[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.