[Adopted 8-5-1991 by Ord.
No. 10-91]
[Amended 7-1-2013 by Ord.
No. 05-2013]
Except as required by § 168-20 hereof, the owners of all lots and parcels of real estate fronting on any street which is now laid out and has sidewalks and curbs shall repair the sidewalks and the curbs at the edge of the sidewalks within a period of 90 days after written notification to do so by the Borough. The owners of all lots and parcels of real estate fronting on any street which is now laid out, opened and dedicated to the public use by the Borough of Boyertown, and which at the time of enactment of this article does not have a sidewalk or curb, shall construct a sidewalk and curb within a period of six months after written notification to do so by the Borough. The owners of all lots and parcels of real estate fronting on any street which hereafter is laid out, opened and dedicated to public use by the Borough of Boyertown shall construct sidewalks and curbs along such street within six months after written notification to do so by the Borough.
A.
All new sidewalks and curbs to be constructed shall be made of cement
or brick. Sidewalks shall be constructed to the full width of the
footwalk as designated on the topographical survey of the Borough,
except that on streets hereafter to be opened or on streets on which
sidewalks have not yet been laid out, the width of the pavement to
be constructed shall be at least five feet. The owner shall have the
right but not the obligation to leave a clear space of at least two
feet between the curb and pavement, which shall be planted with grass.
Curbs shall be eight inches in width and at least 22 inches in height
from top to bottom, and shall be dressed in cement on the street side
for the space of eight inches from the top. Whenever a new curb or
sidewalk is constructed or an existing curb or sidewalk is replaced
at an intersection, it must be constructed with a depressed curb ramp,
accessible to the physically handicapped. The Borough Council may
also establish such additional specification for the construction
of sidewalks within the Borough as it may deem appropriate from time
to time.
[Amended 7-6-1993 by Ord.
No. 6-93]
The slope of all sidewalks from curb to house or lot shall be
at the rate of 3/8 of an inch to the foot.
Cross drains or gutters running from house to curb shall be
12 inches in width, with a depression in the center not to exceed
1 1/2 inches, and shall have a gradual slope from sides to center.
[Amended 2-3-1992 by Ord.
No. 3-92; 4-5-1993 by Ord. No. 1-93]
It shall be unlawful for any person, whether owner or contractor,
to begin the laying or repairing of any curb or sidewalk without first
obtaining a permit therefor as herein provided. The Borough Secretary
shall issue such permit upon application filed with him, setting forth
the location of the property and the width of the sidewalk or curb
to be constructed, upon payment of the permit fee, as set forth from
time to time by resolution of the Borough Council, unless he is of
the opinion that proposed work would be in violation of law or ordinance
or that it will not conform with paving previously constructed along
such street, in which cases he shall refer such application to the
Borough Council for such action as it thinks proper. Whenever, based
on the extent of curb or sidewalk being replaced and the absence of
existing facilities showing the line and grade, it is the opinion
of the Code Enforcement Officer that line and grade must be secured
by the applicant prior to the issuance of a sidewalk/curbing permit
for the installation of sidewalk, curbing or both, the applicant shall
pay the expenses of the Borough Engineer or Surveyor for the line
and grade information at the time of the payment of the sidewalk/curbing
expenses.
All excavations made in paving, curbing or repair work shall
be properly protected by safety barriers at all times, as shall all
other work in connection therewith, and a sufficient number of flashing
safety lights shall be conspicuously placed along the property and
street upon which the work is being done, from sunset to sunrise,
so as to render it safe for the users of the sidewalks and streets.
[Amended 7-1-2013 by Ord.
No. 05-2013]
If the owner or owners of any lot or parcel of real estate fails and neglects to pave, curb or repair the sidewalk and curbing appurtenant to his or her property within the time requirements set forth in § 168-12 of this article, the Borough may cause such paving, curbing and repair work to be done at the cost of such owner or owners and shall collect the costs thereof, plus 10% additional, together with all charges and expenses, from the owner or owners. If the costs of said work plus 10% is not paid to the Borough by the owner or owners within 30 days after service of notice upon the owner or owners to pay the same, the Borough may file a municipal lien therefor, together with interest, calculated at the rate of 10% per annum from date of completion of the work, and costs, against such lot or lots or proceed to collect the same, together with interest and costs, by other appropriate proceedings.
