Chapter 903: Sidewalk and Driveway Apron Construction and Repair


Cross references

  • Construction or repair at owner’s expense - see Ohio R.C. 729. 01 et seq.
  • Driving over sidewalks - see TRAF. 331.37
  • Care of sidewalks; obstructions - see GEN. OFF. Ch. 543
  • Driveway permits - see BLDG. 1307.13
  • Curb cutting permit - see BLDG. 1307.14
  • Permit fee - see BLDG. 1309.18
  • Protective planking and temporary driveways - see S. & P. S. 1351.03

903.01   Sidewalks required

  1. (a) Every improved lot in the Village shall, in conjunction with an application for a building permit for a new main building, have a sidewalk across the entire frontage of the lot and, on corner lots or through lots, each improved lot shall provide sidewalks across both frontages. Sidewalks shall be located and constructed in accordance with this chapter, any other applicable Codified Ordinances, and any standards established by the Village Engineer. Sidewalks shall be maintained in accordance with Section 903.03 and any other applicable Codified Ordinances.

  2. (b) The Chief Administrative Officer is authorized to grant an exception to the location and construction requirements, upon receipt of a written application for exception by the property owner. The Chief Administrative Officer, in deciding whether to grant an exception, shall consider the recommendation of the Village Engineer, the unique physical characteristics of the property, the presence of sidewalks in the surrounding area, the availability of alternative means of pedestrian access, and any other factors deemed relevant by the Chief Administrative Officer. Any person aggrieved by the decision or action of the Chief Administrative Officer may appeal to the Board of Zoning Appeals within 10 days of such official action. Such an appeal shall be made in conformity with Chapter 1111. Written notice of the appeal shall be filed with the Chief Administrative Officer.

  3. (c) Any street or part of a street with existing single-family residences not having sidewalks, as of the effective date of this section, shall not be required to construct sidewalks until further order of Council.

  4. (d) Before any certificate of occupancy is issued for any new building, a sidewalk shall be constructed and installed in accordance with this section. If the Chief Administrative Officer, upon recommendation of the Building Inspector, determines that compliance is not possible due to weather conditions, the Chief Administrative Officer is authorized to require the applicant for the certificate of occupancy to submit a cash bond with the Village for the cost of constructing the required sidewalk. Such bond shall be deposited with the Finance Director, and the Building Inspector shall direct the property owner to construct and install the required sidewalk at the earliest time that weather conditions permit. If the property owner constructs the sidewalk in conformance with all requirements, the Village shall return the cash bond. In the event that the property owner fails to comply with the order of the Building Inspector, after thirty days written notice, the Village may use the cash bond to construct the sidewalk. If any balance remains after the Village constructs the sidewalk, it shall be returned to the property owner. If the amount of the bond is insufficient, the Building Inspector shall give thirty days written notice to the property owner to pay the outstanding balance. If the property owner fails to do so, the unpaid sum shall be referred to collection.
    (Ord. 2011-13. Passed 4-11-11.)

903.02   Construction specifications

All sidewalks and driveway aprons hereafter constructed, reconstructed, replaced, altered or repaired in dedicated streets within the corporate limits of the Municipality shall conform to the following requirements. For the purpose of this chapter, all paved areas between the curb line and the property line in dedicated streets shall be considered as sidewalk or driveway aprons.

  1. (a) Alignment. The property edge of sidewalks shall be laid a minimum of six inches off the property line abutting and fronting upon the street.

  2. (b) Grades. The grade of sidewalks and driveways shall have a slope towards the curb of one-fourth inch per foot from the property line to the established grade of the top of the curb, except that driveway aprons may have a steeper slope in the tree lawn or curb lawn area in order to meet the lowered curb at the driveway apron. All paved or unpaved tree lawns or curb lawns shall slope uniformly from the grade at the edge of the sidewalk nearest to the curb to the grade at the top of the curb.

  3. (c) Materials; Thickness; Specifications. All sidewalks, sidewalks through driveways and driveway aprons shall be constructed of either Portland Cement concrete or sandstone flagging in conformity with these specifications. References to downtown areas shall include the following streets:

    1. Washington Street - From Pleasant Drive to Walnut Street.

    2. Franklin Street - from the Main Street to Center Street.

    3. N. Main Street - from May Court to Cottage Street.

    4. Bell Street - from N. Main Street to the East Plaza Entrance.

    5. River Street.

    6. West Street.

    7. Orange Street - from Riverside Park to 500 feet west of West Street.

    8. (1) Concrete for sidewalks shall be transit-mixed, State of Ohio, Department of Transportation, Class “C” with a minimum cement content of 600 pounds per cubic yard and shall contain only non-silica bank run gravel and sand as the aggregate. Gray (non-white) colored Portland Cement shall be used.

    9. (2) Stone flagging shall be of the best quality of Berea or Amherst sandstone or a sandstone of a like type and quality. The flagging shall be of a uniform color and texture. No flagging will be acceptable that is subject to sealing or cupping. The proportion of silica in the sandstone shall be at least ninety percent (90%).

