Township of Bern, PA Article II Sidewalks, Curbs and Driveways

[Adopted 2-4-1980 by Ord. No. 51]

§ 152-8 Construction and repair.

A. The grading of sidewalk areas, which is defined as the area located between the curbline and the right-of-way line, and the construction and repairing of sidewalks, curbs, driveway entrances and retaining walls along and in the streets of the Township 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 an ordinance, as shown on the topographical survey of the Township, or as shown on recorded subdivision plans and in accordance with the provisions of this article and details as shown on Curb and Sidewalk Standard Design and Details, Plan No. 2119-J-1, and Driveway Entrance Where Concrete Curbs and Sidewalks Do Not Exist, Plan No. 2119-J-2, prepared by Boyd C. Wagner, Inc., Township Engineer, copies of which are attached to this article and form a part of this article.[1]

[1] Editor's Note: Copies of said plans are on file in the Township offices.

B. It is hereby declared unlawful for any person, firm, corporation or other entity to grade any sidewalk area, construct or repair any sidewalk, driveway entrance and all retaining walls in street rights-of-way within the Township except in compliance with the provisions of this article.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any person, firm, corporation or other entity desiring to grade any sidewalk area or to construct or repair any sidewalk, curb, driveway entrance or retaining wall shall first obtain a permit therefor from the Township Zoning Officer of the Township, only after the following conditions have been satisfied:

(1) The filing of a written application with said Township official upon such form as approved by the Supervisors, setting forth the location, purpose and description of the improvement.

(2) The approval of said application by the Township Zoning Officer or, where deemed necessary, by the Township Engineer.

(3) The payment of an established fee in accordance with a fee schedule adopted by resolution shall be paid to the aforesaid Township 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 Township Engineer shall furnish applicant with necessary lines and/or grades, the cost of which shall be paid by the applicant to the proper Township official at time of filing the written application.

D. A permit shall be effective for a period of 90 days from date of issuance and may, prior to expiration of the original or renewal period, be renewed by the proper Township official for a period of 90 days upon written application and payment of a fee set by resolution and found on the fee schedule for each 90 days by the person, firm, corporation or other entity to whom the original permit was issued.

E. The form of application and permit shall be adopted from time to time by the Township Supervisors by resolution. A copy thereof shall remain on file at the office of the Township.

F. From time to time, the Township Supervisors may by resolution adopt additional details and specifications to accompany this article for the construction and repair of curbs, sidewalks, driveway entrances and retaining walls which shall remain on file and available at the office of the Township. All sidewalk areas shall be graded, and all sidewalks, curbs, driveway entrances and retaining walls shall be constructed, reconstructed or repaired in conformance with the most recent details and specifications adopted by the Supervisors.

G. On neglect or refusal by the owner or owners of the abutting lot or lots to grade any sidewalk areas, to construct, pave, repave 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 Township through its proper officials, said Supervisors 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 Second Class Township Code.[3]

[3] Editor's Note: See 53 P.S. § 65101 et seq.

H. Sidewalk areas not graded, or sidewalks, curbs and driveway entrances not laid in conformity with the provisions of this article and with the established grades and lines shown on the topographical survey of the Township, on a recorded subdivision plan or as set forth in an 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 Township Supervisors. Upon failure of said owner or owners thereof to regrade said sidewalk area and/or relay said sidewalk, curb or driveway entrance within the time stipulated, Township Supervisors shall cause the same to be done in the manner herein provided, and Township Supervisors shall collect the cost thereof from the owner or owners of the lot or lots as provided in the Second Class Township Code.

I. Sidewalks, curbs, driveway entrances and retaining walls 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 curbing, 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.

(2) In the 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, that 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.

J. Should a sidewalk, curb, driveway entrance or retaining wall become, in the opinion of the Township Supervisors, a dangerous condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to relay the sidewalk, curb, driveway entrance and/or retaining wall with the material prescribed in the then applicable details and specifications. Upon his, her, its or their failure to do so within 60 days after notice from the Township, the Supervisors 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 Second Class Township Code.[4]

[4] Editor's Note: See 53 P.S. 65101 et seq.

K. Curbs and sidewalks shall be constructed along the front of each lot within the Township on which a new building or structure, other than a private garage, is constructed where said lot adjoins a public street, road or highway; provided, however, that the construction of sidewalks shall not be required where the new building or structure is constructed on a lot situate in a street block where buildings have already been erected without sidewalk on lots fronting on both sides of said street block consisting of at least 50% of the total frontage on both sides of said street block, or as required by Chapter 154, Subdivision of Land. Such curb and sidewalk shall be constructed within 60 days after such new building or structure is completed and/or ready for occupancy. In the case of a corner lot, curbing and sidewalks shall be constructed along both the front of the lot and the side of the lot adjacent to the public street, road or highway. In the case of industrial or commercial development, the Township Supervisors may by resolution waive any or all of the requirements of this subsection if in its opinion said development is located in an area of the Township where curb and/or sidewalk is neither desirable nor necessary.

