[Adopted 3-5-1990 by Ord.
No. 996, approved 3-5-1990[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII,
Curb and Sidewalk Construction, adopted 9-9-1963 by Ord. No. 445,
approved 9-9-1963, as amended.
Every owner of property in the Borough of Middletown shall,
on 60 days' notice from the Borough Council, through its agent (Code
Enforcement Officer), construct or reconstruct either a sidewalk or
curb, or both, as specified in the notice, which shall conform to
all applicable requirements of this article or any previous ordinance,
in front of or alongside of such property.
Every owner of property in the Borough of Middletown shall,
on 30 days' notice from the Borough Council, through its agent (Code
Enforcement Officer), repair the sidewalk or curbing, or both, in
the manner stipulated in such notice, in front of or alongside of
such property.
[Amended 7-6-1992 by Ord.
No. 1030, approved 7-6-1992; 7-20-2015 by Ord. No.
1316, approved 7-20-2015; 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
For the purposes of this article, when used in connection with
sidewalks or curbs, "repair" is defined as any maintenance or work
done on or to a sidewalk, or a portion thereof, that is less than
the construction, removal, or replacement of the sidewalk, or a portion
thereof. It shall be unlawful for any person, firm or corporation
to make any opening or excavation in or under any sidewalk, or to
construct, remove or replace any sidewalk or curb within the limits
of the Borough of Middletown, unless and until a permit for that purpose
is acquired in accordance with this article. Any such work, including
minor sidewalk or curb repairs not requiring a permit, shall be completed
in accordance with this article and according to the following specifications:
A.
Specifications for new sidewalks.
(1)
All new sidewalks shall be a width of four feet (48 inches), unless
the proposed sidewalk abuts an existing sidewalk, in which case the
new sidewalk shall conform to the width of the abutting sidewalk,
but in no event be less than three feet (36 inches) in width. Any
variation in width must have approval of the Borough prior to construction.
New sidewalks constructed within rights-of-way of the Borough shall
be of concrete construction as per specifications in Pennsylvania
Department of Transportation (PennDOT) Publication 72M, Standards
for Roadway Construction, as amended. The concrete shall conform to
the requirements of PennDOT Form 408, Specifications, as amended,
and shall be Class A Portland (3,000 pounds per square inch) cement
concrete with 6% air-entraining admixture. Proper means of soil compaction
and removing surplus water shall be used to the satisfaction of the
Borough designee. Sidewalks shall be installed with a line and grade
in accordance with ADA standards.
(2)
Concrete for sidewalks shall be a minimum of four inches thick, with
six inches in areas of driveway aprons. Sidewalks shall be scored
with construction joints, in general, in four-foot sections, and in
no case shall joint spacing be more than six feet in length. A 3/4-inch
expansion joint shall be provided at least once every 20 feet, where
the sidewalk meets a curb or other vertical edge, and at such other
places as may be directed by the Borough designee. Expansion joints
shall be filled with suitable self-leveling joint filler to provide
a flush, smooth surface. Sidewalk surfaces shall have a light broom
finish applied, perpendicular to the direction of walking.
(3)
The sidewalk and forms shall be set on six inches of compacted 2A
crushed aggregate. Subbase stone shall be compacted by plate tamper
or other equivalent means.
(4)
New construction of sidewalk and curb as a single integral unit is
prohibited; however, under certain conditions and upon approval of
the Borough, a curb and sidewalk may be constructed as an integral
unit.
B.
Repair of existing sidewalks.
(1)
No sidewalk may be repaired or resurfaced with asphalt.
(2)
When lawfully constructed existing sidewalks, or portions thereof, are damaged or removed, the sidewalk shall be repaired, rebuilt or replaced with the same type of material as was in place prior to the damage or removal. Restoration described in the preceding sentence shall replicate the exact design used prior to the sidewalk being damaged or removed unless the preexisting design violates the specifications of § 235-30A, in which case the new sidewalk specifications of § 235-30A shall apply. The replaced surface must be maintained at the proper grade, without ridges or depressions, and in as good condition as it was prior to the damage or removal.
(3)
All utility boxes or appurtenances within sidewalks shall be so placed
as to conform to the grade of the sidewalk and be flush with the sidewalk
surface.
