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Borough of Elizabethtown, PA
Lancaster County
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Table of Contents
Table of Contents
[Ord. 693, 1/19/1989, § 1]
The owner or owners of all lots fronting or abutting upon any public street or alley shall construct, lay, set and maintain in good repair and condition, satisfactory to Borough Council, the respective sidewalks and curbs in front of or alongside their respective lots, according to the elevations, grade, width, height and slope which are now or hereafter established by the Borough, and of the materials and specifications hereinafter prescribed.
[Ord. 693, 1/19/1989, § 3]
1. 
Notification and Permits. A permit must be obtained prior to any curb or sidewalk construction. The owner or contractor should notify the Borough: after the string line has been set to proper line and grade; after setting the forms and before placing of concrete and after forms have been removed prior to backfilling. The owner/contractor is responsible for notifying all utility companies prior to the start of work.
2. 
Line and Grade. Curbs and sidewalks shall be constructed in accordance with approved development and/or Borough plans and specifications and to lines and grades established by the Borough.
[Amended by Ord. No. 991, 4/18/2019]
3. 
Safety. The contractor shall leave the work area clean and neat at the end of each day. All excess excavated material shall be removed from the site daily, or as directed by the Borough. All work started must be completed within seven consecutive calendar days, unless otherwise approved by the Borough. Appropriate barricades shall be placed around the work area in such a manner as to protect both pedestrian and vehicular traffic while potential hazards to both pedestrian and vehicular traffic exist or as directed by the Borough. Such barricades shall be properly lighted during night hours or as directed by the Borough. All work zone traffic control shall be per the current edition of PennDOT Publication 213, Temporary Traffic Control Guidelines, or as approved by the Borough. Any road closure and subsequent detour route(s) must be submitted to the Borough for approval at least 48 hours in advance of the proposed construction. All traffic control devices required for road closure and detour routes shall be the responsibility of the contractor.
[Amended by Ord. No. 991, 4/18/2019]
4. 
Obstructions. Where existing structures such as light standards, utility poles, fire hydrants and the like are within the limits of curbs or sidewalk construction, a premolded expansion joint, not less than 1/2 inch in width, shall be placed completely around said obstruction for the full depth of the concrete and brick. Furthermore, expansion joint material shall be placed to form a square, 12 inches from each side of the obstruction. No obstruction other than those listed above shall be permitted to be placed within a sidewalk or curb without approval from the Borough.
[Amended by Ord. No. 991, 4/18/2019]
5. 
Downspouts. All downspout roof leaders to be located within the area of the sidewalk and curb shall be placed under the sidewalk in three-inch diameter, minimum, Schedule 40 PVC pipe, or as approved by the Borough. Construct in accordance with the detail shown on Exhibit A.[1] A two-inch curb reveal shall remain between the downspout invert and the finished street surface unless otherwise approved by the Borough.
[Amended by Ord. No. 991, 4/18/2019]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
6. 
Street Signs. The property owner's contractor is responsible for knowing the location of existing street signs before construction begins. Where existing street signs are within the limits of sidewalk construction, a four-inch polyvinylchloride (PVC) pipe sleeve shall be installed by the property owner's contractor. This pipe sleeve shall extend the entire depth of the concrete. In addition, the sleeve shall be installed so that the edge of the sign being installed will be even with the sidewalk side (back) of the curb. This installation shall not interfere with compliance with the then-current United States Americans With Disabilities Act, as amended, PennDOT design standards and specifications, as amended, or regulations adopted pursuant thereto. The contractor shall contact the Borough in the event of questions about the installation of sign sleeves. In the event that a stop sign or other traffic control sign is involved, temporary provisions shall be made to keep such sign erect and visible to motorists. No sign sleeves shall be installed within the limits of the curb.
[Amended by Ord. No. 991, 4/18/2019]
7. 
Handicap Ramps. A minimum of one ramp shall be provided at each corner of the intersection. Curb ramps shall have a minimum width of four feet at the street surface unless otherwise approved by the Borough. All ramps shall comply with the United States Americans With Disabilities Act (refer to 42 U.S.C. § 12101 et seq.) and all regulations adopted pursuant thereto and shall comply with the construction details in PennDOT Publication 72M, Standards for Roadway Construction, in effect at the time of installation.
