[Adopted 1-25-2016 by Ord. No. 1058[1] (Ch. 144, Art. I, of the 1998 Township Code)]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. I, Sidewalk Construction, adopted 11-11-1957 by Ord.
No. 240, as amended.
This article shall be known and may be cited as the "Sidewalk
Ordinance of the Township of Wilkins."
This article has been adopted in order to:
A.
Ensure that all sidewalks within the municipal corporation limits
situated within public rights-of-way which are utilized and serve
as pedestrian walkways will be adequately maintained and kept in a
state of good repair, in order to reduce or otherwise eliminate any
condition that would constitute a hazard to or result in possible
injury to the pedestrian public.
B.
Prescribe the general minimum condition or conditions which constitute
a hazard in an existing sidewalk which would require remedial action
on the part of the property owner to correct.
C.
Prescribe minimum standards and specifications for the construction
of new sidewalks or sections thereof and for the repair and/or reconstruction
of existing sidewalks or sections thereof which may be required to
be corrected under this article.
D.
Prescribe a method for the equitable administration and enforcement
of this article, including penalties for the violation thereof.
E.
Generally promote, protect and facilitate the public health, safety
and general welfare and further promote the sound development of an
important community facility.
A.
Words and phrases in the singular number include the plural and vice
versa. Words and phrases used in the present tense include the future.
The words "used for" include the meaning "designed for." The word
"shall" is mandatory and not optional. The word "abut" shall include
the words "directly across from." The word "building" shall include
the word "structure."
B.
BUILDING INSPECTOR
ENGINEER
GOVERNING BODY
HARDSHIP
LOT WIDTH
PROPERTY OWNER
SIDEWALK
SIDEWALK INSPECTOR
SIDEWALK PERMIT
SIDEWALK STANDARDS AND SPECIFICATIONS
STREET
TOWNSHIP
VIOLATION, NOTICE OF
Unless otherwise expressly stated, the following words and phrases
shall have the meanings given herein:
The individual who, in addition to other duties, shall have
responsibility for administering and enforcing the provisions of this
article.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania, duly appointed as the Engineer for the
Township.
The Board of Commissioners of Wilkins Township.
That there are unique physical circumstances or conditions
peculiar to the property and that the unnecessary hardship is due
to such conditions; and that, because of such physical conditions,
there is no possibility that sidewalks can be installed on the property
in strict conformity with the provisions of this article; and that
such unnecessary hardship has not been created by the applicant; and
that the relief granted will not alter the essential character of
the neighborhood or district in which the property is located and
will represent the minimum relief and least modification of this article.
The horizontal distance between side lot lines at the front
street property line.
The person, firm, company, corporation, or individuals who
are the owners in fee simple of property, whose name(s) appear last
in the Recorder of Allegheny County Tax Assessor's office. For the
purpose of this article, the "property owner" may also include any
individual who is a legal agent of the owner.
That portion of the street, road or highway lying within
the public right-of-way, primarily constructed for the use of pedestrians.
The Building Inspector or a duly appointed agent.
The legal permit issued by the sidewalk inspector upon application
by a property owner or his authorized agent to open, repair, replace
or extend an existing sidewalk, or any portion thereof, or construct
a new sidewalk. No work on any of the above shall commence until such
permit has been issued.
The standards and specifications for the construction, reconstruction
or repair of sidewalks contained in and hereby made a part of this
article.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, land, alley, viaduct and any other public right-of-way used
or intended to be used by vehicular traffic or pedestrians.
The Township of Wilkins.
The legal notice issued to a property owner by the Building
Official informing said property owner of any violation of the provisions
of this article or a violation or departure from the sidewalk standards
and specifications contained in this article in cases where sidewalk
construction or reconstruction has been commenced or completed.
A.
Sidewalks shall be required within the public right-of-way for all
properties abutting arterial streets in the C Commercial District
upon the transfer of ownership of property, the new development of
property, a subdivision or reverse subdivision of property, or a major
renovation of infrastructure located on the property.
C.
All sidewalk construction and maintenance shall comply with this
article.
