Article I. In General

Section 24-1. Street paving - Control and supervision.

All streets paved within the corporate limits of the Town of Easton shall be under complete control and jurisdiction of the town and shall be constructed under the supervision and direction of the town engineer, whose duty it shall be to furnish to the council a report of the work done and an itemized statement of the costs of same. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

Section 24-2. Same - Assessment of abutting property owners.

The cost of the street paving improvements shall be levied against abutting property owners by an ordinance passed by the council; said costs to constitute a lien against the abutting property. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

Section 24-3. Same - Allocation of costs.

(a) The Town may assume forty (40) percent of the costs of street paving, the remaining sixty (60) percent shall be paid by the abutting property owner or assessed against their property and collected as hereinafter provided.

(b) In any area in which street construction has not commenced as of July 17, 1972, the entire cost of street paving shall be paid by the abutting property and collected as hereinafter provided.

(Ordinance 537 aka B-80 effective 7/17/1972, historical reference 14, 474 aka B-48)

Section 24-4. Same - Specifications.

All street paving shall be constructed in accordance with the standard plans and specifications prepared by the town engineer and on file in the office of the town clerk. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

Section 24-5. Same - Installation of sewer, water or gas mains and laterals.

(a) Before the paving of any street or roadway, under which there does not exist a water main, sewer main, gas main or storm drain, it is required that there shall be installed such water, sewer and gas mains and storm drains as may be required, together with all necessary laterals from such mains or drains to the established curb line in front of each improved property or vacant lot.

(b) Before the paving of any street or roadway under which sanitary sewer mains, water mains and gas mains exist, it is required that there shall be installed where they do not already exist, separate sewer, water and gas laterals, extending from said main to the established curb line in front of each improved property or vacant lot.

(c) All water, sewer and gas mains and laterals within the corporate limits of the Town of Easton shall be under the complete control and jurisdiction of the Easton Utility Commission and shall be constructed under the supervision of the said Utilities Commission.

(Ordinance 475 aka B-49 effective 10/18/1955, historical reference 14)

Section 24-6. Same - Cost of installing sewer, water or gas mains and laterals.

The cost of water gas and sewer main and lateral installation and storm drains shall be in accordance with the Rates and General Service Terms and Conditions governing each department of the Easton Utilities Commission. (Ordinance effective 475 aka B-49 effective 10/18/1955)

Section 24-7. Obstruction of streets and sidewalks generally.

It shall be unlawful to place on any sidewalk or roadway in the town any piles or dirt or other material, or any obstruction of any kind, except as provided in this chapter, unless a special permit is first secured from the chief of police or other authorized agent of the town; and the owner of such material or obstruction shall be required to place thereon, and maintain, a sufficient light when such obstruction shall remain in such position after dark. (Ordinance 10 effective 1/1/1941)

Section 24-8. Location of fixtures in regard to curbs and sidewalks.

Water meter covers, pave-wash boxes, manhole covers, valve boxes and similar fixtures shall be set or placed inside the curb and not more than twelve inches therefrom, unless otherwise permitted by the town engineer, and flush with the surface of the sidewalk so that they shall not present an obstruction or stumbling block to pedestrians. (Ordinance 46 effective 3/20/1956, historical reference 14, 38)

Section 24-9. Restrictions on cellar doors, cellarways and openings in sidewalks.

(a) No cellar door shall be placed in or on any sidewalk except by written permission of the council and any cellar door so permitted and the hinges and other fastenings or attachments thereof shall be placed level with the said sidewalk.

(b) All cellarways and openings in any sidewalk or public right-of-way shall be properly guarded when open. (Ordinance 46 effective 3/20/1956, historical reference 14

Section 24-10. Restrictions on planting trees, shrubbery or similar obstructions.