    10. (3) Stone shall not be less than two and one-half inches in thickness for walks and not less than four inches in thickness for driveways. Each flagstone shall not be less than three feet in length and not less in width than the full width of the walk for walks up to and including eight feet in width, and not less than four feet in width for walks more than eight feet in width.

    11. (4) The face of the flagging shall be smooth and in every direction true to a straight edge. Sides shall be straight and dressed so that joints in the walk will be closed for the upper one and one-half inches, and not more than one inch open at the bottom.

  4. (d) Construction Methods (Portland Cement Concrete).

    1. (1) Excavation. The earth shall be excavated to a depth of four inches (six inches at driveways) plus the thickness of the base course. The entire subgrade shall be shaped, tamped or rolled to secure a firm foundation. The contractor shall provide and use a template, riding on the forms, for testing the top of the compacted base before the concrete is placed. When sidewalk or driveway apron is being replaced, the limits of the area to be removed shall be defined by a straight full depth saw cut along an existing joint so as to insure a vertical face for the new joint.

    2. (2) Forms and contraction joints. The sidewalk shall be constructed between metal forms whose height is equal to the thickness of the walk, except at driveways and curves where wooden forms may be used, providing they are full depth.

      Unless otherwise ordered by the Chief Administrative Officer, forms shall be set so that the back edge of the walk will be six inches on the street side of the property line, at the designated grade. The walk shall have a uniform cross slope of one-quarter inch per foot of width toward the street center line.

      All utility castings and other similar fixtures, shall be adjusted to the grade of the completed walk prior to the pouring of the concrete.

      Where the sidewalk concrete surrounds posts, poles, fire hydrants, gratings, castings and the like, the concrete immediately adjacent to such objects shall be separated from the remaining concrete by means of joints extending through the full depth of the sidewalk concrete. In general, these joints shall be placed about six inches from poles, hydrants, etc. and arranged in the form of squares or rectangles or as directed by the Chief Administrative Officer.

    3. (3) Expansion joints. An expansion joint one-half inch in width, filled with a pre-molded bituminous strip of suitable dimensions, shall be provided for the entire width and thickness of the concrete, every fifty feet of length and at the junction of street intersections, adjoining walks, and also along buildings and walls where the walks cover the entire space between the curbing and other fixed objects. Expansion joints shall also be provided around fixed objects such as large gratings or castings, vault doors, utility poles, foundations, area covers and the like.

    4. (4) Placing and finishing concrete. Concrete sidewalks, sidewalks through driveways, and driveway aprons shall be constructed in one course, four inches thick for sidewalks, five inches thick in downtown areas, and six inches thick for sidewalks through residential driveways and driveway aprons, and eight inches thick through commercial aprons by placing concrete between the forms described above.

      The subgrade shall be adequately moistened just before the concrete is placed. The concrete shall be placed at a slump of two to three inches unless otherwise ordered by the Chief Administrative Officer. After placing, the concrete shall be tamped, spaded and screeded. Internal vibrators will not be required for concrete sidewalks. As soon as practical thereafter, the surface shall be floated with a wooden float to a workmanlike finish, smooth and even but with a slightly rough texture.

      Special care shall be exercised in finishing the surface on each side of the expansion joints so as to avoid differences in elevation between adjacent sections. The top edges of sidewalk sections shall be rounded with a suitable one-quarter inch radius edging tool. The surface shall be divided into blocks by forming joints with a grooving tool. The joints shall be spaced equally at intervals to form rectangular blocks. The grooving tool shall leave a joint at least one inch depth for the full width of the walk.

      When the single sections of walk are constructed, they shall be separated from the existing walk by means of at least one expansion joint, one-half inches in thickness.

      Where drain pipes cross underneath sidewalks, the walk shall be marked near the edge with a small triangle, not less than one inch on a side, impressed into the concrete.

      Downtown areas shall be finished with an exposed aggregate (size 8 and smaller bank run gravel) surface. Walks wider than five feet shall have offset longitudinal contraction joints to form a running bond pattern. All offset “T” joints shall receive a full depth sawcut to twelve inches, each side of the “T” joint.

    5. (5) Sidewalk through driveways and driveway aprons. For sidewalk through driveways and driveway aprons, the concrete shall be six inches in thickness for residential drives and eight inches for commercial drives. The spacing of joints shall be regulated so that the driveway starts and ends at a joint with as many joints in between as may be suitable. In all other respects, driveways shall be constructed as specified above for walks. An expansion joint shall be placed against the curb and where the apron butts up against the sidewalk for the full width and depth of the driveway or driveway apron.

    6. (6) Curing. Immediately after the final finishing and after the free water has disappeared, all exposed surfaces of the concrete shall be sealed by spraying thereon, as a fine mist, a uniform application of clear membrane curing material, meeting State of Ohio, Department of Transportation Specifications. The curing material shall be applied in a manner as to provide a continuous uniform water-impermeable film without marring the surface of the concrete. The material shall be applied in one or more separate coats with an approved mechanical spray at a minimum rate of one gallon of material for each 200 square feet of surface treated. Delay in application of the curing material will not be permitted.

