[Adopted 5-18-1914 by Ord. No. 97]
The owners of all lots of ground fronting or abutting on any of the streets or highways of this Borough are hereby required to grade and pave the sidewalks on such streets and highways along their respective lots and to construct curbs and gutters at the edge of such sidewalks; and whenever the sidewalks, curbs or gutters on the street or highway along any lot of ground are out of repair, the owner or owners of such lot are hereby required to repave or repair such sidewalks and repair such curbs and gutters, all in accordance with the provisions of this article, provided that nothing herein contained is intended to require the repaving of sidewalks now paved with brick or cement-concrete and now in good order and repair and paved to as great a width as required by this article, so long as such now-existing pavements are kept in good order and repair.
On all streets and highways of the Borough, the width of the sidewalks on each side thereof is hereby fixed at 1/5 of the width of the street or highway as laid out and opened; and of the total width of such streets and highways, 2/5 is hereby appropriated to sidewalks and 3/5 to cartways, provided that on Hazel Lane from Pine Road to Beaver Road and Meadow Lane, the sidewalk shall be eight feet wide on the southeasterly side and 18 feet wide on the northwesterly side, and provided that the cartway on Church Lane shall be 23 feet wide, the cartway on Highland Lane shall be 20 feet wide, the cartway on Meadow Lane shall be 24 feet wide, the cartway on Oliver Road shall be 26 feet wide, and the cartway on Woodland Road shall be 23 feet wide, and provided also that, except as herein otherwise provided, the cartway shall be in the middle of each street and highway, the center line of the street being also the center line of the cartway.
The line dividing the sidewalk from the cartway is herein called the curbline, and the curb on any street or highway of the Borough shall be on the edge of the sidewalk but within the sidewalk so that the face of the curb toward the cartway shall be on the curbline.
A. 
The width of the pavements and the distance of the outer edge of the pavements from the curbline on the several streets shall be as follows:
Name of Street
Width of Pavement
(feet)
Distance From Curbline
(feet)
Academy Avenue
From Woodland Road to Beaver Road
4
6
From Beaver Road southwestwardly to end
4
3
Beaver Road
5
3 1/2
Challis Lane
3 1/2
1/2
Chestnut Road
From the Pittsburgh, Fort Wayne and Chicago Railway to Beaver Road
4
2
From Beaver Road to Woodland Road
4
1/2
From Woodland Road northeastwardly to end
4
2
Church Lane
4
4 1/2
Edgeworth Lane
4
3
Elm Lane
4
3
Hazel Lane
4
3
Highland Lane
4 1/2
1/2
Maple Lane
4
4
Meadow Lane
4
10
Oliver Road
4
5
Orchard Lane
4
4
Pine Road
4
2
Quaker Road
From Beaver Road to Pittsburgh, Fort Wayne and Chicago Railway
4
4
School Lane
4
2
Shields Lane
4
2 1/2
Woodland Road
From Academy Avenue to Chestnut Road
5
11 1/2
From Chestnut Road to the northwesterly end
4
2 1/2
B. 
On all other streets and highways in the Borough, 1/2 only of the width of the sidewalks shall be paved, and the pavement shall be placed in the center of the sidewalk; provided, however, that the pavement shall not be less than four feet in width unless the sidewalk is less than four feet wide, in which case the whole width shall be paved, and provided further that on all sidewalks eight feet wide and less, the outer edge of the pavement shall be along the curb; and provided also that nothing herein contained is intended to forbid property owners to extend pavements to the building line or to pave entrance walks or roads to the curbline.
All sidewalk pavements shall be of cement-concrete and shall be constructed as follows:
A. 
In plowing or otherwise disturbing the earth in excavating for the subgrade, care must be taken not to go below the grade line of the subgrade at any point, leaving a reasonable margin to be removed by means of shovels and mattock in shaping the same to conform to the surface of the finished subgrade.
B. 
The following precautions must be observed to prevent injury to trees when roots are cut:
(1) 
If the cutting of the root cannot be avoided, the cuts must be skillfully made with a sharp axe, and all cuts must be painted with a tar or other preservative paint to prevent the rotting of the roots and to cause as little injury to the trees as possible.
(2) 
Care must be taken not to injure or destroy shade trees unless, in the opinion of the Street Committee, it becomes necessary.
C. 
