HomeMy WebLinkAbout182_Rules_Regulations Established_Construction of Streets_SidewalksORDINANCE NO. 182
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE CON-
STRUCTION OF STREETS AND SIDEWALKS IN THE CITY OF OWASSO,
PROVIDING A PENALTY FOR VIOLATIONS, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CO17NCIL OF THE CITY OF OWASSO, OKLAHOMA:
ARTICLE I - IN GENERAL
Section l® TITLE
This ordinance shall be designated as the Street &
Sidewalk Code of the City of Owasso, Oklahoma®
Section 2. ADMINISTRATION OF CODE
The provisions of this Code shall be administered by
the City Manager and Building Inspector, or any other duly appoint-
ed official of the City, with the advice and assistance of the
City Engineer®
Section 3® BUILDING PERMIT REQUIRED
No building, structure, sign, driveway, roadway or
Public utility line or structure which is authorized by these
regulations to be located within the setback lines hereafter
established shall be erected, moved, improved or located therein
until a permit is obtained from the City Clerk.®
Section 4. CONTENTS OF APPLICATION
The applicant for a permit as required herein shall fur-
nish the City Manager or the Building Inspector with the follow-
ing information at the time a request for a permit is made:
1. Detailed plans of the proposed construction or change in
roadway surface®
2® The approval of the Oklahoma State Highway Department of
plans of all improvements or changes that are to be located
in a setback line on a state or federal highway or Vnich
connects with or affects a state or federal highway.
Section 5® REQUIREMENTS NOT TO BE USED TO DEPRIVE PERSONS OF
RIGHT OF INGRESS OR EGRESS
The permit requirements shall not be used to deprive or
be construed as depriving any person of the right of ingress or
egress, but are to insure that the type of structures and road-
ways located within, or connecting with public streets and high-
ways, are of such a design that they will not create undue
congestion® dangers or traffic hazards on or adjacent to the
public streets®
Section 6. ALLOCATION OF COSTS FOR IMPROVEMENTS
It shall be the policy of the City that the cost of
rights-of-way and construction of facilities to serve and benefit
individual land parcels, neighborhoods and integrated use areas
shall be borne by the properties and areas benefited with costs
allocated in proportion to the benefits received. Where the
improvements primarily benefit larger areas, or the community
as a whole, such costs shall be so allocated, and where benefits
accrue both to the community and to smaller units, it is intended
that costs shall be proportionally allocated in accordance with
the benefits respectively received. This policy is intended to
be implemented through enforcement of applicable state laws
relating to cost apportionment and through the policies herein
established®
Section 7. ABUTTING PROPERTY TO COMPLY WITH PROVISIONS
All property
City shall comply with
portation plan, and no
expansion or change of
until the terms hereof
vided herein.
abutting major or minor streets in the
the provisions contained in this trans-
subdivisions of land including lot-splits,
use of land or buildings shall be permitted
have been complied with, except as pro-
Section 8. STRUCTURES PROHIBITED ON STREETS
It shall be unlawful for any person to construct, main-
tain or operate any gasoline pumps, driveway canopy, building or
political or commercial advertisement on any street or highway
right-of-way in the City® The constructing or maintaining of any
such thing, sign or structure on any street or highway right-of-
way shall constitute a public nuisance, which may be abated by
the city or its officers, agents, servants and employees,
Section 9. REMOVAL OF PROHIBITED STRUCTURES
The City, its officers, agents, servants and employees are
hereby authorized and empowered to physically tear down and
remove such building, driveway canopy, fence signpost, thing
or structure, gasoline pumps or any other obstruction; provided
that in the case of any driveway canopy, gasoline pumps or building,
or any other structure, the City shall give the owner or occupant
of the premises thirty (30) days' written demand for the removal
thereof, the notice to be given by certified mail or personal
service; and in the event the owner or occupant fails to remove
such driveway conopy, gasoline pumps or building, or any other
such structure, the City or its officers, agents, servants, and
employees are empowered to physically tear down and remove such
building, driveway canopy or pump; and where necessary, the City
is authorized to enter upon private property to the extent necessarV
to accomplish such removal.
