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HomeMy Public PortalAbout2019-05-09 packetNotice of Meeting & Tentative Agenda City of Jefferson Public Works & Planning Committee Thursday, May 9, 2019 7:30 a.m. John G. Christy Municipal Building, 320 East McCarty Street Boone/Bancroft Room (Upper Level) TENTATIVE AGENDA 1) Introductions 2) Approval of the April 11, 2019 and the April 15, 2019 Committee meeting minutes 3) New Business 1. Modifications of Chapter 32 for Complete Streets and related Changes, Modifications to Chapter 33, and Standard Drawings Update (David Bange) 2. Bank Erosion on the East Branch of Wears Creek along Highway 50 (Matt Morasch) 3. Cole County Courthouse Landscaping Plan (David Bange) 4. Plan to Overlay Country Club Drive (David Bange) 4) Other Topics 1. Approval of Committee Meeting Schedule 5) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works Issues 6) Adjourn NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act Please allow three business days to process the request Please call (573) 634-6410 with questions regarding agenda items MINUTES JEFFERSON CITY PUBLIC WORKS AND PLANNING COMMITTEE Council Chambers John G. Christy Municipal Building 320 East McCarty Street April 11, 2019 Committee Members Present: Attendance Ken Hussey 10 of 12 Ron Fitzwater 11 of 12 David Kemna 11 of 12 Mark Schreiber 12 of 12 Laura Ward 10 of 11 Staff Present: Matt Morasch, Director of Public Works Britt Smith, Operations Division Director David Bange, City Engineer Don Fontana, Stormwater Engineer Mark Mehmert, Transit Division Director Sonny Sanders, Director of Planning and Protective Services Larry Burkhardt, Building Official Ryan Moehlman, City Counselor Steve Crowell, City Administrator Brenda Wunderlich, Administrative Supervisor Vice Chairman Fitzwater called the meeting to order at 7:30 a.m. A quorum was present at this time. The following guests were present: Roger Whittler, 614 Hobbs Road; Jim Rathert, 610 Hobbs Road; Mayor Carrie Tergin; and Nicole Roberts, News Tribune. 1. Introductions Introductions were made at this time. 2. Approval of the March 14, 2019 Committee meeting minutes Councilwoman Ward moved and Councilman Schreiber seconded to approve the March 14, 2019 minutes, motion carried. 3. New Business 1. Salute to Veterans Airshow Update Discussion (Britt Smith) Mr. Smith stated the Salute to Veterans Airshow will be held May 25 & 26 from 9:00 a.m. to 4:00 p.m. at the Jefferson City Memorial Airport. Transportation to the airshow will be provided by JeffTran from the State of Missouri parking lots. There will be a parade Downtown on Memorial Day, May 27. 2. Street Resurfacing Update Discussion (Britt Smith) Mr. Smith explained Missouri American Water Company will be working on West Main Street so it was removed from the list and replaced with Country Club Drive and East Miller Street. Minutes/Jefferson Ctty Public Works and Ptartning Committee April 11, 2019 3. City/County Agreement for the Morris Packaging Railroad Spur (David Bange) Mr. Bange updated the Committee on the agreement and modifications for the rail spur to meet the requirements of Union Pacific Railroad. A resolution concurring with the County on the selected contractor will be appearing on the April 15th Council agenda. 4. Proposed Ordinance Modifications for Electrical and Plumbing Licensing (Larry Burkhardt) Mr. Burkhardt explained the modifications and stated they had been approved by both the Electrical and Plumbing Boards. The modifications were mailed to stakeholders and have only received positive comments. Councilman Fitzwater moved and Councilwoman Ward seconded to refer the amendments to the City Council with recommendation to approve, motion carried. 