It shall be unlawful to plant any tree, post, pole or shrubbery or similar obstruction, except installations by the town and/or public utilities, between the sidewalk and curb line of any street or highway in the town without first obtaining permission of the town and the execution of an agreement by the property owner assuming responsibility for all expenses of repairs and removal of said trees and shrubbery, the trimming and maintenance of the trees or shrubbery may cause to gas mains, water or sewerage lines, sidewalk, curb an gutter, or any other damage, and the trimming of the trees and shrubbery for the clearance of al utility lines. (Ordinance 46 effective 3/20/1956, historical reference 14, 24, 38)

Section 24-11. Damage to curbs and streets prohibited.

It shall be unlawful for any person, firm or corporation, except employees of the town, when so directed, to dig up, break or remove any curb or the surface of any street between curbs, whether paved or unpaved, within the limits of the town. (Ordinance 14 effective 1/1/1941)

Section 24-12. Damage to sidewalks prohibited.

No person, firm or corporation shall, by contract or otherwise, do any work involving damage to any sidewalk on any street or other public way in the town, except such sidewalk be restored to its original condition. (Ordinance 14 effective 1/1/1941)

Section 24-13. Levels and grades; survey - Ratification and adoption.

The survey, and maps, charts and specifications made in connection therewith, showing the levels and grades of the streets, lanes, alleys, gutters and sidewalks of the town prepared by Williams, Proctor and Potts, 1907, which survey is on file in the office of the town clerk, and all subsequent amendments and additions thereto existing at the time of the adoption of this Code, are hereby ratified and adopted as the true and proper survey for levels and grades in the town. (Ordinance 15 aka E-1 effective 3/22/1907)

Section 24-14. Removing or otherwise disturbing grade or line markers prohibited.

It shall be unlawful for any person, or persons to drive down, pull up or remove or otherwise willfully disturb or impair any stake, stakes, or monuments, which may be planted or driven in the ground by the authority of the town for the purpose of fixing and indicating the grade or line of any street, sidewalk pavement or curb or other lines or boundaries of any public lands, streets, squares, lanes or alleys in the Town of Easton. (Ordinance 14 effective 1/1/1941)

Section 24-15. Snow and ice removal.

It shall be unlawful for any person or persons, or body corporate, to allow snow and ice to remain on or upon the sidewalk of any street or alley adjoining property owned or occupied by him, them or it, for a longer period than twenty four (24) hours from the cessation of the fall of said snow or sleet, and said person, persons, or body corporate shall have the same cleared off and removed from the said sidewalk within the time set forth herein. (Ordinance 10 effective 1/1/1941)

Section 24-16. Sidewalks in front of premises to be kept clean.

It shall be unlawful for any person to sweep dirt or trash from the interior of any store, commercial establishment or premises upon the sidewalk, but such dirt or trash shall be taken up and put in proper receptacles for removal.

It shall be the duty of all persons occupying stores, commercial establishments or premises fronting on any street or public place to keep the sidewalk immediately in front thereof clean and clear of rubbish, trash, waste papers and similar materials, and the same shall not be swept into the driveway or the street but it shall be taken up and put in proper receptacles to be moved as other trash and waste is removed. (Ordinance 519 aka E-34 effective 5/7/1967)

Section 24-17. Transporting loose materials on public ways.

It shall be unlawful for any person or persons to haul or transport over the public highways and streets of the town loose materials in such a manner that said material either falls or is blown on said public streets and highways. (Ordinance 32 effetive 3/21/1951)

Section 24-18. Display of merchandise on sidewalks.

Displaying of merchandise on sidewalks immediately in front of stores which sell same shall be allowed except on Sundays, provided such merchandise or stands or containers for same do not extend out from the building line more than four (4) feet and in no case approach nearer to the curb line than six (6) feet; and provided further, that no merchandise having sharp or dangerous projections shall be so displayed; and provided further, it shall be unlawful to place a machine or mechanism that dispenses or vends merchandise or drinks on any of the sidewalks within the limits of said town. (Ordinance 49 effective 3/16/1959, historical reference 10)

Section 24-19. Erection of utility poles.

In the erection of poles in the town by the lighting and telephone companies, no pole shall be planted in front of the entrance of any property holder, and wherever practicable, said pole shall be placed upon the divisional line between properties. (Ordinance 10 effective 1/1/1941)

Section 24-20. Roof water drainage across pavement prohibited.

