[Adopted 7-6-1942 by Ord. No. 424, approved 7-6-1942]
Every person, which shall include also firms and corporations, owning ground fronting or abutting upon any street, highway, road, avenue or alley of the Borough of Marcus Hook which is or shall be brought to the established grade, shall grade and pave the ground and construct sidewalks, curbs and gutters, or any or all of them, in accordance with the provisions of this article and with the established lines and grades to be furnished by the Borough Engineer, within 30 days after receipt of notice so to do, as provided in § 175-4, or after service of such notice in the manner hereinafter provided.
[Amended 9-3-2013 by Ord. No. O-13-5, approved 9-3-2013]
It shall be the duty of all owners of ground fronting or abutting on any street, highway, road, avenue or alley of the Borough of Marcus Hook to keep their sidewalks in good repair and passable condition, whether such sidewalks are at the established grade or not, and when notified to do so, they shall make all necessary grading, paving, repaving and/or repairs of sidewalks and/or the construction of curbs and/or gutters within 30 days after receipt of notice as required by § 175-4 or after the service of such notice in the manner hereinafter stated; provided, further, that when sidewalks, curbs or gutters are in a dangerous condition they shall be temporarily repaired and rendered safe within 24 hours after the receipt of notice to that effect or after the service of such notice in the manner hereinafter provided, which notice may be signed by any member of the Highway Committee of the Borough Council, the Code Enforcement Officer or the Building Code Official, and upon failure of the owner or owners to comply with the notice, the said Committee, Code Enforcement Officer or Building Code Official shall have the necessary temporary repairs made, and the proper Borough authorities shall collect the costs of the work and the materials from such owner or owners in the manner provided by law. The phrase "good repair" of all sidewalks and curbs within the Borough of Marcus Hook shall include the removal of any grass, weeds, trash, debris, refuse or foliage located and/or growing in the street or curb joint abutting a public street. Further, all owners or occupants of properties within the Borough are prohibited from placing or dumping the clippings of grass, foliage, bushes, or trees, as well as trash and debris, refuse, etc., into a public street.
When any street is or shall be brought to the
established grade and it is found that the sidewalks, curbs and gutters
already constructed do not conform to the established grade or width
or to the requirements of this article, it shall be the duty of the
owner or owners of the ground fronting or abutting on such sidewalks
or any such street, highway, road, avenue or alley to repave or correct
such sidewalks, curbs and/or gutters in accordance with the proper
lines and grades and with the provisions of this article within 30
days after the receipt of notice to that effect or after the service
of such notice, served as hereinafter provided.
All notices directing, requiring and/or regulating
the grading, paving, correcting or repairing of sidewalks or the construction,
correction or repairing of curbs and/or gutters shall be printed or
written and shall specify the width to be paved and the location of
such proposed sidewalk. All such notices shall be served upon the
owner or owners of the premises to which such notice refers, if such
owner or owners are residents of the Borough of Marcus Hook. If the
owner or owners are not such resident or residents, then the notice
may be served upon the agent or tenant of the owner or owners or upon
the occupant of such premises, if any. If the owner or owners have
no agent or tenant or there is no occupier of such premises, then
service shall be by posting the said printed or written notice upon
the premises.
A.
Materials. Said paving and/or repaving, curbing and/or
recurbing, guttering and/or reguttering shall be constructed of cement-concrete
or of such other material as shall meet with the approval of the Borough
Council.
B.
Curbs.
(1)
Stone. This type of curbing shall consist of granite
or other approved stone. It shall be not less than five inches in
width at the top, not less than 22 inches in depth and not more than
eight feet nor less than four feet in length. The bottom of the stone
curb preferably should be two inches wider than the top. The top surface
shall be tool-dressed and with a one-fourth-inch bevel, the ends of
the curb cut square for the full depth and width of the stone, and
the front face of the curb tool-dressed to not less than three inches
below the top. All curved curbing where the radius exceeds five feet
shall be cut and dressed as specified for straight stone curbing,
except that the width at the top shall be six inches, the width at
the bottom eight inches and the back face vertical and the front face
on a batter. All stone curb radii under five feet shall be cast as
a cornerstone where the top and front face only shall be tool-dressed
as specified for straight curbing. All joints on stone curbing shall
be true and straight and not exceed 1/4 inch in width for a distance
of 12 inches below the top and may be wider from this point to the
bottom. All joints shall be filled and pointed with a stiff mortar
composed of one part of portland cement and two parts of approved
sand. When indicated or directed, drainage openings shall be made
through the stone curbing at the elevation and of the size required.