5. Fiber Optic Work in Right -of -Way Discussion (Britt Smith) 2 Mr. Smith wanted to make the Committee aware of numerous fiber optic installations happening within the City. Some property owners may not be pleased with having the City right-of- way torn up and possibly not restoring it as it was. There was discussion among Committee members and staff regarding the installation process being located within the City right-of-way, temporary landscape, and inspections of work. Mr. Smith stated John Moore is our Street Inspector and works with the fiber installers to insure the work is done correctly. 4. Other Topics • Hobbs Road drainage issue Mr. Smith displayed the area of Hobbs Road having the drainage issues. There was discussion among Committee members, staff, and those present regarding the drainage and safety issues. Mr. Morasch stated he would like the opportunity to review the situation and work with the property owners to address the issues. • Councilman Schreiber wished to thank the Street Department for taking care of the paper mess on Brooks Drive and Industrial. 5. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works Issues There were no citizens present to address the Committee. 6. Adjourn Councilman Fitzwater moved and Councilwoman Ward seconded to adjourn the meeting at 8:18 a.m., motion carried. Minutes of Meeting Jefferson City Council Committee on Public Works & Planning Monday, April 15, 2019 Item 20 on the Second Regular Council Meeting Agenda (New City Council) 6:00 PM City Council Meeting City Hall - 320 E. McCarty Street City Council Chambers The meeting was convened at 7:53 P.M. by the current Chair of the Committee, Councilman Hussey for the purpose of election of officers. Members of the Committee were noted present by roll call: Present: Fitzwater, Hussey, Kemna, Schreiber, and Ward Absent: None Councilman Hussey opened the floor for nominations of Chair and Vice -Chair. Chair — Councilman Fitzwater nominated Councilman Hussey as Chair. Councilman Fitzwater motioned to cease nominations and elect Councilman Hussey by acclamation. Councilwoman Ward seconded the motion. Councilman Hussey was elected unanimously. Vice -Chair — Councilwoman Ward nominated Councilman Fitzwater as Vice - Chair. Councilwoman Ward motioned to cease nominations and elect Councilman Fitzwater by acclamation. Councilman Schreiber seconded the motion. Councilman Fitzwater was elected unanimously. There being no further business brought before the Committee at this time, Councilman Hussey moved for adjournment, seconded by Councilman Schreiber, and approved unanimously at 7:55 PM. Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634,6562 • www.jeffersoncitymo.gov Date: May 2, 2019 To: Public Works and Planning Committee From: David Bange P.E., City Engineer 0 Subject: Revisions to the Standard Construction Drawings, Chapter 32, and 33 of the City Code Staff is presenting the Committee with a number of updates and additions to Chapters 32 and 33 of the City Code in addition to an update of the Standard Construction Drawings for review and discussion with the ultimate goal of moving the revisions to the Council for approval. These topics are being presented together because they are interrelated and changes in one lead to changes in the others. The driving force behind undertaking these changes is the need to update the Standard Construction Drawings which were last updated in 2013, and the adoption of a Livable Streets Policy by the Council in 2011. The whole of the Standard Construction Drawings were updated to provide a more unified presentation of material, minor changes to some of the construction details, and the addition of details that had not previously been in the standards such as temporary turnarounds and outlet structures for water quality basins. Three changes of note are the addition of the requirement to place 3" of compacted stone under all streets with edge drains, the removal of the requirement to seal contraction joints in concrete pavements, and the addition of dowel bars in the contraction joints of arterial concrete pavements. The main changes to Chapter 32 include the addition of language pertaining to livable streets as was called for in the Livable Streets Policy as well as the removal of a number of sections that