It shall be unlawful for the owner or occupant of any building located on any of the streets of the town to permit water or descent from the roof thereof to or upon the pavement or sidewalk below. (Ordinance 10 effective 1/1/1941)

Section 24-21. Posting bills or similar materials on utility poles; suspending advertising across streets.

It shall be unlawful for any person to set up, post or attach in any manner and hand line, poster, notice or advertisement upon any telegraph, electric light or telephone pole or suspend any advertisement across the streets within the corporate limits unless permission shall first be obtained in writing from the town. (Ordinance 10 effective 1/1/1941)

Section 24-22. Construction, maintenance and repair of sidewalks by property owner.

It shall be the obligation of the owner or owners of every lot or premises situate within the corporate limits of the town and fronting on any curbed street or curbed alley in said town to make, or cause to be made and maintained, at the said owner's expense, and in conformity with such lines and grades as have been or shall hereafter be established by the town, a sidewalk to be made of such material and in such a manner as is provided by this chapter unless the town grant permission to use other materials, and it shall further be the duty of said owner or owners to keep such pavement or sidewalk in good and substantial repair. (Ordinance 14 effective 1/1/1941)

Section 24-23. Sidewalk construction expense.

Sidewalks shall be constructed at the expense of the property owner. (Ordinance 14 effective 1/1/1941)

Section 24-24. Permit required for construction or altering sidewalks.

Before the owner or owners of any lot or premises abutting upon any street proceed to construct or alter any sidewalk on such street, a permit shall first be obtained from the town in form prescribed by it. The said permit shall be issued by the town clerk after having been countersigned by the town engineer. Instructions as to location, width and grade of the said sidewalk shall be set forth on the permit or by other written instruction by the town engineer, in accordance with regulations and grades as established by the town.

The fee for the issuance of a permit for construction of a sidewalk shall be one dollar and fifty cents ($1.50), paid to the town clerk prior to the issuance of said permit.

(Ordinance 14 effective 1/1/1941)

Section 24-25. Sidewalk construction - Supervision.

Construction of all sidewalks shall be under the supervision of the town engineer. (Ordinance 47 effective 4/3/1956, historical reference 14)

Section 24-26. Same - Specifications.

(a) All sidewalks hereafter constructed shall be made of cement-concrete slabs, not less than four inches (4") in thickness, constructed of material of such quality and in such proportion as is generally considered standard for good practice. Other materials may be used only by permission granted by formal action of the town.

(b) Sidewalks shall be so constructed as to have a slope toward the paralleling curb of between one quarter of an inch and three eights of an inch to the foot and wherever any sidewalk adjoins any curb it shall not be below nor more than one-half inch above such curb.

(c) Where concrete or rigid sidewalk pavements abut or join upon curbs, there shall be placed an expansion joint to be constructed under the direction of and satisfactory to the town engineer.

(d) In business sections of the town, all pavements hereafter laid shall extend in width from the property line to the curb, but in no event shall the sidewalk in business sections be less than five feet; in the residential sections and other portions of the town, no pavement shall be less than five feet, unless the space from property line to curb be less, provided, however, that the town may permit a sidewalk in residential areas of a width of less than five feet, upon a finding that a five foot sidewalk is not necessary, in which event the sidewalk may be constructed of a width which the town council may by resolution determine; provided however, that except as otherwise herein provided, no sidewalk may be constructed less than three and one-half feet in width and shall be laid conformable with existing pavements, subject to the approval of the town engineer. In all cases where the pavement is not to extend from the building or property line to the curb, the width shall be as prescribed in the permit or in the resolution of the council ordering the construction of such pavement; and in the construction and application of this section, the council shall determine which are the business sections and which are the residential sections of the town. (Ordinance 47 effective 4/3/1956, historical reference 14)

Section 24-27. Town authority to effect sidewalk construction; notice to owner.

