[Adopted 12-6-1979 by Ord. No. 360 (Ch. 19, Part 2, of the
1973 Code of Ordinances)]
The following words, when used in this article, unless the context
clearly indicates otherwise, shall be defined as follows:
The Borough of Kenhorst.
The Council of the Borough of Kenhorst.
The Engineer of the Borough of Kenhorst.
The Manager of the Borough of Kenhorst.
The Building Inspector as appointed by the Borough Council
of the Borough of Kenhorst or, in his absence, the Borough Engineer
or Borough Manager.
The area between the street curbline and the right-of-way
line of a street as shown on the topographical survey, recorded subdivision
plan or as established by ordinance.
As defined in Chapter 410, Subdivision and Land Development, of the Code of the Borough of Kenhorst (see § 410-39). It includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Included is all the land between the street right-of-way lines, whether improved or unimproved. "Street" may comprise pavement, shoulders, gutters, sidewalks, division strips, or other areas within the street right-of-way lines.
[Amended 12-1-2005 by Ord. No. 498]
A.
The grading of sidewalk areas and the construction and repairing
of sidewalks, curbs, and driveway entrances along and in the streets
of the Borough shall be done by the owner or owners of the lot or
lots abutting thereon in accordance with the lines and grades as established
by ordinance, as shown on the topographical survey of the Borough,
or as shown on recorded subdivision plans and in accordance with the
provisions of this article.
B.
It is hereby declared unlawful for any person, firm, corporation,
or other entity to grade any sidewalk area, construct or repair any
sidewalk, curb, or driveway entrance within the Borough except in
compliance with the provisions of this article.
C.
Any person, firm, corporation, or other entity desiring to grade
any sidewalk area or to construct or repair any sidewalk, curb, or
driveway entrance shall first obtain a permit therefor from the proper
official of the Borough for issuing the aforesaid permit only after
the following conditions have been satisfied:
(1)
The filing of a written application with said Borough official upon
such form as approved by Council setting forth the location, purpose,
and description of the improvement.
(2)
The approval of said application by the Inspecting Officer.
(3)
The payment of an established fee in accordance with a fee schedule
adopted by resolution shall be paid to the aforesaid Borough official
at the time of filing the written application.
(4)
In all cases of new construction of curb, sidewalk, or driveway entrance,
or resetting any curb, sidewalk, or driveway entrance, in excess of
10 feet in length, and in the case of any other type work as specifically
requested by the applicant, the Borough Engineer or Borough Manager
shall furnish applicant with necessary lines and/or grades, the cost
of which, in accordance with a fee schedule adopted by resolution,
shall be paid by the applicant to the proper Borough official at the
time of filing the written application.
D.
A permit shall be effective for a period of 90 days from the date
of issuance and may, prior to expiration of the original or renewal
period, be renewed by the proper Borough official for a period of
90 days by the person, firm, corporation, or other entity to whom
the original permit was issued, providing that reference points have
not been disturbed or destroyed. When reference points have been disturbed,
they shall be reestablished at the applicant's expense.
E.
The form of application and permit shall be adopted from time to
time by Borough Council by resolution. A copy thereof shall remain
on file at the Borough office.
F.
From time to time, Borough Council shall, by resolution, adopt details
and specifications for the construction and repair of curbs, sidewalks,
and driveway entrances, which shall remain on file and available at
the Borough office.
G.
All sidewalk areas shall be graded, and all sidewalks, curbs and
driveway entrances shall be constructed, reconstructed, or repaired,
all to be in conformance with the most recent details and specifications
adopted by Council. On neglect or refusal by the owner or owners of
the abutting lot or lots to grade any sidewalk areas, to construct
or repair any sidewalk, to construct, set, reset, or repair any curb
or driveway entrance, within 60 days after notice so to do from the
Borough through its proper officials, or longer time established by
the Council, said Council shall cause the same to be done and shall
collect from said owner or owners of the lot or lots the cost thereof
as provided for in the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
H.
Straight curb shall be constructed in all areas where new curbing
construction is required.
I.
All curbs, gutters, combination curbs and gutters, sidewalks, and
front or rear retaining walls, shall be constructed only on the grades
and upon the lines furnished by the Borough Engineer. All separate
curbs shall be not less than seven inches thick at the top and not
less than eight inches thick at the bottom and shall not extend less
than 20 inches in depth from the top of the finished curb. All separate
gutters shall be not less than 24 inches wide and eight inches thick.
In all cases, the depth of the gutter from the top of the curb to
the flow line of the gutter shall be eight inches. The outside edge
of all sidewalks shall be set back three feet from the inside of the
curb and all sidewalks shall be not less than five inches in thickness.
Sidewalks shall have a minimum width of four feet. Notwithstanding
anything to the contrary contained in this article, all sidewalks,
curbs and gutters must conform as to size with previously constructed
sidewalks, curbs and gutters on the same block. The outside edge of
all other retaining walls shall be two feet or more in the back of
the alley line as established on the topographical survey of the Borough
of Kenhorst and shall be constructed of such height and thickness
as shall be approved by the Borough Engineer. All curbs, gutters,
combination curbs and gutters, and sidewalks shall be constructed
of concrete with a minimum strength of 3,000 PSI. All sidewalk areas
shall have a one-fourth-inch pitch per foot.
[Amended 6-1-2017 by Ord.
No. 584]
J.
