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HomeMy WebLinkAboutPart 14 Streets & Public WorksSection 14 -101 Street Superintendent Section 14 -102 Powers and Duties Section 14 -103 Encroachments in Streets Section 14 -104 Notice of Encroachment Section 14 -105 Trees and Shrubbery to be Trimmed Section 14 -106 Unlawful to Injure Trees and Shrubbery Section 14 -107 Business Use of Streets Prohibited Section 14 -108 Unlawful to Obstruct Unduly Sidewalks and Streets Section 14 -109 Unlawful to Deposit Trash Upon Streets or Sidewalks Section 14 -110 Unlawful to Play on Streets Section 14 -111 Water from Filling Stations and Other Businesses Section 14 -112 Owner or Occupant Not to Permit Sidewalk or Sidewalk Area to Become a Hazard Section 14 -113 Driving Through Barriers Section 14 -114 Injury to Pavement Section 14 -115 Skates, Toy Vehicles Section 14 -116 Children on Street Section 14 -117 Cleaning Section 14 -118 Trash Section 14 -119 Snow on Walks Section 14 -120 Steam Escaping Section 14 -201 Excavations Section 14 -202 Open Grating Section 14 -203 Drainage Section 14 -204 Sidewalks Section 14 -205 Restoring Surface Section 14 -206 Supervision Section 14 -301 Section 14 -302 Section 14 -303 Section 14 -304 Section 14 -305 Streets and Public Works PART 14 STREETS AND PUBLIC WORKS CHAPTER 1 STREETS AND SIDEWALKS CHAPTER 2 EXCAVATIONS CHAPTER 3 SPECIFICATIONS FOR SIDEWALKS, DRIVEWAYS, CURBS City Council to Prescribe Specifications Specifications to be Filed With City Clerk Specifications to be Applicable to Letting of Contracts City Clerk to Notify Owner of Resolution Unlawful to Enter Property Other Than at Curb Cuts Section 14 -401 Section 14 -402 Section 14 -403 Section 14 -404 Section 14 -405 Section 14 -406 Section 14 -407 Section 14 -408 Section 14 -409 Section 14 -410 Section 14 -501 Section 14 -502 Section 14 -503 Section 14 -504 Section 14 -505 Section 14 -601 Section 14 -602 Section 14 -603 Section 14 - 604 Section 14 -605 Section 14 -606 Section 14 -607 Section 14 -608 Section 14 -609 Section 14 -610 Section 14 -611 Section 14 -612 Section 14 -613 Streets and Public Works CHAPTER 4 RULES AND REGULATIONS FOR THE CONSTRUCTION OF STREETS AND SIDEWALKS Short Title Administration of Code Building Permit Required Contents of Application Requirements Not to be Used to Deprive Persons of Right of Ingress or Egress Allocation of Costs for Improvements Abutting Property to Comply With Provisions Structures Prohibited on Streets Removal of Prohibited Structures City May Regulate Construction of Culverts, Driveways, Mailboxes CHAPTER 5 STREET NAME CHANGES East and West Streets South of Broadway East and West Streets North of Broadway Streets South of Broadway to be Avenues North and South Streets West of Main Street North and South Streets East of Main Street CHAPTER 6 WORK AFFECTING STREETS Applicability of Subdivision Regulations Permits Required; Fee; Display When Multiple Permits Required Bonds Required Applicability of Bond Requirement to Utilities Preparation for; Approval of Proposed Construction Option of Private Owner to Engage Engineer Manner of Making Cuts Altering, Constructing Driveways Work on Driveways by Property Owners Removal of Safety Precautions Protection of New Pavement Replacing Manhole Cover Required 0 0 Section 14 -801 Penalty Streets and Public Works CHAPTER 7 STREET DESIGN Section 14 -701 Design Standards Section 14 -702 Right -of -Way Dedication Required Section 14 -703 Sidewalks Required Section 14 -704 Setback Requirements; Location of Structures Within Setback Lines; Design Standards Section 14 -705 Appeals of Setback Requirements to the Board of Zoning Adjustment; Granting of Variance Section 14 -706 Penalty CHAPTER 8 PENALTY Streets and Public Works CHAPTER 1 STREETS AND SIDEWALKS Section 14 -101 Street Superintendent Section 14 -102 Powers and Duties Section 14 -103 Encroachments in Streets Section 14 -104 Notice of Encroachment Section 14 -105 Trees and Shrubbery to be Trimmed Section 14 -106 Unlawful to Injure Trees and Shrubbery Section 14 -107 Business Use of Streets Prohibited Section 14 -108 Unlawful to Obstruct Unduly Sidewalks and Streets Section 14 -109 Unlawful to Deposit Trash Upon Streets or Sidewalks Section 14 -110 Unlawful to Play on Streets Section 14 -111 Water from Filling Stations and Other Businesses Section 14 -112 Owner