A.
Any person who shall change or remove any stake, stone, mark or other
designation by which any grade or line is indicated or any safety
light, barrier or marker used during construction or repair, upon
conviction in a summary proceeding, shall be sentenced to pay a fine
of not less than $100 nor more than $600. Each such act shall constitute
a separate summary offense.
B.
Any person who violates any of the provisions of this article, except
as otherwise provided herein, shall be guilty of a summary offense
and, for each and every offense, shall be sentenced to pay a fine
of not less than $100 nor more than $1,000 upon conviction thereof.
Each day of violation shall constitute a separate summary offense.
[Added 7-1-2013 by Ord.
No. 05-2013]
Whenever the Council of the Borough of Boyertown authorizes
the major reconstruction or overlay of a Borough street or portion
of a street, the procedure set forth in this article shall be taken.
A.
MAJOR RECONSTRUCTION
OVERLAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Excavation of the street, or portion of street, to subgrade
depth and the complete replacement of the street coating, including
base, binder and wearing courses.
Placement of one inch average depth or more of wearing course
or leveling course.
B.
Establishment of curblines and elevations. The Borough Engineer shall
establish the curblines and elevations for all properties on both
sides of the street or portion of the street scheduled for major reconstruction
or overlay where the curbing must be replaced or repaired, as determined
by the Engineer. Such curblines and elevations shall be established
as a single operation involving all properties in need of curbing.
C.
Repair of curbing. Every property owner whose property abuts said
street or portion of street that is undergoing major reconstruction
or overlay whose curbing must be repaired or replaced shall repair
or replace the curbing within 30 days of notification, in writing,
by the Borough that said street or portion of street has been scheduled
for major reconstruction or overlay. Alternatively, said property
owner can notify the Borough that they waive their right to 30 days'
notice and authorize the Borough to repair or replace the curbing
as part of the major reconstruction or overlay of the street or portion
of the street. If the property owner waives his or her right to notice
and authorizes the Borough to perform the work, the owner shall be
billed for the costs of the work as set forth herein except the Borough
shall not charge them the additional ten-percent costs. In the event
any property owner fails to repair or replace the curbing within the
allotted time or to waive his or her right to said notice and authorize
the Borough to perform the work, the Borough or its contractor shall
repair or replace the necessary curbing at the costs of the owner
and the Borough shall collect the cost thereof plus 10%. If the costs
of said work plus 10% is not paid to the Borough by the owner within
30 days after issuance of the invoice therefor, Council may instruct
the Borough Solicitor to place a lien against the property in the
Berks County Court of Common Pleas for the cost of the repair or replacement
curbing, plus 10% additional, or proceed to collect the same, together
with interest and costs, by other appropriate proceedings. Filing
of said liens shall be in accordance with the Municipal Claims and
Tax Liens Act of 1923, May 16, P.L. 207, as amended (53 P.S. § 7101
et seq., 53 P.S. § 7143), with the accrual of interest calculated
at the rate of 10% per annum from date of completion of the work,
plus recovery of all charges, costs, expenses and attorneys'
fees incurred in the recovery of the account. If the property owner's
failure to repair or replace the curb or authorize the Borough to
do so within the 30 days causes the Borough's reconstruction
or overlay project to be delayed, the Borough may undertake the requisite
action to recover the costs of the delay from the property owner.
D.
Permits and standards. Any property owner electing to repair or replace
curbing shall obtain a permit for said work pursuant to this article.
E.
Other curbing and driveway construction. Unless otherwise ordered
by the Borough or its authorized agents, no curbing or driveway construction
shall be permitted until one year after major street reconstruction
or overlay is completed.
