Borough of Jacobus, PA Construction and Repair of Sidewalks and Curbs

Any legally adopted and/or legally opened street in the Borough of Jacobus, but not any alley, regardless of the designation thereof, of which the principal purpose shall be to gain access to the rear of properties abutting upon any street.

In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 205-10 Duty to construct and grade curbs and sidewalks.

It shall be the duty of every owner of property in the Borough, upon notice from the Borough Council, and within the time limit prescribed by such notice, to grade and construct concrete curbs and/or sidewalks along the entire street frontage of such property, according to the requirements and specifications set forth in this article, provided no sidewalk shall be required on any dead-end street or dead-end portion of a street which has no dwelling or commercial or industrial building fronting upon such dead-end street or dead-end portion of a street.

§ 205-11 Duty to reconstruct and repair curbs and sidewalks.

It shall be the duty of every owner of property in the Borough, upon notice from the Borough Council, and within the time limit prescribed by such notice, to reconstruct or repair the curb and/or sidewalk parallel to the portion of the street frontage of such property specified in such notice, in the manner stipulated in such notice. All such notices shall be served upon the owner of the property to which the notice refers if such property owner is a resident of the Borough. If the property owner is not a resident of the Borough, such notices may be served upon the agent or tenant of the property owner or upon the occupant of the property. If the property owner is not a resident of the Borough and has no agent or tenant, or the property is not occupied, then service of such notices shall be made by posting the property.

§ 205-12 Work performed by Borough; costs.

In any case where a property owner shall fail, neglect or refuse to construct, reconstruct or repair a sidewalk, as the case may be, within the time limit specified in the notice so to do, the Borough shall cause said work to be done, at the cost of such property owner, and shall collect the cost thereof, plus 10% additional, together with all charges and expenses, from such property owner and may file a municipal claim therefor or collect the same as otherwise provided by law.

§ 205-13 Permit required; establishment of lines and grades.

No curb or sidewalk shall be constructed or reconstructed unless a permit shall have been issued by the Borough and unless the line and grade of the proposed work shall first have been established by the Borough Engineer or other person designated by the Borough Council by resolution. Any curb or sidewalk constructed or reconstructed without the lines and grades having been established by the Borough Engineer or other person designated by the Borough Council by resolution, or placed otherwise than in conformity with such official lines and grades, shall be removed and replaced at the proper line and grade at the expense of the owner of the abutting property.

§ 205-14 Safety standards.

Adequate barriers and warning lights shall be maintained by the property owner at all times during the construction of curbs and sidewalks.

No materials, earth excavation or equipment shall be stored within the street cartway.

Adequate and safe provisions shall be made for the passage of pedestrians while the work is in progress.

§ 205-15 Restoration of destroyed or disturbed street paving.

No street paving shall be destroyed or disturbed beyond a line 12 inches outside the face of the curb. Any damage to street paving shall be restored to a condition satisfactory to the Borough at the permittee's expense.

§ 205-16 Width of sidewalks; grass plots.

Sidewalks shall be laid to the width predominating within the same block and on the same side of the street, but in no case shall sidewalks be less than four feet in width. Grass plots are permitted and shall be of the width predominating within the same block and on the same side of the street, but in no case less than 18 inches in width. The surface of grass plots shall be firm and level with the sidewalk and curb and safe for the use of pedestrians and not fenced or otherwise obstructed or maintained so as to endanger the public. Where adjoining properties have grass plots, and the property owner does not propose a grass plot, the rear line of the sidewalk (line most distant from the curb) shall match the rear line of adjoining walks, and the entire area from the curb to the rear sidewalk line shall be laid in concrete sidewalk.

§ 205-17 Private driveways.

Private driveway openings shall be provided with a depressed curb (or rolled concrete curb, when specifically permitted by Borough Council). The top of the depressed curb shall be from 1 1/2 or two inches above the gutter grade. The location, width and design of driveway openings shall conform to the Code of the Borough of Jacobus, including but not limited to Chapter 215, Subdivision and Land Development, Chapter 250, Zoning, etc., unless specific exceptions thereto are authorized by Borough Council. The rise from depressed curb to normal sidewalk grade shall be completed within the grass plot area. Where no grass plot area is provided, the rise from depressed curb to normal sidewalk area shall be completed within 24 inches from the face of the curb, and sidewalk at normal grade shall be provided not less than 30 inches in width across the driveway opening.

§ 205-18 Construction materials.

All sidewalks shall be constructed or reconstructed of concrete only, which shall be either:

(1)

Premixed certified portland cement concrete having a twenty-eight-day compressive strength of not less than 3,000 psi.

(2)

Site-mixed concrete mixed in proportions of one part portland cement, 2 parts sand and four parts stone, by volume, thoroughly mixed.

Provided, in any case where the owner of any property, in the interest of architectural harmony, shall petition the Borough Council for permission to construct a walk of brick or flagstone, instead of concrete, the Borough Council, at its discretion, may grant a variance permitting the use of such substitute material, provided that maximum pedestrian safety shall be assured. In all such cases, the advice of the Borough Engineer shall be sought, and such walks shall be constructed in strict conformity with special specifications and requirements directed by the Engineer.

§ 205-19 Forms.

The forms may be either steel or a good straight timber planed on the side adjacent to the concrete and oiled. Timber forms shall be not less than two inches in thickness, except radius forms, which shall be prefabricated of plywood to the proper radius. Curbs constructed on a curve of less than 200 feet radius shall be formed with plywood on a true circular curve, and rigid steel or two-inch timber forms shall not be used. Forms shall be straight, free from warp and of sufficient strength, when staked, to resist the pressure of the concrete without springing. Forms shall have a depth equal to that of the concrete.