or Occupant Not to Permit Sidewalk or Sidewalk Area to Become a Hazard Section 14 -113 Driving Through Barriers Section 14 -114 Injury to Pavement Section 14 -115 Skates, Toy Vehicles Section 14 -116 Children on street Section 14 -117 Cleaning Section 14 -118 Trash Section 14 -119 Snow on Walks Section 14 -120 Steam Escaping SECTION 14 -101 STREET SUPERINTENDENT The city manager may appoint a street superintendent and such other street employees as may be authorized by the mayor and city council. (Prior Code, Sec. 1 -42) SECTION 14 -102 POWERS AND DUTIES The street superintendent and other employees appointed as provided above shall maintain and improve the streets and alleys of the city, and shall place, maintain, and remove street signs and traffic signs and devices as directed. (Prior Code, Sec. 1 -43) SECTION 14 -103 ENCROACHMENTS IN STREETS A. The council may prohibit and prevent all encroachments into and upon the sidewalks, streets, avenues, alleys and other property of the city and may also regulate the planting and protection of shade trees in streets, building of bulkheads, cellar and basement ways, stairways, railways, windows and doorways, awnings, hitching posts and rails, lamp posts, awning posts, and all other structures projecting upon or over and adjoining, and all other excavations through and under or over sidewalks or along any of the streets or rights of way of the city. B. The council may demand the removal of the encroachments herein enumerated and may provide for the removal of all such encroachments or obstructions at the expense of the owner or occupiers of the grounds fronting thereon, or at the expense of the person placing the same there. (Prior Code, Sec. 19 -1) Streets and Public Works SECTION 14 -104 NOTICE OF ENCROACHMENT The city council shall give notice to the property owner of any encroachment the council may deem necessary to be removed. The property owner or persons placing or responsible for the encroachment shall within five (5) days after mailing of the notice by the city, make substantial preparation for the removal of the specified encroachment and shall give evidence to the council satisfactory to the council that active measures are being taken to remove the encroachment as per the council's notice and instruction. The notice herein required may be given by mailing a copy thereof to the person responsible for the encroachment at the person's last known address and by posting a copy of the notice on the property where the encroachment occurs. If no address is available to the council after reasonable search and inquiry, then posting shall be sufficient. The notice shall specify the nature of the encroachment and the demand for the removal thereof. If within five (5) days after mailing the notice and posting thereof, evidence has not been submitted to the city council showing immediate steps are being taken to remove the encroachment, the person responsible for the encroachment shall be fined as provided in Section 1- 108 of this code for each day that the encroachment is allowed to remain and each day the encroachment is allowed to remain shall constitute a separate offense. (Prior Code, Sec. 19 -2) SECTION 14 -105 TREES AND SHRUBBERY TO BE TRIMMED The owner of any premises abutting on any street of this city shall trim all trees and shrubbery growing in the parking, between the sidewalks and the roadway of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks or any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage and travel along the streets, sidewalks, and alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as hereinbefore required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten (10) feet above the roadway of a street or alley, nor lower than eight (8) feet above the sidewalk. Every day that the owner or occupant fails, refuses, or neglects to trim such trees or shrubbery after the expiration of the five (5) days' notice, shall be a separate offense. (Prior Code, Secs. 19 -3, 19 -4) SECTION 14 -106 UNLAWFUL TO INJURE TREES AND SHRUBBERY It is unlawful for any person to injure any tree or shrubbery on a street or alley in the city. This section shall not prohibit the lawful and proper care and removal of such trees and shrubbery. (Prior Code, Sec. 19 -5) SECTION 14 -107 BUSINESS USE OF STREETS PROHIBITED It is unlawful