(4)
All openings in existing sidewalks for utility connections shall
be made only in a manner approved by the Borough. Except for sidewalks
consisting of bricks or other disjointed material, all such openings
shall be created by a concrete saw cut. When replacing concrete or
other similar material lacking a natural joint, new work shall be
separated at all points along the outside sides or circumference thereof
from the existing concrete sidewalk by 3/4-inch expansion joints which
shall be filled with self-leveling sealer.
(5)
All utility boxes, utility poles, and fire hydrants shall be enclosed
in expansion joints. Utility curb box covers shall be free of concrete
in order to permit easy access.
(6)
All details of construction not mentioned in this article shall be
in accordance with construction specifications per PennDOT Publication
408, Specifications, as amended, and PennDOT Publication 72M, Standards
for Roadway Construction, as amended.
(7)
It shall be the duty of every person, firm or corporation causing
damage and repair to, or the removal and replacement of, any sidewalk
within the Borough to also restore any appurtenances removed or damaged
in connection with the sidewalk using the same materials and design
as the original appurtenance unless the original design violates the
current specifications. Examples of such appurtenances include, but
are not limited to, the curbing, adjacent sidewalks, crosswalks, lights
or lampposts, benches, trees or other vegetation, tree wells, flowerbeds
or holders, drain pipes, inlets, and signs.
C.
Specifications for new curbs.
(1)
All new curbing along any streets of the Borough shall be of concrete
construction. The concrete shall conform to the requirements of PennDOT
Publication 408, Specifications, as amended, and shall be Class A
(3,000 pounds per square inch) Portland cement concrete with 6% air-entraining
admixture. Proper means of soil compaction and removing surplus water
shall be used to the satisfaction of the Borough designee. All new
curbing shall include contraction joints constructed by sawing a straight
cut or tool joint, two inches deep, 3/16 inch wide center at a maximum
of 20 feet to a minimum of four feet.
(2)
All cuts in the street for curb replacement, whether concrete or
asphalt, must be made with a saw. The opening shall have a width of
12 inches to facilitate compaction. Jackhammer cuts are no longer
permitted.
(3)
All new curbing of concrete shall meet the dimension requirements
as shown in PennDOT Publication 72M, RC-64M, as amended.
(4)
The height above the gutter line shall be six inches. Under certain
conditions of the gutter line, variations shall be permitted only
upon approval of the Borough designee. The top of the curbing shall
be floated smooth with a wooden float. The front or face of the curb
shall have a smooth broomed finish to the gutter line. All exposed
surfaces shall be solid and free of voids or "honeycomb."
(5)
Where present curbs are of stone, they may be reset if stone is sound
and dressed along the original dimension lines. No stone may be used
for new curbing or reset if condemned by the Borough.
(6)
In the case of private driveways crossing any sidewalk, the curb
shall be depressed across the driveway by providing a sloping section
on either side of the depression with a slope of three inches per
foot. The driveway apron will be built with a taper up from the depression
on each side two feet as a maximum, and there shall be no sharp dip,
three inches per foot being the maximum. The top of the depressed
area of the curb shall be 1 1/2 inches above the gutter line.
No ramp or filler in the gutter will be permitted.
(7)
The contractor shall install a minimum of six compacted inches of
2A for curb subbase. Pavement repair shall consist of ensuring a straight,
true edge for the opening, all edges to be tack coated prior to placing
asphalt. Hot mix asphalt, matching street specifications, shall be
placed and compacted to fill the opening flush with the existing surface.
The minimum depth of the base course shall be three inches of 25 mm
HMA and 1.5 inches of 9.5 mm wearing course for all curb pavement
restoration. The gutter line shall be maintained to ensure positive
flow of water. Upon completion of the asphalt, the edges shall be
fully sealed with a six-inch-wide band of PG 64S-22.
(8)
At limits of new work, the existing curb will be cut in an approved
manner with a concrete saw, the entire curb will be removed within
the limits of the work, and expansion joints will be placed at the
limits of work. The driveway apron will be built with a taper up from
the depression on each side three feet as a maximum, and there shall
be no sharp dip, two inches per foot being the maximum.
(9)
All details of construction not mentioned in this article shall be
in accordance with PennDOT Publication 408, Specifications, as amended,
and PennDOT Publication 72M, Standards for Roadway Construction, as
amended.
D.
Permits.
