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HomeMy Public PortalAboutORD07438 BILL NO. INTRODUCED BY COUNCILMAN: , l 4 A. C v x a N ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI RELATING TO DRIVEWAYS AND CURB CUTS WITHIN THE CITY, AND PR6VIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 26.660. Title. Sections 26.660 through 26.780 shall be cited and known as the "Driveway and Curb Cut Code of the City of Jefferson, Missouri". Section 26.670. Definitions. As used in Sections 26.660 through 26.780, the fol owing owow rocs, terms and phrases shall have the following meaning: (a) City. - The City of Jefferson, Missouri;, a municipal corporation which, territorially, shallinclude all territory within the corporate limits of the city as such limits now exist or may, from time to time, be extended or retracted. (b) Driveway. - The surface area extending from the roadway surface across all, or any portion of, the adjacent right of way. (c) Engineer. - The engineer of the city or his authorized representative. (d) Frontage. - That portion of the right of way lying between lines drawn perpendicular from the centerline of the roadway to the nearest exterior corners of the adjacent lot,- tract or parcel of land. (e) Person. - Any person, firm, association, partner- ship, corporation, or the managing officer or agent thereof. (f) Plans. - The standard driveway plans, marked Appendix "C", attached to and expressly incorporated by reference into the provisions of Sections 26,.660 .through 26.780. (g) Right of way. - All land within the city dedicated or conveyed to the city for public use, or used by the public, for streets, alleys, avenues, drives, boulevards or other public ways. (h) Roadway. - Any street, alley, avenue, drive or boulevard or other public way within the city. (i) Specifications. - The standard driveway speci- fications, marked Appendix "B", attached to and expressly incorporated by reference into the provisions of Sections 26.660 through 26.780. Section 26.680. Permit required. 1. Subject to the provisions of subsection 2 of this section, a person shall not construct, alter or relocate a driveway, and/or cut and remove any curb within any right of way without first filing an application with, and securing a permit from, the engineer. 2. A permit shall not be required for a driveway 1. M when the curb is fashioned for a driveway entrance and the driveway apron is constructed at the time the roadway is constructed. Section 26.690. Application 4 form, t execution, effect._ 1. The form of the applicatiion shall o nc ae with orm marked Appendix "A", attached at the end of, and expressly incor- porated by reference within, the provisions of Section 26 .660 through 26.780. 2. The original and two copies of the application shall be executed. The original application shall be signed by the owners of the land described therein and their signatures shall be acknowledged in the same manner as is required by law for instruments conveying title to real estate. If the applicant is not the owner of the land described in the application, the original application shall bear the signature of the applicant and the signature shall be acknowledged in the same manner. 3 . The executed application shall constitute an agreement between persons whose signatures appear thereon and the city that such persons shall be obligated to, and will, perform all covenants, on their part or the part of their heirs, grantees, assigns, personal representatives or successors, to be performed. Section 26.700. Permit; cost issuance. 1. The applicant shall present to the city collector the application in triplicate, a $10.00 permit fee, and a certified check for $100.00 payable to the city. The collector shall endorse his receipt of the permit fee and certified check on the original and both copies of the application, retain one copy thereof, and return the original and the other copy to the applicant. 2. Upon presentation of the original and one copy of the application bearing the receipt of the collector, the engineer shall keep the original, attach the permit to the copy of the application, and deliver same to the applicant. Section 26.710. Permit a lication• recordation and filin . The engineer shall,-record, at the expense of the city, eac original application for a permit to construct, alter or relocate a driveway and/or to cut and remove any curb in the office of the Recorder of Deeds, Cole County, Missouri, and keep an accurate and complete record of all permits issued, indexed by street location. Section 26.720. Standards of work; performance. 