for any person, firm, or corporation to construct, erect, place, operate, maintain, or permit to exist any ice box, ice dock, gasoline pump, gasoline storage reservoir, tire rack, tire tools or equipment, water hose connection, any mercantile business, or any tools, stand, equipment, merchandise, or appurtenances thereof, aerials, poles, or wires therefore, whether permanent or temporary, or any other obstruction, upon any part of any street, alley, boulevard, parkway, curbing, or parking within the city. (Prior Code, Sec. 19 -6) SECTION 14 -108 UNLAWFUL TO OBSTRUCT UNDULY SIDEWALKS AND STREETS It is unlawful for any person to use or obstruct the sidewalks of the city in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets and alleys of the city in any manner so as to interfere unduly with lawful traffic and parking thereon. (Prior Code, Sec. 19 -7) 0 0 Streets and Public Works SECTION 14 -109 UNLAWFUL TO DEPOSIT TRASH UPON STREETS OR SIDEWALKS It is unlawful for any person to deposit, throw, or sweep into or upon a street, alley, parking, or sidewalk of the city any paper, rubbish, grass, weeds, tree trimmings, dirt, trash, crates, boxes, or other refuse of any kind. (Prior Code, Sec. 19 -8) SECTION 14 -110 UNLAWFUL TO PLAY ON STREETS It is unlawful for any person to play on the main - traveled portion of the streets and alleys of the city, except as may be authorized by ordinance. (Prior Code, Sec. 19- 9) SECTION 14 -111 WATER FROM FILLING STATIONS AND OTHER BUSINESSES It is unlawful for any owner or operator of a filling station or other place of business, or any agent or employee thereof, to cause or allow water, grease, or other fluid to flow or drain into, upon, over, or across any sidewalk, parking, street, alley, or other public way. (Prior Code, Sec. 19 -11) SECTION 14 -112 OWNER OR OCCUPANT NOT TO PERMIT SIDEWALK OR SIDEWALK AREA TO BECOME A HAZARD It is unlawful for the owner or occupant of property abutting upon a sidewalk or sidewalk area to permit the sidewalk or sidewalk area adjacent to the property to become a hazard to persons using the sidewalk or sidewalk area. (Prior Code, Sec. 19 -12) SECTION 14 -113 DRIVING THROUGH BARRIERS No person shall drive any vehicle over or pavement in any public street, across or around barricade or at, or near which there is a person or pavement or a sign stating that the street is closed. SECTION 14 -114 INJURY TO PAVEMENT No person shall drive any vehicle on or over any paved street in the city when such vehicle has tires, lugs, or wheels so constructed or in such condition or of such weight or so loaded as to injure the pavement street surface. Nothing herein contained shall be deemed to prohibit the use of anti -skid chains or rubber tires attached to the wheels of motor vehicles. (Prior Code, Sec. 19 -14) SECTION 14 -115 SKATES, TOY VEHICLES SECTION 14 -116 CHILDREN ON STREET across any newly made pavement or newly marked which pavement there is a permanent or temporary sign warning persons not to drive over or across such (Prior Code, Sec. 19 -13) It is an offense for any person to travel or skate upon any sidewalk by means of any roller skates. It is unlawful for any person to travel or coast upon any sidewalk by means of any toy wagon, coaster, tricycles, velocipede, or other toy vehicle, when the same may endanger the life of any pedestrian or become an inconvenience to his free use of the sidewalk. (Prior Code, Sec. 19 -15) Any parent or guardian permitting any child under the age of twelve (12) years to play, run or loiter on the public streets and avenues, contrary to the ordinances of the city, shall be guilty of an offense. (Prior Code, Sec. 19 -16) SECTION 14 -117 CLEANING It is unlawful for any person to omit or refuse to clean off the sidewalk and gutter in front of the premises of such person or the alley in the rear of such premises, when notified to do so by the officers of the city. (Prior Code, Sec. 19 -17) SECTION 14 -118 TRASH Streets and Public Works It is unlawful for any person to deposit, throw, place, or scatter or cause to be placed, on any street, alley, sidewalk, gutter, or other public place, within the city, any filth, refuse, garbage, ashes, rubbish, grass, weeds, paper, or any animal or vegetable matter. (Prior Code, Sec. 19 -18) SECTION 14 -119 SNOW ON WALKS It is the duty of every owner of