§ 390-17. Grading, construction and repair requirements; permits.

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, construction drawings provided by the Borough Engineer and approved by Borough Council, 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 Borough Engineer as directed by the Borough Council.

(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 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 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 upon written application and payment of the fee established by resolution, for each 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 office of the Borough.

F. 

From time to time, Borough Council shall by resolution adopt details and specifications for the construction and repair of curbs, sidewalks or driveway entrances, which shall remain on file and available at the office of the Borough.

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, pave, repave or repair any sidewalk, to construct, set, reset or repair any curb or driveway entrance, within 60 days after notice to do so from the Borough through its proper officials, 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 in the Borough Code and/or other applicable laws, statutes, rules and regulations.

H. 

Straight curb shall be constructed in all areas where curbing is required. In lieu of straight curbing, Council may, by resolution, allow the construction of rolled curbing.

I. 

In areas where curb and sidewalks are required, all driveway entrances shall be of the depressed curb-ramp type; step-down curb type entrances shall not be allowed. In areas where curb and sidewalk have not been required, said entrances shall be constructed as shown on the detail plan.

J. 

Sidewalk areas not graded, or sidewalks, curbs and driveway entrances not lain in conformity with the provisions of this article and with the established grades and lines shown on the recorded subdivision plan, construction drawings provided by the Borough Engineer and approved by Borough Council, or as set forth in an ordinance or resolution 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 said sidewalk area and/or relay said sidewalk, curb or driveway entrance within the time stipulated; Borough Council shall collect the cost thereof from the owner or owners of the lot or lots as provided in the Borough Code and/or other applicable laws, statutes, rules and regulations.

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 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, 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 relay 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 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, and/or other applicable laws, statutes, rules and regulations.

M. 

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 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 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. 

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.