1. The standards of work for the construction, alteration or relocation of the driveway, and/or the cut and removal of any curb in any right of way are established as those appearing in the plans and specifications attached to and forming a part of Sections 26.660 through 26.780. 2. Every person doing any work involving the con- struction, alteration or relocation of any driveway, and/or the cut and removal of any curb within any right of way, pursuant to a permit of the city, shall perform the work in strict accordance with the established standards. Section 26.730. Ins ction• cruarantee monies. 1. The engineer shall inspect the work described in e application on the expiration date of the permit. If the work has been completed and meets the established standards and the adjacent roadway is in as good condition as existed before the work started, the engineer shall endorse his approval of the work on the permit; otherwise he shall note his disapproval of the work on the original of the application. 2. r 1 2. Upon delivery of the permit, bearing the engineer's endorsement of approval, to the city collector, the $100.00 certified check shall be returned to applicant. 3. If the work is disapproved by the engineer, the certified check shall be retained by the city, and the proceeds thereof shall be used, as necessary, to complete or correct the work described in the application and/or to restore the adjacent roadway to its proper condition. Section 26.740. Replacement of curb. Upon a determination by the engineer that any r veway, constructed, altered or relocated pursuant to a permit issued by the city, is no longer necessary or used for the purpose mentioned in the application, the engineer shall .give written notice to the owner of the premises adjacent to the frontage upon which the driveway is located, to replace the curb across the entrance of the drive- way within thirty days from receipt of the notice, and the owner shall replace the curb as directed in the notice. Section 26.750. Widths of driveways. A driveway constructed,altered or relocated to serve residential property shall not exceed sixteen (16) feet in width, and a driveway constructed, altered or relocated to serve non-residential (commercial, business or industrial) property shall not exceed thirty (30) feet in width unless the city council, through the city clerk, authorizes in writing the construction of a driveway at a greater width. Section 26.760. Penalty. Any person violating any of the provisions of Sections Z6.660 through 26.750 shall be deemed guilty of a 'misdemeanor, and upon conviction thereof, shall be fined not -less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00) for each violation. Section 26.770. Repeal clause. Ordinance Number 6168 of the City of Jefferson, Missouri, FeTng Sections 804-820 of the Revised Ordinances -of the City of Jefferson, Missouri, 1956, be, and the same is hereby repealed. Section 26.780. Effective date. Sections 26.660 through 26.650, and the Appendixes t ere o, shall be in force and ® effect upon the expiration of thirty days upon their passage and approval. Passed: e�.Z Approved Le.-W4.1, .-z-. ,,2 L 'President no ounc �r yor Attest: er 3. APPENDIX "All APPLICATION FOR DRIVEWAY PERMIT AND CURB CUT CITY OF JEFFERSON, MISSOURI White Copy --- to engineer Permit Fee. Yellow Copy --- to collector Pink Copy --- to applicant Permit No. Residential Non-residential Name of property owner s Date Date Permit Issued: Address of property owner s Date Permit Expires: Name of Applicant s Name of contractor Address of Applicant s Address of Contractor The above named owner (s) , . and the above named applicant (s) , if not the owner (s) , hereby apply for a permit from the City of Jefferson, Missouri, to cut and remove the curb within city right of way to construct, alter, relocate driveway (s) on the number residential, non-residential side of to serve the direction name of roadway description of located at the exact legal structure exact roadway address description of such property, being: The work to be done on city right of way pursuant to the permit is described as follows: A certified check for $100.00 