Section 10. CITY MAY REGULATE CONSTRUCTION OF CULVERTS,
DRIVEWAYS, MAILBOXES
The City shall have the right to regulate the installa-
tion of culverts, driveways, or mailboxes that may be constructed
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or maintained on the right-of-way of any street or highway in
the City, and the City shall be the authority to remove any such
culvert, driveway or mailbox without notice where such culvert,
driveway or mailbox is considered to be dangerous to the travel-
ing public, or interfere with the property drainage or :maintenance
of the street or highway.
ARTICLE II - WORK AFFECTING STREETS
Section 1. APPLICABILITY OF SUBDIVISION REGULATIONS
In the event of conflict between this article and any
subdivision regulations of the City, the subdivision regulations
shall apply.
Section 2. PERMITS REQUIRED; FEE; DISPLAY
No person shall cut or remove any pavement, walk, drive,
curb or gutter, or construct or alter any walk or driveway pave-
ment or curb, or make any excavation within any public way without
first securing from the City Clerk a permit therefor, and paying
to the City Clerk a fee of Two Dollars ($2.00) therefor, together
with any other fees hereinafter required for the particular work
involved. No permit shall be issued except to a person authorized
under this article to perform the work involved® The permit shall
be in evidence on the job at all times until the work is completed®
Section 3. WHEN MULTIPLE PERMITS REQUIRED
Whenever it is necessary to cut or remove any pavement,
walk, drive or curb and gutter, or excavate in any roadway, a
separate permit shall be issued for each cut Made; provided, that
more than one cut may be covered by a single permit if located on
a single connected installation of new pipe or conduit.
Section 4. BONDS REQUIRED
The permit provided for by this article shall not be issued
by the City Clerk until the applicant has filed with the City a
bond in the SUM of Five Thousand Dollars ($5,000.00), executed by
a surety company authorized to transact business in the State of
Oklahoma, to be approved by theCity Council, and the conditions
of the bond shall be that the principal shall pay promptly all
charges or fees imposed by the ordinances of the City and further
that the principal will properly maintain for a period of one
year all backfill of any trenches excavated by the principal
across or along any street in the City® The bond shall be further
conditioned that the principal shall indemnify and save harmless
the City from any and all loss, cost, damage, expense, action or
liability of any kind whatever, including reasonable attorney's
fees, which the City may suffer or be required to pay, or which
may accrue against it or be recovered from the City by reason of
any loss, damage or injury incurred by any person on account of
or by reason of the doing of any cutting, altering or excavating
on any street in the City by the principal, his agents, servants
or employees, or by reason of the neglect, failure or refusal of
the principal, his agents, servants or employees to erect, place
and maintain proper safety devices, crossing signals or barricades
about such work while same is in process.
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Section 5. APPLICABILITY OF BOND REQUIREMENT TO UTILITIES
The bond requirement provided for herein shall not
apply to utility companies operating under franchise or under
congressional grant in the City; provided, however, that if the
work is sublet to a contractor, the contractor will be required
to furnish the bond herein provided.
Section 6. PREPARATION FOR, APPROVAL OF PROPOSED CONSTRUCTION
Required® The City Engineer shall establish all grades,
prepare all plans and specifications, and first approve all
types, methods and kinds of construction placed upon all
streets, alleys, easements or other public rights-of-way, or
any area contained in a preliminary plat which has been
approved by the Planning Commission which is proposed for
dedication as a public right-of-way, and shall observe and
inspect the same except as specifically directed by the City
Council and except as herein otherwise provided.
2® Fees for engineering services®
a® The City Engineer is hereby authorized and required to
collect a fee for services rendered on all public improve-
ments contracted for by the City and made and built under
the observation of and inspection by the City Engineer
from all persons, firms or corporations so contracting
and building; such fee being so collected to cover the
cost of preparing plans, profiles, estimates and speci-
fications, ascertaining grades and setting stakes in
connection with certain public improvements, and for
the necessary engineering and inspection thereof, all
as hereinafter set forth. Provided, however, that
where the engineering fee of such projects is limited
by statute, such engineering and inspection fees shall
be the maximum fee allowed by such statutes.
b® on all contracts for paving, whether for assessment
paving or otherwise, the fee for engineering and inspec-
tion work shall be the maximum fee allowed by statute
dealing with assessment paving.
