[Adopted 9-16-1969 as Ch. 44, Art. I, of the 1969 Code]
From and after the passage of this article, 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 Upland, 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, with the established lines and grades to be furnished by the Borough Building Inspector, within 30 days after receipt of notice to do so, as provided in § 158-4 of this chapter or after service of such notice in the manner hereinafter provided.
[Amended 12-10-1996 by Ord. No. 9-1996]
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 Upland 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 § 158-4 of this article or after the service of such notice in the manner hereinafter provided. 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 shall be signed by the Building Inspector. On failure of owner or owners to comply with the notice, said Council 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.
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 with the requirements of this article, it shall be the duty of the owner or owners of the ground fronting or abutting on such sidewalks on 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, repaving, 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 the notice refers if such owner or owners are residents of the Borough of Upland. If the owner or owners are not such a 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 be no occupier of such premises, then service shall be by posting 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 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, nor 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 quarter-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 a point not less than eight inches below the top and the back face tool-dressed to not less than three inches below the top. All curved curbing shall be cut and dressed as specified for straight stone curbing excepting 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 joints on stone curbing shall be true and straight and not exceeding one-fourth-inch in width for a distance of 12 inches below the top and may be wider from this point to the bottom. Under the joint between butting curbs shall be placed not less than one cubic foot of one to two to four cement-concrete upon which the curbs shall rest and these joints shall then 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, 18 inches at the bottom and with a depth of 18 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 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, but no indentation in the top of the curb being permitted for surface drainage. The proportion of portland cement, clean sharp sand and three-fourth-inch crushed pebbles or stone used in the curbing shall be one to two to four 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 or of such radius as shall be prescribed by the Borough Building Inspector. All curb joints to be left open clear through and on all faces, excepting that at every fourth or fifth joint the filler shall be of an approved bituminous material not less than 3/8 of an inch in thickness. Such filler to be placed at beginning and ending of all curb radii.
[Amended 12-10-1996 by Ord. No. 9-1996]
(3) 
Excavation. Excavation for curb subgrade shall be at a point not less than 18 inches from the top of the finished curb unless otherwise specified by the Borough Building Inspector, in which case it may be required that this excavation be increased a further depth of six inches and refilled with a tamped layer of 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 metal, but wooden forms may be used on curves with approval of the Borough Building Inspector, and neither shall be withdrawn within 24 hours from the pouring of the concrete.
[Amended 12-10-1996 by Ord. No. 9-1996]
(5) 
Mixing. The cement-concrete may be mixed upon the site in such manner and by such method as shall meet with the approval of the Borough Building Inspector or may be delivered on the job from a central mixing plant if the Borough Building Inspector so approves.
[Amended 12-10-1996 by Ord. No. 9-1996]
(6) 
Finishing. All finishing of curbs shall be attained by the application of a 1:2 mortar in all voids exposed upon withdrawal of forms and finally by rubbing in a manner to be approved by the Borough Building Inspector. 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.
[Amended 12-10-1996 by Ord. No. 9-1996]
C. 
Sidewalks.
[Amended 12-10-1996 by Ord. No. 9-1996]
(1) 
Excavation. The subgrade shall be excavated to a depth of four inches below and parallel with the top of the finished pavement and well compacted. If, after excavation, the subgrade is found to be of unsuitable material, then the Borough Building Inspector may, at his or her 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. The concrete may be job-mixed, or supplied from a central mixing plant, and each block of sidewalk jointed every four feet with every fourth joint opened to the subgrade and filled with an approved bituminous material upon withdrawal of the 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 and bituminous filler placed between said walk and the back face of the 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 with no indentation for surface drainage permitted.
D. 
Driveways. All private driveways constructed across the sidewalk area shall have the finished grade meet the finished grade of the sidewalk, and 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. The thickness of the concrete on all driveways, including concrete aprons and adjacent concrete paving, shall not be less than six inches in thickness and, where extra heavy traffic may use these driveways, the thickness may be increased to eight inches when so directed by the Borough Building Inspector and Streets and Equipment Committee. No dip in the continuity of the sidewalk grade across private driveways shall be permitted without the approval of the Borough Building Inspector and Streets and Equipment Committee.
[Amended 12-10-1996 by Ord. No. 9-1996]
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. The curb surface contacting the gutter depth shall have two coats of asphalt paint prior to placement of cement-concrete 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-fourth-inch commercial stones 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. 
Brick. Where necessary to lay or raise or lower and relay brick sidewalks, all relevant provisions of this article shall apply relating to notices, grades, procedures and methods. When relaying a brick sidewalk, new bricks shall be supplied and used where the old bricks have worn for 1/3 their thickness, and where, in relaying a brick sidewalk, it is necessary to raise or lower the grade, then the following requirements for new work shall be observed:
(1) 
Upon a well-tamped subgrade, a layer of well-tamped cinders, slag or other approved material shall be used and compacted to a depth of four inches upon which shall be placed a sand cushion two inches in depth. After the surface of the bricks has been brought to grade, sufficient sand shall be swept over the surface sufficiently to fill all joints and voids. The new bricks so used shall be hard, free of all flaws or defects.
G. 
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 Building Inspector. 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 Building Inspector with the approval of the Streets and Equipment Committee.
[Amended 12-10-1996 by Ord. No. 9-1996]
The paved width of all sidewalks in said Borough shall be not 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.
[Amended 12-10-1996 by Ord. No. 9-1996]
No sidewalk shall be constructed or reconstructed or 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 building permit for the same from the Borough. The costs of each building permit issued for such work shall be as set forth from time to time by resolution of Borough Council, and no such permit, having once been issued, shall be valid after 60 days from date of issue.
Any owner, person, firm or corporation who or which, upon their own initiative, shall engage in construction or reconstruction of sidewalks, curbs or gutters on the streets, highways, roads, avenues or alleys of the Borough of Upland shall be fully bound by the provisions and specifications of this article as fully as though they had been given notice to do such work as hereinbefore provided.
If any owner or owners of lots 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 the receipt of notice as required by this article or service of the same as hereinbefore provided, said Borough Council may 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 lots fronting or abutting the same and may collect the cost thereof, and 10% additional, together with all charges and expenses from such owner or owners and may file a municipal claim therefor or collect the same by action in assumpsit.
It shall be unlawful for the owner or owners of any property to place, allow or maintain any encroachments 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 shall 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 trunk of the tree. All planting or replanting of trees or shrubbery shall be in the area back of the sidewalk, and no trees or shrubbery will be permitted to be placed between the sidewalk and the curb.
[Amended 7-12-1988 by Ord. No. 7-1988]
Any person or persons who shall violate any of the provisions of this article shall, upon conviction before any District Justice in the Borough of Upland, be fined not more than $600 per day for each and every day such violation shall continue after notice thereof has been served as hereinbefore provided, together with costs of prosecution. All fines and penalties imposed by this article shall be recoverable by summary proceedings before any District Justice in the Borough of Upland. In default of payment of any fines or penalties imposed by any District Justice in the Borough of Upland, under provisions of this article, the person or persons so offending shall be committed to the County Jail for a period not exceeding 30 days.