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City of New Castle, PA
Lawrence County
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Table of Contents
Table of Contents
Code
New Laws (93) Index
[Ord. 7616, passed 2-27-2003]
The City may require owners of property abutting on any street, including State highways, to construct, keep in good repair and maintain a public sidewalk, street lawn and curb along such property at such grades and under such regulations and specifications as are prescribed in this article.
[Ord. 7616, passed 2-27-2003]
No public sidewalk, street lawn or curb, shall be constructed, installed or repaired by any person without first having obtained a written permit from the City.
[Ord. 7616, passed 2-27-2003]
Applications for a sidewalk, street lawn or curb construction, installation or repair permit shall be submitted to the City Engineer on a form prescribed by the City Engineer and approved by the City Solicitor.
[Ord. 8165, passed 12-23-2015]
The fee for a sidewalk, street lawn or curb construction, installation or repair permit shall be $60. The work authorized by the permit shall be performed efficiently and as one continuous project, and completed within 60 days of the issuance of the permit.
[Ord. 7616, passed 2-27-2003]
A permit shall expire for a project not started within 30 days or completed within 60 days after issuance of the permit, and a new permit shall be required before beginning or completing the project.
[Ord. 7616, passed 2-27-2003]
(a) 
Applicants shall adhere to the following regulations and specifications for sidewalk construction:
(1) 
Width. Minimum width shall be four feet.
(2) 
Grade. The grade shall follow a line sloping up and away from the top of the curb at a maximum slope of one-fourth inch per foot.
(3) 
Conformity. The sidewalk shall conform to any ordained street grade established by the City.
(4) 
Construction material. All new sidewalks shall be constructed of in-place concrete. No bituminous type pavement, stone, gravel or other loose material, or wooden surfaces will be permitted.
(5) 
Driveway. Sidewalks shall be continuous through driveway crossings and shall be in accordance with any existing driveway ordinances.
(6) 
Handicap accessibility. All handicap accessibility requirements shall be met.
(7) 
Preparation of foundation. Excavate, as required, and form the foundation parallel with the finished surface of the sidewalk. When directed, remove unsuitable material. Thoroughly compact the foundation, finish to a firm, even surface, moisten if required.
(8) 
Placing aggregate for bed. Spread aggregate on the prepared foundation to form a thoroughly compacted bed six inches deep.
(9) 
Forms. Use acceptable wood or metal forms extending the full depth of concrete.
(10) 
Placing and finishing concrete. Place concrete four inches deep. Finish with a light broom finish. Form outside edges and joints with a 1/4 inch radius edging tool. Form transverse tooled joints at five foot intervals, approximately 1/8 inch wide and at least one inch deep. When required, construct cement concrete sidewalk as indicated for curb ramp. Finish cement concrete sidewalk with a coarse broomed texture transverse to the slope of the curb ramp. Transverse tooled joints are not required for curb ramps.
(11) 
Expansion joints. Place 1/2 inch pre-molded expansion joint material for the full depth of the sidewalk:
A. 
Opposite expansion joints in adjacent curb.
B. 
Between the sidewalk and curb.
C. 
Between the sidewalk and rigid structures.
(12) 
Backfilling. After the concrete has cured for at least 72 hours, backfill adjacent to the sidewalk using acceptable embankment material.
(13) 
Debris removal. Repair or replace existing pavement, curb and sidewalk, damaged due to construction. Satisfactorily dispose of unsuitable and surplus materials.
(b) 
Applicants shall adhere to the following regulations and specifications for street lawn installation:
(1) 
Width. Minimum width shall be four feet any less width between the front edge of the sidewalk and back edge of the curb shall be concrete, the same as the sidewalk.
(2) 
Trees. A street tree shall be planted for every 50 feet in length of street lawn, species and size shall be determined by the City of New Castle Shade Tree Commission.
(3) 
Grass planting. Street lawn shall be planted with grass seed or be sodded. A minimum depth of two inches of topsoil shall be placed prior to seeding or sodding. Finished lawn turf shall be flush with edge of curb and edge of sidewalk. Type of grass and sod to be as determined by the City of New Castle.
(c) 
Applicants shall adhere to the following regulations and specifications for curb construction:
(1) 
Excavation. Excavate as required, include removal of existing curb, pavement and sidewalk to neat lines. Compact the material, upon which the curb is to be constructed to a firm even surface.
(2) 
Forms. Use acceptable metal forms, except on sharp curbs and short tangent sections where wood forms may be used.
(3) 
Placing and finishing concrete. Place the concrete in the forms in layers not exceeding five inches in depth when spading, or layers not exceeding 15 inches in depth when using a vibrator to eliminate voids. Provide drainage openings through the curb at the elevation and of the size required. Smoothly and evenly finish the top surface of the curb. While the concrete is still plastic, round the edges of the face and back of the curb. Place depressed curbs for drives or curb ramps where required.
(4) 
Curb machine. The concrete curb may be placed with an acceptable self-propelled machine. Uniformly feed the concrete to the machine so the concrete maintains the shape of the section, without slumping after extrusion. Voids or honeycomb on the surface of the finished curb will not be allowed. Immediately after extrusion, perform any additional surface finishing required.