Any curbing required crossing the entrance to an alley, driveway or
private entranceway shall have the top set two inches above the outside
edge or gutter line of the finished roadway pavement.
(2)
Cement-concrete. These shall be of monolithic construction
with a width of six inches at the top, eight inches at the bottom
and with a depth of 20 inches and each section 10 feet in length,
excepting where necessary to make closures, where the minimum length
may be four feet. The back face shall be vertical. Any curbing required
crossing the entrance to an alley, driveway or private entranceway
shall have the top finished within two inches above the outside edge
or gutter line of the finished roadway pavement. When indicated or
directed, drainage openings shall be made through the cement-concrete
curb at the elevation and of the size required. The proportion of
portland cement, clean sharp sand and three-fourths-inch crushed pebbles
or stone used in the curbing shall be 1:2:4, volumetric measuring.
When the temperature of the air falls below 40° F., calcium chloride
must be added to the mix to ensure quick setup. Its use shall be a
proportion not exceeding 4% of the cement used. All curb returns at
street intersections shall be circular and have a radius not less
than equal to the least width of the sidewalk area of such intersecting
streets. All joints are to be filled with bar sand upon withdrawal
of forms and templates, excepting that for every fourth or fifth joint,
the filler shall be of an approved bituminous material not less than
3/8 of an inch in thickness.
(3)
Excavation. Excavation for curb subgrade shall be
at a point not less than 20 inches from the top of the finished curb
unless otherwise specified by the Borough Engineer, in which case
it may be required that this excavation be increased a further depth
of six inches and refilled with a tamped layer or stone, gravel, rubble
or cinders due to unsuitable conditions. Backfilling around all curb
construction shall be hand-tamped and grass plots and other adjacent
sidewalk areas brought to a level not lower than the top of the curb.
(4)
Forms. These shall be of such material and type as
will meet with the approval of the Borough Engineer and shall not
be withdrawn within 24 hours from the pouring of the concrete.
(5)
Mixing. The cement-concrete may be mixed on the site
in such manner and by such method as shall meet with the approval
of the Borough Engineer or may be delivered on the job from a central
mixing plant if the Engineer so approves.
(6)
Finishing. All finishing of curbs shall be attained
by the application of a one-to-two mortar in all voids exposed upon
withdrawal of forms, and finally by rubbing in a manner to be approved
by the Borough Engineer. At no time will a finish be permitted by
the application of a mortar coating on the poured or tooled surfaces
of the curb. The outer edge of the top of the curb shall have a radius
of not less than 3/4 of an inch while all other edges shall have a
radius of 1/4 of an inch.
C.
Sidewalks.
(1)
Excavation. The subgrade shall be excavated to a depth
of four inches below and parallel to the top of the finished pavement
and well compacted. If, after excavation, the subgrade is found to
be of unsuitable material, then the Borough Engineer may, at his discretion,
require additional excavation to a depth of not less than six inches
and its replacement with cinders or rubble well compacted.
(2)
Cement-concrete. The ingredients for cement-concrete
sidewalks shall be of the same proportion as provided for under curbs.[1] The concrete may be job-mixed or supplied from a central
mixing plant, and each block of sidewalk shall be jointed every four
feet, with every fourth joint opened to the subgrade and filled with
an approved bituminous material upon withdrawal of forms and templates.
This bituminous filler shall be not less than 3/8 of an inch in thickness.
At street corners the sidewalk tangent shall be extended each way
across grass plots to the curved curb. All sidewalks shall have a
slope of 1/4 inch per foot toward the curb. All sidewalks shall be
of monolithic construction, and finishing to be by screeding, floating
and brushing.
D.
Driveways. All private driveways constructed across
the sidewalk area shall have the finished grade meet the finished
grade of the sidewalk, with the ramp or approach beginning two inches
above the gutter line of the roadway pavement and terminating at the
edge of the sidewalk nearest to the curb. Curb returns are not required
for this type of driveway approach.
E.
Gutters. Cement-concrete gutters shall be not less
than six inches in depth, 20 inches in width and jointed where possible
every 10 feet. These shall be constructed separately from the curbs,
and the curb surface contacting the gutter depth shall have two coats
of asphalt paint prior to replacement of cement-concete in the gutter.