property in the city, within twenty-four (24) hours after any snowfall, sleet or ice storm, to clear the sidewalks abutting such property. The snow, ice, sleet, or other element of nature, shall be cleared from the sidewalk and piled along the outer edge, or removed entirely but in no case shall it be piled in the street or gutter. Piling of the snow, ice or sleet, if of a thickness of more than two (2) inches, is hereby declared to be unlawful. (Prior Code, Sec. 19 -19) SECTION 14 -120 STEAM ESCAPING It is an offense for any person to allow or permit water or steam to escape from any water main, service pipe or steam pipe or exhaust pipe into or upon any street, alley or sidewalk in the city. (Prior Code, Sec. 19 -20) O Section 14 -201 Excavations Section 14 -202 Open Grating Section 14 -203 Drainage Section 14 -204 Sidewalks Section 14 -205 Restoring Surface Section 14 -206 Supervision SECTION 14 -201 EXCAVATIONS SECTION 14 -202 OPEN GRATING SECTION 14 -203 DRAINAGE SECTION 14 -204 SIDEWALKS SECTION 14 -205 RESTORING SURFACE SECTION 14 -206 SUPERVISION Streets and Public Works CHAPTER 2 EXCAVATIONS It is unlawful for any person to make any excavation or cutting in any street, sidewalk, alley or public grounds, or to remove any earth or construction materials therefrom, except when so authorized to by the city. (Prior Code, Sec. 19 -21) It is unlawful and an offense for any person to permit to be open or leave open, any cellar door, manhole, or grating of any kind, in or upon any street, sidewalk or alley of the city. (Prior Code, Sec. 19- 22) No person shall permit any water, slops or other liquids, to drain into any street or alley, or onto any sidewalk within the city. The natural drainage of rainwater shall not be prohibited by the provisions of this section when the same is from natural elevations, in reasonable quantities, as would naturally occur, and which do not carry filth or other accumulations from off the private property into or onto the streets or alleys. (Prior Code, Sec. 19 -23) If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. (Prior Code, Sec. 19 -24) A. Any person, firm, or corporation making any excavation or tunnel in or under any public street, alley, or other public place in the city shall restore the surface to its original condition. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. B. Any opening in a paved or improved portion of a street shall be repaired and the surface re- laid by the applicant, in compliance with the ordinances of the city and under the supervision of the public works department. (Prior Code, Sec. 19 -25) The city manager shall from time to time inspect or cause to be inspected, all excavations and tunnels being made in or under any public street, alley, or other public place in the city to see to the enforcement of the provisions of this chapter. Notice shall be given to him at least ten (10) hours before the work of refilling any such tunnel or excavation commences. (Prior Code, Sec. 19 -26) Page 14 -9 0 Section 14 -301 Section 14 -302 Section 14 -303 Section 14 -304 Section 14 -305 SECTION 14 -301 (Prior Code, Sec. 19 -28) Streets and Public Works CHAPTER 3 SPECIFICATIONS FOR SIDEWALKS, DRIVEWAYS, CURBS City Council to Prescribe Specifications Specifications to be Filed With City Clerk. Specifications to be Applicable to Letting of Contracts City Clerk to Notify Owner of Resolution Unlawful to Enter Property Other Than at Curb Cuts CITY COUNCIL TO PRESCRIBE SPECIFICATIONS The city council of the city, shall, by resolution, have the power and authority to prescribe specifications and make and adopt plans, charts, maps, diagrams, drawings and plats describing requirements for construction and/or use of sidewalk areas, driveway sections and curb cuts, and to name the areas or streets to be subject to such requirements, and the places where curb cuts are to be made and the premises or property affected thereby. (Prior Code, Sec. 19 -27) SECTION 14 -302 SPECIFICATIONS TO BE FILED WITH CITY CLERK All specifications, maps, plans, charts, diagrams, drawings and plats shall be in chart, drawing, or written form, to be adopted by the city council. Upon adoption, a complete copy of same, bearing: 1. The number of the resolution; 2. The words "Sidewalk, Driveway and Curb Cut Requirements "; 3. A number indicating the exhibit so adopted