[Adopted 1-19-1988 by Ord. No. 878, approved 1-19-1988; amended in
its entirety 8-4-2015 by Ord. No.
1300, approved 8-4-2015]
This Part 3 shall apply when repairing and/or replacing existing
sidewalks, curbing or driveways or when installing new sidewalks,
curbing, and driveways within the Borough of East Stroudsburg. A permit
from the Borough of East Stroudsburg is required for any of the activities
noted above.
As used in this Part 3, the following terms shall have the meanings
indicated:
Any vehicle weighing more than 2,500 pounds and less than
4,500 pounds which is used for residential purposes, including passenger
cars, minivans, pickup trucks or other vehicles used for residential
applications.
An object that impedes or prevents passage, including utility
poles, fire hydrants, light standards, or any other major structure
within or on the sidewalk.
Corrective action taken on any single joint-to-joint section of a sidewalk, which surface area is less than 35% marred or broken from other portions of the sidewalk. In addition, the reseating of full portions of sections without further repair to the section shall also be considered as a repair. Sidewalk consisting of flagstone, pavers or other materials not authorized by this Part 3 for installation of new sidewalk shall not be repaired but rather replaced in ten-foot segments with sidewalk designed in accordance with this Part 3.
All sections of sidewalk which do not meet the specific criteria of repair must be replaced in total, pursuant to the design standards contained in this Part 3.
Permits shall be required from the Borough prior to any work
being performed.
A.
For disturbance, repairs, or replacements of existing sidewalk, curbing,
or driveway aprons, the applicant shall:
(1)
Submit a fully executed application form, including:
(a)
Picture.
(b)
Proof of ownership.
(c)
Description of work, which shall include a determination as
to whether the proposed work is a repair or a replacement as defined
by this Part 3.
(d)
Provision of financial guarantee, for any application for a
permit to disturb an existing sidewalk or curb, in a form acceptable
to the Borough for 110% of the cost to replace and/or repair the disturbed
sidewalk or curb. The cost of the project shall be determined by the
applicant providing two written estimates for the proposed work or
shall be established by the Borough Code Official, based on their
experience with commercial replacement of sidewalks.
(2)
Submit a plan showing proposed improvements.
(3)
Submit proof of liability insurance covering the Borough for at least
$100,000 if removal of any portion or replacement of any portion of
a sidewalk occurs.
(4)
Demonstrate compliance with ADA requirements.
(5)
Submit proof that curb or sidewalk work will not take place within
the PennDOT right-of-way. Any work within a PennDOT right-of-way will
require a permit from PennDOT. The Borough shall be supplied a copy
of the PennDOT permit prior to any work being performed.
(6)
Provide proof of compliance with Pennsylvania One Call requirements.
(7)
Provide other information as may be required by the Borough.
B.
For installation of new curb, sidewalk, and/or driveway aprons, the
applicant shall submit:
(2)
Plans, profiles, specifications signed and sealed by a professional
engineer licensed by the Commonwealth of Pennsylvania.
(3)
Copies of road opening or occupancy permit, if required.
(4)
Final approval of any subdivision plan, land development plan, issuance
of any zoning permit or driveway permit necessary for approval to
install any and all of the improvements to be encompassed by the permit,
if required.
(5)
Final approval of a stormwater management plan and/or improvements,
if required.
(6)
An approved erosion and sedimentation pollution control (ESPC) plan
and/or National Pollution Discharge Elimination System (NPDES) permit,
if required.
A.
The dimensions of sidewalks and curbs shall be as follows:
(1)
The sidewalk width shall meet Table 2 of the Subdivision and Land Development Ordinance, Chapter 140,[1] and shall remain unobstructed or unimpeded, except for utility or sign poles, or fire hydrants or other items noted in § 136-41I.
(2)
The minimum usable, unobstructed sidewalk width shall be four feet
in any location, unless an obstruction exists, in which case a minimum
of three feet shall be provided to allow for wheelchair access.
C.
Shade Tree Commission. Plans involving new shade trees or removal
or the replacing of existing shade trees shall require review and
approval by the Borough Shade Tree Commission.
A.
Sidewalk.
(1)
Excavate to the following minimum depths below finished grade (including
removal of tree roots to a depth of 14 inches below bottom of sidewalk):
C.
Install a barricade to prohibit pedestrian use. Prohibit pedestrian
use for three days after concrete placement.
D.
Any excavation which extends below the depths indicated above will
require the installation of a temporary sidewalk for at least 60 days
but not more than 90 days to allow settlement. At the end of the 60
days but no later than 90 days, the temporary sidewalk shall be removed
and replaced by a permanent sidewalk. The temporary sidewalk may consist
of concrete, blacktop, or other durable material.
A.
Any new, repair of or replacement of curb and/or sidewalk shall be
of concrete.
B.
All concrete shall be PennDOT Class A, air entrained, cement concrete
in accordance with PennDOT Publication 408, Section 704.1(b), latest
revision, which can be found online at http://www.dot.state.pa.us/Internet/Bureaus/pdBOS.nsf/FormsAndPubsHomePage?Open
FrameSet.
