[Adopted 10-2-1973 by Ord. No. 159 (Ch. 21, Part 1, of the 1990 Code
of Ordinances); amended in its entirety 10-11-2016 by Ord. No. 387]
For the purposes of this article, the following terms, phrases
and words shall have the meanings given herein:
The Official Map authorized by this article and approved
by Borough Council, showing the locations of the Borough upon which
sidewalks, curbs, gutter and surface drains must be installed in accordance
with this article, and which shall be updated when Council approves
an ordinance laying out additional sidewalks, curbs, gutters and surface
drains.
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
The governing body of the Borough.
The person appointed by Borough Council by resolution to
administer and enforce this article or other person(s) designated
from time to time to perform duties of the Borough Sidewalk Inspector.
Any person vested with ownership, legal or equitable, sole
or partial, of any lot.
The Department of Transportation of the Commonwealth of Pennsylvania,
or any successor agency thereto.
Any individual, partnership, company, association, corporation
or other legally recognized entity, and the members of such partnership
or association and the officers of such corporation.
Any property physically fronting on or adjoining the street,
regardless of what the reversion rights in the street may be and regardless
of where the lot lines may be in relation to the street. The term
shall not be interpreted to place any responsibility for the construction,
repair or maintenance of any portion of sidewalk, curb, gutter or
surface water drain on the owner of a neighboring property or any
person other than the owner of the property fronting such portion
of a right-of-way.
The Borough may, by ordinance, lay out and establish sidewalks,
curbs, gutters and surface water drains along any street and, with
the consent of PennDOT, along any state highway. The current, approved
Adamstown Borough Sidewalk Map will serve as the Official Map identifying
those streets in the Borough where sidewalks are required.
Upon the enactment of an ordinance requiring the installation
of sidewalks, curbs, gutters and/or surface water drains along one
or more identified streets and/or highways, the Borough Sidewalk Inspector
shall serve written notice upon the owners of property abutting a
public street of such streets and/or highways within the Borough to
construct sidewalks, curbs, gutters and/or surface water drains along
the entire frontage of their respective properties within 180 days
after receiving notice in writing from the Borough Sidewalk Inspector.
Upon receipt of such notice, the owner of such property abutting a
public street shall construct the sidewalk, curb, gutter and/or surface
water drain in accordance with the specifications set forth in this
article.
All sidewalks and curbs shall be laid and set to the established
grade line, curbline and sidewalk width which shall be furnished upon
application by the Borough Engineer or Borough designee. The grade
and location of curbs and sidewalks shall be as determined by the
Borough Engineer or other appointed Borough designee.
All sidewalks and curbs shall be of concrete construction of
a composition of cement, sand and stone in the following proportions
by volume: one part cement, two parts sand, and three parts stone.
All sidewalks within the Borough shall be constructed and/or
reconstructed in accordance with the following specifications as shown
in drawing format in Appendix A hereto:
A.
A base consisting of a minimum of four inches of No. 2B stone, tamped
in place by means of mechanical compaction, shall be provided. At
the discretion of the Borough Engineer or Borough designee, an alternative
base may be provided.
B.
All new and reconstructed sidewalks shall have a minimum thickness
of four inches of concrete. Where the sidewalk crosses a driveway,
the minimum thickness shall be six inches of concrete and shall include
six-by-six, 10-gauge wire mesh reinforcing. All concrete shall have
a minimum strength rating of 3,500 pounds per square inch. All new
sidewalks shall be constructed to have a minimum width of four feet
unless a greater width is required by the provisions of any other
applicable ordinance, regulation or plan approval. Sidewalks which
are to be reconstructed shall be reconstructed to the width existing
prior to the reconstruction.
C.
All sidewalks shall be constructed with a uniform slope from the
back edge of the sidewalk toward the curbline with a fall of 3/8 inch
per foot, unless a different grade is established by the Borough Engineer
or Borough designee. The surface of the sidewalk shall be broom-finished,
with joints not more than five feet apart.
D.
Prior to the pouring of any concrete, a sidewalk construction inspection
shall be made by the Borough Engineer or Borough designee, who shall
check the forms for width, slope and depth. The width of the grass
strip, where applicable, shall also be checked. The owner or developer
shall notify the Borough at least 24 hours in advance in order to
ensure that inspection can be done before the pouring of concrete.
E.