L. Curbs and sidewalks shall be constructed in any area where, in the opinion of the Township Supervisors, pedestrian traffic, inadequate sight distances or other potentially hazardous conditions indicate the need for public safety reasons.

M. The Township Supervisors may construct sidewalks or curbs, or curbs and sidewalks, as provided in this article, along the streets, roads or highways of the Township upon the petition of the property owners representing a majority in number of front feet of the property abutting on the streets, roads or highways where such sidewalks or curbs, or sidewalks and curbs, are to be constructed. Whenever any such petition is filed with the Supervisors, the owner of the property shall be given notice by the Supervisors to construct such sidewalk or curb, or such sidewalk, or such curb, or such sidewalk and curb, within a period of 60 days after the receipt of such notice; the Supervisors may construct such sidewalk or curb, or sidewalk and curb as herein provided. Whenever any sidewalk or curb, or sidewalk and curb, is constructed by the Supervisors, the expense of the construction of such sidewalk or curb, or sidewalk and curb, shall be paid by the abutting property owners in proportion to their frontage. If such owners fail to so pay the expenses of the construction of such sidewalk or curb, or sidewalk and curb, the Township Supervisors may recover the amount as provided in The Second Class Township Code.

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 excavation 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. No surface gutters are permitted on newly constructed sidewalks. All drains shall be installed under sidewalk areas in conformance with the details and specifications adopted by the Supervisors.

Q. The outside edge of all retaining walls shall be on or in the back of the street, road or highway right-of-way line as shown by ordinance or on the topographical survey of the Township, on a recorded subdivision plan, or as set forth in an ordinance. The design of said retaining walls shall be constructed in accordance with good engineering practice of such height, thickness and materials as shall be approved by the Township Engineer.

R. Straight curbing shall be constructed in all areas where curbing is required. In lieu of straight curbing, the Supervisors may, by resolution, allow the construction of rolled curbing, provided that the design of said curbing has been approved by the Township Engineer.

S. In areas where curb and sidewalks are required, all driveway entrances shall be of the radius curb-ramp type or the depressed curb-ramp type and in those areas zoned Business or Industrial,[5] step-down-curb type entrances shall be allowed. In areas where curb and sidewalk have not been required, said entrances shall be constructed as shown on Plan No. 2119-J-2.

[5] Editor's Note: See Ch. 184, Zoning.

T. All sidewalk areas shall be graded, and all sidewalks, curbs, driveway entrances and retaining walls shall be constructed, reconstructed or repaired in accordance with the following provisions:

(1) All sidewalk areas shall conform to curb grades, except that the area shall have a one-fourth-inch ascending pitch per foot measured from the outside curbline to the right-of-way line of the respective lot or property.

(2) All separate curbs shall be eight inches wide across the top, nine inches wide at gutter line and shall extend for that width to a depth of 24 inches from the top of the finished curb; provided, however, that wherever it is necessary to replace or repair existing curb which does not meet the requirements of this provision and the adjacent sidewalk shall not be in need of replacement and there is no grass plot area separating a curb from sidewalk, then in such instances the Township Zoning Officer is authorized to approve an application for a permit to replace the curb at its former width.

(3) The outside edge of all sidewalks shall be set back four feet from the inside face of the curb, and a grass plot area shall separate curb from sidewalk; provided, however, that where the sidewalk area is less than 10 feet in width, the concrete portion of the sidewalk may, upon approval of the Township Supervisors, be constructed next to the inside face of the curb, or said grass plot area may be reduced or paved as an addition to the sidewalk if so directed by resolution of the Township Supervisors. In addition, where no grass plot presently exists and the existing sidewalk is to be repaired or replaced, then the Township Supervisors by resolution may direct that the grass plot requirement may be waived and that the width of the sidewalk area be reduced to such width as the Township Supervisors may deem necessary and appropriate under the particular circumstances.

(4) All drains shall be installed under sidewalk area and shall be constructed of three-inch cast-iron pipe or PVC Schedule 40 plastic pipe.

(5) All sidewalks shall not be less than five inches in thickness, and the surface shall have a one-quarter-inch pitch per lineal foot ascending from the outside face of the curb.

