Ordinance #262: Regulating Repair of Curbs, Gutters and Sidewalks (1953)

An ordinance regulating the construction and repairing of curbs, gutters, and sidewalks in the Borough of Darlington, County of Beaver and State of Pennsylvania, and prescribing penalties for the violation thereof.

Be it enacted and ordained by the Town Council of the Borough of Darlington, and it is hereby enacted and ordained by authority of the same.

Sec. 1. From and after the passage of this Ordinance, it shall be unlawful for any per­ son, firm or corporation, whether as owner or contractor, to remove, construct or repair any curb or sidewalk unless a permit therefore shall be secured as hereinafter provided.

Sec. 2. The permit fee under the provision of this Ordinance is hereby fixed at the sum of fifty cents ($0.50) and shall be paid at the time application is made therefore.

Sec. 3. The term “Repairing”, means changing and/or tearing up of all or any portion of the old curb or sidewalk and relay the same with old or new material; all repairs to be made to established grade with material specified by Council.

Sec. 4. Permits are to be granted for a definite period which is to be as short as cir­ cumstances of the case will permit, but in no case shall a permit be granted to cover a longer period than sixty consecutive days. If at the end of the period any further use of the highway is required, another permit must be secured in the same manner, and un­ der the same conditions as to fees, periods, etc., as in the case of an original permit.

Sec. 5. It shall be unlawful to proceed with the construction or repair of any curb or si­ dewalk, without securing from the Borough Engineer, the proper grade, which said grade shall be given by said Engineer, without charge, One Time Only.

Sec. 6. When any portion of any highway is used under any permit, a sufficient number of red lanterns, conspicuously placed, must be used from dark until sunrise every night, to render said highway perfectly safe. All excavations must be protected by a sufficient guard rail or fence.

Sec. 7. The slope of all sidewalks from curb to property line shall be at the rate of one­ quarter (¼) inch to the foot, except at street corners where a mitre of both street grades shall be made, and said slope shall not be changed for driveways. The curb line at the intersection of a street with another street or alley shall be a curb having a radius of eight (8) feet.

Sec. 8. Placing of cross drains running from houses to the street shall consist of a de­ pression in the surface of the sidewalk and curb eighteen (18) inches wide, and shall slope from the edges to the center but same shall not be made more than one and one­ half (1½) inches deep at the center.

Sec. 9. All sidewalks shall be constructed with concrete to a depth of four (4) inches and shall consist of one part cement, two parts of clean sharp sand, and three parts of clean stone, gravel or hard burned brick bats. All sidewalks shall be laid on a thorough­ ly tamped earth sub-grade, the surface of all sidewalks shall be roughened either by scoring, rolling, brushing or other rough finish; but in no case shall a smooth trowel sur­ face be laid. The sidewalk shall be constructed in blocks; the block markings shall be in squares, each side of said squares shall be equal to the width of the walk. No sidewalk shall be less than 5 feet in width. A space of eighteen (18) inches in width shall remain unpaved between the curb and the sidewalks, except at driveway crossings, and street corners. All driveways shall be constructed with concrete to the depth of six (6) inches and will be placed as above mentioned. No opening at driveways may exceed (twelve) 12 feet for a single car garage or twenty (20) feet for a two stall garage. In the case Service Stations two curb openings will be permitted, neither one to exceed twenty (20) feet in width. The rise between the street elevation and the sidewalk grade, at drive­ ways, must be taken up within the two feet from the face of the curb and the front of the sidewalk. The grade of the sidewalk shall not be depressed to allow for the driveway. At driveways the eighteen (18) inches between curb and sidewalk shall be constructed with concrete to the depth of six (6) inches as provided for the driveway. All new con­ struction shall be of concrete as above provided.

Sec. 10. All curbs shall be six (6) inches in width and thirty (30) inches in depth. The face of all curbs at driveway approaches shall be (2) inches in height and slope upward as mentioned in paragraph 9.

The finish of curbs and driveways shall be as above provided for sidewalks. The mix of concrete to be used in curbs shall be one part of cement, two parts of clean sharp sand, and three parts clean stone, gravel or hard burned brick bats and shall be placed on a thoroughly tamped earth sub-grade.

Sec. 11. Expansion joint material of three-eighths (3/8) of an inch in thickness and of a grade of material to be approved by the Borough Engineer shall be inserted in sidewalk markings and curb markings at distances not to exceed thirty (30) feet.

If adjoining sidewalk or adjoining curb has bee previously constructed, said distance of thirty (30) feet shall be measured from the last insertion of expansion joint material in adjoining sidewalk or adjoining curb, as the case may be. If no expansion joint material has been used in the construction of the adjoining sidewalk and adjoining curb within thirty (30) feet of sidewalk or curb under construction, expansion joint material shall be

inserted in the dividing line between the sidewalk or curb already constructed and the sidewalk or curb under construction by the person or persons making the last construc­ tion. At any place where a rigid structure abuts sidewalk, said expansion joint material shall be inserted between said structure and sidewalk. Said expansion joint material shall conform in size to the cross section of the sidewalks or curbs as the case may be. Said expansion joint material may be purchased from the proper Borough authorities.

Sec. 12. All poles, gas and water valve boxes shall be placed in the eighteen (18) inch unpaved space between curb and sidewalk.

Sec. 13. On all streets fifty (50) and fifty-five (55) feet in width, the space between the property line and the cart way side of curb shall be eight (8) feet.

Sec. 14. From and after the passage of this Ordinance, it shall be unlawful for any per­ son, firm or corporation, whether owner or contractor, to replace, repair or rebuild, any existing sidewalks or curbs, without placing said sidewalks or curb to grade and must be constructed of concrete, as called for above. In case of replacing or new construction of sidewalks, curbs must be placed prior to the construction of said sidewalks.

Sec. 15. Any person, firm, association, or corporation who shall violate any provision of this Ordinance, shall for each and every offense forfeit and pay a penalty of not less than Ten Dollars ($10.00), nor more than Fifty Dollars ($50.00), together with costs of prosecution upon conviction before the Burgess of said Borough, or any Justice of the Peace, and in default or payment thereof shall be confined in the County Jail for a pe­ riod of not more than thirty (30) days.

Sec. 16. All Ordinance or parts of Ordinances inconsistent with the provisions of this Ordinance be, and the same are hereby repealed.

Ordained and enacted into an Ordinance by the Town Council of the Borough of Dar­ lington, this 9th day of April A.O. 1953.

Chester D. Murphy, President of Council

Attest:    Verne Gishbaugher, Secretary of Council Examined and approved by me this 9th of April A.O. 1953.

James R. Iseman, Burgess

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