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Home My Public Portal AboutOrd 060 Sidewalk Const (Published in th~~ok1ER the8thday of JULY , 1983) THE CITY OF BEL AIRE, KANSAS ORDINANCE No. ~O (I AN ORDINANCE PERTAINING TO SIDEWALK CONSTUCTION AND CURB CUTS; PROVIDING DEFINTTIONS-; PROVIDING FOR UNLAWFUL ACTS; PROVIDING FOR LICENSE FEE; PROVIDING FOR QUALIFICATION OF APPLICANTS; PROVIDING FOR A PERMIT TO ENGAGE IN CONSTRUCTION; PROVIDING FOR CERTAIN REGULATIONS FOR DRIVE WAY APPROACHES AND SIDEWALKS; PROVIDING FOR INSPECTION AND PROVIDING PENALTIES FOR VIOLATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE: Section 1. DEFINITIONS Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this ordinance, have the meanings indicated in this section: (a) DRIVEWAY. A place of private property for the operation of automobiles and other vehicles. (b) DRIVEWAY APPROACH. An area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property. For clarification, a driveway approach must provide access to something definite on private property such as a parking area, a driveway, or a door at least seven feet wide, intended and used for the entrance of vehicles. (c) lying along or where no to and four OUTSIDE SIDEWALK LINE. A line parallel to the property line the edge of the sidewalk nearest the street roadway or curb; sidewalk exists, a line in the street right of way parallel feet from the line of the private property. (d) CORNER. The point of intersection of the lines of two street curb faces extended into the street intersection. (e) CURB PARKING SPACE. A length of curb equal to twenty feet where an automobile or other vehicle can park. (f) PARCEL OF LAND. A lot or tract of land officially registered under one ownership. (g) CURB RETURN. The portion of a curb next to a driveway approach which includes the radius of curvature, or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to the street curb. Section 2. CUTTING, BREAKING OR REMOVING OF CURB. It shall be unlawful for any person to cut, break out or remove any curb along a street or alley except as authorized by this Ordinance. Section 3. APPROACHES WHICH CAN BE USED ONLY AS PARKING SPACES OR AREAS. It shall be unlawful for any person to construct, alter or extend, or permit or cause to be constructed, altered or extended, any driveway approach which can be used only as a parking space or area between the curb and private property. Section 4. CONSTRUCTION All public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs and sidewalks constructed in the city shall be of concrete unless otherwise ordered by the City Council and shall be constructed according to specifications on file in the office of the City Clerk for the purpose of giving the city, through its proper officers, supervision over the construction of such public sidewalks, curbs, gutters and driveways cutting or passing over such curbs and sidewalks. Section 5. LICENSE ~QUIRED TO CONSTRUCT-FEE; TERM~ Every person, before constructing any public sidewalk, curb, gutter or driveway cutting through or passing over a sidewalk or curb, or before removing any curb or sidewalk for the purpose of constructing a private driveway in the city, shall be required to obtain a license from the City Clerk's Office for which a license fee of Ten Dollars ($10.00) shall be charged, authorizing the licensee to engage in such work for a period of three (3) months. The term of such license may be extended to a maximum of twelve months by the payment of Two Dollars and Fifty Cents ($2.50) for each additional month at the time of issuance of the license. SAME-QUALIFICATIONS OF APPLICANT TO BE SHOWN-BOND REQUIRED. (a) Before a license shall be granted by the City Clerk, under the provisions of this Ordinance, the person applying for the same shall show, subject to the rules and regulations to be furnished by the city engineer, that he is skilled in the art of laying public sidewalks, curbs and gutters and cutt~g through such curbs and sidewalks. (b) Before any cement contractors' license is issued, the applicant therefor shall have filed with the City Clerk a surety bond in the amount of Two Thousand Dollars ($2,000.00), which shall be approved as to form by the City Attorney. The condition of such bond shall be that the principal therein shall comply with all the ordinances of the City relating to and regulating the construction of all public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs or sidewalks, and hold and save the city harmless from any and all damage to persons or property resulting from or growing out of any opening or excavation made, material stored or placed upon any operation in any street, alley or public property, or from any other action by the principal herein. PERMIT