pertain to information that is contained elsewhere in the code such as purchasing requirements which is now contained in Chapter 26-A. Also removed from the code were specific design specifications of the construction of streets and sidewalks. These specifications were replaced by reference to the City of Jefferson Standard Construction Drawings. Changes to Chapter 33 of the code are minor and include the removal of the sections pertaining to right of way vacations which are part of Chapter 32, the changing of a number of references from Planning and Protective Services to Public Works, and the referencing of the Standard Construction Drawings in the place of specific street specifications. If you have any questions I can be reached at 634-6433. DB:db U:\Public WorkslEngineeringldbange\PUBLIC WORKS & PLANN1NC1201915-20191Code and Standards Changes,doex 3:7 2: �Q. -- 5' 1.5% typ. max. See Type "A" curb 3' and gutter detail (-- Varies 3' ..— 5' — 1.5% typ. 2% max. See sidewalk details 2 In rock cut, rock is to be excavated 1 foot below subgrade and 2 foot behind curb (typical for concrete or asphalt) 3.1 t 2:1 YID. 0 6" concrete pavement —1i" A.C. surface, grade BP -1 — 54" A.C. base* 3" compacted permeable stone base (typical for concrete or asphalt) 6"(min) compacted subgrade to 95% of standard max. density (typical for concrete or asphalt) Typical Asphalt Section ..._ 5' 1.5% typ. 2% max. 3' Permeable stone edge drain concrete and asphalt pavements** Typical Concrete Section Residential Street Section See Type "A" curb and gutter detail 3' Varies 5'- 1.5% typ. 2% max. rt 2' In rock cut, rock is to be excavated 1 foot below subgrade and 2 foot behind curb (typical for concrete or asphalt) 7" concrete pavement — 12" A.C. surface, grade BP -1 8 A.C. base* 3" compacted permeable stone base _ (typical for concrete or asphalt) 6"(min) compacted subgrade to 95% of standard _ max. density (typical for concrete or asphalt) Typical Asphalt Section 2' See sidewalk details Permeable stone edge drain concrete and asphalt pavements** Typical Concrete Section Commercial Street Section *maximum of 4" compacted A.C. base per lift **Edge drain may be omitted when a stormwater pipe is located under or behind the curb provided that the granular road base is carried to the granular trench backfill. • z0 Standard Details SECTION NUMBER 20.02 Transverse Contraction Joint for Residential Streets #8 smooth bar P /•, See sealing detail 4 1" 2„ P/2 F P #8 smooth dowel Transverse Contraction Joint for Arterial Streets Proposed _ Expansion tube Preformed filler material Drilled hole 1/8" larger than bar 0 Transverse Expansion Joints "(max) T3 P/3 P/2 #4 deformed bar Longitudinal Contraction Joint L1 Notes: Joint sealer Sealing Detail #4 deformed bar . P /•'. LL_ Existing Proposed Drilled hole 1/8" larger than bar 0 Preformed filler material P/3 P/2 Longitudinal and Tranverse Construction Joints L2 and T2 1. Sawed joints are to be a maximum of 1/8" wide. 2. Expansion joints shall be a minimum of 1/2" wide. The top 1" of the filler material is to be removed and the joint is to be sealed with hot poured joint sealer meeting the MoDOT specification 1057.5. Dowels are to be 1" 0 smooth bars with expansion tubes and grease on one end. 3. All tie bars and dowels shall be epoxy coated meeting the MoDOT specification 1057. Revision and Description: 0 z PCC Pavement Joint Details Standard Details SECTION NUMBER 20.05 Transverse expansion joint Type "A" curb and gutter Transverse contraction joint Residential street Transverse r contraction joint 1 Arterial street Transverse construction joint _______________L. r_, ,-, k VP.) —1 = • i varies _ beet�I width 1 1 1 1 1 1 I I i_I L_I i1=1 Curb poured monolithically with street Notes: 0 Reinforcement for PCC Pavement Reinforced joints in PCC pavement shall be as follows: Ll Longitudinal Contraction Joints 24" #4 deformed bars at 30" centers centered on joint 0 Longitudinal Construction Joints 24" #4 deformed bars at 30" centers centered on joint Transverse