    7. (7) Protection. The contractor shall be responsible for protecting the walk against damage of all kinds until completed and accepted. Foot traffic on the walk shall not be permitted for forty-eight hours after placing the concrete. Auto traffic over the walk at driveways shall not be permitted for forty-eight hours and then only on planks for seven days after placing concrete.

      All concrete placed when freezing temperatures are expected shall be insulated to the satisfaction of the engineer for the duration of the curetime.

    8. (8) Backfilling. Forms shall be left in place for at least twenty-four hours. Any exposed “honey-combed” shall be patched before backfilling. Edges shall be carefully backfilled twenty-four hours after patching. The contractor shall use every possible precaution to prevent injury to trees, shrubbery and lawns which may be located on or near the site of the work, and he shall not locate any equipment where the same would interfere with or injure any trees, shrubbery or lawns. All shrubbery and lawns, either within the limits of the excavation or contiguous to the work, shall be replaced or restored to a condition at least as good as at the time of the commencement of the work.

  5. (e) Construction Methods (Sandstone Flagging).

    1. (1) Excavation. All the provisions of section 3.01 (Portland Cement Concrete) of these specifications covering excavation for Portland Cement concrete sidewalks and driveway aprons shall apply to grading for sandstone sidewalks and driveways, except that the depth of excavation shall be modified to accommodate the appropriate thickness of sandstone flagging.

    2. (2) Old stone flagging taken up and relaid. Flagging suitable for relaying shall be taken up, rejointed and relaid in proper line and grade. All flagging not suitable for relaying shall be replaced with new flagging meeting the requirements herein specified.

    3. (3) Laying flagging. The flagging for walks shall be laid with close joints and brought to an even surface conforming to the proper alignment and cross slope which is the same as that provided for Portland Cement concrete sidewalks in section 3.02 (Portland Cement Concrete) of these specifications. The surface shall be free from depressions and inequalities. Exposed sides shall be pitched off to a continuous straight line conforming to the width of the walk. All utility castings and other similar fixtures, shall be adjusted to grade by cutting neatly fitted openings in the flagging to accommodate the casting.

    4. (4) Backfilling and restoration. Edges shall be carefully backfilled upon completion of the laying of the sandstone flagging. The contractor shall use every possible precaution to prevent injury to trees, shrubbery and lawns which may be located on or near the site of the work, and he shall not locate any equipment where the same would interfere with or injure any trees, shrubbery or lawns. All shrubbery and lawns, either within the limits of the excavation or contiguous to the work, shall be replaced or restored to a condition at least as good as at the time of the commencement of the work.
      (Ord. 1974-948. Passed 11-19-74; Ord. 2005-49. Passed 8-8-05.)

903.03   Noncompliance with requirements

  1. (a) No owner or occupant of any property abutting a street shall fail to keep the sidewalk adjacent to such property in good repair.

  2. (b) Whenever the condition of any sidewalk or driveway apron in a dedicated street in the Village does not essentially conform to the requirements of Section 903.02, or:

  3. (l) There is settlement of abutting sidewalk blocks which produces a surface difference of elevation in excess of three-fourths inch, or

    1. (2) There are cracks in a sidewalk block which have separated horizontally in excess of one-fourth inch and/or vertically in excess of three- fourths inch, or

    2. (3) There are individual blocks of sidewalks that have fragmented, pitted or disintegrated fifty percent (50%) or more, or

    3. (4) There are individual sidewalk blocks which have settled or heaved to the extent that the change of elevation is in excess of three-fourths inch, or

    4. (5) There are individual sidewalk blocks that have an improper slope to the street of three-fourths inch per foot or greater, or

    5. (6) There are individual sidewalk blocks that have a severe pitch toward the dwelling when the yard is graded toward the street of one-half inch transverse elevation difference across blocks or greater, or

    6. (7) There exist any obstructions or nuisances therein; the Village may proceed to correct such condition and may charge and assess the cost thereof against the owners of the abutting property. If such cost is to be charged and assessed against the owners of the abutting property, the proceedings shall conform to the provisions of the Ohio Revised Code governing the construction and care of sidewalks.

  4. (c) Where the existing driveway apron is asphalt and does not conform with the requirements for new driveway aprons, the sidewalk area within the driveway may also be asphalt. Replacement of this asphalt sidewalk shall be accomplished at the time a new sidewalk is constructed on the property or when a new driveway apron is constructed. All new construction shall be accomplished utilizing Portland cement concrete or sandstone flagging in conformity to these specifications.
    (Ord. 1993-77. Passed 9-27-93.)

903.04   Permit required

No person shall construct, reconstruct, alter, repair, remove or replace any sidewalk or driveway apron in dedicated streets in the Municipality without having first obtained a permit from the Chief Administrative Officer. Such construction, reconstruction, alteration. repair, removal or replacement shall conform in all respects with the provisions of this chapter.
(Ord. 1974-948. Passed 11-19-74.)

903.99   Penalty

Whoever violates any of the provisions of this chapter shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six months or both. Each day such violation continues shall constitute a separate offense.