The full width of the sidewalk shall be graded. The lawn shall be dressed off with fine earth, raked and left perfectly smooth. The pavement excavations shall be made to a depth of 10 inches below the grade herein fixed for the surface of the pavement, and the subgrade shall be made perfectly smooth and to conform to the grade of the finished pavement. Any rubbish and surplus earth desired by the Borough for filling in streets shall be removed by the Borough; all other rubbish and surplus earth shall be removed by the property owners and shall not be thrown in the street. Any soft or defective places in the subgrade shall be rammed thoroughly and if, in the opinion of the Street Committee or the Borough's Engineer, necessary to obtain a solid foundation, shall be excavated and entirely refilled with the material specified for foundations and thoroughly rammed.
D. 
Upon the subgrade, a foundation of gravel, broken stone, cinders thoroughly tamped or slag, clean, free from dust and foreign matter and of approved quality, the pieces of which shall not have any dimension greater than three inches or less than one inch, shall be spread to a uniform depth, all of said foundation to be rammed until the same forms a solid and compact mass six inches in depth and having a smooth surface.
E. 
The transverse slope of the sidewalk shall rise 1/4 inch per foot from the established grade line at the face of the curb to the nearest edge of the pavement; the pavement shall be raised one inch above the elevation thus determined at the latter line; and the pavement and the remainder of the sidewalk shall continue with an upward slope of 1/4 inch per foot.
F. 
Wooden frames four inches in height shall be placed in the manner necessary to outline both external edges of the pavement accurately, the top of the frames being located to coincide with the established grade of the pavement. Gauges must be used to render the surface of the foundation layer and of the concrete parallel to the top of the walk.
G. 
Upon the foundation, a cement-concrete made of the best quality of approved portland cement, clean, sharp sand and fine gravel or broken stone shall be spread to a uniform depth of three inches. Said concrete shall be well tamped and brought to a smooth surface. The proportions of said concrete shall be as follows: one part, by measurement, of the best quality of fine ground approved portland cement; two parts clean, dry, sharp sand, mixed dry, by shovels and hoes; when such sand and cement are properly mixed, three parts of gravel, limestone or Ligonier stone, to be thoroughly worked into the mass and properly mixed while dry; gravel, limestone or Ligonier stone, to be clean, free from dust, dirt and foreign matter and to be such as will pass through a screen of 3/4 inch mesh and be retained on a screen of 1/4 inch mesh; only sufficient water to be then added to bring the mass to a stiff paste, to be thoroughly worked with hoes and shovels to bring to a uniform consistency. If a concrete mixer is used, it shall be of a design approved by the Street Committee or the Borough's Engineer.
H. 
Upon the concrete base shall be a top coating of an approved quality of portland cement and good, clean, sharp sand, thoroughly mixed dry in proportion to one part of cement to one part of sand or fine, sound crushed stone screenings and afterwards sufficient water added to make a stiff paste and the whole to be thoroughly mixed as above described, to be spread to a uniform depth of one inch and well troweled and floated down until made smooth, except on walks whereon the longitudinal grades are 5% or greater, on which the surface shall be roughened. No concrete base shall be permitted to set before the wearing surface is placed and finished. The pavements shall be formed or cut from the surface through the top coating and the concrete to the foundation into square blocks as long as the width of the pavement and 1/8 of an inch apart.
I. 
All work and materials shall be subject to the approval and shall meet the requirements of the Street Committee or the Borough's Engineer.
J. 
Drainage shall be provided at such places as are necessary in the opinion of the Street Committee or the Borough's Engineer.
[Amended 3-12-1996 by Ord. No. 455]
All curbs and gutters shall be either combined curb and gutter made of cement-concrete or else stone curb with brick gutter, as may be determined by the Borough Council or the Street Committee, and the same shall be constructed as follows:
A. 
Combined concrete curb and gutter.
(1) 
The curb shall be six inches wide and 12 inches deep, and the gutter shall be six inches below the top of the curb at the face of the curb. The gutter shall be six inches thick and 18 inches wide and shall be so constructed that the curb and gutter will be monolithic. The top corner at the face of the curb shall be 1/4 round with a radius of two inches, and the lower face corner at the intersection with the gutter shall be 1/4 round with a one-inch radius. The gutter shall have a rise of one inch in 18 toward the center of the street, i.e., the outer edge of the gutter shall be five inches below the top of the curb.