(5) 
Joints. Form or saw contraction joints 3/16 inch wide and two inches deep. Joint spacing should be a minimum of four feet and a maximum of 20 feet. Saw as soon as possible after the concrete has set sufficiently to preclude raveling during the sawing and before any shrinkage cracking occurs in the concrete. The depth of saw cut may be decreased at the edge adjacent to the pavement to obtain a maximum depth without pavement damage. Tool the edges of construction joints to a 1/4 inch radius. Place 3/4 inch pre-molded expansion joint material cut to the cross sectional area of the curb, at structure, and at the end of the work day.
(6) 
Removal of forms. Do not remove forms until such time it will not be detrimental to the concrete. Rub out any irregular surfaces.
(7) 
Backfilling and embankment. As soon as possible after the removal of the forms, backfill the voids in front and back of the curb using acceptable embankment material. Complete embankments in back of raised curbs and carefully compact the embankment by means of mechanical tampers or rollers. Replace existing pavement and sidewalk damaged or removed during construction. Dispose of unsuitable and surplus material.
(d) 
The following regulations and specifications shall apply to the maintenance and repair of sidewalks:
(1) 
Sidewalks, or a portion thereof, shall be replaced by the Owner of the property whenever the surface becomes deteriorated so that it is uneven as determined by the City Engineer, whenever cracks in the sidewalk exceed 1/8 inch in width and/or there is a differential of more than 3/8 of an inch vertically from one side of crack to the other.
(2) 
Replaced areas shall match the existing concrete in finish and in thickness. Replacement shall be made from control joint to control joint for full width of walk.
(3) 
All vegetation shall be eliminated on sidewalks.
(e) 
The following requirements and specifications shall apply to the maintenance and repair of curbs:
(1) 
Curb, or a portion there, shall be replaced by the Owner of the property whenever the surface becomes deteriorated so that it is uneven as determined by the City Engineer, whenever cracks in the curb exceed 1/8 inch in width and/or there is a differential of more than 3/8 of an inch vertically from one side of crack to the other.
(2) 
Replaced areas shall match the existing concrete in finish and in thickness. Replacement shall be made from control joint to control joint for full width of curb.
(3) 
All vegetation shall be eliminated on curbs.
(f) 
The following regulations and specifications shall apply to the maintenance and repair of street lawns:
(1) 
The street lawn shall be cut on a regular basis to maintain a neat and well-kept appearance, free of any weeds.
(2) 
Any dead areas of grass shall be replaced immediately with seed or sod, the same as for new tree lawn.
(3) 
Street trees that die shall be replaced with a tree of the same species and size as originally planted or a different species or size approved by the Shade Tree Commission.
[Ord. 7616, passed 2-27-2003]
The City Engineer may authorize variances from applicable regulations and specifications when unusual topographical or other conditions would make adherence to the regulations and specifications unreasonable.
[Ord. 7616, passed 2-27-2003]
No sidewalk, street lawn or curb shall be constructed or installed unless a grade and line are established therefore. If no grades or lines are available, sidewalks, street lawns and curbs may be constructed or installed, but they shall be removed, modified or replaced to conform to grades and lines when established by the City at the sole cost of the property owner abutting such sidewalk.
[Ord. 7616, passed 2-27-2003]
All work shall be subject to inspection by the City Engineer prior to construction, during construction and installation and upon completion. The City Engineer shall be notified by the permittee after concrete forms are set, and no concrete shall be poured or paving blocks or brick laid or further construction or installation started until approved by the City Engineer.
[Ord. 7616, passed 2-27-2003]
Where sidewalks, street lawns or curbs are to be constructed, installed or repaired over coal cellars or other excavations, such sidewalks, street lawns and curbs shall be supported by supporting structure approved by the City Engineer. Any support of wood or perishable material shall be prohibited.
[Ord. 7616, passed 2-27-2003]
All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the corporate limits of the City are required to maintain and keep the public sidewalks, street lawn and curbs immediately abutting their property in good order and repair. Each such owner shall be liable to the City for all losses to the City or recoveries from the City for damages to persons or property of others caused by such failure, or that of his agents, to maintain, repair and keep in good order and reasonably safe condition all such sidewalks, street lawns and curbs abutting and fronting his property upon any plaza, street or alley within the corporate limits of the City.
[Ord. 7616, passed 2-27-2003]
The City may, at its discretion, through the Director of Public Works, the Department of Code Enforcement or the Department of Engineering, notify an owner that the construction or installation of a sidewalk, street lawn or curb is required or that maintenance or repairs are necessary to put such sidewalk, street lawn or curb in good order, and such owner shall, within 30 days after such notification, complete such construction, maintenance or repairs as specified in such notice.
[Ord. 7616, passed 2-27-2003]
If a person fails to perform or make the required construction, installation, maintenance or repairs required by this article, the City may construct, install, maintain or repair the same and the owner shall be liable to the City for the cost of the construction, installation, maintenance or repairs. The City may levy the cost of its work on such owner as a property lien, or exercise any other remedy at law or in equity as provided by law.
