[Ord. No. 2018-2286, 4/10/2018]
[Ord. No. 2018-2286, 4/10/2018]
1.
Maintenance.
A.
The owner of a property within the Borough of Phoenixville shall
be responsible to maintain the curbs and sidewalks in a safe condition,
including on their property or wherever their property abuts a street
or alley of the Borough of Phoenixville.
B.
Curbs and sidewalks shall be maintained in accordance with the standards
referenced by this Part, other ordinances of the Borough of Phoenixville
and any additional requirements which may be issued by the Borough
Council of the Borough of Phoenixville by resolution.
2.
Other Responsibility of Property Owners.
A.
Upon receipt of a written notice from the Borough Manager, property
owners shall be required to reconstruct or repair curbs and sidewalks
wherever their property abuts a street or alley of the Borough of
Phoenixville. Said notice shall stipulate the limits of the work required
and the nature of the reconstruction or repair that is required. All
required work shall be completed by the property owner within a time
period to be stipulated by said notice, said period not to be less
than 30 days.
B.
Upon resolution of the Borough Council of the Borough of Phoenixville,
property owners shall be required to construct new curbs and sidewalks
wherever their property abuts a street or alley of the Borough of
Phoenixville. Said resolution shall stipulate the limits of the work
required. All required work shall be completed by the property owner
within a time period to be stipulated by said resolution, said period
not to be less than 60 days.
3.
Default by Property Owner.
A.
If any property owner shall fail, neglect or refuse to maintain,
construct, reconstruct or repair any sidewalk, curb or gutter within
the time stated in the notice or resolution from the Borough directing
such work to be done, the Borough shall have the authority to cause
such work to be done and to collect the cost of such work, with 10%
additional, from such property owner by municipal lien or action of
assumpsit.
[Ord. No. 2018-2286, 4/10/2018]
1.
Permit and Escrow Required.
A.
No curbs or sidewalks in or along any street or alley of the Borough
of Phoenixville may be constructed or reconstructed, whether required
by notice or by a property owner's own initiative, without a
permit being first obtained from the Borough Manager of the Borough
of Phoenixville.
B.
No curbs or sidewalks in or along any street or alley of the Borough
of Phoenixville may be performed without an escrow being provided
to the Borough of Phoenixville as security guaranteeing the performance
of pavement restorations required in said street or alley.
C.
The only exception(s) to this requirement shall be the following:
(1)
State Routes. For curbs or sidewalks within a state route, a
permit is not required from the Borough of Phoenixville. However,
any curb or sidewalk construction to or from a state route shall be
subject to authorization by the Commonwealth of Pennsylvania Department
of Transportation.
(2)
Land Development. For curbs or sidewalks that are part of a
land development plan duly approved by the Borough of Phoenixville,
a permit is not required from the Borough of Phoenixville.
2.
Permit Application.
A.
Applications for permits shall be prepared, in writing, using a blank
form furnished for that purpose by the Borough of Phoenixville and
shall contain the following minimum information: the location of the
curb and sidewalk, the type of curb and sidewalk, a dimensioned sketch
of the work (including any curb ramps), the width of the sidewalk,
cost of the work, and the dates when the proposed work will occur.
B.
Permit Fees. All applicants for permits to construct or reconstruct
curbs or sidewalks shall pay, before the issuance of said permit,
such application fees as may be set by the Master Fee Schedule of
the Borough of Phoenixville. Permit application fees paid to the Borough
of Phoenixville shall be nonrefundable.
C.
Escrow.
(1)
All applicants for permits to construct or reconstruct curbs
or sidewalks in the Borough of Phoenixville shall furnish a cash escrow
to the Borough of Phoenixville as a security guaranteeing the satisfactory
performance of the work in accordance with all requirements before
the issuance of any permit for the same.
(3)
The Borough of Phoenixville shall return the full amount of
the escrow to the applicant only after completion of the work, including
completion of all pavement restorations, and only after said work
has been inspected and certified to be satisfactory by the Borough
Manager or their designee.
3.
Issuance of Permit; Denial; Appeal.
A.
Within 30 days after receipt of such application for construction
or reconstruction of curbs or sidewalks, the Borough Manager shall
either approve the same and issue a permit therefor, provided that
the proposed construction conforms with the laws of the Borough, or
if the proposed construction does not conform with the laws of the
Borough or if upon reasonable investigation and knowledge of fact
the Borough Manager determines that the proposed construction would
constitute a traffic hazard or a hazard to the safety of pedestrians,
the application shall be denied by notice, in writing, setting forth
therein the reasons for denial.
B.
Upon receipt of notice denying the issuance of a permit, any property
owner or person adversely affected may appeal the Borough Manager's
decision within 30 days by written application to the Borough Council,
shall make inquiry into the causes for denial, shall afford all parties
an opportunity to be heard and shall subpoena witnesses and administer
oaths. Said hearing shall be held not later than 30 days after the
receipt of the application of appeal, and the Committee's decision
shall be rendered not later than 30 days thereafter, which decision
shall be final. Any person aggrieved by the decision of the Committee
shall have the right of appeal to the Court of Common Pleas as in
other cases provided.