In new developments where straight curb is installed, the curb shall
be depressed at all intersections to provide for the installation
of ADA-compliant ramps. The ramps shall be installed according to
the PennDOT specification N. RC-67, as amended or changed. The minimum
opening at the depressed area shall be five feet.
F.
A handicap access shall be provided whenever an existing curb radius
is removed or replaced.
G.
The placing of poles, posts, signs or facilities within the area
between the border of the public right-of-way and the curbline shall
be subject to the prior approval of Borough Council. On all streets
where courts or open spaces are permitted for the planting of grass,
the court or open space shall be kept level, shall conform to grade,
and shall be free from any obstruction, fence, railing, bench, hedge
or bush.
All curbs shall be constructed in accordance with the following
specifications, as shown in drawing format in Appendix A hereto:[1]
A.
All newly constructed or reconstructed curbs shall not be less than
18 inches in depth as measured from the top of the curb to the base
thereof and shall be eight inches wide at the base and seven inches
wide at the top. All newly constructed curbs from the gutter grade
line to the top thereof shall be a uniform height of eight inches,
with a width of eight inches at the base, tapering to a width of seven
inches at the top of the curb, the outside top edge being rounded
to a three-fourth-inch radius. A one-half-inch bituminous expansion
joint shall be provided at least once every 25 feet of curb.
B.
All newly constructed or reconstructed rolled curbs shall be 12 inches
in depth as measured from the top of the curb to the base thereof
and 24 inches in width.
C.
All newly constructed or reconstructed slant curbs shall be not less
than 16 inches in depth as measured from the top of the curb to the
base thereof and shall be 14 inches wide at the base. All newly constructed
curbs from the gutter grade line to the top thereof shall be a uniform
height of 1 1/2 inches. A one-half-inch bituminous expansion
joint shall be provided at least once every 25 feet of curb.
D.
Where fill is required, the same shall be of a clean No. 2B stone
base for the full width of the curb.
E.
Where a particular type of curb has been constructed, the same type
of curb construction shall be continued.
F.
Notwithstanding any of the aforementioned requirements in this section,
all repairs or new construction need to conform to existing grades.
[1]
Editor's Note: Appendix A, Standard Specifications, is attached to this chapter.
A.
A plot of ground of 24 inches in width and planted in grass or sod
shall be maintained between the curb and sidewalk on all new streets
and highways within the Borough.
B.
On existing streets and highways within the Borough which do not
contain a plot of ground 24 inches in width, the plot of ground existing
between the curb and sidewalk shall be maintained at the existing
width and shall not be changed or altered in any respect without the
direction or approval of Borough Council.
C.
No obstruction, such as fences, railings, benches, hedges or bushes,
shall be maintained in the plot between the curb and the sidewalk.
D.
For both new and existing streets, all plots of ground between the curb and the sidewalk shall be planted with grass and sod; provided, however, shade trees may be planted in accordance with Subsection E herein. The use of materials other than grass and sod in the plot between the curb and sidewalk, such as asphalt, bricks, slate, stone, pebbles, shrubs and other vegetative matter is prohibited, subject to the provisions of Subsection E below.
E.
Shade trees may be planted in the plot between the curb and sidewalk,
so long as the shade tree is species approved by Borough Council and
the tree is planted at an adequate distance from existing shade trees
so as not to cause interference of the root system or branches. A
list of approved species of shade tree will be made available upon
request at the office of the Borough Secretary. If shade trees have
been planted in the plot between the curb and the sidewalk, heavy
mulch, ornamental flowers and vegetative ground cover, none of which
shall exceed 12 inches in height, may be placed or planted at the
base of the shade tree, provided that such cover does not encroach
on the adjacent street or sidewalk.
All driveway approaches within the Borough shall be constructed
and/or reconstructed in accordance with the following specifications
as shown in drawing format in Appendix A hereto:[1]
A.
Residential driveway approaches shall have a minimum of 10 feet per
opening or space and a maximum of 24 feet. No driveways are permitted
within 30 feet of an intersection.
B.
From the back of the sidewalk to the curb, the entrance ramp or approach shall be constructed of concrete and shall comply with all requirements of § 257-8 of this article where the driveway crosses the sidewalk.
C.
Prior to the placing of a drive approach, the owner or developer
shall notify the Borough in order that an inspection may be conducted
by the Borough Engineer or Borough designee. Any drive approach placed
to enter a state highway shall require a PennDOT highway occupancy
permit.