Contraction Joints Arterial Streets 18" #8 smooth dowels at 12' centers centered on joint Transverse Contraction Joints Residential Streets No dowels required T2 Transverse Construction Joints 24" #4 deformed bars at 12" centers centered on joint T3 Transverse Expansion Joints 18" #8 smooth dowels at 12' centers centered on joint with expansion caps on one end of bar Revision and Description: 0 z Standard Details a SECTION NUMBER 20.06 Pavement thickness shall match adjoining street pavement r-- 30' min Access easement 10' beyond pavement typ 30' min • 20' 1 R10'-- >, U Imo- Varies Hammer Head Type — ld---,d--- -- --30, m ink Pavement thickness to match adjoining street pavement Access easement 5 foot beyond pavement typ 20' min • If on a residential street the approach may be modified to become a residential driveway when the street is extended. 20' R10' i a) U IVaries Id Branch Type did--- id--- ld--- Notes The hammerhead turnaround may be placed on the adjoining property if easement is acquired from adjoining property owner. Revision and Description: z Turnaround Detail Standard Details B u SECTION NUMBER 20.09 1. on residential st. e yin. on arterial st. Residential driveway )perty line (typ) or approach wing not extend beyond on of property line tial vay (typ). 15' min. a 0 City Street 40' max. 1 20' min. radii shall I not overlap 2'min. _t1 II i 24' max** I 2 Commercial driveway 12' min. one way only Commercial driveway F 5' min. --rn — —rt ---P1 — 24' min. two way Commercial driveway is Nays shall meet the street at right angles whenever possible. At no time shall a Nay meet the street at an angle Tess than 45'. drawing depicts typical driveway placement. Traffic studies for specific sites may to alternate placement. no case shall the radius of a commercial drive entrance overlap with the radius of ;treet. len a three car garage faces the street a residential drive may be 30' wide. Revision and Description: ui Y 0 0 Z u 1 E E 0 u ea —10 c uv CU oc ai E u r0 0 Standard Driveway Details u 0 SECTION NUMBER 22.07 Bus shelter pad Sidewalk 14' A �- 10' 4' 6' L-2' Bike rack pad Bike rack 5' (typ) Landing pad 10' 3 (typ) A Plan View L4 Section A—A L 6" Compacted subgrade Notes: This detail is for a standard bus shelter pod installation. Installation may vary based on sidewalk location and other factors. The landing pad and shelter pad should be kept under 2% longitudinal slope to the greatest extend possible. Revision and Description; 0 z Bus Shelter Pad Detail Standard Details SECTION NUMBER 23.10 Galvanized support post with cap 1 A Regulator pipe 6" thick concrete pad #4 rebar at 12" centers ± both ways PVC cap (not glued) Sch. 40 PVC pipe (4"0 typ.) with 1" 0 holes spaced to achieve design release rate Outflow pipe sized to carry designed release flow at free flow conditions (8" min/typ) Sch 40 PVC pipe (12" 0 typ) with 3/4" 0 holes as needed to exceed the flow rate capacity of the holes in the regulator pipe. Eight holes at 6" vertical spacing typ. 0 hole typ. 3/4" 0 hole typ. Section A—A Bottom of first hole in regulator and strainer pipes to be flush with concrete slab 1" Do not glue joint PVC tee (8"x8"x4" typ) or equivalent reducing 90' elbow L 6" F Strainer pipe PVC cap (not glued) Stainless steel strap Support bracket 4" 0 or 4"x4" square steel support post Concrete base Detail A 1'-6" Section B—B Detail A Form 1" deep pocket in concrete to restrain strainer pipe PVC cap Revision and Description: w 0 z Standard Details SECTION NUMBER 40.14 Area inlet see area inlet details Regulator pipe Strainer pipe — #4 rebar 12"± centers each way Openings sized and located as necessary to achieve required flow rotes. Install trash bar in openings larger than 6". Support bracket and stainless steel strap Notes: 1. Refer to project plans for placement and number of holes in regulator pipe. 2. Regulator and strainer pipe height to be set by design release rate. Plan View 3' A 6" thick concrete pad J Frame and lid Type "I" Ii i Sch 40 PVC pipe (12" 0 typ) with 3/4" 