[Amended by Ord. No. 991, 4/18/2019]
8. 
Monuments. No monuments or property corners shall be covered or disturbed by the construction of a sidewalk or curb. Where existing monuments are either above or below the projected finished grade, the Borough shall be notified to approve the resetting of said monuments prior to construction.
[Ord. 693, 1/19/1989, § 4; as amended by Ord. 722, 4/16/1992, § 1]
1. 
Sidewalks.
A. 
Where existing sidewalks extend from the building line to the curb or are of a greater width than provided below, any repair or construction shall be completed in accordance with the existing width of the sidewalk.
B. 
The whole width of any paved portion of the sidewalk area from the building line to the curb shall be graded according to the established grade.
C. 
All concrete sidewalks shall have a minimum thickness of four inches of concrete.
D. 
Excavations for sidewalks shall be made to the required depth, and a layer of crushed stone not less than four inches thick shall be placed and thoroughly compacted prior to the laying of the sidewalk.
E. 
Where a sidewalk is placed adjacent to the curb, there shall be an expansion joint placed between them for the entire length.
F. 
On a sixty-foot wide street, where sidewalks are being built for the first time, 10 feet shall be set apart on either side for a forty-foot wide cartway, of which 10 feet, four feet shall be sidewalks, 5 1/2 feet shall be lawn strip between the sidewalk and curb, and 1/2 foot shall be curb.
G. 
On a fifty-six-foot side street, where sidewalks are being built for the first time, eight feet shall be set apart on either side of a forty-foot-wide cartway, of which eight feet, four feet shall be sidewalk, 3 1/2 feet shall be lawn strip between the sidewalk and the curb, and 1/2 foot shall be curb.
H. 
Where planting of a grass strip is provided, it shall be planted with grass and shall at all times be kept closely trimmed. No planting of trees or shrubs within the grass strip shall be permitted.
I. 
Wherever possible, property owners shall maintain a uniform design for curb and sidewalk replacement within the block. If a grass strip exists between the curb and sidewalk, the grass strip should be preserved when the sidewalk is replaced, particularly when the majority of sidewalks within a block contain grass strips.
J. 
Sidewalks shall have a uniform fall of 1/4 inch to the foot from the building line toward the curb. The grass strip between the sidewalk and the curb, if any, shall conform to the same slope.
K. 
Expansion joint material must be placed no more than 20 lineal feet, the beginning and end of the radius, a change in horizontal alignment or property lines. Construction joints must be placed at a maximum distance of five lineal feet. Construction joints may be hand-tooled or saw-cut to a depth of 1/2 inch.
L. 
Sidewalks across private driveways shall be constructed without any step or break in grade from the abutting sidewalks. The sidewalk across the private driveway may be constructed of concrete or asphalt as approved by the Borough.
M. 
Mudjacking, Concrete Raising, or Slabjacking. Mudjacking is allowed for correction of certain defects, such as a settled panel. It is not permitted if the panel is cracked or damage is being caused by a tree root. If mudjacking is unsuccessful, the sidewalk shall be replaced. A permit and inspection are required if sidewalk defects are corrected using mudjacking.
[Added by Ord. No. 991, 4/18/2019]
N. 
Grinding. Grinding/cutting is allowed for correction of certain defects, such as trip hazard removal. Grinding of trip hazards with a vertical displacement of over one inch is not allowed. Trip hazards shall be removed by cutting a slope that is less than the ADA-compliant slope for a ramp (8.33%). (Example: a panel which is raised 1/2 inch, the grinding shall extend six inches, at a minimum, onto the raised panel.) Slope shall be planar and smooth with no surface irregularities. Grinding is not allowed if damage is caused by a tree root. If grinding/cutting is unsuccessful, the sidewalk shall be replaced. A permit and inspection are required if sidewalk defects are corrected using grinding/cutting.
[Added by Ord. No. 991, 4/18/2019]
O. 
Patching. Patching of sidewalk is not permitted.
[Added by Ord. No. 991, 4/18/2019]
2. 
Curbs.