(6) Sidewalks shall be four feet on sidewalk areas less than 10 feet in width and shall be five feet wide on sidewalk areas having a width of 10 feet or more. Notwithstanding anything to the contrary in this article, all sidewalks, curbs and gutters shall conform as to size with the majority type of then existing sidewalks, curbs and gutters in the same block.

(7) Except as hereinafter provided, all driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of four feet nine inches on each side, shall have the outside edge raised 13/4 inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed outside sidewalk edge located four feet nine inches from the outside face of the curb, shall have a sidewalk surface of the same grade and width prescribed for sidewalks, and all driveway entrances, including slope and sidewalk surface, shall be eight inches in thickness. No single driveway entrance for a one-car garage shall be constructed with a frontage exceeding 12 measured along the right-of-way line.

(a) In lieu of a driveway entrance having curb radii as part of its construction, a depressed curb driveway entrance may be used as set forth on the Plan of Curb and Sidewalk Standard Design and Details referred to herein as Plan No. 2119-J-1.

(b) No single driveway entrance for a garage for two or more cars shall be constructed with a frontage or width exceeding 16 feet measured along the right-of-way, except upon specific approval by resolution of the Township Supervisors. Such specific approval shall be given only when it is not contrary to the public interest and when, owing to special conditions, unnecessary hardship would result.

(c) In the case of areas zoned as commercial districts, industrial districts or other nonresidential uses by Chapter 184, Zoning, of the Code of the Township of Bern, as amended, and the Township Zoning Map, all driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of 12 feet on each side, the exact radius to be subject to the approval of the Township Engineer. Except as hereinafter provided, such driveway entrances shall have the outside edge raised 1 3/4 inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed outside sidewalk edge and shall have a sidewalk surface of the same grade in width prescribed for sidewalks. Step-down driveway entrances shall be permitted by resolution of the Township Supervisors, and such driveway entrances shall be constructed seven inches below the top of the curb radius from the curbline to the inside sidewalk edge. The width of any single driveway entrance in such zoned areas shall be a minimum of 16 feet in width, measured along the right-of-way line, except upon specific approval by resolution of the Township Supervisors. In considering a request for a single driveway entrance less than 16 feet in width, the Township Supervisors shall take into account the nature of the commercial or industrial enterprise being conducted on the premises, the amount of motor vehicle and pedestrian traffic in the area and all other conditions relevant to the application.

[Amended 12-7-2021 by Ord. No. 332-2021]

(d) All driveway entrances intended for commercial or industrial use shall be constructed of reinforced concrete of a design approved by the Township Engineer to conform in strength to the service required.

(e) In areas where concrete curbs and/or concrete sidewalks do not exist or have not been required by notice from the Township, bituminous concrete or other approved materials may be substituted for concrete in the construction of driveway entrances when approved by the Township Engineer and shall be constructed as on Plan No. 2119-J-2. Such driveways shall conform to sidewalk grades at the inside sidewalk edge. In any case, where sidewalks will be required by the Township Supervisors, at any time, such driveway entrances shall be removed and replaced in accordance with other provisions of this article by the lot owner or owners.

(8) Bituminous concrete material and/or any other approved material placed upon driveway entrances shall in no way impede the flow of stormwater runoff in the cartway area of the streets.

(9) All sidewalks, curbs and driveway entrances shall have a three-inch to four-inch base of PennDOT No. 2RC limestone material.

(a) The subgrade or subbase, where required by plans or special provisions, shall be compacted and shaped to the required dimensions and grade. It shall be firm and without soft spots. In advance of concreting operations, the subgrade shall be checked and approved by the Township Zoning Officer or Township Engineer.

(b) The subgrade shall be clean and damp at the time of placing concrete. Concrete shall not be placed on a frozen subgrade.

(10) All sidewalks, curbs, retaining walls and driveway entrances shall be constructed of air-entrained structural concrete having an ultimate strength of 3,000 pounds per square inch at 28 days and containing 41/2% air by volume. The sources of concrete materials and mix design shall be subject to the approval of the Township Engineer. The Township Engineer may require testing of materials as set forth in standards described in PennDOT Form 408, or ASTM C-94 Methods of Sampling and Testing. Where such tests are required, the costs of performing such tests shall be paid by the person, firm or corporation performing the work.

(11) The top surfaces of sidewalks, curbs and driveway entrances shall receive a floated finish, and the finish tolerance shall be a true plane with one-fourth-inch in 10 feet. The exposed vertical surfaces of curbs and driveway entrances shall be sufficiently spaded to eliminate all voids and repaired of all honeycombed and defective areas and shall receive a smooth rubbed finish. This finish shall be produced by wetting the surfaces slightly and rubbing with a Carborundum brick or other abrasive, or soft-bristled brush, until a uniform color and texture are produced. The finishing shall be completed before the concrete is 36 hours old.

