[Amended 3-31-2015 by Ord. No. O-15-03; 4-28-2020 by Ord. No. O-20-17]
A.
Curbs and sidewalks shall be designed and constructed in accordance
with the Public Ways Construction Standards.
C.
All sidewalks adjoining City streets shall have a minimum width of
five feet and conform to the Public Ways Construction Standards. Replacement
sidewalk shall match existing width but shall never be less than three
feet in width.
D.
Utility poles shall be installed in a manner not to impede pedestrian
traffic and shall be installed to provide a minimum three-foot clear
sidewalk. The sidewalk shall be widened by the utility as needed.
Poles shall be located at intersections to allow the standard minimum
curb radius to be constructed.
E.
Any damage to public streets, curb, sidewalk, utilities, storm drain,
etc., caused by the abutting owner or his/its agents, permitees, guests
or invitees shall be repaired by the City at the expense of the abutting
owner.
Due to the historic significance of this area, the following
standards established within this section shall apply to those curbs
and sidewalks along South Prospect Street only and shall not be applicable
along any other street within the South Prospect Historic District
or the City in general.
A.
Curb height.
(1)
Existing curb. An existing curb determined to be in good condition
by the City may remain in place regardless of height.
(2)
Replacement curb shall be in accordance with the Public Ways Construction
Standards; the curb height for replacement shall be three inches to
six inches above the existing pavement.
B.
Curb material.
(1)
Concrete curbs as specified in the Public Ways Construction Standards
are permitted. Stone curbs, including slate, granite, etc., in good
condition may be installed or reused, provided that the curb is reset
per the Public Ways Construction Standards.
(2)
"Good condition" means that the curb is structurally sound, surface
deformations are less than 1/2 inch from normal dimensions and the
curb sections can be placed to allow less than a one-half-inch joint
between sections.
(3)
Sidewalk. All sidewalks shall have a brick surface and be constructed
in accordance with the Public Ways Construction Standards. Existing
concrete sidewalks may continue in existence until such time as their
condition warrants replacement in accordance with City Engineering
Division policies.
C.
Driveway entrances. All driveway entrances shall have a brick surface
and be constructed in accordance with the adopted standards for brick
driveway entrances; and the design shall be approved by the City Engineer.
Existing concrete driveway entrances may continue in existence until
such time as their condition warrants replacement in accordance with
Engineering Division policies.
A.
No sidewalks or curbs shall be constructed, reconstructed, repaired or altered without first obtaining a curb and sidewalk construction permit to perform the work. A fee shall be charged for such permit as established by Mayor and Council resolution. Curbs and sidewalks for new developments may be considered as part of a general street construction permit for work in designated public rights-of-way, issued under the provisions of Article V of this chapter.
B.
A curb and sidewalk permit will be issued effective for a period
of 60 calendar days, under the following conditions:
(1)
Before issuance of a permit, the location of a particular curb and
sidewalk to be constructed must be approved by the City Engineer or
his duly authorized representative.
(2)
Payment of the permit fee.
(3)
The project is not idle for more than 15 calendar days after portions
of the existing sidewalk or curb are removed. The permittee must show
reasonable progress in completing the work under the permit.
(4)
Violations of this section shall be considered municipal infractions,
and the penalty shall be $200 for each day the violation occurs. In
addition, it shall be the obligation of the abutting property owner
to correct any incorrect or defective work performed by his contractor
or subcontractor, representative, agent or himself. Failure to do
so in the time allotted by the City shall constitute a nuisance and
may be abated at the cost of the abutting owner, plus reasonable administrative
fees.
Refer to § 216-48 for requirements on entrance construction and access permits. A fee shall be charged for such permit as established by Mayor and Council resolution.
A.
Sidewalks and curbs along public streets and thoroughfares within the corporate limits of the City shall be constructed and kept in a reasonable state of repair by the City, per policy established by the Mayor and City Council resolution. Notwithstanding the previous sentence, abutting owners shall be obligated to maintain sidewalks in accordance with Chapter 185 and § 216-26 of the Code.
B.
Sidewalks and curbs along public streets and thoroughfares within
the corporate limits of the City shall be constructed, per policy
established by the Mayor and City Council resolution, and at the expense
of the abutting owner in the instances of:
C.
Curbs, curb and gutter or sidewalks damaged by street trees (as defined
in this chapter) shall be replaced by the City of Hagerstown, at the
City's expense. Curb, curb and gutter or sidewalks damaged by any
other trees shall be repaired or replaced, at the City's election,
and at the expense of the abutting property owner(s).
A.
When the City Engineer or his representative determines that a violation
of a City-issued permit or an approved construction plan has occurred,
the inspector shall notify the on-site personnel or the permittee
in writing of the violation, describing the required corrective action
and the time period in which to have the violation corrected.
B.
If the violation persists after the date specified for corrective
action in the notice of violation, the City Engineer or his representative
shall determine the extent to which work shall be stopped, which may
include all work on the site except that work necessary to correct
the violation, and issue a citation. Except when specifically defined
otherwise herein, any violation of this article shall be considered
a municipal infraction. The penalty shall be $200 for each day the
violation occurs.
C.
If a person is working without a permit, the City Engineer or his
representative shall stop work on the site immediately, except activity
necessary to provide health and safety, until a permit is secured.
Fees shall be doubled for said permit.