A. 
Curbs to be installed shall be constructed of concrete with a six inch dressed surface on top, an eight inch exposed surface or reveal along the street side, which shall likewise be dressed and extend a minimum of 14 below the street surface and have an eight inch base. The exposed surface or reveal on the street side shall include a one inch batter from the street surface to the top of the curb. Portions of curb which are replaced between two good sections shall have the same exposed surface or reveal as the existing curb.
B. 
Construction joints shall be placed at a maximum of 15 lineal feet. The construction joints may be hand-tooled or saw-cut to a minimum depth of 1 1/2 inches. The construction joint shall traverse the top of the curb and continue down the face of the curb a minimum of 10 inches on the street side. Expansion joint material may be substituted for construction joints.
C. 
Expansion joint material shall be placed in curbs at the end of each workday, at the beginning and end of a radius, at a change in horizontal alignment or property line.
D. 
Excavation shall be made to the required depth, and the material upon which the curb is to be constructed shall be compacted to a firm, even surface. Where the subgrade is soft or spongy, a layer of crushed stone not less than four inches thick shall be placed under the curb.
E. 
Street excavation for curb installation shall be parallel to the finished curb a minimum of 12 inches and a maximum of 24 inches from the face of the curb and shall be saw cut in a straight line. All material excavated from the street shall be replaced with PennDOT-approved 2A stone or its equivalent, and mechanically compacted to within six inches of the finished road surface.
[Amended by Ord. No. 991, 4/18/2019]
F. 
A depressed curb shall be constructed across every private driveway by the owner or owners. The curb shall remain at least one inch above the finished street surface.
G. 
Patching. Patching of curbs is not permitted.
[Added by Ord. No. 991, 4/18/2019]
3. 
Brick Sidewalks.
A. 
Property owners may install brick paving in place of concrete sidewalk as provided for in this § 103.
B. 
Construction of brick sidewalks shall consist of a four-inch layer of crushed 1B or 2B stone, compacted, a three-and-one-half-inch layer of concrete base, a one-inch mortar pad and a layer of brick. Empty or sand-filled joints may be used following the brick layer. A construction detail of brick sidewalk is shown on Exhibit A.[1]
[Amended by Ord. No. 991, 4/18/2019]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
C. 
Where the brick paving abuts a curb, expansion joints should be provided and [installed in accordance with § 104].
D. 
Replacement of a portion or all of an existing sidewalk must be done using the construction methods and material specifications contained throughout this Part.
E. 
Handicap ramps which are adjacent to or an extension of brick sidewalk must be constructed of concrete as required by this Part.
F. 
Where a property owner desires to replace only a portion of an existing brick sidewalk, the replacement portion shall be installed in accordance with the construction methods contained herein.
G. 
A design that combines both brick and concrete must be approved by the Borough Council.
H. 
The transition between brick paving and concrete sidewalk shall be smooth.
4. 
Standard Rolled Curb.
A. 
Prior to a street resurfacing project, owners of properties with existing rolled curb that is in good condition will not be required to replace their curbs. Properties that have deteriorated rolled curb will be required to replace the deteriorated sections with rolled curb.
B. 
The following are recognized by the Borough as streets with existing rolled curb:
(1) 
Conoy Avenue. From Lime to 175 feet east of Iris Circle.
(2) 
Hillside Avenue. From Watercress to Lime.
(3) 
Iris Circle.
(4) 
Lime Street. From Hillside Avenue to Conoy Avenue.
(5) 
Oak Street. From 134 feet west of Watercress Lane to Lime Street.
(6) 
Overlook Circle.
(7) 
Spring Garden Street. From 136 feet west of Watercress to 80 feet east of Sunrise Boulevard.
(8) 
Sunrise Boulevard. From 80 feet north of Spring Garden Street to Conoy Avenue.
(9) 
Watercress Lane. From Hillside Avenue to Summit Street.
C. 
Prior to repaving, the Borough will "mill" off approximately one inch of road surface on the street side of the curb. Once the street is milled, the new paving will be placed level with the existing curb grade as part of the resurfacing project.
D. 