C.
All new finished concrete on exposed horizontal and vertical surfaces
shall receive two coats of antispalling compound, as required by PennDOT
Publication 408 or equal. Surface preparation, precautions, and application
procedures shall be in strict compliance with manufacturer's detailed
instruction. The compound shall not be applied to concrete surfaces
where the curing compound is still present.
E.
Expansion joints shall be placed in the sidewalk at right angles
to the curb not exceeding 30 feet, at all points of fixed restraint,
along the entire curb. An expansion joint shall be provided where
the sidewalk meets existing sidewalk, porches, steps, walls, walkways,
slabs or permanent building. Three-quarter-inch-thick premolded cork
or bituminous or approved equal joint material shall be used throughout.
F.
Tree plates shall be used when sufficient space cannot be provided
for installation of curb due to existing trees.
G.
All concrete installations shall be formed meeting the below:
(1)
All forms shall be made of steel or wood and shall be smooth, free
from warp, and sufficiently rigid to resist springing out of shape.
(2)
All forms shall extend for the full depth of the curb or sidewalk
to be installed.
(3)
Forms shall be held in place by stakes or rods and braces adequate
in dimension and sufficient in number to prevent movement and to withstand
the pressure of concrete.
(4)
All forms shall be thoroughly cleaned and oiled prior to pouring
concrete.
(5)
All forms shall remain in place at least 12 hours after completion
of the pouring.
Sidewalks shall be installed as follows:
A.
Subgrade must be compacted to ninety-five-percent dry density and
shall be free of water and free of any indication that water flows
through it.
B.
Any concrete poured when the atmospheric temperature is less than
40° F. shall be in accordance with PennDOT Publication 408, Section
501.3(b), latest revision.
C.
Finishing, curing, and protection of newly placed concrete shall,
at a minimum, comply with the requirements of PennDOT Publication
408. As soon as concrete is placed, it shall be struck off, screen,
and wood- or bull-floated to the specified finished cross section
and to an elevation slightly above grade so that, when satisfactorily
consolidated and finished, the concrete surface shall be at the proper
elevation and slope. Adequate time shall be allowed for excess water
to "bleed" to the concrete surface and evaporate prior to wood troweling
and final finishing (hard troweling, applying a roomed rough surface,
and edging), except that preliminary tooling of contraction joints
and edges of forms may be performed to "shove" concrete aggregate
away from the exterior surfaces and lines of construction/contraction
joints. If wet cure, the Borough of East Stroudsburg recommends that,
after finishing of the concrete is completed, "wet curing" be performed
by covering the concrete with polyethylene (four mil thick) plastic
sheeting to maintain a wet concrete surface. The sides and ends of
the plastic should be adequately secured to ensure that it stays in
place for at least three days. The plastic covering should be checked
every day that it is in place to ensure that it stays properly secured
and that the concrete surface stays wet as indicated by the presence
of moisture on the underside of the plastic. If it appears that the
concrete surface has dried, then water should be added to make the
surface wet again. Wet curing of the concrete may continue for a longer
period of time. Note that adequate curing of properly placed and finished
quality concrete results in the most durable concrete surface possible.
Also, if it is not practical or possible for the newly placed concrete
to age for a year prior to being exposed to deicing salts, then it
is recommended that a protective coating be applied to the concrete
as soon as the wet curing process ends. The protective coating shall,
at a minimum, meet the requirements of PennDOT Publication 408. One
type of protective coating consists of a 50-50% mixture of boiled
linseed oil and mineral spirits. This protective coating should be
applied in accordance with PennDOT Publication 408, and its application
is highly recommended on concrete placed after October 1.
D.
Contraction joints shall be made in the sidewalk at right angles
to the curb at intervals of no more than five feet. The contraction
joints shall be to a depth of 1/3 of the slab thickness.
E.
Expansion joints shall be cut and filled in with white caulk flush
to concrete surface.
F.
Construction joints shall be provided in all curbs at ten-foot intervals,
and where meeting existing curbing, and extending the full depth of
the curb.
G.
Finish.
(1)
The top of concrete curbs shall receive a steel trowel finish and
edged on all sides.
(2)
All walking surfaces shall have a broom finish applied transversely
to the normal walking direction. The broom finish shall provide a
scoring of the concrete of not less than 1/16 inch in depth. All sidewalk
edges shall be worked with an approved edging tool.
H.
If the proposed sidewalk and/or curb replacement results in disturbance
to an existing street corner or handicap ramp, the disturbed handicap
ramp shall be removed and reconstructed to conform to PennDOT handicap
ramp details as shown in RC-67M, latest edition.
I.