The proportion of cement-concrete shall be one part of portland cement,
two parts of clean sharp sand and 3 1/2 parts of clean three-fourths-inch
commercial stone or crushed pebbles, volumetric measuring. All joints
shall be filled with an approved bituminous material upon withdrawal
of forms and templates and finishing to be by screeding, floating
and brushing.
F.
Relevant provisions. Excavating, laying, constructing,
form work, jointing, edging and finishing of all curbs, sidewalks,
driveways and gutters shall be according to the best practice and
methods and in every case such as will meet with the approval of the
Borough Engineer. Every provision separately noted under curbs, sidewalks,
driveways or gutters and applying under each of another classification
shall be with as full force and effect as if set out at length in
each such classification of curbs, sidewalks, driveways and gutters.
Any materials, practices and methods to be employed in these classifications
and not now contemplated in these specifications may be put into effect
or regulated by the Borough Engineer, with the approval of the Chairman
of the Highway Committee.
The paved width of all sidewalks in said Borough
shall not be less than four feet. The width of the paved portion of
the sidewalk area and the location thereof shall be as directed by
resolution of the Borough Council, and those parts not occupied by
the paving shall be brought to the official Borough grade, and no
unpaved area between the sidewalk and the back face of the curb shall
be less than 24 inches in width.
[Amended 9-3-2013 by Ord. No. O-13-5, approved 9-3-2013]
No sidewalk shall be constructed or reconstructed
nor any grading, paving or repaving done to the same and no gutters
or curbs shall be constructed or corrected until the owner or owners
of the ground, or the person having charge of the work, shall first
have obtained a permit for the same from the Code Enforcement Officer
of the Borough. The permit shall be placed, by the party applying
for the same, in the hands of the Borough Engineer, who shall furnish
the said person with the established lines and grades, for which services
he shall receive his proper charge from the Borough Council, provided
that if, in the judgment of the Borough Engineer, such construction
or reconstruction, grading, paving, repaving or repairing shall be
inexpedient or dangerous because of the existing grade of the street
or of the contiguous sidewalk, such permit shall not issue, or if
issued, shall be confiscated by the Borough Engineer and returned
to the Borough Code Enforcement Officer for cancellation and the cost
thereof shall be returned to the applicant. The cost of each permit
shall be determined by resolution of the Council of the Borough of
Marcus Hook and may, from time to time, be changed by resolution.
No permit shall be valid after 60 days from date of issue.
Any owner, person, firm or corporation engaging
in construction or reconstruction of sidewalks, curbs or gutters on
the streets, highways, roads, avenues or alleys of the Borough of
Marcus Hook shall be fully bound by the provisions and specifications
of this article, as fully as if upon notice to do such work as hereinbefore
provided.
If any person or persons shall neglect or refuse
to grade, pave, repave or repair any sidewalk or to construct, correct
or repair any curb or gutter or to keep the same in repair pursuant
to notice given as above mentioned for the space of 30 days after
receipt of notice as required by this article or service of the same
as hereinbefore provided, the Borough Council shall forthwith cause
such grading, paving, repaving and repairing of sidewalks and such
constructing, correcting and repairing of curbs and gutters to be
done at the cost of the owner or owners of the ground fronting or
abutting the same, and the proper Borough authorities shall collect
the cost of same, with 10% additional as provided by law, from such
owner or owners, by action in assumpsit or by filing a municipal lien
against the said property.
It shall be unlawful for the owner or owners
of any property to place, allow or maintain any encroachment or obstructions
upon the sidewalk area fronting or abutting such property, such as
a porch, building extension, steps, railings, fences, hedges or other
shrubbery. Excavations for a basement or cellar door at grade, with
protecting grating or railing, may be permitted by the Borough Council
upon application duly made, which said application shall specifically
set forth the construction desired and the manner in which the same
will be maintained. It shall also be unlawful to place or allow any
awning to be constructed, hung or maintained over a sidewalk area
at a height less than seven feet above the sidewalk grade. It shall
also be unlawful to permit the branches of any tree in the sidewalk
area to be at a height less than nine feet above the sidewalk area,
except that in the case of young trees, the branches may be permitted
to extend over the sidewalk area a distance of not more than two feet
from the truck of the tree.
[Amended 9-6-1988 by Ord. No. O-88-5,
approved 9-6-1988]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable for each
offense by a fine of up to the maximum amount provided from time to
time by state statute.
