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Eagles Mere Ordinances & Zoning
Our Codes are now online:
Zoning Permit Cover Letter (Includes Instructions Please Read Carefully)
Zoning Permit Application:
Zoning Hearing Board
§88-1. Authority of Borough to Establish Sidewalks.
Pursuant to authority contained in the Borough Code, the Borough shall lay out, ordain and establish sidewalks and establish a grade or grades and specifications for side-walks along any street, and with the consent of the Secretary of Transportation of the Commonwealth, along any state highway and may, with or without petition, require owners of property abutting on any street or state highway to grade, construct, drain, pave, and repave the sidewalk and keep the same in repair and in safe and usable condition along such property.
§88-2. Requirements for New or Reconstructed Sidewalks.
A. Any resident considering constructing, reconstructing, or repairing a sidewalk shall submit an application to the Borough Zoning Officer for a permit and obtain a copy of the Borough’s “specifications for sidewalks”.
B. Prior to construction, reconstruction or repair of sidewalks, the person making the construction, reconstruction or repair, or the owner, shall provide the Zoning Officer with scaled drawings showing a typical cross-section and plain views of sidewalks constructed, reconstructed or repaired and a written description covering the scope and location of the project and showing compliance with the Borough’s specifications for sidewalks.
C. Prior to the pouring of any concrete, but with all grading work completed and all forms in place, the person making the construction, reconstruction or repair, or the owner, shall contact the Zoning Officer for inspection of the site for compliance to the Borough’s specifications for sidewalks.
D. After the sidewalk has been poured and finished, and all grading is completed, the Zoning Officer must again be contacted for final inspection and issuance of a receipt indicating that the sidewalk conforms to the Borough’s specifications.
§88-3. Sidewalk Specifications.
A. Grade, Size and Shape for Sidewalks. The cross grade of all sidewalks within the Borough shall not be less than one-fourth of an inch, nor more than three-eighths of an inch to the foot, descending from the line of the lot to the street. Joints to abutting sidewalks must be at grade or graded to match.
C. Materials for Sidewalks. Sidewalks shall be of concrete. All concrete shall conform to Pennsylvania Department of Transportation specifications for Class A concrete.
D. Backfilling of Sidewalks. After the sidewalk has been finished the spaces on both sides shall be backfilled with acceptable material to a level even with the surface of the sidewalk, top soiled and reseeded with grass, mulched or as other approved by the Borough.
E. Repair or Replacement of Existing Sidewalks. All sidewalks hereafter determined by the Borough as needing extensive or substantial replacement or repairs shall be reconstructed in accordance with the provisions of this ordinance.
F. Maintenance in Usable Condition Required. Except under circumstances beyond the control of the abutting property owner, all sidewalks shall be kept at all times in a clean and usable condition and in good repair by the owner of the abutting property unless circumstances approved by the Council make this impossible.
§88-4. Owner Compliance Upon Notice.
Every owner of property in the Borough of Eagles Mere shall, on thirty (30) days written notice from the Borough Council, construct, reconstruct or repair a sidewalk in front of and/or alongside of such property to conform to the sidewalk specifications established by the Borough. The notice may be served upon the owner by mailing the same to him at his last known address by certified mail, return receipt requested.
§88-5. Claims against owner if Borough does work.
A. Upon the neglect of any property owner to comply with the requirements as provided in the preceding sections of this Article or in the event that any property owner maintains a sidewalk which has been constructed, reconstructed or repaired subsequent to the effective date of this Article in a manner not in compliance with the requirements for sidewalks set forth in this article, the Borough may cause the construction, reconstruction or repairing of the curb or sidewalk to be done at the cost of such owner and may collect the cost thereof together with all charges and expenses from such owner and may file a municipal claim therefore or collect the same by an action in assumpsit.
B. All such notices shall be served upon the owner of the premises to which the notice refers. If the owner is not a resident, then the notice may be served upon the agent or tenant or the owner or upon the occupant of such premises. If the owner has no agent or there is no occupier of such premises, then service shall be by notice posted upon the premises.
§88-6. Sidewalk Construction Projects.
When the Borough Council requires that a sidewalk be installed along one (1) or more properties along a section of a street, the Borough may, with or without the consent of the property owners, or at time a bid is awarded, cause the sidewalk to be constructed along the properties and collect the cost thereof from such owners by allocating the contract price of the construction among such owners on a front foot basis; and in addition the Borough may charge each owner a fee as set from time to time by resolution of the Borough Council which costs and fees the Borough may collect by filing a municipal claim or by action in assumpsit.
§88-7. Borough jurisdiction over sidewalks.
The Borough Council shall have jurisdiction over all sidewalks constructed, reconstructed or repaired along any street, and compliance with the specifications established by the Borough Council shall be required whether the work is done under contract with the Borough or under a contract between the property owner and a contractor or by the property owner himself. The Borough Council may, at their discretion, require inspection of the work in progress at the expense of the property owner. Any sidewalk rejected by the Borough shall be promptly removed and replaced at the expense of the person doing the work and at no expense to the Borough.
This Ordinance shall be effective immediately.
DULY ORDAINED AND ENACTED by Borough Council of the Borough of Eagles Mere, Sullivan County, Pennsylvania on the _________ day of March, 2007.
ATTEST: BOROUGH OF EAGLES MERE
APPROVED this ______ day March, 2007