[Ord. 355, 5/5/1986]
Upon direction of Council and notification in writing by the
Borough Secretary, the owner of property abutting any ordained or
dedicated street in the Borough is required to construct curb, gutters
and/or sidewalk in compliance with line and grade established by the
Borough Engineer and in accordance with PennDOT Form 408, all other
PennDOT specifications, rules and regulations, and the General Specifications
for Borough Streets. The period of time specified in such notice to
the owner of the property for the construction of the curb, gutter
and/or sidewalks shall be recommended by the Borough Engineer and
stated in such notice. The property owner shall commence construction
no sooner than 30 days after the written notification. The cost of
constructing such curb, gutter and/or sidewalk shall be paid by the
owner of the property.
[Ord. 355, 5/5/1986; as amended by Ord. 824, 3/7/2016]
1.
Sidewalks in Excess of 50 Feet. The property owner, after notification
as provided in § 401, shall obtain, provided the construction
shall be in excess of 50 feet of sidewalk, a warrant of survey from
the Borough Secretary for a fee set in accordance with the schedule
of fees established in § 403, and shall receive line and
grade from the Borough Engineer. When line and grade stakes have been
set by the Borough Engineer, they shall be protected by the property
owner affected. If the property owner does not proceed with construction
in accordance with line and grades so established and the stakes set,
within 30 days, the property owner shall procure a new warrant of
survey, and the line and grade shall be established by the Borough
Engineer. The Borough does not guarantee a line and grade as indicated
by the stakes set unless said stakes are used at once or properly
protected until used.
2.
Sidewalks Equal to or Less Than 50 Feet. The property owner, after
notification as provided in § 401, shall obtain, if the
construction shall be less than or equal to 50 feet of sidewalk, a
warrant of survey from the Borough Secretary for a fee set in accordance
with the schedule of fees established in § 403, and shall
receive line and grade from the Director of Public Works. When line
and grade stakes have been set by the Director of Public Works, they
shall be protected by the property owner affected. If the property
owner does not proceed with construction in accordance with line and
grades so established and the stakes set, within 30 days, the property
owner shall procure a new warrant of survey, and the line and grade
shall be established by the Director of Public Works. The Director
of Public Works does not guarantee a line and grade as indicated by
the stakes set unless said stakes are used at once or properly protected
until used.
[Ord. 355, 5/5/1986; as amended by Ord. 616, 4/6/1998; by Ord. 744, 6/1/2009; and by Ord.
824, 3/7/2016]
1.
Any person applying to the Borough of Fountain Hill for a warrant
of survey establishing lines and grades in connection with the construction
of curbs, gutters and/or sidewalks in accordance with § 402
shall pay to the Borough for each warrant of survey issued fees based
upon the following:
|
Type
|
Fee
| ||
|---|---|---|---|
|
Office review fee
| |||
|
For the first 50 feet
|
$100
| ||
|
For each foot in excess of 50 feet
|
$1/foot
| ||
|
Escrow:
| |||
|
Sidewalk only with no survey work/cutsheet required
|
$350
| ||
|
Curb or sidewalk requiring survey work and cutsheet
|
$800
| ||
|
Curb and sidewalk requiring survey work and cutsheet
|
$1,100
| ||
|
Handicapped ramps
|
$2,500
| ||
2.
Any fees established in this section may be revised by resolution
from time to time approved by a majority of Borough Council.
[Ord. 355, 5/5/1986; as amended by Ord. 824, 3/7/2016]
All owners of property abutting any public street of the Borough
of Fountain Hill, or abutting the sides of state highways within the
Borough limits, when constructing curb, gutter and/or sidewalk, driveways,
or crossing or passages to yards, garages or other structures, shall
perform such work in strict conformity with the plans and specifications
filed in the Borough office.
[Ord. 355, 5/5/1986; as amended by Ord. 657, 8/6/2001; and by Ord. 824, 3/7/2016.]
1.
Driveway. Any person desiring to construct private driveways from
the street to the property line shall obtain a permit from the Borough
of Fountain Hill and pay to the Borough Secretary a fee $10 for 20
feet of curb cut, plus $0.20 per foot for footage in excess of 20
feet. Plans and specifications for such work shall be approved by
Borough Council, and work shall be subject to the inspection and approval
of the Borough Engineer. Fees may be revised by resolution from time
to time.
2.
Sidewalk. Any person desiring to construct sidewalks shall obtain
a permit from the Borough of Fountain Hill and pay to the Borough
Secretary a fee of $5. This permit shall be valid for a period of
90 days from date of issue, and no work shall be done after any permit
has expired unless a new permit has been obtained. Plans and specifications
for such work must conform and be approved by the Borough Engineer,
and all work shall be subject to his inspection and approval. Fees
may be revised by resolution from time to time.
[Ord. 355, 5/5/1986]
The property owner shall deposit or show evidence of a public
liability insurance policy insuring the Borough, as well as the person
doing the work, against any loss or damage to persons or property
resulting from the acts or work being done in such amount as shall
be deemed adequate by the Borough Secretary.
[Ord. 355, 5/5/1986]
No concrete shall be deposited in the forms set by any property
owner or his contractor until the approval of the Borough Engineer,
or his agent, has been obtained.
[Ord. 355, 5/5/1986]
The property owner shall provide such barriers and lighting
devices to make the excavation safe at all times.
[Ord. 355, 5/5/1986]
If the curb, gutter and/or sidewalk have been constructed in
front of property abutting any public street in the Borough of Fountain
Hill, in accordance with lines and grades established by the Borough
Engineer, and the same are in good order and condition, no such curb,
gutter and/or sidewalk shall be required to be reconstructed.
[Ord. 355, 5/5/1986]
Upon failure of the property owner to comply with the provisions
of § 401, the Borough may lay and construct such curb, gutter
and/or sidewalk and charge the cost thereof against the property owner,
together with such penalties as may be authorized by law.
[Ord. 355, 5/5/1986]
Council may assess and collect the whole cost of sidewalk, curb
and gutter, or any part thereof, plus any engineering costs, from
the owners of the assessable frontage abutting the improvement by
an equal assessment of the front-foot basis.
If the assessment shall remain unpaid at the expiration date
of the notice, it is the duty of the Borough Solicitor to collect
the same, with interest from the time of completion of the improvement,
or by a lien to be filed and collected in the same manner as municipal
claims.
[Ord. 355, 5/5/1986]
Any person violating any provisions of this chapter shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $300 for each and every offense, to be collected
as other fines and costs are by law collectible, or shall be imprisoned
for not more than one day for each $10 of the unpaid balance of the
fine and costs. Each day during which any person violates any provision
of this chapter shall constitute a separate offense.
[Ord. 355, 5/5/1986]
The provisions of this chapter shall be severable, and if any
of its provisions shall be held to be unconstitutional or illegal,
such decision shall not affect the validity of any of the remaining
provisions of this chapter. It is hereby declared as a legislative
intent that this chapter would have been adopted had such unconstitutional
or illegal provisions not been included herein. All prior ordinances
dealing with any of this subject matter are hereby repealed, including
but not limited to Ordinances 169 and 275.