(2) 
The subgrade shall be prepared in the manner specified for sidewalk pavements, and upon the subgrade thus prepared shall be placed a foundation prepared of the materials and in the manner specified for sidewalk pavements. Upon this foundation shall be placed the curb and gutter, which shall be composed of a concrete core or backing, faced with finished mortar, one inch in thickness. The core or backing shall be composed of approved portland cement, one part; clean, sharp sand, two parts: and crushed rock or gravel, four parts. The crushed rock shall be clean and sound, broken so that every fragment will pass through a screen with meshes 1 1/4 inches square and be retained on a screen of one-fourth-inch mesh. The gravel shall conform to the above as to size and shall be clean and free from clay, loam or other impurities. The cement, sand and stone or gravel shall be first well mixed dry and then sufficient water added and the mixing continued until the proper consistency is secured. The concrete shall then be placed and thoroughly rammed. The facing or finishing mortar shall be composed of approved portland cement, one part, and clean, sharp sand, two parts, which shall be mixed in the same manner as the concrete described above. The entire exposed surface of the curb and gutter shall be faced by floating and troweling. The work shall be carried on uniformly and the whole curb and gutter completed while in a soft and plastic state so that it will become a homogenous solid when set.
(3) 
The curb and gutter shall be constructed in sections not less than five feet in length nor more than six feet. Expansion joints shall be 1/8 inch.
(4) 
The curbing and gutter shall be set to a true line and grade as established by this article, the depth of the excavation being determined by these specifications with reference to the established grade line.
(5) 
The rear of the curb shall be backed with not less than four inches of material specified for foundations, thoroughly tamped to the full depth of the curb.
(6) 
At street and driveway intersections, the curb and gutter shall be constructed in the same manner heretofore provided but following a curve of such radius as the Street Committee may direct. Where desirable at driveway intersections, the gutter shall be carried across the same at a width of 28 inches and shall be made concave to provide for drainage, the outer edge to be flush with the outer edge of the curb and gutter.
(7) 
Drainage shall be provided where the same is necessary in the opinion of the Street Committee.
B. 
Stone curbing.
(1) 
Stone curbing shall be of the best quality durable limestone, sandstone or granite, not less than 4 1/2 feet long, 18 inches deep and five inches thick and shall be of matched width throughout. Curbing shall be dressed 10 inches on the face, three inches on the back and chiseled 10 inches deep on the joint, with no projections beyond the chiseled part of the joint, the joint to be at right angles to the face. The top corner on the face of the curbing shall be cut round with a one-inch radius.
(2) 
Stone shall be set to the true line and grade of the curb in a bed of six inches of broken stone, gravel or cinders, thoroughly tamped and backed up with four inches of the same material in the rear, bed and backing to be thoroughly tamped with a heavy hand-tamper to the full depth of the stones. When set, no joints between curb stone shall exceed 1/4 inch, nor shall they average more than 1/8 inch.
(3) 
At street and driveway intersections, the curb shall be cut on a curve of such radius as the Street Committee may direct, with true and even joints, and shall be of the same description as the curb before described and set in the same manner.
(4) 
Drainage shall be provided where the same is deemed necessary in the opinion of the Street Committee.
C. 
Brick gutters.
(1) 
Brick gutters shall not be less than 18 inches in width, and the brick shall be of the best quality vitrified shale paving brick or block laid parallel to and adjoining the curb. Upon a subgrade prepared in the manner specified for sidewalk pavements shall be placed a cement-concrete base six inches thick, constructed of the material and in the manner specified for sidewalk pavements. A layer of clean, sharp sand two inches in depth when compacted shall be spread upon the base thus prepared and the brick or block closely laid in true straight lines, on edge, and lengthwise with the curb upon the bed or cushion of sand. The gutter shall then be made true and smooth by thoroughly ramming or rolling. The joints shall be filled with an approved cement or pitch filler.
(2) 
The gutter shall be laid so that at the curb the surface will be six inches from the top of the curb. The gutter shall rise toward the center of the street at the rate of one inch in 18 inches.
(3) 
At driveway intersections, the gutter shall be carried across the same at a width of not less than 30 inches and shall be made concave to provide for the free and proper flow of water and shall be constructed to conform to the foregoing specifications.