is attached to this appli- cation. If the applicant ( s) fail (s) to complete the above described work on or before the date of expiration of any permit issued pursuant to this application, or fails to do the work in strict accordance with the standard driveway plans and speficiations, incorporated by reference into • Sections 26.660 through 26,780 of the ordinances of the city, or fails to restore the above named roadway to the condition existing at the time the work is commenced, the City of Jefferson, . Missouri, is hereby authorized to cash the check and retain the proceeds thereof; otherwise, the certified check shall be returned to the applicant (s) . Owner covenants and agrees as follows: 1. Upon determination by the city engineer, at any time , that the driveway is unnecessary or does not serve the purpose for which the driveway was constructed, the curb, to be cut and removed by permit issued pursuant to this application, shall be replaced by and at the expense of the then existing owner of the premises described above within 30 days from the date that notice to replace is received by the then existing owner, lessee or possessor of the premises. 2. If the curb is not replaced in the manner and under the conditions provided in the preceding covenant, the curb may be replaced by the City of Jefferson, Missouri, its employees or contractors, at the expense of the then existing owner of the premises described above at the time of replacement. 3. That these covenants and agreements of the owner (s) shall bind the owner (s) , their heirs, personal, ® representatives, grantees, successors and assigns . Executed this day of , 19_. ( (Signed) Individual (Owners) Corporation (Name of corporation) (Owner) (By) Name & Title of Officer �pttest: Secretary Signatures of the Applicant (s) , if dppl icant (s):pare not the owner (s) , are to be affixed here: ( (Signed) Individual (s) ( Corporation (Name of corporation) (By) Name and Title of Officer Attest: Secretary APPENDIX "B" STANDARD DRIVEWAY SPECIFICATIONS The following specifications are established for the construction, alteration or relocation of driveways: 1 . No driveway shall be constructed, altered or relocated unless the use thereof affords entry upon and egress from private property. 2 . No part of a driveway shall be constructed, altered, relocated or maintained outside of the frontage of the property served by the driveway. 3. No portion of a driveway shall be located within three (3) feet of any pedestrian crosswalk. 4. No driveway apron shall extend past the face of the curb and into the gutter portion of any roadway. 5. Driveways for residential property shall not exceed sixteen (16) feet in width when measured parallel to the centerline of the roadway at a distance ©f� fUfteen (15) feet from the edge of the surface of an unimproved roadway, or when measured from the inside edge of the sidewalk line of an improved roadway. 6. Driveways for non-residential ( commercial, business or industrial ) property shall not exceed thirty (30) feet in width when measured parallel to the centerline of the roadway at a distance of fifteen (15) feet from the edge of the surface of an unimproved roadway or when measured from the inside edge of the sidewalk line of an improved roadway, unless the city council, through its city clerk, gives written authorization for the construction of a driveway at a greater width. 7. •A non-residential driveway shall notbe constructed, altered, relocated or maintained closer to either of the lines demarking the outer limits of the frontage upon which the driveway ielocated than is shown on the standard driveway plans. The space between a non-residential driveway and any Awk of such lines shall be a restricted area. When there is more than one non-residential driveway within the same frontage, the space between such driveways shall be a -restricted area. The width of any restricted area between non-residential driveways shall not be less than 15 feet or not less than is shown on schedule one of the standard driveway plans, whichever is the greater. The width of any restricted area shall be measured parallel to the centerline of the roadway at a distance of 15 feet from the nearest edge of the street surface. All restricted areas shall be protected from use by vehicle traffic- and parking by suitable barriers described in the application, and they shall be seeded and maintained with grass or, low growing shrubbery not exceeding twelve inches in height. 