0 holes as needed to exceed the flow rate capacity of the holes in the regulator pipe. Eight holes at 6" vertical spacing typ. Section A—A • • • 0 0 0 • • r • Sch. 40 PVC pipe (4"O typ.) with 1" 0 holes spaced to achieve design release rate Form 1" deep pocket in concrete i to restrain base of strainer pipe Thicken slab to encase outflow pipe Outflow pipe sized to carry designed release flow at free flow conditions (6" min/typ) See detail A on previous page Revision and Description: 0 z Standard Details 0 SECTION NUMBER 40.15 � 0 =II = 4k=4_ II 11 11 II II II --- Il %II II"Il_JI ___ 11 11 .)II Tf U u Openings sized and located as necessary to achieve required flow rotes. Install trash bar in openings larger than 6". Support bracket and stainless steel strap Notes: 1. Refer to project plans for placement and number of holes in regulator pipe. 2. Regulator and strainer pipe height to be set by design release rate. Plan View 3' A 6" thick concrete pad J Frame and lid Type "I" Ii i Sch 40 PVC pipe (12" 0 typ) with 3/4" 0 holes as needed to exceed the flow rate capacity of the holes in the regulator pipe. Eight holes at 6" vertical spacing typ. Section A—A • • • 0 0 0 • • r • Sch. 40 PVC pipe (4"O typ.) with 1" 0 holes spaced to achieve design release rate Form 1" deep pocket in concrete i to restrain base of strainer pipe Thicken slab to encase outflow pipe Outflow pipe sized to carry designed release flow at free flow conditions (6" min/typ) See detail A on previous page Revision and Description: 0 z Standard Details 0 SECTION NUMBER 40.15 Push on or threaded PVC cap flush with finished grade Place tracer wire :III: through 3/8" 0 hole --- drilled just below cap. j�.:1i,- :11I ,1�111= I�L1I:: Fold 3 feet of tracer wire into pipe. (typ) Tracer wire to be taped to cleanout at two foot intervals (typ) J IAVI�r�I11A r Y�Y�tY I I 11 11711 11 i i1,-. il:l Place tracer wire I 1 through 3/8" 0 _ill_-�I hole drilled into 1 i, shoulder of fitting. Cleanout Tracer Wire Termnation when cleanout is not in pavement Tracer wire to be taped to cleanout at two foot intervals Sewer Lateral Notes: 11 I I v � Section View Wind 3 feet of tracer wire around pipe. Cleanout Tracer Wire Termination when cleanout is located in pavement 1. Tracer wire shall be 12 gauge solid copper per Jefferson City forcemain specifications. 2. For new construction tracer wire shall be placed from the sewer main to the building foundation. For retrofit or reconstruction the tracer wire shall be placed for the extent of the construction. Revision and Description: z° Standard Details a SECTION NUMBER 52.02 CHAPTER 32 STREETSdOSIDEWALKS, AND RIGHT-OF-WAY' ARTICLE I. GENERALLY 3204 Sec. 32-1. Street names and widths. 3204 Sec. 32-2. Closing streets, alleys, etc. 3204 Sec. 32-3. Vacating public rights-of-way. 3205 Sec. 32-4. Sale, etc., of goods, wares or merchandise upon public streets. 3205 Sec. 32-5. Obstructing street lamps, etc. 3206 Sec. 32-6. Obstruction ofstreels, alleys or sidewalks generally; placing of red lights on ob.riruction.e3206 Sec. 32-7. Taking of rock, gravel, etc., from, or depositing same upon, streets, sidewalks, etc. 3206 Sec. 32-8. Leaving excavations, cellar openings, etc., open or unprotected. 3206 Sec. 32-9. Spilling concrete on streets. 3 207 Sec. 32-10. Change in grading, paving, etc., necessitating change in location of water pipe, hydrant, etc.: installation ofwater pipes, etc., generally. 3207 Sec. 32-11. Depositing snow on public rights-of-way. 3207 Sec. 32-12. Litter. 3208 Sec. 32-13. Connection of private roadways to public streets. 3209 Sec. 32-14. Pedestrian control signs. 3209 Secs. 32-15 - 32-23. Reserved. 32103'09 ARTICLE II. PUBLIC IMPROVEMENT CONTRACTS AND PROCEDURES IN GENERAL 32113248 DIVISION 1. GENERALLY 321 130 Sec. 32-24. Construction contracts and bonds. 32113210 Sec. 32-25. Contractors to carry liability insurance 32114-2441 Sec. 32-26. Contractor to pay for city engineering services. 32113210 Secs. 32-27 - 32-37. Reserved. 