[Amended 3-12-1996 by Ord. No. 455]
At street intersections and at such other places as special exigencies may require, a change of grade, slope, width or lines of pavements, curbs and gutters may be made by the Street Committee subject in either case to the approval of the Borough Council.
Whenever requested by any property owner who proposes to pave or repave any sidewalk or to set or reset any curb, the Borough's Engineer shall set stakes showing the grade and line established for the curb.
All work shall be done under the direction and to the satisfaction of the Street Committee, and any work or material that does not conform to the requirements of this article shall be removed and replaced by work and material satisfactory to the Street Committee.
[Amended 3-12-1996 by Ord. No. 455]
All owners of lots of ground fronting or abutting on any street or highway where sidewalks have been or shall have been paved or where curbs or gutters have been or shall have been constructed are hereby required to keep and maintain said pavement, curbs and gutters in good order and repair and to repave or repair such sidewalks and repair or replace such curbs and gutters whenever, in the judgment of the Borough Council, the same is necessary. Whenever any sidewalk is repaved or any curb or gutter is replaced, the same shall be done according to the foregoing provisions relating to original paving, curbing and guttering.
A. 
Should any owner or owners of any lot or lots fail to grade, pave, repair or repave any sidewalk or to construct or repair or replace any curb or gutter in accordance with the requirements and provisions of this article within 30 days after the Borough Council shall have caused notice so to do to be served upon him/her, her or them in the manner now or hereafter provided by law or by this article, the same shall be done by the Street Committee by letting a contract or contracts or by otherwise procuring and supplying the labor and material and supervising the grading, paving, repairing, repaving, curbing or guttering of such sidewalk or the repairing of such curb or gutter or any or all of such work as the case may be; and, upon the completion thereof, the amount of the cost and expense thereof shall constitute a debt, municipal claim and lien against said owner or owners and against said lot or lots; and the same, together with all penalties, additions and costs allowed by law, shall be collected by action of assumpsit or by filing a lien with respect to such lot or lots therefor against said owner or owners and proceeding thereon to judgment, execution and sale in accordance with law.
[Amended 3-12-1996 by Ord. No. 455]
B. 
The provisions of this section are intended to include cases where any owner or owners shall have failed to complete any work commenced by him/her, her or them or shall have failed to do such work in accordance with the provisions of this article or shall fail to proceed with said work with due diligence after having commenced the same, as well as cases where such owner or owners shall have wholly failed to comply with this article and with notices given hereunder.
[Amended 3-12-1996 by Ord. No. 455]
All notices to grade, pave, repair or remove any sidewalk or to construct or repair or replace any curb or gutter under this article shall be issued in the name of the Borough, signed by the President of the Council or by the Secretary, and shall be served upon the owner of the premises to which such notice refers if said owner is a resident of the Borough. If said owner is not such resident, then said notice may be served on the agent or tenant of said owner or upon the occupant of said premises. If said owner has no agent or tenant or there is no occupier of said premises, then said notice may be served by printed or written notice tacked upon the premises. The Borough Council and the Street Committee may, in their discretion, use additional means to give actual notice to a nonresident owner.
A. 
It shall hereafter be unlawful for any owner or occupant of any lot or piece of ground fronting or abutting on any street or highway of the Borough of Edgeworth to permit the sidewalk along the abutting portion of such street or highway to become or remain in an unsafe or dangerous condition so as to endanger the traveling public.
B. 
Any person convicted of a breach of this section of this article shall incur and pay a fine of not less than $10 nor more than $25, to be collected according to law.
C. 
Nothing in this section contained and no payment of any fine imposed hereunder shall preclude the enforcement of the other provisions of this article or affect the right of the Borough of Edgeworth to indemnity against any claim for damages for injuries sustained by any person by reason of the dangerous or unsafe condition of such sidewalk.
Hereafter, it shall be unlawful for any person to grade, pave, repave or repair any sidewalk or construct or repair any curb or gutter on any street or highway of the Borough of Edgeworth otherwise than in strict accordance with the provisions of this article. Any person convicted of a breach of this section of this article shall incur and pay a fine of not less than $10 nor more than $25 to be collected as provided by law, without prejudice to the right of the Borough to proceed under the provisions of § 109-21 of this article, and any work done in violation of the provisions of this article shall be deemed a nuisance.