§ 205-20 Construction methods.

The following methods shall be strictly adhered to in all work done pursuant to this article:

Excavations. Excavation shall be made to the required depth, and the material upon which the work is to be constructed shall be compacted to a firm, even surface. All soft and yielding material shall be removed and replaced with suitable material. Wherever it is necessary to remove old concrete work, care shall be taken not to damage adjacent concrete work which is to remain, and all broken concrete and excess material shall be removed and disposed of.

Construction of curbs. Straight curbs shall be six inches thick at the top, eight inches thick at the bottom, battered on the outside (steel) face, and 22 inches in depth. When specifically approved by Borough Council, a concrete rolled curb may be constructed measuring eight inches thick on the street face, 12 inches thick on the rear face, and 24 inches in width, with a rise of four inches from the top of the concrete at the street edge to the top of the curb at the rear, containing a gutter line or depression one inch below the street edge at a point six to 12 inches from the street edge. Concrete shall be placed in the forms in horizontal layers not to exceed five inches and spaded or vibrated sufficiently to eliminate all voids. Where necessary, drainage openings may be made through the curb at the elevation and of the size required. The top surface of the curb shall be finished true to line and grade in a smooth, neat and even manner by means of wood floats, and the edges of the face and back shall be rounded to a radius of not more than 3/4 of an inch and 1/4 of an inch, respectively, while the concrete is still plastic. The curb shall be constructed in continuous lengths not to exceed 60 feet, with contraction joints scored at the ten-foot laterals, and templates shall be pulled while the concrete is still plastic so that there shall not be a complete separation between sections. Premolded expansion joints 1/4 inch in thickness shall be placed at the end of each pour, but in no case at intervals exceeding 60 feet. In lieu of the above, the curb may be constructed in uniform lengths or sections of 10 feet, with complete separation between sections, in which event two No. 4 deformed reinforcing bar dowels 24 inches long shall be imbedded in the concrete. Dowels shall be on the vertical center line of the straight curb, six inches from the top and bottom, and on the horizontal center line of the rolled curb, six inches from the front and back faces. Bar dowels shall be provided at all expansion joints, and one end shall be rendered bondless with a coating or approved material and enclosed, in part, in approved tubes or caps which will provide a positive clearance pocket of at least 1/2 of an inch. Expansion joints shall be provided at the beginning and end of all curb radii, and one-quarter-inch premolded expansion joint material shall separate all curbs from sidewalk poured directly back of the curb and shall separate all curbs and/or sidewalks from utility poles, fire hydrants, walls, steps and other permanent structures abutting the work.

Construction of sidewalks. Sidewalks shall be not less than four inches in thickness, except, across driveway areas, sidewalks shall be not less than six inches in thickness. Sidewalks shall be laid on a grade sloping upward from the top of the curb at the rate of 1/4 inch per foot. The subgrade shall be earth, cinders, crushed stone, or other acceptable foundation approved by the Borough Engineer or such other design professional designated by Borough Council by resolution, carefully graded to provide proper concrete thickness, and tamped to provide even solid support. Sidewalks shall be constructed in separate slabs 30 feet in length, separated by premolded expansion joints 1/4 inch thick in thickness for the full depth of the concrete. Between expansion joints, the slabs shall be scored every five feet. Premolded expansion joint material shall separate the sidewalk from the curb and from any building, stairs, other pavement, utility poles, fire hydrants or other permanent structures. After being struck off to the required grade, the surface shall be worked with a wooden float, until thoroughly compacted free from irregularities of any kind, and brought to an even granular finish. Dry cement, or dry cement and sand, shall not be placed on the surface to hasten hardening. An edger having a one-quarter-inch radius shall be used for edging all joints.

Removal of forms. The forms shall not be removed within 12 hours after the concrete has been placed. No rubbing to correct irregularities will be permitted until the full curing period has elapsed. Any irregular surface shall be corrected by rubbing with a carborundum stone. Brush finishing or plastering will not be permitted, and all rejected curb shall be promptly removed and replaced. All joints in the curb shall be opened from top to bottom immediately after the forms are removed, and the edges adjacent to the joints shall be sharp and clean cut. After the forms are removed, minor defects shall be filled with mortar composed of one part of cement and two parts of fine aggregate.

Curing and backfilling. All concrete work shall be kept moist for at least 72 hours after placement. Concrete placed during cold weather shall be protected against freezing for not less than 72 hours by suitable means approved by the Borough Engineer. After curing, the spaces adjacent to the concrete shall be backfilled as follows:

(1)

Areas along the curb face or the gutter, between the new clean earth, tamped to street subgrade, eight inches below the top of curb.

(2)

Areas to the rear of curbs, between curbs and sidewalks, and the rear of sidewalks, shall be backfilled with topsoil previously removed in the excavation. This topsoil will be raked and graded to blend into the surrounding grass areas, eliminating water pockets.

Inspections. Construction of sidewalks and curbs may be subject to inspection by a designee of Borough Council at stages of construction as determined by Borough Council by resolution from time to time. The owner of the property shall be responsible for the payment of all inspection fees associated with such construction.

§ 205-21 Exceptions.

Where, in the opinion of the Borough Council, strict enforcement of the provisions of this article would result in undue hardship to a property owner in relation to the benefit to the property and the benefit to the Borough, an exception may be granted by the Borough Council.

§ 205-22 Violations and penalties.

[Amended 7-3-2013 by Ord. No. 2013-3]

Any owner of real property who does not comply with the provisions of this article shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this article.