Standard rolled curb shall be installed in accordance with Exhibit A.[2]
[Amended by Ord. No. 991, 4/18/2019]
[2]
Editor's Note: Said exhibit is included as an attachment to this chapter.
E. 
Construction joints shall be placed at a minimum of 10 lineal feet. The construction joints may be hand tooled or saw cut to a minimum depth of 1 1/2 inches. The construction joint shall traverse the top of the curb and continue down the face of the curb a minimum of 1 1/2 inches on the street side. Expansion joint material may be substituted for construction joints.
F. 
Expansion joint material shall be placed in curbs at the end of each workday, at the beginning and end of a radius, at a change in horizontal alignment or property line.
G. 
Excavation shall be made to the required depth and the material upon which the curb is to be constructed shall be compacted to a firm, even surface. Where the subgrade is soft or spongy, a layer of crushed stone not less than four inches thick shall be placed under the curb.
H. 
Street excavation for curb installation shall be parallel to the finished curb a minimum of 12 inches and a maximum of 24 inches from the face of the curb and shall be saw cut in a straight line. All material excavated from the street shall be replaced with PennDOT-approved 2A stone or its equivalent, and mechanically compacted to within six inches of the finished road surface.[3]
[Amended by Ord. No. 991, 4/18/2019]
[3]
Editor's Note: Former Subsection I, which stated that a depressed curb shall be constructed across every private driveway by the owner or owners and shall remain at least one inch above the finished street surface, which immediately followed this subsection, was repealed by Ord. No. 991, 4/18/2019.
5. 
Standard Slanted Curb.
[Added by Ord. No. 991, 4/18/2019]
A. 
Prior to a street resurfacing project, owners of properties with existing slanted curb that is in good condition will not be required to replace their curbs. Properties that have deteriorated slanted curb will be required to replace the deteriorated sections with slanted curb.
B. 
Standard slanted curb shall be installed according to the dimensions shown on Exhibit A.[4]
[4]
Editor's Note: Said exhibit is included as an attachment to this chapter.
C. 
Construction joints shall be placed at a minimum of 10 lineal feet. The construction joints may be hand tooled or saw cut to a minimum depth of 1 1/2 inches. The construction joint shall traverse the top of the curb and continue down the face of the curb a minimum of 1 1/2 inches on the street side. Expansion joint material may be substituted for construction joints.
D. 
Expansion joint material shall be placed in curbs at the end of each workday, at the beginning and end of a radius, at a change in horizontal alignment or property line.
E. 
Excavation shall be made to the required depth, and the material upon which the curb is to be constructed shall be compacted to a firm, even surface. Where the subgrade is soft or spongy, a layer of crushed stone not less than four inches thick shall be placed under the curb.
F. 
Street excavation for the curb installation shall be parallel to the finished curb no more than two feet from the face of the curb and shall be jackhammered or saw cut in a straight line. All material excavated from the street shall be replaced with 2A modified stone or its equivalent and compacted to within three inches of the finished road surface.
[Ord. 693, 1/19/1989, § 5]
1. 
Material Specifications. All materials shall conform to PennDOT Form 408, latest edition. All sidewalks and curbs shall be constructed of 3,000 pound concrete with a 4% to 6% air entrainment ingredient and a maximum slump of three inches, constructed level on stone backfill with a minimum thickness of four inches. The use of calcium chloride is prohibited from the concrete used for repair or construction. Where slip forms are used a maximum slump of 1 1/2 inches shall be permitted. High early concrete must be used when slip forming. No concrete shall be placed when the air temperature is below 40° F. Curing compound may be applied to retain moisture to allow for the complete hydration of the concrete. No material such as asphalt, macadam or blacktop shall be substituted for these specifications.
2. 
Forms. Forms shall be of wood or metal, straight, free from warp, and of sufficient strength to resist the pressure of the concrete without springing. If of wood, they shall be two inch planks, surfaced on the inside and the top. Forms shall be of a depth equal to the depth of the concrete. A front and back form shall be used for curb except where a good concrete sidewalk, which is not removed, abuts the new curb. Forms shall be accurately set to line and grade in such a manner as to prevent settlement or displacement.
3. 