Sidewalk areas not graded, or sidewalks, curbs, and driveway entrances
not hereafter laid in conformity with the provisions of this article
and with the established grades and lines shown on the topographical
survey of the Borough, on recorded subdivision plan, or as set forth
by ordinance are hereby declared to be nuisances and must be taken
up and regraded and/or relaid according to the provisions of this
article within 60 days after notice to the owner or owners so to do
by Borough Council. Upon failure of said owner or owners thereof to
regrade grade said sidewalk area and/or relay said sidewalk, curb,
or driveway entrance within the time stipulated, Borough Council shall
cause the same to be done in the manner herein provided, and Borough
Council shall collect the cost thereof from the owner or owners of
the lot or lots as provided in the Borough Code.
K.
Sidewalks, curbs, and driveway entrances which do not comply with
the most recently adopted details and specifications shall not be
permitted to be repaired if:
(1)
In the case of curbings, more than 20% of any scored section must
be replaced, then the curb shall be sawed and the entire section replaced,
with expansion joints placed at both ends of the section. The type
of curbing to be used in replacement shall be straight unless a curb
and gutter combination is authorized by the Inspecting Officer.
(2)
In case of concrete sidewalks, more than 20% of the area of any scored
block requires replacement, then said concrete block shall be replaced
in its entirety; provided, however, where a portion of such a concrete
block is removed for installation or repairs to utilities, then said
block shall be replaced in its entirety.
(3)
In the case of concrete driveway entrances, more than 20% of the
total area requires replacement, then the entire area shall be replaced.
L.
Should a sidewalk, curb, or driveway entrance become, in the opinion
of Borough Council, a dangerous condition, notice shall be given to
the owner or owners of the lot or lots abutting thereon to replace
the sidewalk, curb and/or driveway entrance with the material prescribed
in the then-applicable details and specifications. Upon his, her,
its, or their failure so to do within 60 days or longer time as established
by the Council after notice from Borough, Council shall cause the
same to be done in the manner herein provided and shall collect the
costs thereof from the owner or owners of the lot or lots as provided
in the Borough Code.
M.
No surface gutters are permitted on newly constructed sidewalks unless
authorized by the Inspecting Officer. All drains shall be installed
under sidewalk areas in conformance with the details and specifications
adopted by Council.
N.
No material shall be placed in the cartway area adjacent to curb
or driveway entrances which shall, in any way, impede the flow of
stormwater runoff in the cartway area of the street.
O.
When curb or driveway entrances are constructed or repaired and where
no cartway paving exists, all areas of excavation within the cartway
area shall be backfilled with Pennsylvania Department of Transportation
No. 2RC aggregate material to the grade of the existing adjacent roadway.
Where the cartway was paved, the excavated area shall be backfilled
with Pennsylvania Department of Transportation No. 2RC aggregate material
and the base course and surface course of paving restored in kind.
P.
Curbs and sidewalks shall be constructed in any area where, in the
opinion of Borough Council, pedestrian traffic, inadequate sight distances
or other potentially hazardous conditions indicate the need, for public
safety reasons.
Q.
Where curb grades meet at an intersection, sidewalk slope may vary
between a minimum of 0.005 feet per foot and maximum of 0.04 feet
per foot. Change in slope back to the standard 0.02 feet per foot
shall be accomplished in a distance equal to three times the sidewalk
width during any construction, design or repair.
[Added 6-1-2017 by Ord.
No. 584]
[Added 6-1-2017 by Ord.
No. 584]
The Borough Council requires that any and all property owners that front on or touch sidewalks or curbs, regardless of whether such sidewalks or curbs lie with Borough or Commonwealth right-of-way, to care for and maintain such sidewalks to the standards set forth in this Article IV of the Code of Ordinances in perpetuity and failure to maintain the same shall subject such property owner to the penalty provisions of § 404-22 of the Kenhorst Borough Code of Ordinances or any other remedy available in law or in equity. Attached hereto are all sidewalk repair criteria and depictions of the same. In the case of all such repairs, the property owner shall obtain a permit from the Borough and make all such repairs according to the requirements set forth on Exhibit "A,"[1] which is incorporated herein as if more fully set forth.
[1]
Editor's Note: Said Exhibit A is included as an attachment
to this chapter.
A.
All subsurface rain water conductors shall be placed in such a manner
that the top of the pipe will be four inches from the top of curb
and scored vertically to the center line of pipe.
B.
All utility lines affected by the work shall be raised and/or lowered
to proper elevation. All legal requirements of the Commonwealth of
Pennsylvania for notification to utility owners shall be complied
with.
C.
All traffic signs and street name signs removed during construction
of concrete curb, sidewalk, and/or driveway entrances shall be replaced
by the person, firm, corporation, or other entity performing the construction.
Any person, firm, corporation, or other entity applying for
any permit under this article shall indemnify the Borough against
all liability of whatever nature, excepting only that of the Borough,
arising during the performance of work for which a permit is granted
whether or not the said liability arises as a result of the negligence
of the person, firm, corporation, or other entity to whom the permit
was issued.
[Amended 12-1-2016 by Ord. No. 582]
Notwithstanding anything hereinabove set forth in this article, whenever the provisions of this article shall be inconsistent with the provisions of Chapter 410, Subdivision and Land Development, as from time to time are in effect, then in such event the provisions of the more restrictive or stringent ordinance shall prevail and be applicable.
