Borough of Elizabethville, PA Part 3 SIDEWALKS, CURBS AND RIGHTS-OF-WAY

§ 21-301 Construction, Maintenance and Repair of Curbs, Sidewalks, and Gutters.

[Ord. No. 332, 6/8/2009]

1. Every owner of property within the Borough of Elizabethville shall at all times keep in good repair all curbs, sidewalks, and gutters abutting such property.

2. The Borough of Elizabethville may require owners of property abutting on any street, including state highways, to construct, pave, repave, and repair the sidewalk, curb and gutter along such property, at such grades and under such regulations as may be prescribed by the Borough Engineer and approved by Borough Council.

3. Whenever the Borough Council shall provide for the construction of new streets, resurfacing, replacement or widening of existing streets, curbing, sidewalks, and gutters shall be constructed at the expense of the owners of the property abutting same and thereafter kept in good repair by same owners.

4. All sidewalks, curbs, and gutters shall be constructed, paved, repaved, or repaired, upon the line and grade obtained by the property owner from the Borough Engineer.

5. Notice to construct, pave, repave, and repair sidewalks, curbs or gutters shall be given by registered mail to abutting property owners, and such owners shall have 90 days to comply with said notice in conformity with any construction specifications prescribed by the Borough Engineer and approved by Borough Council. Upon failure of any such property owner to have such work completed within such time limit, the Borough, in which case the Borough shall collect the cost thereof, with any additional amount allowed by law, from such defaulting property owner, by the filing of a municipal claim or by action in assumpsit.

6. Any property owner not required by notice to construct, pave, repave or keep in repair sidewalks, curbs or gutters may construct, pave, repave, or repair the sidewalk, curb or gutter abutting his property; provided, such owner shall make application to the Borough Engineer before commencing work, shall conform to the provisions of this Part and other regulations as to specifications for construction and repair work and shall notify the Engineer within two days after completion of his work. The street, sidewalk, and right-of-way opening and excavation permit is attached to this Part as Appendix A and made a part hereof.

7. All new curbs shall be constructed in accordance with the standard curb detail of the Borough of Elizabethville. The standard curb detail is attached to this Part as Appendix B and made a part hereof.

8. Whenever a curb is to be set at a corner of a street, a curved curb shall be placed, cut to such a radii as may be determined by Borough Council. Existing square or pointed corner curbs shall be replaced by curved curbs whenever a street is being paved or repaired, or whenever public convenience requires it. The cost of such curb where curb has not been heretofore set, shall be paid by the owner of the property adjacent thereto; but where a curb set is changed to a curved curb, the cost thereof shall be paid for by the Borough. After the said curbed has been set, the owner of the abutting property shall keep the same in repair.

9. All new sidewalks shall be constructed in accordance with the standard sidewalk detail of the Borough of Elizabethville. The standard sidewalk detail is attached to this Part as Appendix C and made a part hereof.

10. All sidewalks in the Borough shall comply with the American Disability Act requirements for width, slope, and curb ramp.

11. Where sidewalks or curbs are to be constructed, paved, repaved or repaired over excavations (including active coal cellars), such sidewalks shall be supported by iron or steel beams, girders, stone or concrete arches. Any support of wood or perishable material shall be prohibited. The design of all proposed support structures must be approved by the Borough Engineer.

12. The Borough may require construction of new curb and sidewalk as justified for public safety.

13. Inspection. At any time during the performance of the required work, the Borough Engineer may inspect the work to determine whether construction specifications are being observed.

14. Whenever any curb, sidewalk, and gutter shall be set or reset contrary to the provisions of this Part, the Borough Council may tear up and remove said curb, sidewalk, and gutter and construct such curb, sidewalk, and gutter in accordance with the provisions of this Part and recover the cost thereof in such manner now or hereafter to be provided by law.

15. Materials.

[Added by Ord. No. 360, 3/12/2018]

A. When repairing a sidewalk in accordance with the Code of Ordinances of the Borough of Elizabethville, Chapter 21, Part 3, the material to be used for said repair can only be used if the material is currently in place. That material includes brick, slate, or concrete with no more than 1/4 to 1/2 inch between material joints.

B. When a full replacement of curbing and/or sidewalk is made, concrete must be used per ordinance specifications.

C. When repairing or replacing curbing and/or sidewalk, asphalt may not be used.

D. When designated by the Borough Engineer, a roll curb may be used in limited circumstances and at the discretion of the Borough.

§ 21-302 Rights-of-Way.

[Ord. No. 332, 6/8/2009]

All streets and avenues within the Borough of Elizabethville, Dauphin County, as shown on the Borough Plot Plan and Map of 1961 and previous plans of the Borough shall have a width for right-of-way purposes of not less than 33 feet.

§ 21-303 Enforcement and Penalties.

[Ord. No. 332, 6/8/2009]

1. Upon failure of any property owner to construct, pave, repave or maintain any sidewalk, curb or gutter in compliance with notice to do so, the Borough of Elizabethville may do the same or cause the same to be done, and may levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.

2. Where in the opinion of the Borough Council a dangerous condition exists that can be repaired by an expenditure of $500 or less, the Borough of Elizabethville shall send such property owner notice by registered or certified mail stating emergency repairs are required. Upon failure of such owner to comply with the notice within 48 hours after receiving it, the Borough of Elizabethville may make emergency repairs, and levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.

3. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof in a proceeding before the district justice, be sentenced to pay a fine of not more than $600 together with costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this Part continues shall constitute a separate offense.