and the date of adoption; and 4. The signature of the mayor and attested by the city clerk, who shall attach the city seal thereto, which shall be filed for the purpose of public inspection with the city clerk of the city. SECTION 14 -303 SPECIFICATIONS TO BE APPLICABLE TO LETTING OF CONTRACTS Specifications and exhibits adopted as provided by Section 14 -302 of this code shall be applicable to the letting of all contracts for the construction of sidewalks, curbing and driveway entrances, and shall be so specified in such contracts; provided, that the city council shall have the authority to at any time, by a majority vote, repeal or alter any resolution made pursuant to this chapter. (Prior Code, Sec. 19 -29) SECTION 14 -304 CITY CLERK TO NOTIFY OWNER OF RESOLUTION Whenever a resolution has been adopted establishing the location of curb cuts and driveways, the city clerk shall notify the owner or person in charge of the real estate or premises affected thereby, by registered mail of the application of such resolution, and describing the width of the driveway or curb cut permitted. (Prior Code, Sec. 19 -30) Page 14 -11 Streets and Public Works SECTION 14 -305 UNLAWFUL TO ENTER PROPERTY OTHER THAN AT CURB CUTS Wherever curb cuts have been established, the owner or person in charge of the land or premises affected thereby shall be confined to the use thereof for the passage of vehicles driving into or departing from the premises, and except in cases of emergency, it is unlawful to drive or suffer to be driven to enter upon or depart from such premises, except by way of such established curb cuts and within the width and at the place where such plan or diagram adopted and prescribed shall provide. (Prior Code, Sec. 19 -31) • 0 RULES AND REGULATIONS FOR THE CONSTRUCTION OF STREETS AND SIDEWALKS Section 14 -401 Section 14 -402 Section 14 -403 Section 14 -404 Section 14 -405 Section 14 -406 Section 14 -407 Section 14 -408 Section 14 -409 Section 14 -410 SECTION 14 -401 SHORT TITLE Streets and Public Works CHAPTER 4 Short Title Administration of Code Building Permit Required Contents of Application Requirements Not to be Used to Deprive Persons of Right of Ingress or Egress Allocation of Costs for Improvements Abutting Property to Comply With Provisions Structures Prohibited on Streets Removal of Prohibited Structures City May Regulate Construction of Culverts, Driveways, Mailboxes This chapter shall be designated as the "Street and Sidewalk Code" of the City of Owasso, Oklahoma. (Prior Code, Sec. 19 -37) Cross Reference: See also Street Design, Sections 14 -701 et seq. of this code; city subdivision regulations Section 12 -301 of this code. SECTION 14 -402 ADMINISTRATION OF CODE The provisions of this code shall be administered by the city manager and building inspector, or any other duly appointed official of the city, with the advice and assistance of the city engineer. (Prior Code, Sec. 19 -38) SECTION 14 -403 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. (Prior Code, Sec. 19 -39) Cross Reference: Building permits generally, Section 5 -107 of this code. SECTION 14 -404 CONTENTS OF APPLICATION The applicant for a permit as required herein shall furnish the city manager or the building inspector with the following information at the time a request for a permit is made: 1. Detailed plans of the proposed construction or change in roadway surface; and 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 which connects with or affects a state or federal highway. (Prior Code, Sec. 19 -40) Streets and Public Works SECTION 14 -405 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 roadways located within, or connecting with public streets and highways, are of such design that they will not create undue congestion, dangers or traffic hazards on or adjacent to the public streets. (Prior Code, Sec. 19-41) SECTION 14 -406 ALLOCATION OF COSTS FOR IMPROVEMENTS It is 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. When 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. (Prior Code, Sec. 19 -42) SECTION 14 -407 ABUTTING PROPERTY TO COMPLY WITH PROVISIONS All property abutting major or minor streets in the city shall comply with the provisions contained in this transportation plan, and no subdivisions of land including lot splits, expansion or change of use of land or buildings shall be permitted until the terms hereof have been complied with, except as provided herein. (Prior Code, Sec. 19- 43) SECTION 14-408 STRUCTURES PROHIBITED ON STREETS It is unlawful for any person to construct, maintain 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. (Prior Code, Sec. 19 -44) SECTION 14 -409 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. 