(1)
It shall be unlawful for any person, firm or corporation to construct
or replace any sidewalk or curb within the limits of the Borough of
Middletown unless and until a permit is secured from the Borough for
each separate undertaking, such permit and the application therefor
to be in the form prescribed by the Borough and to contain a statement
that the applicant agrees to the terms of this article. The Borough
shall promptly prohibit any work being done or continued without a
proper permit or contrary to the terms hereof.
(2)
All references in this article to the Borough of Middletown shall
extend to and constitute authorization to the Borough designee.
(3)
The application for the permit shall specify a date when said construction
or replacement shall occur and the place where said construction or
replacement shall be made, together with such further information
as the Borough may require; and any additional surface to be disturbed
and any additional time required may be endorsed on the permit by
the Borough, provided that emergency breaks or leaks may be repaired
and a permit therefor secured within 72 hours.
(4)
Permit charges shall be $25 for the first 50 square feet or portion
thereof of sidewalk constructed or replaced plus $10 for each additional
50 square feet constructed or replaced, or portion thereof. Permit
charges shall be $25 for the first 50 linear feet or portion thereof
of curb constructed or replaced plus $10 for each additional 50 linear
feet constructed or replaced, or portion thereof. These fees shall
be for a four-week period beginning with the date of the commencement
of the work. For any work exceeding this four-week period, there shall
be added a sum of $40 per week until work on the undertaking has been
satisfactorily completed.
(5)
It shall be the duty of any person or persons, firms or corporations
to whom a permit is issued, or by whom any sidewalk or curb is constructed
or replaced, to provide and maintain proper and adequate guards, barriers
and lights to prevent accidents, and they shall assume all risks and
be liable for all damages by reason of the openings and excavations
and by reason of any failure to properly fill the hole or trench and
maintain the disturbed surface in a safe condition.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
In cases where downspout water from any building is so discharged
that it would be drained onto the sidewalk, new or replaced/repaired
sidewalks shall be constructed that a three-inch pipe must be placed
under the sidewalk and through the curb, allowing the water to drain
into the gutter. The invert of the pipe through the curb shall be
one inch above the gutter line. A scored joint shall be placed in
the sidewalk directly above the pipe to control cracking.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
All sidewalks and curbing shall be constructed, reconstructed and repaired and the grading therefor done upon the line and grade to match existing conditions. Upon notice as provided in §§ 235-28 and 235-29 of this article, as the case may be, such work of construction, reconstruction or repair shall be done by the owner or owners of such property. It is the responsibility of the contractor to notify the Borough for an inspection after completion of the forms and before concrete is poured.
All grass plots must conform to the established grass plots
of adjoining property owners. Any variation thereof must be approved
by the Code Enforcement Officer.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
Every corner shall have a handicap ramp. This applies to all
new building construction. Ramps shall conform with PennDOT Publication
72M, Standards for Roadway Construction, as amended, specifically
RC-67M.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
The Borough may, at any time during the course of work of construction,
reconstruction or repair of any sidewalks or curbing, visit the site
of such work to ascertain whether or not such work is being done according
to the requirements of the ordinances of the Borough, and shall visit
any such site for such purpose whenever requested by the property
owner. Within five days after the completion of the work of construction,
reconstruction or repair of any sidewalk or curbing, it shall be the
duty of the owner of the property where such work was done to notify
the Borough of the fact so that the same may be inspected to determine
whether the grade thereof has been observed and followed.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
Any property owner, upon his own initiative and without notice
from any Borough authority, may construct, reconstruct or repair a
sidewalk or curb in front of or alongside his property, provided that
such owner shall first make application to the Borough and shall conform
to the requirements of this article and shall not violate any ordinance
of the Borough as to the line and grade and as to materials used and
that he shall notify the Borough within five days after the completion
of the work.
Upon failure of any owner of property in the Borough of Middletown
to construct, reconstruct or repair any sidewalk or curbing after
notices have been given in accordance with this article, the Borough
may cause the necessary construction, reconstruction or repair thereof
to be done at the expense of said owner, either by employees of the
Borough of Middletown or by contract between the Borough of Middletown
and paving and curbing contractors lawfully entered into, and may
collect the cost thereof and all additional charges, expenses and
penalties as authorized in Section 1807 of the Act of May 4, 1927,
P.L. 519, as last amended.[1]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1805.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
The Borough may establish rules and regulations for implementing
the requirements established under this article.