Sidewalk standards adopted by this article shall take effect
immediately.
A.
Application. Upon submission of a sidewalk hardship appeal application
and fee to the Township Manager, and providing supporting documentation
demonstrating the allegations that strict compliance with these regulations
will result in a hardship, the hardship appeal shall be referred to
the Township Manager for an administrative investigative review, determining
whether or not a hardship, as defined herein, has been established
by the applicant. The Township Manager shall review the hardship appeal
and, if necessary, consult with any municipal staff, Solicitor or
consultants to review the hardship appeal, conveying those additional
review costs for time and expenses to the applicant. Hardship shall
be judged on a case-by-case basis and will be subject to final plan
approval by the governing body. However, such variation of the regulations
will not have the effect of nullifying the intent and purpose of the
spirit of this article. Such hardship appeals must be submitted to
the Township Manager 30 days prior to the governing body's action
on the land development application. Failure to make such appeal due
to alleged hardships prior to the governing body's action shall constitute
a waiver of any hardship then existing.
B.
Findings. Written findings regarding the hardship appeal shall be
generated by the Township Manager and forwarded to the governing body
for review and action prior to the final approval of the land development
application.
C.
In-lieu-of action. Should it be determined in the findings of the
Township Manager that there are unique physical circumstances or conditions
peculiar to the property and that the unnecessary hardship is due
to such conditions, and that, because of such physical conditions,
sidewalks cannot be constructed, the governing body may approve that
a hardship, as defined herein, does exist, and in lieu of the construction
of sidewalks, the applicant shall make payment to the Township of
a sum equal to the costs of constructing the sidewalk should the hardship
not exist, calculated at an annual bid price for sidewalks, at a per
square yard/foot multiplied by the amount of surface area of sidewalk.
Said money shall be escrowed and put into a fund known as the "Township
of Wilkins General Sidewalk Fund" and be used to fund sidewalks in
various locations in the Township as directed by the governing body.
Said findings and sidewalk fee shall be entered into the record as
part of the resolution and conditions of approval for the land development.
D.
Substitute regulations action. In the event that, upon review of
the application and supporting documentation, the Township Manager
finds that a hardship exists but there is a substitute or alternate
method or manner of complying with the regulations of this article,
then the governing body may approve the adoption of the substitute
or alternative method or manner of complying with the regulations
contained in this article. Said findings and substitute regulations
shall become part of the applicant's land development application
and site plan.
E.
Denial of hardship appeal. Upon review of the findings of the Township
Manager, the governing body may determine that a hardship, as defined
herein, does not exist, and the applicant will be required to install
sidewalks. Said findings and the location of sidewalks shall become
part of the applicant's land development application and site plan.
It shall be the responsibility of the owner of the abutting
property to keep the sidewalk, together with any portion of his property
paved and used as a sidewalk or public walk immediately in front of
his property in good order and repair and, at all times, free and
clear of all obstruction to safe and convenient passage. This shall
include keeping and maintaining such sidewalks free and clear of all
dirt, trash and similar debris, including the reasonable removal of
snow and ice, and shall also include keeping and maintaining the sidewalk
free of any merchandise, signs or other unauthorized structure or
appurtenance when the removal of the same is ordered by the sidewalk
inspector.
A.
No person, property owner, firm, corporation or public utility shall
open or remove, in part or in whole, any existing sidewalk or portion
thereof for any purpose, including the repair and/or reconstruction
of such sidewalk, until the property owner or his authorized agent
or the public utility company legally authorized makes application
and obtains a sidewalk permit from the sidewalk inspector.
B.
Prior to the issuance of any permit or the granting of any approvals
of any property on which sidewalks are to be constructed, a surety
bond or other security which, in the opinion of the Solicitor, is
legally adequate must be posted with the Township Manager, naming
the Township of Wilkins as the claimant or beneficiary, in an amount
which, in the opinion of the Township Manager, is sufficient to pay
for the entire cost of the installation of the sidewalk in the event
that the same is not properly completed by the owner, developer or
builder.