REQUIRED TO ENGAGE IN CONSTRUCTION; FEE, ETC. Before any person shall engage in the construction of any public sidewalk, curb, gutter or private driveway across the parkings of the City, he shall first obtain a permit from the City Clerk's Office for which he shall pay the sum of Six Cents ($.06) per lineal foot with a minimum permit fee of Three Dollars ($3.00), for all curbs to be constructed; Three cents ($.03) per lineal foot with a minimum permit fee of Three Dollars ($3.00) for all gutters to be constructed; Fifteen cents ($.15) per lineal foot with a minimum permit fee of Three Dollars ($3.00), for all curbs and sidewalks to be removed for the purpose of widening an existing driveway; and Fifteen cents ($.15) per lineal foot, with a minimum permit fee of Three Dollars ($3.00), for the removal or replacement of existing driveways. Widening or replacement of existing drives shall be considered as a new driveway in assessing of fees. Such permit shall state the location of the sidewalk, curb, gutter or driveway to be constructed, widened, replaced or removed. Section 6. REFUSAL OF PERMITS FOR FAILURE TO OBEY RULES AND REGULATIONS. The City Clerk shall refuse permits to contractors who fail ot" refuse to obey all reasonable rules and regulations necessary in the enforcement of this Ordinance. Section 7. EFFECT OF GRANTING PERMIT. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of any violation of this Ordinance. Section 8. MAXIMUM WIDTH OF APPROACHES; EXCEPTION. No driveway approach shall exceed thirty feet in width as measured along the outside sidewalk line. Section 9. CURB-PARKING SPACES BETWEEN APPROACHES. Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least one curb-parking space between driveway approaches. Section 10. SIDES, EDGES OR CURBS TO BE AT RIGHT ANGLES TO A STREET CURB. The sides, edges or curbs,. of driveway approaches shall be at right angles to the street curb. -2- i&ection 11. MAXIMUM WIDTH OF CURB ClJ1I'. For the J1urpose of constructing a driveway approach, no curb cut, opening or section broken out or removed shall exceed fifty-two feet (52'). Section 12. DISTANCE BETWEEN DRIVEWAY APPROACH AND CORNER. No portion of a driveway approach, except the curb return, shall be constructed within eighteen feet (18') of a corner, and in no case closer than two feet (2') to the property line extended. Section 13. CURB RETURN RADIUS. The radius of curvature of the curb return shall not exceed the distance hetween the curb and the outside sidewalk line. Section 14. INTERFERENCE WITH STREET STRUCTURES-PROHIBITED. No driveway approach shall interfere with municipal facilities such as street- lighting poles, traffic-signal standards, signs, catch basins, hydrants, crosswalks, city utilities, utility poles, fire-alarm supports, underground pipes or ducts or other necessary street structures. Section 15. SAME-REMOVAL BY CITY; COST. The City Engineer is authorized to order and effect the removal or reconstruction of any driveway approach which now conflicts with street structures or city utilities or which will conflict with street structures in the future. The cost of removing or reconstructing or relocating such driveway approaches shl1 be at the expense of the abutting property 'owner. Section 16. LOCATION AND GRADE OF SIDEWALKS. All sidewalks shall be constructed at theloeation and grade established by the City Engineer. Section 17. INSPECTION OF WORK-NOTICE TO CITY CLERK; ACCEPTANCE OR REFUSAL. Every ~ooe~actClr', or other person constructing public sidewalks, curbs or gutters or private driveways shall notify the City Clerk or the Clerk's authorized agent when the work is ready for inspection so as to give the Clerk ample time to make the inspection before the concrete sets. If upon investigation and inspection by the City Clerk, or his agent, he finds that the public sidewalk, curb, gutter or driveway across the parking of the street is not according to the specifications provided for in the construction of such sidewalk, curb, gutter or driveway, he may refuse to accept and approve the work and require that any errors in the construction be corrected at once and before the acceptance of the work. Section 18. SAME-DUTY OF SIDEWALK INSPECTOR. For the purpose of making the inspection as provided for in this Ordinance, the sidewalk inspector designated by the City Clerk shall make the inspection of sidewalks, curbs and gutters and private driveways as provided for in this Ordinance, which inspection shall be made according to the rules and specifications furnished him by the City Engineer. Section 19. COOPERATION BETWEEN CITY CLERK AND CITY ENGINEER. Any p1ans:submitted to the City Clerk for approval which include or involve unusual driveway approaches or problems, shall