[1]
Editor's Note: Appendix A, Standard Specifications, is attached to this chapter.
In addition to adherence to the conditions set forth in § 257-11, commercial or industrial driveway approaches, unless otherwise approved by Borough Council, shall have a maximum width of 28 feet.
Open storm drainage gutters across sidewalks shall not have
a depth of more than 1/2 inch for a nine-inch width. Covered gutters
shall be of adequate size PVC, steel or ductile iron pipe with a minimum
three-inch diameter, cast in the sidewalk concrete, or if plate-covered,
an adequate thickness of checker or nonslip steel plate shall be anchored
by removable fasteners to the concrete for easy cleaning. In all cases,
the discharge point of gutters or pipes shall be a minimum of one
inch above the street grade at the gutter line. All pipes cast in
the sidewalk shall have a minimum 1.5 inches of cover and shall have
a troweled control joint in the surface along the length of the pipe.
The grading, installation and or repairing of all sidewalks
and curbs within the Borough shall comply with the requirements herein
set forth and shall be done by and at the expense of the owner or
owners of the property abutting a public street on the portion of
right-of-way fronting thereon.
Owners of property abutting a public street shall keep sidewalks,
driveway approaches and curbs in the area fronting on their property
in a safe and usable condition. This responsibility shall include,
but not be limited to, the following:
A.
Each owner of property abutting a public street shall keep sidewalks
free and clear of leaves, snow, ice and all other materials or obstructions
that might cause inconvenience or injury to pedestrians.
B.
Each owner of property abutting a public street shall repair sidewalks
or curbs so that such sidewalks and curbs shall be maintained in a
condition which complies with all requirements of this article. Reconstruction
of sidewalks and/or curbs must conform to the specifications set forth
as shown in drawing format in Appendix A hereto.[1]
[1]
Editor's Note: Appendix A, Standard Specifications, is attached to this chapter.
C.
Spalled surfaces shall be cleared of all loose, flaking or yielding
areas to expose stable concrete and resurfaced with a sand-and-cement-based
resurfacing material which includes a bonding agent. If stable concrete
cannot be established, the affected section shall be replaced in conformance
with the specifications set forth in this article as shown in drawing
format in Appendix A hereto.
D.
In the event that the existing sidewalk is brick, and subject to
review and approval by Borough Council, the brick may be reset to
the appropriate grades using the existing brick and allowing for replacements
of any damaged or otherwise unusable pieces. In the event that the
existing sidewalk is bituminous paving, the replacement sidewalk shall
comply with the provisions of this article to construct concrete sidewalk,
unless otherwise approved by Borough Council.
E.
Prior to the sale or other transfer of a lot, the owner of the property abutting a public street shall comply with the inspection requirements of § 257-16 herein and shall complete all repairs necessary to bring the sidewalk, driveway approach and curb into compliance with all requirements of this article in accordance with the report prepared by the Borough Sidewalk Inspector. If the property abutting a public street is a corner lot, the Borough will ensure, at its expense, that existing handicapped ramps meet all specifications of the American National Standards Institute.
A.
Any person desiring to sell or otherwise transfer a property abutting
a public street upon which sidewalks and/or curbs are required to
be installed shall obtain an inspection of the sidewalks, driveway
approach and curbs by the Borough Sidewalk Inspector and shall make
all repairs which the report of the Borough Sidewalk Inspector states
are necessary to bring the sidewalks, driveway approach and curbs
into compliance with the requirements of this article prior to recording
of any deed for the lot, subject to the following terms and conditions:
(1)
If
weather conditions will not permit the completion of the repairs prior
to the recording of the deed, the seller or transferor shall demonstrate
to the Borough that a contract has been entered into for the repairs,
which will be completed as soon as the weather conditions permit.
Such contract shall have a date certain by which the contractor shall
complete all required repairs. Each day after the repairs are to be
completed shall constitute a separate violation of this section.
(2)
Sufficient
funds will be placed in escrow at settlement to assure completion
of required repairs.
B.
Property abutting a public street for which sidewalks and/or curbs
are required to be installed shall be subject to inspection of the
property's sidewalk, curb and driveway approach by the Borough Sidewalk
Inspector on the occurrence of any of the following events:
(1)
A written complaint being filed concerning the condition of the sidewalk,
curb or driveway approaches when such complaint is determined by the
Borough to be credible.