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. In the event the owner or occupant fails to remove 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 necessary to accomplish such removal. (Prior Code, Sec. 19 -45) 0 Streets and Public Works SECTION 14-410 CITY MAY REGULATE CONSTRUCTION OF CULVERTS, DRIVEWAYS, MAILBOXES The city shall have the right to regulate the installation of culverts, driveways, or mailboxes that may be constructed 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 traveling public, or interfere with the proper drainage or maintenance of the street or highway. (Prior Code, Sec. 19 -46) 0 Section 14 -501 Section 14 -502 Section 14 -503 Section 14 -504 Section 14 -505 Streets and Public Works CHAPTER 5 STREET NAME CHANGES East and West Streets South of Broadway East and West Streets North of Broadway Streets South of Broadway to be Avenues North and South Streets West of Main Street North and South Streets East of Main Street SECTION 14 -501 EAST AND WEST STREETS SOUTH OF BROADWAY The present street of Broadway, which runs east and west, shall remain as is, and the present street of Main Street, which runs north and south, shall remain as is. All public streets south of Broadway running east and west shall be numbered as avenues, starting at the first public street as First Avenue, the second as Second Avenue, and so on as far as the city shall expand to the south. (Prior Code, Sec. 19 -32) SECTION 14 -502 EAST AND WEST STREETS NORTH OF BROADWAY All public streets north of Broadway, running east and west, shall be numbered as streets, starting with the first public street as First Street, the second as Second Street, and so on as far as the city shall expand to the north, except as otherwise provided by the city council. (Prior Code, Sec. 19 -33) Ed. Note: Ram Boulevard is designated as portion of 86th Street. SECTION 14 -503 STREETS SOUTH OF BROADWAY TO BE AVENUES All of the streets and avenues south of Broadway shall be numbered as avenues, and all streets and avenues north of Broadway shall be numbered as streets. (Prior Code, Sec. 19 -34) SECTION 14 -504 NORTH AND SOUTH STREETS WEST OF MAIN STREET All streets and avenues west of Main Street running north and south shall be called by the names of cities in alphabetical order; that is, the first street west of Main shall be Atlanta Street, the second Beaumont Street, the third Carlsbad Street, the fourth Dennison Street, and so on. (Prior Code, Sec. 19- 35) SECTION 14 -505 NORTH AND SOUTH STREETS EAST OF MAIN STREET All streets running north and south, east of Main Street shall be called by the names of trees in alphabetical order; that is, Birch Street, Cedar Street, Dogwood Street, Elm Street, and so on. (Prior Code, Sec. 19 -36) 0 Section 14 -601 Section 14 -602 Section 14 -603 Section 14 -604 Section 14 -605 Section 14 -606 Section 14 -607 Section 14 -608 Section 14 -609 Section 14 -610 Section 14 -611 Section 14 -612 Section 14 -613 Streets and Public Works CHAPTER 6 WORK AFFECTING STREETS Applicability of Subdivision Regulations Permits Required; Fee; Display When Multiple Permits Required Bonds Required Applicability of Bond Requirement to Utilities Preparation for; Approval of Proposed Construction Option of Private Owner to Engage Engineer Manner of Making Cuts Altering, Constructing Driveways Work on Driveways by Property Owners Removal of Safety Precautions Protection of New Pavement Replacing Manhole Cover Required SECTION 14 -601 APPLICABILITY OF SUBDIVISION REGULATIONS In the event of conflict between this chapter and any subdivision regulations of the city, the subdivision regulations shall apply. (Prior Code, Sec. 19 -47) SECTION 14 -602 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 pavement or curb, or make any excavation within any public way without first securing from the city clerk a permit therefore, and paying to the city clerk a fee as set by the city council therefore, together with any other fees