Upon being issued a notice of violation, the property owner
shall take the necessary steps to correct such violation(s) within
a reasonable period of time, but in no case shall any violation remain
uncorrected for a period of more than 20 days beyond the date of receipt
of such legal notice. Failure to comply shall subject such property
owner to any or all penalties contained in this article.
A.
If a property owner fails to comply with the requirements of a notice
of violation, the enforcing authority of the Township may serve a
written notice upon him requiring him to do what is necessary. The
notice provided for in this section may be served on the property
owner in person, by leaving the same at his place of residence or,
if he has no residence in the Township, then by posting the same on
the premises and mailing a copy thereof to the owner at his last known
address as obtained from the Allegheny County Tax Assessor's office.
B.
If such property owner fails to comply with such notice after 30
days from the date of its service, the Township's Ordinance Enforcement
Officer or a police officer shall cite the property owner for a violation
of this article.
If one or more of the following conditions, as set forth below
in Subsections A through D, is evidenced in an existing sidewalk or
portion thereof, it shall constitute sufficient notice to the property
owner that such condition(s) shall be corrected voluntarily by the
property owner by making application for a sidewalk permit and performing
the necessary work. In lieu of such action, the sidewalk inspector
may, in the course of conducting his normal duties or upon complaint,
make inspection of such condition and issue a notice of violation
to the property owner. Any property owner, agent of said owner or
legal tenant of occupied premises may request the sidewalk inspector
to authorize an inspection of a faulty sidewalk and make a determination
of the need and extent of any required repairs.
A.
The removal of all or any portion of a sidewalk panel(s) for any
reason. Any removed panel or section thereof shall be immediately
replaced to restore the sidewalk to a condition for safe pedestrian
travel.
B.
When 50% or more of a sidewalk panel(s) has cracked lines or is spalled,
weathered or deteriorated, rendering the section(s) unsafe underfoot.
This does not include hairline cracks that have not disturbed the
grade and level of the sidewalk.
C.
When one or more edges of a sidewalk panel(s) have been raised one
inch or more along 50% or more of its length above an adjacent panel
at grade level, whether such defect has been caused by frost section,
root growth, cracking or actual breaking.
D.
When a sidewalk panel or adjacent panels have sunk below or tilted
above or below the general original grade more than one inch out of
level of the general grade of the balance of the sidewalk.
When a hazardous condition exists in a sidewalk and/or a sidewalk
permit or notice of violation shall have been issued, the property
owner and/or contractor shall provide for the following minimum warning
procedures and devices:
A.
Prior to beginning actual work, if a sidewalk condition exists which presents a particularly hazardous condition, a suitable barrier and/or warning signs shall be placed at the sidewalk section where the danger exists. This may include night lighting (see Subsection C) if work cannot be commenced immediately.
B.
During the workday when actual repair or construction work is underway,
a suitable pathway shall be maintained around the work area to allow
free and clear pedestrian travel. Preferably, such pathway should
be provided for around the inside of the work area as opposed to the
street side, unless an adequately barricaded pathway is provided.
C.
At the end of the workday, newly poured concrete shall be adequately
covered, suitable barricading shall be erected (portable or semipermanent),
and the required pathway shall be free and clear of obstructions and
suitable warning lighting placed which shall be illuminated between
dusk and sunrise of the following day. Suitable lighting shall include,
but need not be limited to, two standard red-globed kerosene lanterns,
battery-operated blinking reflectors and/or electric lighting.
D.
In cases where construction work is underway adjacent to the proposed
sidewalk construction area, the required pathway shall be a suitably
constructed semi-open passageway (Safway type) that affords safe separation
from the adjacent building site along its entire length and overhead.
This type of passageway shall be inspected and approved by the sidewalk
inspector.
A.
Commercial. Sidewalks shall be placed on grade abutting the rear
of the curb. If no curbs exist, the owner shall install curb to prevailing
specifications prior to installation of the sidewalk.
B.
All other. Sidewalks shall be placed on grade at a uniform distance
from the curb as recommended by the Planning Commission and approved
by the governing body. The intent is to have a uniform, aesthetically
pleasing expanse of sidewalk parallel to the curb.
