adopted by the appropriate and authorized agencies to implement the terms and conditions of said Act or any amendments thereto as may be hereafter adopted or implemented by any federal, state, or county regulatory agency as if said standards, conditions, regulations, codes or requirements were incorporated herein at length.