C. On all other work performed under the supervision of the
City Engineer, a charge will be made according to the
schedule as set out in the agreement by and between the
City and City Engineer _Lneer for services.
d. The terms of this subsection shall not apply to any
contract for the construction of public improvements,
the cost of which is to be borne entirely by the City.
Section 7. OPTION OF PRIVATE OWNER TO ENGAGE ENGINEER
The owner of a tract of land desiring to develop same for
residential or industrial use by grading, paving or construction
storm or sanitary sewers at his expense may, at his option® engage
a registered professional engineer to prepare plans and specifi-
cations; provided, however, that:
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1® Plans and specifications shall conform to the City of Owasso
Standard Specifications for Street Construction. TArhenever
the City of Owasso Standard Specifications are silent the
requirements of the Standard Specifications of the State
of Oklahoma Highway Department shall apply®
2. The plans and specifications shall be first checked and
approved by the City Engineer®
3m Plans shall be prepared to the dimensions and scales approved
by the City Engineer. Original tracings may be prepared on
tracing paper, cloth, or mylar. Upon completion of the work
but prior to acceptance by the City, the original tracings
shall be corrected to "as-built". Said corrected tracings
shall then be printed as a "processed mylar" and filed with
and become the property of the City. If the original tracings
are cloth or mylar such tracings, after having been corrected
to "as-built", will be acceptable.
4. The construction contract shall be approved by the City
Engineer and City Attorney®
5® A performance bond guaranteeing that the work will be per-
formed according to the approved plans and specifications
and in compliance with existing ordinances, running in favor
of the owner or owners and the City jointly, shall first be
approved by the City Engineer and the City Attorney.
6. A certified copy of the contract and bond as approved shall
be filed with the City Clerk before work is commenced®
7® The actual construction shall be inspected by the City Enginner.
Any time it shall be determined by the City Engineer that
construction of any of the foregoing improvements does not
meet the City specifications for such improvements, the City,
through its City Engineer, shall have authority to stop con-
struction until the construction, including all materials
used, shall meet and comply with City specifications.
S® A fee for general observation and inspection shat] -be paid
to the City in accordance with the schedule established by
the City Engineer with the approval of the City Council®
The fee shall be paid to the City at the time the contract
and bond are filed with the City Clerk.
Section 8. PLANNER OF MAKING CUTS,
All cuts of City Street Paving shall be made in accord-
ance with the provisions of the City of Owasso Standard Specifi-
cations for Street Construction and the requirements of the City
Engineer.
Section 9. ALTERING, CONSTRUCTING DRIVE-WAYS
Whenever it is necessary to alter an existing drive or
construct a new drive connecting to existing paving, it shall be
in a manner approved by the City Engineer and conforming to re-
quirements of the City of Owasso Standard Specifications for
Street Construction and the City Engineer.
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Section 10. WORK ON DRIVEWAYS BY PROPERTY OWNERS
A residential property owner may perform the necessary
work on his own residential driveway by obtaining the permit as
required herein and complying with the specificat--ions.and pro-
visions herein contained® The bond requirements provided for
herein shall not apply to the residential property owner,
Section ll® REMOVAL OF SAFETY PRECAUTIONS
It shall be unlawful for any person to remove or destroy
any barrier or danger signal placed or erected under the provisions
of this article, unless such act is done at the direction of the
person in charge of such work or the City Engineer,
Section l2®
PROTECTION OF NEW PAVEMENT
It shall be the duty of any person constructing a side-
walk, curb or street or alley pavement in the City to place
barriers around such work sufficient to protect and prevent any
traveling upon the same until it is ready to use. it shall be
unlawful for any person to remove, displace, tear down or destroy
any barricade placed upon or along any street, alley or sidewalk
while the same is in the course of construction and before it
is opened for traffic, and it shall be unlawful for any person
to enter into or upon such street, pavement or sidewalk, or to
permit any Person or thing under his control to do so before the
pavement, street or sidewalk is opened for general traffic.