Finishing. All forms must be removed within 24 hours after the concrete has been placed, and minor defects shall be filled with mortar composed of one part Portland cement and two parts fine aggregate. The top and face of the curb from the top of 10 inches below or to the top of the street surface, when in place, shall be finished while the concrete is still green by rubbing the surface with a carborundum stone, soft brick or wood blocks and water until smooth, even surface is produced. All joints in the curb shall be promptly opened from top to bottom and edges adjacent to the joints shall be sharp and clean cut. Sidewalks shall be finished after pouring before the concrete sets.
4. 
Curbing. Concrete curbs and sidewalks shall be protected from rainstorms with paper, burlap, canvas, or similar materials. Curing compound may be applied to retain moisture in concrete to allow complete hydration of the cement. Plastic, burlap, straw, or other types of moisture bearer must be used to maintain concrete wet during the drying process for at least seven days after pouring, if curing compound is not used. No concrete shall be placed when the temperature is below 40° F. To help prevent spalling and deterioration of concrete surface from winter damage, a concrete hardener may be applied 28 days after concrete is poured.
5. 
Backfilling and Sealing. After the concrete has cured sufficiently, spaces adjacent to the curb and sidewalk shall be refilled with acceptable material in layers of not more than four inches in depth. Each layer shall be thoroughly compacted to the required elevation. The final layer of back fill shall consist of topsoil previously stripped, or new topsoil, and shall be properly seeded. On the roadway side of all curbs, upon completion of curb installation, the contractor shall contact the Borough. The Borough will assess trench restoration needs and mark for restoration. The contractor shall saw cut as marked. All material between the saw cut and curb shall be removed to a depth of 12 inches. Excavated area will be filled with six inches compacted depth PennDOT-approved 2A stone; four inches compacted depth 25 mm base asphalt 0 < .3 ESALs; and two inches compacted depth 9.5 mm wearing asphalt 0 < .3 ESALs; or as specified by the Borough. Both edges of the bituminous surfacing material shall be sealed with a thin coating of AC-20 sealant or its equivalent.
[Amended by Ord. No. 991, 4/18/2019]
6. 
Expansion Joints. Where a sidewalk abuts the curb, or a building, wall or other permanent structure, a premolded expansion joint 1/2 inch in thickness shall be placed between the curb and sidewalk for the full length of such permanent structure. The slabs shall be constructed in twenty-foot maximum lengths with premolded expansion material having a minimum thickness of 1/2 inch separating slabs transversely.
[Amended by Ord. No. 991, 4/18/2019]
7. 
Scoring. For sidewalks, scoring shall be done transversely at evenly spaced intervals of not more than five feet. The depth shall be 1/5 the thickness of concrete and in no case less than 1/2 inch deep. For curbs, scoring shall be done at no greater than fifteen foot intervals. The scoring shall be done transversely and extend continuously down the face of the curb 10 inches. The score shall be 1 1/2 inches deep. Expansion joints may be substituted for scoring.
8. 
Blacktop Curb and Sidewalks. Where no curb and sidewalk currently exists, blacktop curb and/or sidewalk may be installed by special permission from Borough Council.
[Added by Ord. No. 991, 4/18/2019]
[Ord. 693, 1/19/1989, § 6]
Borough Council may, by resolution, authorize the construction of curbs and sidewalks other than as specified herein upon written request from the property owner.
[Ord. 693, 1/19/1989, § 7; as amended by Ord. 829, 11/15/2001]
1. 
Curb and Sidewalk Replacement. Prior to the bituminous concrete overlay on any State highway route, within the Borough, the Borough shall require, upon 120 days written notification to the property owner, that a curb be replaced that does not have a normal life expectancy of more than five years. Prior to the bituminous concrete overlay on any State highway route, the Borough may require, upon 120 days written notification to the property owner, that a sidewalk be replaced that does not have a normal life expectancy of more than five years.
2. 
Curb and Sidewalk Replacement-Nonstate Highway Route. Prior to a bituminous concrete overlay, the Borough shall require, upon 120 days written notification to the property owner, that a curb and sidewalk be replaced that does not have a normal life expectancy of more than five years or does not have sufficient curb reveal in the opinion of the Borough Engineer to provide pedestrian protection or adequately control stormwater within the street.