During the construction period, all excavated concrete pieces,
old fill material and/or earth shall be temporarily stored at a point
suitably removed from the sidewalk area and any required pedestrian
pathway or passageway. This shall also include the similar storing
of all construction materials, i.e., wood or metal forms, concrete
bags, sand, gravel, etc., including concrete boxes or mixers. In no
case shall any of these materials be left at the curbline or in the
street gutter overnight. All such materials shall be completely removed
at the time of final cleanup.
A.
This work shall consist of constructing cement concrete sidewalks
in accordance with these specifications and within reasonably close
conformity to the lines, grades and dimensions shown on the drawings
or established by the Engineer.
B.
Minimum size requirements.
(1)
Along residential streets. Sidewalks along minor residential streets
shall be a minimum of four feet in width; and on residential collector
streets, the minimum shall be increased to five feet.
(2)
Along commercial streets. Sidewalks along minor streets shall be
a minimum of four feet in width. On all other higher-classification
streets, including arterial streets, the minimum shall be increased
to five feet.
Materials shall be as follows: Section 704 (please refer to
PennDOT Publication 408, current edition), Class A, cement concrete,
other materials and aggregate. In general, concrete utilized shall
be air-entrained and shall develop a compressive strength of 3,000
psi at 28 days as per these specifications.
A.
The Township Engineer shall review and provide comments on all sidewalk
permit applications. The Township Engineer shall review and monitor
sidewalk construction as requested by the Township Manager in writing.
Where indicated, material and construction requirements shall be as
specified in the Pennsylvania Department of Transportation (PennDOT)
Publication 408 and Standard Drawings. Section and drawing reference
numbers are current as of the date of this article.
B.
Preparation of foundation. The foundation for the sidewalk subbase
shall be formed at a depth of eight inches below and parallel with
the finished surface of the sidewalk, unless otherwise indicated on
the drawings or specified. Unsuitable material shall be removed and
replaced with approved material, and the foundation shall be thoroughly
compacted and finished to a firm, even surface.
C.
Placing aggregate for bed. The approved aggregate shall be spread
on the prepared foundation to form a compacted bed four inches in
depth, unless otherwise indicated on the drawings or specified. This
material shall be thoroughly compacted. Satisfactory outlets for draining
the subbase shall be provided where this type of drainage structure
is required.
D.
Forms. Forms shall be of wood or metal, straight, free from warp
and of sufficient strength when staked to resist the pressure of the
concrete without springing. If wood, they shall be nominal two-inch
planks surfaced on the inside and the top, or if metal, they shall
be of approved section. Forms shall have a depth equal to the depth
of the concrete and shall be thoroughly cleaned and oiled before concrete
is placed against them. Forms that are worn, bent or damaged shall
not be used.
E.
Joints. Sidewalks shall be constructed in separate slabs not more
than 30 feet in length, except for closures. These slabs shall be
separated by transverse premolded expansion joint filler, 1/2 inch
in thickness, for the full depth of the concrete. Transverse premolded
expansion joint filler shall also be placed adjacent to existing structures
where directed. The slabs between expansion joints shall be divided
into blocks not more than six feet in length by scoring transversely.
Where the slabs are more than six feet in width, they shall be scored
longitudinally in the center. Transverse and longitudinal scoring
shall extend for a depth of at least 3/8 inch into the concrete slab.
In the case of large areas of new concrete walks, the transverse and
longitudinal scoring shall extend to a depth of at least 1/5 the thickness
of the concrete slabs. Premolded expansion joint filler, 1/2 inch
in thickness for the full depth of the concrete, shall be placed longitudinally
where the sidewalk slab is to be constructed in contact with curbs.
Where existing light standards, poles, fire hydrants, trees and similar
structures are within the limits of the sidewalk area, the concrete
around such structure shall be separated in a block eight inches wider
than the maximum dimension of the structure at the sidewalk elevation.
In the case of trees, two rows of blocks at least four inches wide
shall be placed. Prior to placing the concrete around such structures,
premolded expansion joint filler, 1/2 inch in thickness, shall be
placed around the structure for the full depth of the concrete in
the sidewalk.