[Ord. No. 2018-2286, 4/10/2018]
1.
All curbs, sidewalks and curb ramps within the Borough of Phoenixville
shall be designed and constructed in accordance with the following
standards:
2.
Curbs.
B.
Curb Type. In general, the reconstruction or repair of curbs shall
be designed to match the materials and patterns of the surrounding
curb and sidewalk features. For new construction of curbs, the following
requirements shall apply:
(1)
Curbs along streets or alleys of the Borough of Phoenixville
shall be concrete or granite.
(2)
Curbs on private properties or along private streets shall be
concrete, granite, or Belgian block curb.
(3)
Bituminous concrete curb is prohibited, except where authorized
in advance by the Borough Engineer.
(4)
The reconstruction or repair of a section of combination curb
and gutter shall also be combination curb and gutter, except where
other curb types are authorized in advance or directed by the Borough
Engineer.
D.
Granite Curbs.
(1)
The nominal curb reveal for granite curbs shall be six inches.
(2)
The minimum thickness and height of granite curb pieces shall
be six inches and 14 inches, respectively.
(3)
Granite curb pieces shall be set to the required line and grade
using masonry setting blocks before pouring the required concrete
foundation.
(4)
Granite curbs shall be installed with an eighteen-inch-wide
concrete foundation along the entire length of each piece. The concrete
foundation shall be a minimum of four inches thick beneath the granite
curb.
(5)
The minimum length of straight granite curb pieces shall be
three feet. At least 80% of the straight granite curb pieces shall
be six feet or greater.
E.
Belgian Block Curbs.
(1)
The nominal curb reveal for Belgian block curbs shall be six
inches.
(2)
The nominal size of Belgian block units shall be four inches
by four inches by 10 inches.
(3)
Belgian block curbs shall be installed with a twelve-inch-wide
concrete foundation. The concrete foundation shall be a minimum of
six inches beneath the Belgian block units.
(4)
Joints between Belgian block units shall be pointed with nonshrink
cement mortar.
3.
Sidewalks.
A.
The construction or reconstruction of sidewalks shall conform to
the requirements of the Phoenixville Borough Zoning Ordinance.
(1)
The measured sidewalk width shall not include the top of curb.
B.
Sidewalk Type. In general, the reconstruction or repair of sidewalks
shall be designed to match the materials and patterns of the surrounding
sidewalk features. For new construction of sidewalks, the following
requirements shall apply:
C.
The minimum area of concrete sidewalk reconstruction shall be determined
by the nearest sidewalk joints. A clean edge shall be saw cut at the
nearest sidewalk joints.
D.
All sidewalks and paths shall be constructed with a minimum width
of five feet, except where a greater width is required by other ordinances
of the Borough of Phoenixville.
E.
Sidewalk shall be constructed separately from concrete curbs, except
where monolithic construction is authorized in advance by the Borough
Engineer.
F.
Wherever a pedestrian turning movement is required on a sidewalk
or curb ramp, a landing shall be constructed, having minimum dimensions
of four feet by four feet and having a two-percent maximum longitudinal
slope and cross slope.
G.
Curb Ramps.
(1)
Curb ramps with detectable warning surfaces shall be provided
in conjunction with the construction or reconstruction of any sidewalk
or path that crosses a paved surface used by vehicular traffic.
(2)
Curb ramps shall be concrete, except where other materials are
authorized in advance by the Borough Engineer.
4.
Inspection.
A.
The applicant shall notify the Borough Manager at least 24 hours
prior to beginning work. The Borough Manager or their designee shall
have the right to inspect any portion of the work associated with
new curbs or sidewalks within the Borough of Phoenixville.
B.
Completion of work must be reported to the Borough Manager or their
designee within 24 hours thereof. The Borough Manager or their designee
shall conduct an inspection of the completed work and, if the work
is satisfactory, shall issue a certification of completion attesting
to the same. If the work is determined not to be satisfactory, then
the applicant will be required to address any deficiencies prior to
issuance of a certificate of completion or any release of escrow or
other form of security held by the Borough of Phoenixville for the
work.
5.
Corrective Action.
A.
Failure to complete the work to the satisfaction of the Borough Manager
or failure to complete the work within a reasonable time period, as
determined by the Borough Manager, shall, upon written notice to the
applicant, result in corrective action being taken by the Borough
of Phoenixville and all costs of the same being taken from the escrow
or other form of security held by the Borough of Phoenixville for
the work.
B.
If the costs incurred by the Borough of Phoenixville to perform the
corrective action exceed the amount held in escrow or other form of
security, then the applicant shall be responsible for those additional
costs.
C.
The cost to perform the corrective actions shall be in addition to
the penalties provided for elsewhere under this Part.
[Ord. No. 2018-2286, 4/10/2018]
1.
Any person, firm or corporation who or which shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs of prosecution, or, in default
of payment of such fine and costs, to undergo a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
2.
In addition to the above penalty, the Borough may proceed in manner
and form provided by law to abate any construction or proposed construction
in violation of the tests of this Part as a public nuisance.
