[Adopted 7-10-2007 by Ord. No. 2007-1]
This Article
II shall be known as the "Jacobus Borough Sidewalk and Curb Ordinance."
A. The following words, as used in this article, shall have the meanings
hereby respectively ascribed thereto:
BOROUGH
The Borough of Jacobus and/or the Borough Council of Jacobus
Borough.
PERSON
Any natural person, partnership, association, firm or corporation.
PROPERTY
Any lot, parcel or piece of land abutting upon any street
in the Borough of Jacobus.
STREET
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.
B. 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.
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.
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.
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.
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.
A. Adequate
barriers and warning lights shall be maintained by the property owner
at all times during the construction of curbs and sidewalks.
B. No materials,
earth excavation or equipment shall be stored within the street cartway.
C. Adequate
and safe provisions shall be made for the passage of pedestrians while
the work is in progress.
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.
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.
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.
A. 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.
B. 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.
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.
The following methods shall be strictly adhered to in all work
done pursuant to this article:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
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.
[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.