F.
Placing concrete.
(1)
The concrete shall be proportioned, mixed and placed in accordance
with specifications for Section 704, Class A concrete. The concrete
shall be four inches in depth, unless otherwise indicated on the drawings
or specified. In commercial districts, the concrete shall be six inches
in depth and include 6/6 x 6/6 reinforcement. The concrete shall be
struck off, finished and tested, except that manual operations may
be permitted by the Engineer. Unless otherwise directed, an edger
having a one-fourth-inch radius shall be used for edging all joints.
The concrete shall be cured and protected in accordance with the latest
Pennsylvania Department of Transportation Section 501.3(N) specifications.
(2)
At residential driveways, the concrete shall be six inches, including
6/6 x 10/10 wire mesh reinforcement placed 1 1/2 inches above
the base of the concrete. In commercial and industrial district driveways
and alleys, the concrete shall be seven inches, including design-required
wire mesh and/or reinforcement base.
G.
Removal of forms. Side forms shall not be removed within 12 hours
after the concrete has been placed. After removal of the forms, minor
honeycombed areas shall be filled with mortar composed of one part
of cement and two parts of fine aggregate. Major honeycombed areas
will be considered as defective work and shall be removed and replaced.
H.
Backfilling. After the concrete has cured for a period of not less
than 72 hours, the spaces adjacent to the sidewalk shall be backfilled
with approved material, which shall be thoroughly compacted to the
required elevation and cross section.
I.
Curb ramps.
(1)
As required, construct cement concrete sidewalk for curb ramp configurations
as indicated in the PennDOT Standard Drawing RC 67M, or current edition
thereof, except for the detectable warning surface at the bottom of
each ramp. Construct the detectable warning surface as specified in
Section 695 of PennDOT Publication 408, current edition.
(2)
Create a slip-resistant, textured surface for the full width and
length of the curb ramp and any side flares, excluding the detectable
warning surface. Use a coarse, stiff-toothed broom to create a textured
pattern that is worked perpendicular to the slopes of the curb ramp.
(3)
Shape rounded edges instead of sharp, angled edges while the concrete
is still plastic for all slope changes of the curb ramp, especially
where the top of the curb ramp meets adjacent sidewalk surfaces.
(4)
Embed the detectable warning surface in fresh, wet concrete at the
proper location for the curb ramp before the wet concrete has set.
J.
Final cleanup. Upon the completion of all work items, removal of
forms and final inspection and approval where required, the property
owner or contractor shall remove all dirt, trash, debris, unused materials
and other appurtenances from the sidewalk and surrounding work area
and leave the same in a clean and usable condition.
This article may be amended from time to time, in whole or in
part, by action of the governing body. All such amending ordinances
shall be prepared by the Township Solicitor with the advice of the
sidewalk inspector. Notice of such amendment shall be published at
least once in one newspaper of general circulation in the Township
not more than 60 nor less than seven days prior to passage. Publication
of any proposed amendments to this article shall include either the
full text thereof or the title and a brief summary prepared by the
Township Solicitor setting forth all the provisions in reasonable
detail and a reference to a place within the Township where copies
of the proposed ordinance may be examined. All other publication requirements
set forth in the First Class Township Code shall be complied with.
In the case of any sidewalk hereafter erected, constructed,
reconstructed, altered, repaired or maintained in violation of this
article or any ordinance or regulation made under authority conferred
hereby, the legislative authority or other proper official may, in
addition to other remedies contained herein, institute any appropriate
action or proceeding to prevent, remove or correct such violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense. All fines collected for the
violation of this article shall be paid over to the general fund of
the Township.
The fee for a general sidewalk permit shall be set forth in
a resolution adopted by the governing body.
In the interpretation and application of the provisions of this
article, they shall be held to be the minimum requirements for the
use, maintenance, repair, construction or reconstruction of sidewalk
and are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances; provided, however, that when this article
imposes greater restrictions or requirements regarding sidewalks,
the provisions of this article shall prevail.