32123211 DIVISION 2. SPECIAL ASSESSMENTS 32133212 Sec. 32-38. Method of computation 32133212 Sec. 32-39. Director of public works to make report; assessment; issuance of tax bills 321332/2 Sec. 32-40. Special tar bills: Contents. 32143213 Sec. 32-41. Special tax bills: Methods of payment. 32143213 Sec. 32-42. Special tax hills: Records.. 32143'13 Secs. 32-43 - 32-53. Reserved. 32143'13 ARTICLE III. STREET IMPROVEMENTS 32153211. DIVISION 1. GENERALLY 3215+2-I-1 Sec. 32-54. Construction material specifications. 32!53'11 Sec. 32-55.- 32-66. Reserved 32163211 DIVISION 2. COUNCIL RESOLUTION, ETC 3217:1,4-14 Sec. 32-67. Generally n173215 Sec. 32-68. Streets, etc., not more than twelve hundred feet in length _ 32173215 Sec. 32-69. Advertising for and receiving bids; awarding contracts. 32/83216 Secs. 32-70 - 32-80. Reserved. 32183216 ARTICLE IV. CONSTRUCTION OF SIDEWALKS, CURBS, ETC. 32193217 DIVISION 1. GENERALLY 32193/17 Sec. 32-81. Width and grade. 32194-24-7- Sec. 2f9_-l=Sec. 32-82. Construction and material specifications: Sidewalks 3219 Sec. 32-83. Construction and material specifications: Curbs and gutters. 32193-717 Sec. 32-84. Supervision by city; construction and repair to be at property owner's expense. 32193'17 Sec. 32-85. Removing stakes or laying sidewalk on improper grade. 32193217 Secs. 32-86 - 32-97. Reserved 32203218 Rev. 08/21/2018 3200 DIVISION 2. DUTIES AND RESPONSIBILITIES OF PROPERTY OWNERS 32213-3-1-9 Sec. 32-98. Generally 3 2213' 19 Sec, 32-99. Duty to construct, repair, etc 32213 219 Sec. 32-100. Construction, repair, etc., under private contracts. 32 213119 Sec. 32-101. Maintenance, etc. 32223220 Sec. 32-102. Privately owned, operated, and maintained pole lighting. 32223210 Section 32-103. Sidewalks Required 3773L-1.44- Sec. 723fSec. 32-104. Required sidewalk plan. 327732'5 Secs. 32-105 - 32-112. Reserved. 32773225 DIVISION 3. CONSTRUCTION, ETC., BY CITY 322832/6 Sec. 32-113. Enactment of ordinance; filing of plans, specifications, etc.; advertisement for bids32283226 Sec. 32-114. Opening of bids; awarding of contract 32283226 Sec. 32-115. Repair. 32283226 Secs 32-116 - 32-119. Reserved 32283116 DIVISION 4. SIDEWALK REPAIR PROGRAM 322912' Sec. 32-120. Purpose 32293'" -- Sec. 32-121. Sidewalk Repair Program f ending. 32794: -.7. -?7 Sec. 32-122. Staff to identify sidewalks to be repaired 3229322.' Sec. 32-123. Approval by City Council. 37793117 Sec. 32-124. Action by City staff. 32293227 Sec. 32-125. No share requiredfrom property owner 377931" Sec. 32-126. Obligation to repair not negated. . 3229322' ARTICLE V. EXCAVATIONS 32303228 DIVISION 1. GENERALLY 32303224 Sec. 32-127. Definitions. 31303228 Sec. 32-128. Permit required. 3230321 Sec. 32-129. Permit application 32313129 Sec. 32-130. Permit fees, deposits, and issuance. 32313219 Sec. 32-131. Display of permit. 32313130 See. 32-132. Permit records 32373'30 Sec. 32-133. Continuity ofwork 32323'30 Sec. 32-134. General procedures for performing. 32373'30 Sec. 32-135. Backfill procedures 32343232 Sec. 32-136. Maintenance and resurfacing. 32353_'33 Secs. 32-137 - 32-159. Reserved. 32353233 ARTICLE VI. DRIVEWAYS AND CURB CUTS 32363234 DIVISION 1. GENERALLY 32363231 Sec. 32-160. Definitions. 32363231 Sec. 32-161. Plans and specifications adopted by reference. 32363_'31 Sec. 32-162. Standards of performance. 3236313 1 Sec. 32-163. Curb replacement where driveway no longer in use, etc. 32373235 Sec. 32-164. Driveway width. 32373135 Secs. 32-165-32-175. Reserved. 32373735 DIVISION 2. PERMIT 32381136 Sec, 32-176, Required. 32383'36 Sec. 32-177. Application, 32383136 Sec. 32-178. Fee and issuance. 32383136 Sec. 32-179. Inspection and approval or disapproval ofwork; return or retention of security deposit. 3238=36 Sec. 32-180. Records. 32393237 Secs. 32-181 - 32-191. Reserved 32393' ARTICLE VII. PARADES 32403238 Rev. 08/21/2018 3201 Sec. 32-192. Definitions. 32403233 Sec. 32-193. Permit required. 32403238 Sec. 32-194. Permit application 32403233 Sec. 32-195. Standards for issuance. 