hereinafter required for the particular work involved. No permit shall be issued except to a person authorized under this chapter to perform the work involved. The permit shall be in evidence on the job at all times until the work is completed. (Prior Code, Sec. 19 -48) SECTION 14 -603 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. (Prior Code, Sec. 19 -49) SECTION 14 -604 BONDS REQUIRED The permit provided for by this chapter shall not be issued by the city clerk until the applicant has filed with the city a bond in the sum of Five Hundred Dollars ($500.00), executed by a surety company authorized to transact business in the state to be approved by the city council. The conditions of the bond shall be that: 1. The principal shall pay promptly all charges or fees imposed by this chapter; 2. 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; and 3. 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 Page 14 -19 Streets and Public Works 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 to erect and maintain proper safety devices, crossing signals or barricades about such work while same is in process. (Prior Code, Sec. 19 -50) SECTION 14 -605 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. (Prior Code, Sec. 19 -51) SECTION 14 -606 PREPARATION FOR; APPROVAL OF PROPOSED CONSTRUCTION A. 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. B. The city engineer is hereby authorized and required to collect a fee for services rendered on all public improvements 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 specifications, 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. C. On all contracts for paving, whether for assessment paving or otherwise, the fee for engineering and inspection work shall be the maximum fee allowed by statute dealing with assessment paving. D. 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 for services. E. The terms of these Subsections B through D shall not apply to any contract for the construction of public improvements, the cost of which is to be borne entirely by the city. (Prior Code, Sec. 19 -52) SECTION 14 -607 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 constructing storm or sanitary sewers at his expense may, at his option, engage a registered professional engineer to prepare plans and specifications. The following requirements apply: 1. Plans and specifications shall conform to the city's standard specifications for street construction. Whenever the city's standard specifications are silent the requirements of the standard specifications of the state transportation department shall apply; co 0 Streets and Public Works 2. The plans and specifications shall be first checked and approved by the city engineer; 3. 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 ". The 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 performed 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 engineer. 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 construction until the construction, including all materials used, shall meet and comply with city specifications; and 8. A fee for general observation and inspection shall 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. (Prior Code, Sec. 19 -53) SECTION 14 -608 MANNER OF MAKING CUTS All cuts of city street paving shall be made in accordance with the provisions of the city's standard specifications for street construction and the requirements of the city engineer. (Prior Code, Sec. 19 -54) SECTION 14 -609 ALTERING, CONSTRUCTING DRIVEWAYS 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 requirements of the city's standard specifications for street construction and the city engineer. (Prior Code, Sec. 19 -55) SECTION 14 -610 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 specifications and provisions herein contained. The bond requirements provided for herein shall not apply to the residential property owner. (Prior Code, Sec. 19 -56) Streets and Public Works SECTION 14 -611 REMOVAL OF SAFETY PRECAUTIONS It is unlawful for any person to remove or destroy any barrier or danger signal placed or erected under the provisions of this chapter, unless such act is done at the direction of the person in charge of such work or the city engineer. (Prior Code, Sec. 19 -57) SECTION 14 -612 PROTECTION OF NEW PAVEMENT It is the duty of any person constructing