Section 13. REPLACING MANHOLE COVER REQUIRED
It shall be unlawful for any person to leave any manhole
without replacing the fixtures and the cover properly,
ARTICLE III - STANDARDS AND REQUIREMENTS
Section 1. DESIGN STANDARDS
The design of streets shall conform to the requirements of
the City of Owasso Standard Specifications for Street Construction.
`Ihe City Council shall adopt Standard Specifications for Street
Construction by Resolution. Copies thereof shall be made avail-
able to those persons requesting the same at publication cost®
The City Council may® from time to time, amend such Standard
Specifications for Street Construction also by Resolution.
Section 2. RIGHT-OF-WAY DEDICATION REQUIRED
The right-of-way for which the developer is responsible
shall be that required by the Planning Commission except the
minimum right-of-way shall be not less than that set forth below®
Whenever the arterial street lies wholly within the proposed
subdivision the total width of the right-of-way shall- be dedicated,
and whenever the arterial street is located adjacent to the outer
edge of the subdivision, one-half (1/2) of the right-of—way shall
be dedicated if it is determined by the Planning Commission that
it is equitable and feasible from an engineering design stand-
point for the other half of the right-of-way to be dedicated from
adjacent property.
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Classification of Facility
Freeway ...................
Primary arterial ..........
Secondary arterial ........
industrial, Commercial ®a ®®
Residential, Collector
Residential, Minor
Section 3® SIDEWALKS REQUIRED
Private Dedication of
Right -of -Way Required
(Minimum)
None (Public Responsible)
120 feet
100 feet
80 feet
60 feet
50 feet
Sidewalks shall be installed along both sides of all streets
in all zoning categories except industrial. Sidewalks shall have
a minimum width of 4 feet in residential areas and of 8 feet in
office and commercial areas® The sidewalks, when constructed,
should be located with the outside edge of the sidewalk being
1 foot from the property or right-of--,,vay line, unless due to
terrain or unusual circumstances the City Engineer approves
a different location®
Section 4.
SETBACK REQUIREMENTS; LOCATION OF STRUCTURES WITHIN
SETBACK LINES7 DESIGN STANDARDS,
Setback lines, location of buildings, location of
structures within setback lines, shall be as determined by the
Planning Commission® Design and construction shall be in accord-
ance with the City of Owasso Standard Specification for Street
Construction which shall be established by the City Engineer
with the approval of the City Council.
Section 5. APPEALS OF SETBACK REQUIREMENTS TO T'IT-11E BOARD OF ZONING
ADJUSTMENT; GRANTING OF VARIANCE
1® The Board of Adjustment as established by the zoning ordinance
of the City shall have the power to grant variances from the
following:
a® Setback regulations®
b® Requirements that all parking areas and circulation drives
shall be located off of the street right-of-way. Provided,
however, that the paving -requirements for parking and
circulation may not be modified by the Board of Adjustment®
2® A variance shall be granted only in specific cases where the
strict application of regulations would constitute an undue
hardship and an unreasonable deprivation of the use of
property as distinguished from the mere grant of 3Drivileqe7
provided, however, that any variation shall be consistent
with and carry out the intended purpose and spirit of these
regulations®
ARTICLE IV - PENALTY
Any person who shall violate any of the provisions of this
ordinance or shall fail to comply therewith or with any of the
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requirements thereof, or who shall build or alter any building
in violation of any detailed statement or plan submitted and
approved hereunder shall be deemed guilty of an offense and upon
conviction thereof, shall be fined not more than $35.00 and each
day ®s violation thereof shall constitute a separate offense®
The owner of any building or premises or part thereof Vnere any-
thing in violation of this ordinance shall be placed or shall
exist, and any architect, builder, contractor, individual, person
or corporation employed in connection therewith and who may have
assisted in the commission of any such violation shall be deemed
guilty of a separate offense and upon conviction shall be fined
as herein provided.