8 . On closed ditch sections, a concrete curb, not less than six inches in height, shall be built around restricted areas as shown on the standard driveway plans, and the area within the curb shall be filled with earth to a level four inches higher than the top of the curb. The curb line nearest to the roadway shall be ten feet from the edge of the surface of the pavement. On open ditch sections, a concrete curb, not less than six inches in height , shall be built around restricted areas as shown on the standard driveway plans. The curb line nearest to the roadway shall be ten feet from the edge of the surface of the pavement . 9 . At the intersection of two main roadways, where added sight distance is required for the safety of vehicular traffic , a driveway shall not be constructed within any "restricted area" shown on the standard driveway plan. At the intersection of- other roadways, where additional sight distance is not required, a driveway shall not be located closer to the intersection than is shown on the standard drive- way plan; provided however, the engineer may increase this minimum distance if, in his judgment, such action is necessary to provide safety for vehicular traffic. 10. The dimensions of all driveways, including the radii and restricted area, shall be within the limits shown on the standard driveway plans. 11. Gasoline pump islands and other servicing facilities shall be located at least ten feet from the right of way line and on private property. 32. The profile grade of driveways and the flow line of driveway culvert pipes in "open ditch sections" shall conform to sketch number three (3) of the standard driveway plans. The profile grade of driveways in "no ditch sections" shall conform to the detailed instructions attached to the application. 13. Flood light standards may be erected within restricted areas shown on the standard driveway plans if they do not constitute a hazard to the traveling public by creating a- glare or by obstructing- sight distance at an intersection, if their locations are otherwise authorized by ordinance and approved by the engineer. 14. Advertising signs or display materials of an advertising nature shall not be placed within any restricted area, or within any roadway right of way, except as authorrized ® by the ordinances of the city. 15. Every driveway shall be surfaced with either concrete, bituminous material , -crushed stone, gravel, or such other materials as may be specified in the application for a permit and approved by the engineer, except that surfacing may be omitted on driveways designated as field entrances on the application. A driveway shall not be surfaced until the grading work has been inspected and approved by the engineer. A driveway shall not be considered completed until surfaced with the materials specified in the application. • • v r1woo7o .0,9lVfM,4 Y PLAY L), pixm J C. e C. MIA"-4, M,4,y H/, , 01 .0#0.01,qry LINE e 194 1AT.MMerliON AREA VR M IN. 00,414A, a.C. e m Wf,-rrr(X7NZ7 CVRO OR eY04&DeV 454;;Y?r,a4&e'AV. I MM C/ oMqlA6W RIL p JeMeM 'AylorW o1w.0091i'llf"14Y-1 IN-0 I VR1"H,4)-W rfr5mlerg 4,qf,,f irmeny HAOM of MIN HID rH or 6OR1101fty4y A'ff-WroV1Cr4r%P.4Rf,4 J7R1VZH4Y Lector fffreffN"IprtvY-q #IoHr 'q'rCO,VO ,W Alr NleveR oefcohovemw NOT •4 fe.5 THAN r0' z fJF5 ry-flv 131 L195 rylflv "00, O /S 50 clry 01" LIZff"CFONI 141135041RI /0 17 *37 lllr,fN.a4R-P zo *40 NOTE: Over 01 reQuitSk-ARICA&IRermission from (Ity Council. L.L7 ly--17ry 1Avr#vmm1w154e my coNrInve NOT,Pf,?hf1Sff184f m 4*0 AYIVrR M INCR441f AJ Tb 00 MOM ,vwopewn,rfomwol APPEND IX "C' X 140 t�• •ter: /:' ''t. r7.Q0 l, / Af" d f1l1rH,4Y fRONT'�D�P/VE/YiAY � COMMERC IAL V,7TA541J#AfrNTaR/YE/Y,4Y.fN.0 AMAIN? A�PPA CrKNLt.IR.D.DR/eMOO' CTANZZ4R.D X PIVf/YAY PLAN 15 PLAN d C, G o ck 2 Z v Q t' O Q b W6 70 4lffT EX/JT/N�CURB OR 9HOUL DER A,A7Pf,PTY L/NEs° Z� C'MWO MC/AL f-5r.4 LOHMENT 1NTfR3'L'C7*1ON ARCr1J r:ti:• ' PROPERTY L/NC N. �h;: i•::;; X.APO' / 7�r X.40' ,, �4r•••• .'1t:�'»{. ::is.;•. r� Z cxxxa-f= AeMfe,4 ' ALAN a,C. 4 JTA/Y,DA.PD ..'>.P/f�EiW�9Y�5 PLAY �- ,PEQI�'�PEI►>ENT�7' L.JHenz�-City Egyigeer- tee P cf • 9 IN NVI hI RZ Sk- 007. a � C/TY OF✓E�;F�,P50.9!,if,'SSOU�P/ �STi�!/Y0.9R.0 �D�Pli�Ef1'.9S�.S P,?oFiLE REpurREMC'NT�? Ciiy afJa fe�aa�, .�lliuovri: APPEND IX "C"