[Ord. 854-4, 4/10/1985; as amended by Ord. 2002-09-10, 9/9/2002]
1.
The Borough
Manager shall determine compliance with Borough ordinances for all
new construction and for the purpose of ensuring that existing sidewalks,
curbs, and gutters are kept in repair for pedestrian safety, vehicular
safety, and impact upon Borough-maintained streets.
2.
A permit shall be required for installation or construction of all
new sidewalks, curbs and gutters or repair or replacement of existing
sidewalks, curbs and gutters located in the Borough right-of-way.
Inspections during installation or construction shall be required.
A fee for the permit and any inspections shall be set from time to
time by resolution of the Red Lion Borough Council.
[Added by Ord. 2016-6-3, 6/13/2016]
[Ord. 854-4, 4/10/1985; as amended by Ord. 9610-7, 10/9/1996;
and by Ord. 2002-09-10, 9/9/2002]
Whenever the Manager determines that a sidewalk, curb, or gutter
along any public street should be constructed or repaired, it shall
be the responsibility of the owner of the property abutting on such
public street to construct such sidewalk, curb, or gutter along such
property in accordance with the specifications and regulations set
forth in this Part and as may be prescribed in the Red Lion Borough
"Construction and Materials Specifications."
[Ord. 854-4, 4/10/1985; as amended by Ord. 918-11, 8/14/1991]
Whenever a building permit is issued to a property owner who intends to build any new building (not including accessory buildings), as defined by Chapter 27, "Zoning," such owner shall be required to construct sidewalks and curbs along public streets in accordance with specifications found in this Part.
[Ord. 854-4, 4/10/1985; as amended by Ord. 8710-12, 10/14/1987;
and by Ord. 2002-09-10, 9/9/2002]
Any sidewalk hereafter constructed within the Borough of Red
Lion shall be at least four inches in depth and a width to be established
by the Manager by taking into account the width of adjoining sidewalks,
if any, and other special conditions, including but not limited to
safety for pedestrians in a particular location. The cross slope of
the sidewalks shall not exceed 1/4 inch per foot of width except as
specifically granted in the building permit authorizing the construction
or repair. Any such deviation from this specification shall only be
permitted by the Borough Engineer in order to meet special conditions
which cannot be otherwise accommodated.
[Ord. 854-4, 4/10/1985; as amended by Ord. 2002-09-10, 9/9/2002]
Where brick sidewalks exist, the sidewalk must be maintained
in a safe, usable condition. Any person wishing to install a new brick
sidewalk will only be permitted to do so upon approval by the Manager
established herein above.
[Ord. 854-4, 4/10/1985; as added by Ord. 958-5, 8/9/1995]
Whenever any public utility shall cut, break, damage, or otherwise
impair the structural integrity of any sidewalk in connection with
the installation, repair, or removal of any public utility structure
or facility or shall create a void in any sidewalk as a result of
the removal of any public utility structure or facility, such public
utility shall remove and replace, in accordance with the specifications
of this Part, the entire block or section of sidewalk affected by
such cut, break, damage, or impairment or in which such void is made.
[Ord. 854-4, 4/10/1985]
All curbs hereafter constructed, within the limits of the Borough
of Red Lion, shall have a minimum depth of 20 inches when constructed
by themselves and 18 inches in depth when constructed integrally with
a cement sidewalk. The face of said curbs shall be battered one inch
to protect the top of the curbs from scuffing by vehicular traffic.
Batter shall be obtained by holding the width of the top of said curb
to six inches and width at the base to seven inches. In addition,
all curbs hereinafter constructed shall conform to the Red Lion Borough
"Construction and Materials Specifications."
[Ord. 854-4, 4/10/1985; as amended by Ord. 2002-09-10, 9/9/2002]
The Borough Manager shall inspect all sidewalks, curbs, and gutters on an annual basis, or sooner upon complaint, and, if necessary, issue notice or correction or compliance in accordance with § 21-409.
[Ord. 854-4, 4/10/1985; as amended by Ord. 9311-12, 11/10/1993;
by Ord. 955-3, 5/10/1995; by Ord. 2002-09-10, 9/9/2002; and by Ord.
2003-10-16, 10/13/2003]
A written notice shall be sent by certified mail to the owners
of property who are required to construct or repair a sidewalk, curb,
or gutter notifying them that they have 90 days from the date of the
notice to complete the required construction or repair. All property
owners shall have the option to have the work done by the contractor
who has bid concrete work to Red Lion Borough or by a private contractor
who must meet all Borough specifications. If the required construction
or repair is not completed within such ninety-day period, the Borough
may cause the work to be done and charge the owners for the costs
of the work and an additional 10% of such costs to cover the Borough's
cost of administering the work. Unless otherwise directed by Council,
such amount shall be paid by the owners upon receipt of an invoice
for the same, and shall bear interest at an interest rate to be decided
by Council on an annual basis. In default of payment by the owners,
the Borough shall file a municipal claim therefor against the property
benefitted or collect the same by a civil action. If the owners cannot
be notified by certified mail, the notice required by this section
shall be posted on the premises.
[Ord. 854-4, 4/10/1985; as amended by Ord. 955-3, 5/10/1995;
and by Ord. 2002-09-10, 9/9/2002]
Any person who receives a notice of construction or repair may
request the Manager to review his particular situation if he wishes
to deviate from the repair or construction specified in the notice.
This request must be made in writing and submitted to the Borough
Office within 30 days after receiving the first notice from the Borough.
Any request received after such thirty-day period shall not be reviewed.
Upon receipt of a request for review, the Manager shall undertake
and complete its review within 30 days of the date of receipt of the
request and notify the owners of the property of the Manager's
decision.
[Ord. 854-4, 4/10/1985; as amended by Ord. 2002-09-10, 9/9/2002]
If the required construction or repairs would be an economic
hardship to the property owner, the Manager is specifically authorized
to enter into an agreement whereby the Borough would cause the construction
or repair to be done and have a municipal lien filed therefor and
the property owner would repay the Borough in accordance with a payment
schedule decided upon by the Manager.
[Ord. 854-4, 4/10/1985; as amended by Ord. 2002-09-10, 9/9/2002]
Any property owner may appeal the decision of the Borough Manager rendered under § 21-410 by submitting in writing to Red Lion Borough Council the reasons for the appeal. Borough Council shall hear the appeal at the next regular Council meeting held after the written appeal is received or at a special meeting if Council deems it necessary to hear and decide the appeal prior to the next regular Council meeting.
[Ord. 854-4, 4/10/1985]
Any driveway hereafter constructed in the Borough of Red Lion
shall be constructed of bituminous paving material or concrete in
accordance with the Red Lion Borough "Construction and Materials Specifications."
[Ord. 854-4, 4/10/1985; as amended by Ord. 9711-6, 11/12/1997,
§ 180-52; and by Ord. 2009-09-02, 9/14/2009]
If the owner of the premises fails to complete the construction or repairs as required by the notices or constructs or repairs a sidewalk, curb, or driveway which is not in accordance with the construction specifications contained herein or the Red Lion Borough "Construction and Materials Specifications," the owner, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. Each period of 60 days after the date of the second notice as required by § 21-409 of this Part in which the required construction or repair is not completed shall be a new violation of this Part.