ARTICLE V - EMERGENCY CLAUSE
That an emergency exists
public peace, health and safety,
ordinance shall take effect from
and publication,
PASSED and the emergency
and approved this 5th -day of Au,
for the Preservation of the
by reason whereof, this
and after its passage, approval
clause ruled upon separately
use- � 1975.
APPROVED this 5th day of August 17 1975�
City Clerk
7,
MAYOR, City of Owasso, Oklahoma
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PROOF OF I ATION
STATE OF OKLAHOMA, TULSA COUNTY, sse
Bill R R,etherford, of lawful age, being duly sworn, upon
oath deposes and says that he is the publisher of the
wssr r r"
. . . ..... ............ . a newspaper
painted in the English language, in the City of
w`. 0............. Tulsa County, Oklahoma,
having a bona fide paid general circulation therein, and
with entrance into the United States mail as second class
mail matter in Tulsa County and published in said county
where delivered to the United States mail, and that the notice
by publication, a copy of which is hereto attached, was
published in said newspaper for . .. a' ........ .
consecutive weeks, the first publication being on the
sl-
. . . ............... day of . .`....... ®,
19 7 5, . m and the last day of publication being on the
Article I designates: the Title of the Code, provides the
... , , , . , m ®.... , .day of . , . , .. > .....
administration of the Code, requires a building permit for
certain structures, sets out the required contents ` of an
requirements
and , , ° ., and that said newspaper has been continuously shall not be used to deprive Application for Permit, states that permit g d uninterruptedly published in said county during the persons of the right of ingress ress or
period of more than One Hundred and Four (104) weeks egress, allocates costs for improvements, requires abutting
consecutively, prior to the first publication of said notice, property to comply with the provisions of the Code, prohibits;
structureson streets authorizes the removal of prohibited
or advertisement, as required by Section one, Chapter >
four, Title 25 Oklahoma Session Laws, 1943, as amended structuresandallows the City to regulate the construction of
by House Bill No. 495, 22nd Legislature, and thereafter, Culverts, driveways and mailboxes.
°ors f lies with 211 of the prescriptions and require- Article II sets out the applicability of subdivision
n s o the laws of Oklahoma. (The advertisement above regulations requires a Pp
referred to is a true and printed cop�.Y. Said notice was q permit sets a fee and requires a
publishes M all e 'tiaras of � aper and not in a display of the permit, sets out the conditions when multiple
Suppi went there permits are required, sets out bond requirements, provides
z for the applicability of bond requirements to utilities,
'.
specifies the method by which proposed construction is prepared for and approved, provides that a private owner
su °used ibed and sworn to before me by B' Y R. Retherford, has the option of engaging, a registered professional
engineer, provides for the manner of making cuts, provides
.. ...... for the method of altering or constructing driveways, sets
publisher of the
` " out certain requirements of residential property owners
"' before work on driveways may be commenced, prohibits the
this . a ; . °day of , ; i °fie . , . .. 19'.: .. ® removal of safety precautions, sets out rules for the
✓� ✓f �// �! protection of new Pavement, and requires manhole covers to
✓ N! otary Public: be replaced.
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My Commission expires ° P • P. ;' . ° ... ° .... ° .. Article III sets out design standards, requires right -of -way
dedication by developers, requires sidewalks in certain
zoning categories, establishes setback requirements,
>
PUBLISHER'S FEE $. �a P'1 location of structures within ,setback lilies, and design
standards thereof, and provides for appeals of setback
requirements to the Board of Zoning Adjustment and the
granting of variances.
Article IV provides a penalty for violation of the Code.
Article V is the Emergency 'Clause requiring the im-
mediate inactment of the Ordinance.
PASSED and the emergency clause ruled upon separately
and approved this 5th day of August, 1975.
APPROVED this 5th day of August, 1975.
Harold O. Large
ATTEST: MAYOR, City of Owasso, Oklahoma
_:
Marcia G. ;Riggs
City Clerk