32413249 Sec. 32-196. Notice ofpermit rejection, 32413239 Sec, 32-197. Alternative permit 32423210 Sec. 32-198. Contents of permit. 324 23240 Sec. 32-199. Possession of pernzit. 32423210 Sec. 32-200. Compliance with law required. 324232 10 Sec. 32-201. Revocation of permit. 32423210 Sec. 32-202. Obstruction, interference, etc. 32;1232411 Sec. 32-203. Exceptions. 3 2-133 2 11 Secs. 32-204- 32-209. Reserved. 32.133241 ARTICLE VIII. NEWSRACKS 32443242 Sec. 32-210. Intent and purpose 324434-k2 Sec. 32-211. Definitions. 32443' E' Sec. 32-212. Permit required. 32443=42 Sec. 32-213. Application for permit. 32453 213 Sec. 32-214. Conditions for permit. 324532-13 Sec. 32-215. Standards for maintenance and installation 32453'13 Sec. 32-216. Location and placement of newsrack. 32453143 Sec. 32-217. Violations. 324632 I1 Sec. 32-218. Appeals. 324732 /5 Sec. 32-219. Disclaimer. 32473245 Sec. 32-220. Severability 32483216 ARTICLE IX. SIDEWALK CAFES 32493247 Sec. 32-230. Sidewalk cafe permits. 32493'4' Sec. 32-231. Extension of Liquor License. 375032 /V Sec. 32-232. Consumption of Alcohol. 32503248 ARTICLE X. HOUSE NUMBERS ON CURBS 325131 Sec. 32-310. Purpose and intens. 32513-2-4-9 Sec. 32-311. Posting bills, painting signs, etc., prohibited;; exceptions. 32513'1S1 Sec. 32-312. Requirements for painting on curbs. 325/3249 Sec. 32-313. Revocation of permit 32523250 Secs. 32-314 - 32-324. Reserved. 37573'50 ARTICLE XI. NEIGHBORHOOD IMPROVEMENT PROGRAM 32533251 Sec. 32-330. Purpose. 32533251 Sec. 32-331. Petition necessary 3253325/ Sec. 32-332. Participation Requirement. 32533251 Sec. 32-333. Cost to Applicant. 32533'51 Sec. 32-334. Funding, criteria for project selection. 32533251 Sec. 32-335. Street lighting in improved subdivisions. 32543252 ARTICLE XII. ADOPT -A -STREET AND ADOPT -A -SPOT PROGRAMS 32553253 Sec. 32-400. Definitions. 32553253 Sec. 32-401. Application for Participation. 32553'53 Sec. 32-402. Agreement: General Responsibilities of Adopter and the City. 32563's-1 Sec. 32-403. Authorized Program Activity and Specific Responsibilities of Adopter. 32573255 Sec. 32-404. Signage. 32583256 Sec. 32-405. Modification or Termination of the Agreement. 32583256 ARTICLE XIII. DOWNTOWN ELECTRICAL SERVICE AREA 32593257 Sec. 32-500. Purpose and Intent. 3259315' Sec. 32-501. Downtown Electrical Service Area Established. . 3259325' Rev. 08/21/2018 3202 Sec. 32-502. Permit Required. 32593'a Sec. 32-503. Permit Fee.. 32593'5- Sec. 2593'5-Sec. 32-504. Permit Duration. 3259 Sec. 32-505. Usage Guidelines. 32593'57 Sec. 32-506. Tampering with Electrical Facilities Prohibited 32603258 ARTICLE XIV. BANNERS ON UTILITY POLES OR OVER STREETS 3261.19 Sec. 32-600. Purpose. 32613159 Sec, 32-601. Practice. 32613 259 Sec. 32-602. Banners on Utility Pole.. 3259 Sec, 32-603. Temporary Event Banners Over Streets. 32624=40 Sec. 32-604. Exceptions. 32624240 Sec. 32-605. Ownersship. 3260 Rev. 08/21/2018 3203 ARTICLE I. GENERALLY Sec. 32-1. Street names and widths. A. The names and widths of the various streets in the city shall be as now platted and dedicated to the city, or as have been specifically changed or established by ordinance of the council, or as may be hereafter platted and dedicated or established by ordinance. (Code 1977, § 33-1; Ord. No. 10893, 9-9-87; Ord. No. 13185, §2, 5-7-2001) State law reference - Municipal authority to change street names, RSMo. § 77.220. Sec, 32-2. Closing streets, alleys, etc. A. Construction or Maintenance. The Director of Public Works is hereby authorized to close any public street. alley, highway, roadway, or sidewalk in the city and withdraw such from public use for such time as may be required for said construction. Closure may only be granted after notice to the Police Chief. Any such closure shall address pedestrian access and safety. Other Closures. The Chief of Police, upon ttivine, notice to the Public Works Director. is hereby authorized to close any public street, alley, highway, or roadway in the city and withdraw such public street, alley, highway, or roadway from public use temporarily for a maximum period of three (3) days for purposes not identified in Section A in accordance with the following: 1. The Chief of Police shall promulgate an Application form for a street closure request, which may include the area of street proposed to be closed, all reasons that said street should be closed, the intended use of the street during closure, and any other information the Chief of Police may deem appropriate. 