a sidewalk, 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 is 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 is 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. (Prior Code, Sec. 19- 58) SECTION 14 -613 REPLACING MANHOLE COVER REQUIRED It is unlawful for any person to leave any manhole without replacing the fixtures and the cover properly. (Prior Code, Sec. 19 -59) 0 0 0 SECTION 14 -701 DESIGN STANDARDS Streets and Public Works CHAPTER 7 STREET DESIGN Section 14 -701 Design Standards Section 14 -702 Right -of -Way Dedication Required Section 14 -703 Sidewalks Required Section 14 -704 Setback Requirements; Location of Structures Within Setback Lines; Design Standards Section 14 -705 Appeals of Setback Requirements to the Board of Zoning Adjustment; Granting of Variance Section 14 -706 Penalty The design of streets shall conform to the requirements of the city's standard specifications for street construction. The city council shall adopt standard specifications for street construction by resolution. Copies thereof shall be made available 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. (Prior Code, Sec. 19 -60) Cross Reference: Subdivision regulations, see Section 12 -301 of this code; street construction code, Sections 14 -401 et seq. of this code. SECTION 14 -702 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 (' /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 standpoint for the other half of the right -of -way to be dedicated from adjacent property. Classification of Facility Private Dedication of Right -of -Way Required (Minimum) Freeway None (Public responsible); Primary Arterial 120 feet; Secondary Arterial 100 feet; Industrial, Commercial 80 feet; Residential, Collector 60 feet; Residential, Minor 50 feet. (Prior Code, Sec. 19 -61) SECTION 14 -703 SIDEWALKS REQUIRED Streets and Public Works Sidewalks shall be installed along both sides of all streets in all zoning categories except industrial. Sidewalks shall have a minimum width of four (4) feet in residential areas and of eight (8) feet in office and commercial areas. The sidewalks, when constructed, should be located with the outside edge of the sidewalk being one foot from the property or right -of -way line, unless due to certain or unusual circumstances the city engineer approves a different location. (Prior Code, Sec. 19 -62) SECTION 14 -704 SETBACK REQUIREMENTS; LOCATION OF STRUCTURES WITHIN SETBACK LINES; 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 accordance with the city's standard specification for street construction which shall be established by the city engineer with the approval of the city council. (Prior Code, Sec. 19 -63) SECTION 14 -705 APPEALS OF SETBACK REQUIREMENTS TO THE BOARD OF ZONING ADJUSTMENT; GRANTING OF VARIANCE The board of adjustment as established by the zoning ordinance of the city shall have the power to grant variances from the following: 1. Setback regulations; 2. Requirements that all parking areas and circulation drives shall be located off of the street right -of -way. However, the paving requirements for parking and circulation may not be modified by the board of adjustment; and 3. 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 privilege; provided, however, that any variation shall be consistent with and carry out the intended purpose and spirit of these regulations. (Prior Code, Sec. 19 -64) Cross Reference: See Zoning Ordinance, Section 12 -201 of this code. SECTION 14 -706 PENALTY Any person who shall violate any of the provisions of this chapter or shall fail to comply therewith or with any of the 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 as provided in Section 1 -108 of this code. Each day's violation thereof shall constitute a separate offense. The owner of any building or premises or part thereof where anything in violation of this chapter 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. (Prior Code, Sec. 19 -65) Section 14 -801 Penalty SECTION 14 -801 PENALTY Streets and Public Works CHAPTER 8 PENALTY Any person, firm, or corporation who violates any provision of this part shall be guilty of a misdemeanor, and upon conviction, shall be fined as provided in Section 1 -108 of this code, including costs. Each day upon which a violation continues shall be deemed a separate offense. (Prior Code, Sec. 19 -66)