Whenever in the judgment of the town it shall be deemed proper that any sidewalk shall be raised or lowered to the proper grade or that any sidewalk shall be paved, repaved or repaired in the town, the town shall first cause to be constructed, a good and sufficient curb and gutter (if such curb and gutter have not been previously built)and after the completion of said curb, the council shall cause a notice to be served by the chief of police or one of the police officers of the town, requiring the owner or owners of the lot or premises abutting upon such sidewalk, to properly grade, pave, repave or repair said sidewalk according to the lines and grades furnished by the town engineer, within twenty-five days from the date of said notice. (Ordinance 14 effective 1/1/1941)

Section 24-28. Sidewalk construction and maintenance where owner fails to comply with notice.

If the owner or owners of any lot or premises shall refuse or neglect to comply with the notice referred to in section 24- 27 of this chapter, after the expiration of twenty-five days from the date of service thereof, the town shall forthwith, upon such refusal or neglect, cause the sidewalk to be paved, graded, repaved or repaired in accordance with the provisions of this chapter. The town engineer shall supervise the said work, and it shall be the duty of the town engineer, in pursuance of the order of the town, to grade, pave, repave, or repair such pavement or sidewalk in accordance with the legally established lines and grades. The town engineer shall, upon completion of the work, return to the council a report of his proceedings in the matter and all itemized statement of the cost of the same, which costs shall be recovered by the town from the abutting property owners. (Ordinance 14 effective 1/1/1941 )

Section 24-28A: Construction or Repair of Sidewalks, Ect. By Public Agencies.

1. In order to protect the public health, safety and welfare of the Town, it has become necessary to initiate the construction of streets and sidewalks under circumstances where it is not practicle for abutting property owners to pay for a portion of the costs as provided for elsewhere in this Chapter.

2. Repair work may consist of the construction and repair of the streets and sidewalks, the drainage system, the various utility systems, including the location or relocation of water, sewer, electric, gas, and cable communication lines within public rights of way, streets and sidewalk lights, landscaping, as well as maintaining existing entrances from public and private properties to the street and sidewalks, and to do all things necessary to accomplish these purposes.

3. To carry out the previously described street and sidewalk construction and repairs as duly authorized by the Town Charter and Town Code, the Town and its employees, agents, and assigns shall have a right of temporary entry upon private property for the purpose of accomplishing such work, at all reasonable time, upon any premises in the Town which abuts a public street or sidewalk in the Town.

4. The Town shall be responsible for repairing any damage done to private property by the Town and its employees, agents, and assigns pursuant to the powers granted by this Section.

(Ordinance 420 effective 11/8/2000)

Section 24-29. Curb and gutter construction - Supervision and control.

All curbs and gutters within the corporate limits of the Town of Easton shall be constructed under the supervision and charge of the town engineer, whose duty it shall be to furnish to the council a report of the work done including an allowance for supervision and engineering and an itemized statement of the costs of same. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

Section 24-30. Same - Allocation of costs.

The town may assume up to forty (40) percent of the costs of curb and gutter construction or repair, the remaining sixty (60) percent to be paid for by the property owner or owners or assessed against his, her or their property and collected as hereinafter provided. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

In any area in which street construction has not commenced as of July 17, 1972, the entire cost of curb and gutter construction or repair shall be paid by the abutting property owner, or assessed against the abutting property and collected as herein provided. (Ordinance 537 aka B-80 effective 7/17/1972)

The entire cost of repairs or reconstruction of damaged or defective curbs and/or street gutters, may be borne by the town; provided, however, that when any property owner shall request permission to lower or otherwise modify the grade, dimensions or shape of any existing curb and/or sidewalk, for the purpose of or as a part of constructing a private driveway or entrance to such owner's property, the entire cost of such alteration shall be borne by such owner. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

Section 24-31. Same - Assessment of property owners.

The cost of the curb and gutter improvements may be levied against abutting property by an ordinance passed by the council; said cost constitute a lien against the abutting property. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)

Section 24-32. Same - Specifications.

All curbs and gutters shall be constructed in accordance with the standard plans and specifications prepared by the town engineer and on file in the office of the town clerk. (Ordinance 474 aka B-48 effective 6/21/1955, historical reference 14)