(2)
Any other occurrence which provides the Borough with credible information
that the sidewalk, curb or driveway approach is in such condition
as to cause inconvenience or injury to pedestrians.
C.
All inspections performed by the Borough Sidewalk Inspector may be
subject to such fees as established by Borough Council by resolution.
D.
After performing an inspection, the Borough Sidewalk Inspector shall prepare a report indicating what measures are required to bring the sidewalk, driveway approach or curb into compliance with this article. The owner of such property must bring the property into compliance within such time as required by Subsection A hereof with respect to a property being sold or within such time as required by § 2576-18 with respect to all other inspections.
E.
Guidelines will be established and approved by Borough Council to
provide consistency in the application of this article while allowing
the Borough Sidewalk Inspector to use his or her best judgment on
a case-by-case basis. The lack of a specific guideline may not be
used as a defense to the enforcement of this article.
Prior to the laying, construction or repair of sidewalks or
curbs, the owner of a property abutting a public street shall obtain
a permit from the Borough Secretary to do such work in accordance
with the regulations set forth herein. The application shall be accompanied
by a permit fee to be established by resolution of Borough Council.
No person, whether the property owner or a contractor, shall lay,
construct or repair sidewalks or curbs prior to obtaining a permit.
The property owner, including any contractor hired by the property
owner, is responsible for the notification of all utilities by utilizing
the Pennsylvania One Call system and other means as necessary at least
three days prior to the start of work.
One hundred eighty days' notice in writing to lay or repair
sidewalks or curbs shall be given by the Borough Sidewalk Inspector
except where emergency repairs are required, in which case 60 days'
notice will be given. Upon the neglect of any owner or owners of lots
to grade, construct or repair any sidewalks or curbs, or upon the
neglect of any owner or owners to keep sidewalks and curbs in a safe
and usable condition, the Borough shall, after notice as herein provided,
cause the construction or repair of the sidewalks or curbs to be done
at the cost of such owner or owners and shall collect the cost thereof,
together with a ten-percent penalty and additional charges and expenses,
from such owner or owners, and may file a municipal lien therefor
in the Court of Common Pleas of Lancaster County, Pennsylvania, or
collect the same by action in assumpsit according to the Acts of Assembly
of the Commonwealth of Pennsylvania pertaining thereto. The remedy
established by this section shall not be considered exclusive, and
the Borough, in addition, may proceed for the violation of this article
as hereinafter provided.
All notices in this article referred to shall be served upon
the owner of record of the premises to which the notice refers, if
the owner is a resident of the Borough. If the owner is not a resident
of the Borough, then the notice may be served upon the agent or tenant
of the owner or occupant of such premises. If the owner has no agent
or tenant or there is no occupier of such premises, then service shall
be by notice posted upon the premises.
In the event that an owner of property abutting a public street
receives a notice from the Borough Sidewalk Inspector to construct
or repair a defective curb or sidewalk, such owner shall have the
right within 15 days to appeal such determination to the Borough Council.
Any appeal shall be in writing and shall contain all of the reasons
for the appeal, together with any appeal fee established by Borough
Council by resolution. Borough Council shall, at its next scheduled
Council meeting, make a determination to either uphold or reverse
the finding of the Borough Sidewalk Inspector and note its determination
by endorsement on a copy of the initial notice with notification thereof
to the owner by mail.
A.
Any person, firm or corporation, or the members of such firm or the
officers of such corporation, who shall violate any provision of this
article shall, for each and every such violation, upon conviction
thereof, be sentenced to pay a fine not to exceed $1,000 per violation
plus costs including reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Each day that a violation of this
article continues shall constitute a separate offense. Each section
of this article which is violated constitutes a separate violation.
B.
Borough Council may revoke any permit issued to any person violating
any provisions of this article.
C.
The imposition of penalties herein provided shall not preclude the Borough from instituting appropriate legal or equitable action to prevent the performance of work or acts declared to be unlawful under this article or to restrain, correct or abate any violations and from recovering all costs related to the enforcement of this article including, but not limited to, the filing of a municipal lien. The imposition of penalties shall not prevent the Borough from taking action in accordance with § 257-18 of this article to perform work after providing notice to do such work to the owner and, in default of payment thereof, to file a municipal lien for such work against the property.