be referred by the City Clerk to the City Engineer for his approval before a permit is issued. Sec tion 20. VARIANCES FROM STRillCT APPLICATION OF ORDINANCE. The City Engineer is hereby authorized to grant, in writing, variances from th strict application of the provisions of this ordinance; provided, that he first determines that the following conditions are present: (a) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation on the abutting property. (b) The exception or variance desired is not against the public interest, particularly safety, convenience and general welfare. (c) The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (d) The strict application of the terms of this ordinance will work unnecessary hardship on the property owner or tenant. -3- _._--~_.._---".~-'----'--~.,-_.~---------~- Section 21. APPEALS. Any decision by the City Engineer either granting or refusing to grant variances to the strict application of this Ordinance may be appealed in writing to the City Council by the party adversely affected, provided such appeal is filed in writing with the City Clerk within twenty (20) days after the issuance of the decisio~ or action complained of. Section 22. PENALTY. Any person found guilty of a violation of any section of this Ordinance shall be deemed guilty of a misdemeanor and may be fined in a sum not to exceed Two Hundred Fifty Dollars ($250.00). Section 23. This ordinance shall be in full force and effect upon its publication in the official city publication. Passed and Approved by the City Council this~~ day of ~~ ' 1983. t7 Approved by the Mayor this~day of fJu-!; , 1983. t/ ~/~d&<J ~ MAYOR OF THE CITY OF BEL AIRE, KANSAS ATTEST:~~ ~ &~ f).t;""aJ Ci ty erk ,,~3\\1.!:~~ '. .." H' ( / . ~" :':! \'~-i' ~'::.\ '; ",i '1_'::":;; -'-j"' I.t'-,-.r'1, ( -. ~=..., -~,:. ~~-,~\.' ..., <-<> n,_, -''-' '''''J) ~ ;.r;~~l~,,' t",~iC.;. .- ......-;) ':~j"",!,:! ~ .--'-;',. J n., j .-\ "'-."'.- r.' ~A\\''jr--I ~ -,:,,",c-.c i.i..C\f;'l I .j ,(, ;;;__0 r 'T-'/ J" '4-'. r""l""'rf fif "" ~'......... ,;., 5\1t',....~,,-__ ._.-....:,,?~~.'. PV.ZG,l<,\Y SIDEWALK SPECIFICATIONS CITY OF BEL AlRE, KANSAS Sidewalks on public right-of-way in the City of Bel Aire, Kansas, shall be con- structed to the following specifications except as otherwise approved by the Governing Body. Sidewalks shall be constructed from 3,000 psi compressive strength concrete at twenty-eight (28) days upon a uniform, compacted base. Sidewalks shall be four feet (4') wide and shall slope one-quarter inch (1/4") per foot from the prop- erty side to the street side. They shall be not less than than four inches (4") thick except at driveway approaches where they shall be not less than six inches (6") thick. The sidewalks shall abut the street right-of-way line on the front or side lot lines except as otherwise approved. Sidewalks shall have all sections marked lowing a light, broomed surface finish. marked every five (5) linear feet. and edged with the proper tool fol- The sidewalk shall be trowel-cut and There shall be one-half inch (1/2") thick approved expansion material between the sidewalk and driveways, driveway approaches, curb and gutter, or other abutting structures. Expansion material shall be installed across the sidewalk at spacings of 150 feet or less. Wherever sidewalks are constructed at inter- sections which have improved streets with vertical curbing, a wheelchair ramp shall be constructed in the sidewalk for each improved corner of the intersec- tion. Except where special circumstances warrant it, and with City Council approval, no less than one full block, between street intersections, of sidewalk will be constructed on any project. Detailed plans of all sidewalks to be constructed showing location, dimension and elevation must be submitted to the City for approval. Finished ground ele- vations on the street side of the sidewalk must slope away from the sidewalk to prevent ponding of water on the sidewalk. WHERE REQUIRED TAPER CURB RETURN FROM TOP OF CURB TO ZERO. -- -v ~ I 001 V EWAY I I W I ,- ~I lJ) I.tJ ii: ~ EXPANSION JOINT _ Z LO- .:::l: REMOVE CURB AND GUTTER STANDARD CURB CUT AND DRIVEWAY APPROACH TO USE WITH STANDARD (VERTICAL) CURB CITY OF BEL AIRE /PROPERTY LINE 6" THICK 3000 psi CONCRETE ~--- "" EXISTING CURB AND GUTTER ADOPTED THIs5"d DAY OF a ~l ,1983 ~~~ /1:<. ~ MAYOR .J6r 7 C:::~jJ-7C'TY CLERK WHERE REQUIRED TAPER CURB FROM TOP OF CURB TO GUTTER .. .'it I DRIVEWAY I I I ~ I W /PROPERTY LINE (/) ILl 0:: ~ EXPANSION JOINT - Z 10 - ~ REMOVE CURB AND GUTTER STANDARD CURB CUT AND DRIVEWAY APPROACH TO USE WITH ROLLED CURB CITY OF BEL AIRE 6" THICK 3000 psi CONCRETE ~EXISTING CURB AND GUTTER ADOPTED THIs..5"'P( DAY OF rJ~ ,I98Z / /' r~ 4) :K----d~ (~~ MAYOR ~/~ D~,?Lq, CITY CLERK