[Ord. 7616, passed 2-27-2003]
Where, in the opinion of the Department of Public Works, Department of Code Enforcement or Department of Engineering, a dangerous or unsafe condition of a sidewalk, street lawn or curb exists, thereby jeopardizing the health, safety and general welfare of the community, the City shall send the appropriate property owner notice by certified mail stating that emergency repairs or maintenance are required and the nature thereof. Upon failure of such owner to comply with the notice within 24 hours after receiving it, the City may make emergency repairs or maintenance and levy the cost of its work on such owner as a property lien, or exercise any other remedy at law or in equity as provided by law.
[Ord. 7616, passed 2-27-2003]
(a) 
The owner, tenant, occupant and all other persons having charge or control of any lots, lands, dwellings, buildings and all other premises fronting on any public sidewalk, street or highway in the City, shall clean, remove or cause to be cleaned or removed from the sidewalk in front of and along the respective premises of each, all snow, ice, hail or sleet fallen or formed thereon so as to eliminate any condition dangerous to those traversing such sidewalk.
(b) 
The snow, ice, hail or sleet to be removed under the provisions of this section includes such as may be formed into ridges or mounds, or is of such formation as to be an obstruction, and render the sidewalk dangerous to public travel.
(c) 
In addition to any penalty imposed for violation of this section, the person who violates this provision shall be liable for all damages sustained by any person by reason of the neglect or failure of such owner, tenant, occupant or other person to comply with the provisions of this section.
[Ord. 7616, passed 2-27-2003]
(a) 
"Downtown area" defined. For purposes of this section, the Downtown Area is defined as the area designated as the C-2 Central Business District under the provisions of the New Castle Zoning Ordinance of 1978, as amended.
(b) 
Applicability. In addition to all other provisions of this article, this section shall apply to all sidewalks and curbs in the City of New Castle that are replaced utilizing Downtown Facade Grants and all new sidewalks and curbs constructed in the Downtown Area after May 1, 2002. All such sidewalks and curbs shall be routinely cared for and maintained in accordance with this article and kept clean and free of accumulated dirt, debris and trash.
(c) 
Maintenance of sidewalks. All Downtown Area sidewalks shall be maintained by the Owner and Lessee of the property which fronts on the sidewalk for the entire length of the property. Maintenance shall be as follows:
(1) 
At all times sidewalks shall be kept broom clean and all loose dirt, debris and trash shall be collected and removed from the sidewalk. On every Monday of each week, before 7:00 a.m., provided that the outside temperature is no less than 32° F. and rising, the sidewalk shall be hosed down with water to remove all dirt and debris embedded in the surface of the concrete and in the isolation and contraction joints.
(2) 
Ice and snow shall be removed whenever it forms. Products used for the removal of ice shall not contain any amount of magnesium chloride or calcium chloride. All ice melting products shall be approved by the City of New Castle before being used on the sidewalks.
(3) 
No devices, tools, or equipment shall be used for removing snow and ice other than flat snow shovels or snow blowers.
(d) 
Protection of sidewalks and curbs. Before any goods or materials are moved on or across a sidewalk or curb, or scaffolding or any other temporary structure is to be placed on the sidewalk or curb, or any vehicle, equipment, mechanism or device is moved or driven on or across a sidewalk or curb, the sidewalk or curb shall be protected as follows:
(1) 
Before any goods or materials are moved across the sidewalk, or any vehicle, equipment, mechanism or device is moved or driven on or across, the sidewalk or curb by wheel or sled or any other means which places point or distributed loads on the sidewalk, the sidewalk and curb shall be protected by first placing a covering of four mil reinforced polyethylene sheeting over the entire sidewalk and curb area where activities or access will take place. Sheeting shall be secured in place so that it does not move under sheathing. A minimum of 3/4 inch plywood sheathing shall be placed over the polyethylene sheeting.
(2) 
Before scaffolding or any type of temporary structure or lifting device is placed on a sidewalk or curb, the sidewalk and curb shall be protected by two layers of 3/4 inch protective plywood sheathing. Adequate blocking shall be placed under the legs and or bases of scaffolding, temporary structures or lift devices so as to distribute the load over the sheathing and not cause any indentation in the sheathing. All scaffolding erection, structure and use shall be in accordance with OSHA Section 1926.451.
(3) 
The maximum allowable point load allowed on the sidewalk shall be 2,000 PSF (pounds per square foot). No loads shall be driven over curbs. Where necessary to drive over the curb, a ramp shall be constructed that is acceptable to the City Engineer.
(e) 
Repair of damaged or deteriorated sidewalk and curbs. All sidewalk and curb construction and repair shall be performed in accordance with the specifications of the City Architect and Engineer and shall match the adjacent concrete walk or curb.
[Ord. 7616, passed 2-27-2003]
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the City that this article would have been adopted had such unconstitutional, illegal or invalid sentences, clauses, sections or parts thereof not been included herein.
[Ord. 7616, passed 2-27-2003]
Whoever violates any provisions of this article shall be punished as provided by Section 101.99 of the Administrative Code for every day of violation.