(12) Immediately after finishing, all concrete shall be cured by using either an approved, impervious, light-colored plastic covering placed and maintained in contact with the concrete surface, or an approved, impervious, light-colored liquid curing compound sprayed on the concrete surface. The curing shall be continued for at least five days.

(13) Expansion joints made with three-eighth-inch thick preformed non-extruding and resilient bituminous joint filler shall be placed every 20 feet to the full depth of curb and sidewalk and where the sidewalk meets the face of a wall and/or curbing. All curb and sidewalk shall be scored every five feet for five-foot wide sidewalks and every four feet for four-foot wide sidewalks, to a depth of one inch.

(a) In lieu of the methods described, a commercially available control joint may be approved by the Township Engineer.

(b) The Township Engineer may reject any concrete sidewalks, curbs and driveway entrances which do not conform to the requirements of this article or the generally accepted standards of the American Concrete Institute.

(14) All curbing constructed under the provisions of this article shall have adequate provisions for safe and convenient movement of physically handicapped persons at all pedestrian crosswalks throughout the Township. Such provision shall be as described in Guidelines for Design of Local Roads and Streets, PennDOT Publication No. 70, April 1977 edition, or its amendments.

§ 152-9 Planting of trees and shrubbery in or near sidewalk areas.

A. It is hereby declared unlawful for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation within five feet of the property side of the right-of-way line along any street, or for any trees, evergreens, hedges, plants or shrubbery to be planted, by any person, firm, corporation or other entity in any sidewalk area, which is defined as the area located between the curbline and the right-of-way line as shown on a topographical survey of the Township, recorded subdivision plan or as established by ordinance.

B. No trees or shrubbery shall be planted along the right-of-way lines on a corner property in any manner that would not conform with sight distance requirements of Chapter 154, Subdivision of Land, of the Code of the Township of Bern.

C. Any trees, evergreens, hedges, plants or shrubbery planted in violation of this section are hereby declared to be nuisances and must be removed within 30 days after notice to the owner or owners of the respective lot or lots so to do by said Township Supervisors.

D. Upon failure of said owner or owners to accomplish said removal, Township Supervisors shall cause the same to be done and shall collect from said owner or owners of the lot or lots the cost thereof, together with all charges and expenses. If payment is not made, Township shall file a municipal lien therefor against such lot or lots or shall bring action in assumpsit against said owner or owners for collection thereof.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 152-10 Utility lines.

All utility lines affected by the work shall be raised and/or lowered to proper elevation by the utility or person, firm or corporation authorized to perform the work. All legal requirements of the Commonwealth of Pennsylvania for notification to utility owners shall be complied with.

§ 152-11 Signs, barriers and lights.

A. Any person, firm or corporation grading any sidewalk areas or constructing or repairing any curbs, gutters, sidewalks, driveway entrances or retaining walls, or removing any trees or shrubbery, or opening or excavating in or under any streets, alleys or sidewalk areas, or storing or depositing materials on any streets, alleys or sidewalk areas, shall place suitable signs, barriers and/or lights so as to protect the users of streets, alleys or sidewalk areas in the vicinity thereof from injury to person or property. In the event that the Board of Supervisors, through its authorized officials, directs the person, firm or corporation conducting the work to place a certain type and/or quantity of signs, barriers or lights in a certain manner, said person, firm or corporation shall promptly comply with such direction.

B. 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.

§ 152-12 Indemnification of Township.

Any person, firm, corporation or other entity applying for any permit under this article shall indemnify the Township against all liability of whatever nature arising during the performance of work for which a permit is granted whether or not said liability arises as a result of the negligence of the person, firm, corporation or other entity to whom the permit was issued.

§ 152-13 Violations and penalties. [1]

A. Any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

B. The Board of Supervisors may revoke any permit issued to any person, firm or corporation violating any of the provisions of this article.

C. The imposition of penalties herein prescribed shall not preclude the Township of Bern from instituting an appropriate action or proceeding to prevent the performance of work or acts declared to be unlawful under the provision of this article or to restrain, correct or abate a violation, or seek relief by a complaint in equity.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 152-14 Conflicts.

Notwithstanding anything hereinabove set forth in this article, whenever the provisions of this article shall be inconsistent with the provisions of the Subdivision and Land Development Ordinance of the Township of Bern, as from time to time are in effect, and the provisions of said latter ordinance are more restrictive or contain more stringent requirements than are set forth in this article, then, in such event, the provisions of said Subdivision and Land Development Ordinance shall prevail and be applicable.