McKean council repeals mandatory sidewalk installation, adopts voluntary standards and expedited snow-and-ice enforcement

McKean Borough Council on May 11 approved a package of measures that removes a mandatory sidewalk-installation requirement, sets technical standards for voluntary installations, and shortens the timeline and increases penalties for failing to clear snow and ice.

The council unanimously adopted Ordinance No. 1-26, which amends Ordinance No. 38 to make sidewalk construction optional for property owners except where required by an approved subdivision or land-development plan. The ordinance requires property owners who elect to install or repair sidewalks to obtain a borough permit and meet line, grade and material specifications set by the borough engineer, and it preserves property owners’ continuing responsibility to maintain sidewalks abutting their property.

The ordinance also retains the borough’s snow- and ice-removal requirement and changes enforcement language: after written notice an owner has 30 days to complete ordinary repairs and 48 hours to correct an emergency hazard. The ordinance repeals prior language that authorized the borough to compel new sidewalk installation where none exists; the measure takes effect immediately upon legal enactment and recording in the borough ordinance book.

In related action, the council unanimously approved Ordinance No. 2-2026, amending the borough nuisance ordinance to declare the accumulation of snow and ice on public sidewalks an “Emergency Public Nuisance.” Under the amendment, owners must clear a path at least 36 inches wide within 24 hours after the cessation of snow, sleet or freezing rain; if they fail to do so the borough may abate the hazard immediately and charge the owner for removal plus administrative fees and penalties.

To implement the new sidewalk policy, the council adopted Resolution No. 4-2026, which establishes engineering and design specifications: sidewalks of Class A cement concrete (minimum 3,300 psi), standard thickness of at least 4 inches (6 inches at driveways), minimum width of 4 feet (exceptions possible with borough engineer approval), a cross-slope of approximately 1/4 inch per foot, expansion and control joint spacing, and PennDOT RC-67M and ADA compliance for curb ramps. The borough engineer is authorized to provide technical drawings and to withhold permits until specifications are met.

The council also adopted Resolution No. 5-2026, setting an abatement fee schedule. Key items include a $50 administrative fee per violation, labor at $65 per hour (minimum one-hour charge) for borough personnel, contractor invoicing plus a 10% administrative surcharge when third-party contractors are used, and billing for materials. Penalty ranges specified in the resolution are $20–$75 for a first offense, $100–$300 for repeat offenses, and up to $600–$1,000 plus court costs if the matter advances to a Magisterial District Judge. Unpaid balances may lead to a municipal lien under the Pennsylvania Borough Code.

Procedural notes: each ordinance and resolution was moved and seconded in open session (Ordinance No. 1-26: motion by Molly Davies, second Freddie Bongiorno; Ordinance No. 2-2026: motion by Molly Davies, second Freddie Bongiorno; Resolution 4-2026: motion by Tony Milano, second Molly Davies; Resolution 5-2026: motion by Molly Davies, second Freddie Bongiorno) and all measures passed by unanimous roll call vote. The ordinances state they take effect immediately upon enactment and recording; the council did not specify later implementation dates beyond that language.

Council members said the changes reflect a balance between permitting property-owner choice on installation and preserving public-safety standards and expedited authority to remove hazardous snow and ice. The borough will apply the new engineering standards and fee schedule when enforcing repairs and abating emergency sidewalk hazards.