If obstructions are encountered, square openings shall be formed
around utility poles, fire hydrants, light standards, curb boxes or
any other major structure within the sidewalk. These openings shall
provide a minimum clearance of six inches outside of the structure
within the opening. Three-quarter-inch premolded expansion joint material
shall be placed around the entire opening for the full depth of the
concrete. The remaining opening shall be filled with concrete cast
as a separate block. The minimum openings shall be 24 inches by 24
inches, except for gas and water curb boxes, which shall be 18 inches
by 18 inches. Utility poles shall be wrapped in styrofoam sill seal
a minimum of 1/4 inch thick for the full depth of the concrete. All
curb boxes shall be protected, flush and free of concrete. All signs
located in the sidewalk area shall have a four-inch PVC SCH 40 sleeve
or other diameter which shall be able to accept the pole or the sign.
The sleeves shall be a minimum of nine inches long, flush with the
concrete surface.
J.
All tree roots shall be removed from under the sidewalk to a depth
of 14 inches below the bottom of the sidewalk.
K.
Sidewalks with driveway crossings shall be installed as follows:
(1)
Residential: shall be installed with concrete aprons constructed
in accordance with current PennDOT requirements as shown in "Standards
for Roadway Construction" (RC-67M), revised June 1, 2010, or latest
revision.
(2)
Commercial: shall have the option of installing blacktop driveway
with handicap ramps on both sides. Sidewalks that cross bituminous
driveways may be of the same material as the driveway but shall be
delineated by cross-hatched pavement markings or other obvious method.
A.
Pavement backfill of curb cuts shall be in accordance with the applicable
street classification of Table 3 of the Subdivision and Land Development
Ordinance.[1] Any restoration within PennDOT roads shall be per PennDOT
specifications.
B.
The area between the curb and sidewalk, if landscaped, shall be backfilled
with material consisting of soil having no stones larger than two
inches in diameter. Backfill shall be brought to the top of the curb.
The top four inches of backfill shall be free of stones larger than
1/2 inch in diameter. The surface shall be raked free of stones and
seeded with approved grass seed.
A.
All work done in accordance with this Part 3 shall be subject to
inspection and approval by an authorized representative of the Borough.
B.
The authorized representative of the Borough has the right to order
cessation of work in the event that it is being performed in violation
of this Part 3.
C.
All owners subject to the provisions of this Part 3 shall cease work
immediately upon receipt of oral or written notice by the authorized
representative of the Borough.
D.
The owner shall provide applicable concrete tests and certifications
verifying the material matches this Part 3.
A.
Face forming (pour concrete curbing against pavement) of concrete
curbing is not allowed.
B.
Bituminous material of any kind shall not be used as finished sidewalks
or to patch, repair or seal existing concrete sidewalks. This shall
include driveways that cross sidewalks. Driveways crossing sidewalks
shall meet all requirements of this Part 3. This shall not apply to
commercial bituminous driveways.
C.
No construction shall occur within a Borough street or on another
person's property without express written approval of the person(s)
whose property is affected.
A.
The Borough Property Maintenance Board of Appeals shall hear requests
for waivers from this Part 3 where it is alleged that compliance with
the provisions of this Part 3 will result in unnecessary hardship
upon the applicant. The Property Maintenance Board of Appeals may
grant a waiver, provided that the following findings are made, where
relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of Part 3.
(2)
That, because of such physical circumstances or conditions, there
is no possibility that compliance with Part 3 can be achieved and
that the authorization of a waiver is therefore necessary to enable
the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the waiver, if authorized, will not alter the intent of Part
3 nor substantially or permanently impair the appropriate use or development
of adjacent property nor be detrimental to the public welfare.
(5)
That the waiver, if authorized, shall represent the minimum waiver
that will afford relief and shall represent the least modification
possible of the regulation in issue.
B.
In granting any waiver, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Ordinances.
C.
The cost of a waiver request shall be paid in advance by the applicant
and shall be in accordance with the Property Maintenance Board of
Appeals fee schedule as set forth in the Borough's fee schedule provided
for by resolution of Borough Council.
A.
Any person who violates a provision of this Part 3 shall, upon conviction
thereof before a Magisterial District Judge, be guilty of a summary
offense and shall be liable to pay the following penalties:
(1)
First violation on a lot with no prior violations in the previous
12 months: a fine of $200 or imprisonment for not more than 30 days.
(2)
Second and each subsequent violation on a lot within a twelve-month
period: a fine of $500 or imprisonment for not more than 30 days;
(3)
For each day that a violation continues to exist after the time limit
established by the CEO, the PMBA or a judge for correction of the
violation shall constitute a separate violation for each day it continues
to occur and shall require an additional fine.
(4)
A violator of this Part 3 shall also be required to reimburse the
Borough for the costs of prosecution, including legal fees incurred
by the Borough, as well as the costs of collecting any fines or costs.
B.
The penalty provisions of this Part 3 shall not limit the ability
of the Borough to enforce other Borough ordinances and to utilize
the penalties, remedies, and procedures provided under such other
Borough ordinances and state law.
The permit fee shall be as set by the Borough in its current
fee schedule then in effect.