3. 
The Borough Manager shall determine which curb and sidewalk meet the specifications required above and notify the respective owner of necessary action.
4. 
General Powers. Borough Council at any time may require installation of curb and/or sidewalk in any area of the Borough where curb and/or sidewalk is missing, deteriorated or does not have a life expectancy of more than five years, or does not have sufficient curb reveal in the opinion of the Borough Engineer to provide pedestrian protection or adequately control stormwater within the street.
[Ord. 693, 1/19/1989, § 8; as amended by Ord. 937, 2/16/2012; by Ord. 941, 9/20/2012]
The following streets and alleys shall be exempt from the regulations detailed in § 106, "Mandatory Installation of Curbs and Sidewalks":
A. 
Entire length of Groff Avenue is exempt from installation of sidewalk.
B. 
Entire length of Ridge Road is exempt from installation of sidewalk.
C. 
Hampden Road from Ridge Road east to a point 824 feet is exempt from installation of sidewalk.
D. 
East Washington Street from Spruce Street to Mount Joy Street is exempt from installation of curb and sidewalk.
E. 
Entire length of Woodland Avenue is exempt from installation of curb and sidewalk.
F. 
West Summit Street from Poplar Street to Peace Alley is exempt from installation of sidewalk.
G. 
Entire length of Hess Avenue is exempt from installation of curb and sidewalk.
H. 
Entire length of North Wilson Avenue is exempt from installation of curb and sidewalk.
I. 
Entire length of Kiwanis Boulevard is exempt from installation of curb and sidewalk.
J. 
All alleys existing prior to the effective date of this Part are exempt from installation of curb and sidewalk.
K. 
All cul-de-sacs existing prior to the effective date of this Part or detailed on an approved subdivision plan, are exempt from installation of sidewalk.
L. 
Locust Street from Snyder Avenue to Park Street is exempt from installation of curb and sidewalk.
M. 
South Chestnut Street from Ridge Road to Groff Avenue is exempt from installation of sidewalk.
[Ord. 693, 1/19/1989, § 9; as amended by Ord. 829, 11/15/2001]
1. 
Borough Council may, from time to time, adopt by resolution a master plan for physical improvements in the Central Business District. The master plan shall supersede the regulations contained herein for the Central Business District as outlined in Chapter 27.
2. 
Property owners are responsible for the curb and sidewalk for the width of their property. If brick paving section exists, Borough Council will maintain and replace, when necessary, the brick portion of the sidewalk. The Borough Council will also maintain, repair or replace the street trees and grates within the Central Business District.
[Ord. 693, 1/19/1989, § 10; as amended by Ord. No. 991, 4/18/2019]
Prior to the laying or repair of either curbs or sidewalks by property owners, a property owner shall apply for a permit to the Borough to do so according to the guidelines mentioned herein. The Borough shall issue the permit without charge if the application conforms to the ordinances of the Borough. All required inspections associated with the permit must be completed. The laying or repair of curb and sidewalk without obtaining a permit is prohibited.
[Ord. 693, 1/19/1989, § 11]
Whenever the owner or owners of any property in the Borough shall fail to comply with any of the above requirements, the Borough Council may cause notice to be served upon such owner or owners, their agent or tenant, in the manner prescribed by law, setting forth specifically in what respect such owner or owners have failed to comply with any of the above requirements and what work such owner or owners are required to do in order to effect such compliance. In the event of the failure or neglect of any such owner or owners to comply with the terms and conditions of such notice within 20 days from the date of service of such notice in the case of new work or within 10 days from the date of service thereon in the case of repair work, the Council shall cause such work to be done at the cost of the owner or owners of such property, and the cost thereof and 10% additional, together with all charges and expenses, shall be collected from such owner or owners by the Borough, which may file a municipal claim therefor or collect the same by action in assumpsit, as Council may direct.[1]
[1]
Editor’s Note: Former § 111, Violations and Penalties (Ord. 693, 1/19/1989, § 12, as amended by Ord. 829, 11/15/2001, which immediately followed this Section, was repealed by Ord. 957, 5/15/2014.