[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.
[Amended 2-21-2018 by Ord. No. 2018-01]
A.
Maintenance and repair of sidewalks.
(1)
It shall be the responsibility of the owners of land abutting upon
any 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.
(2)
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 sidewalk.
B.
Maintenance of vegetation for public travel. It shall be the responsibility
of the owners of land abutting upon Township roadways or any sidewalks
to keep vegetation growing on their property from intruding into or
overhanging any abutting Township roadway or sidewalks such that:
(1)
The full width of the sidewalk and four feet of any abutting Township
road measured from the edge of the property is cleared of any vegetation
such that the sidewalk or abutting Township road is unobstructed by
vegetation and is available for pedestrian travel; and
(2)
All vegetation that overhangs any sidewalk or abutting Township road
is cut back and cleared to provide a minimum ground clearance height
of seven feet so that pedestrians, and persons on bicycles, may pass
below without interference.
C.
No waiver of Township immunity. Nothing in this chapter or Code shall
be construed to limit or otherwise impair East Caln Township immunities
under the Political Subdivision Tort Claims Act or other applicable
immunity law or statute.
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.
A.
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:
(1)
The full name and address of the owners of the land
affected;
(2)
The name and address of the contractor, or the person
to perform the work;
(3)
The precise location of the property upon which the
work is to be done;
(4)
The length of the proposed project;
(5)
Site plan and construction details;
(6)
Contractor's compliance with Worker's Compensation
Act of 1990, as amended, if applicable; and
(7)
Such other pertinent information as may be considered
necessary.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
All joints between curb and bituminous pavement shall
be sealed with an asphalt latex crack sealer.
[Amended 2-21-2018 by Ord. No. 2018-01]
A.
The Board of Supervisors, or their authorized representative, is
hereby empowered to notify property owners when they are in violation
of any provision of this article. Arrangements for the necessary maintenance,
repair or other appropriate action, in a manner consistent with all
applicable Township ordinances, shall be made by the property owners
and presented to the Township within 30 days after written notice
of the violation is given to the property owners.
B.
After receiving written notice of a violation of this article, any
property owner who fails to remedy the violation within the required
time period shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000
for each and every offense, together with all applicable costs of
prosecution, including reasonable attorney's fees, incurred by
the Township. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense and
each section of this article that is violated shall also constitute
a separate offense.
C.
Upon the failure of any property owner to remit payment to the Township
for any penalties assessed for violation of this article, the Township
may take such steps as are necessary to have a lien placed upon the
property for the amount of the penalty assessed, together with all
applicable costs, including reasonable attorney's fees, incurred
by the Township.
D.
In addition to the remedies set forth above, upon any property owner's
failure to timely cure the violation after receiving written notice
of the violation of this article, the Township may proceed in law
or equity to remove or abate any continuing violation of this article
and, in addition, may proceed to impose and collect the costs of such
removal or abatement, together with a penalty as set forth in this
article.
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.