2. Upon receipt of an application for street closure, the Chief of Police shall authorize the closure of the said street, unless the Chief of Police finds one of the following: a. There are not sufficient alternate routes available to allow the safe and orderly movement of traffic through the area; or b. The closure will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such closure; or c. The closure will require the diversion of so great a number of city employees, including police officers, that normal city services cannot be provided elsewhere; or d. Previously approved or annual events scheduled for the same time as the proposed closure will require the diversion of so great a number of city employees, including police officers, that necessary city services cannot be provided to the area proposed to be closed; or e. The street closure is reasonably likely to cause injury to persons or property; or f. The street closure is reasonably likely to cause a negative financial impact to those businesses adjacent to the closed street; or g. The requested street closure is longer than necessary to accomplish the purpose behind the request for street closure. Upon such finding, the Chief of Police may approve a street closure which is limited to only that time which is necessary for the activity or event; or h. The purpose for the street closure does not require the closure of the entire area of the 1 B. Rev. 08/21/2018 3204 request. Upon such finding the Chief of Police may approve a street closure which is limited to only that area necessary for the activity or event; or The street closure is being held for the primary purpose of advertising any product, cause, goods or event for a for profit entity; or The street closure is primarily necessary only to provide convenient parking for an activity or event. 3. The Chief of Police shall notify the applicant of his determination. C. Any person using or attempting to use such street, alley or public highway so withdrawn from public use, or driving or attempting to drive any animal or vehicle thereon, shall be deemed guilty of an °n. dernea.,oroIfencc. D. Any street closing not authorized by this section or by another section of the city code, or any closing in excess of the time for closure allowed pursuant to said sections shall require a permissive use of right of way granted by the City Council. (Code 1977, § 33-2; Ord. No. 9549, § 1, 11-17-80; Ord. No. 13301, 11-5-2001; Ord. 14871, §1, 11-7-2011) Sec. 32-3. Vacating public rights-of-way. A public right-of-way for any street, alley, avenue, drive, boulevard or other public thoroughfare may be vacated by ordinance approved by council. The vacating process may be initiated by council or by the following petition process: 1. A written petition signed by two-thirds (213) of the property owners abutting upon the right-of- way sought to be vacated, accompanied by a description of the involved right-of-way shall be filed with the city clerlkDirector of Public Works. 2. The petition shall be referred to the city council. 3. If the council finds that the petition for vacation should be approved, the proposed vacation shall be further conditioned upon the passage and approval of an ordinance declaring the involved right-of-way vacated and discontinued for public purposes. 4. Any easement which is, or which may reasonably be, required for city sanitary sewer or surface water drainage facilities, or for any gas, water, electrical, telephone or teleeruph telecommunications facilities or services, whether or not such facilities or services exist or will be constructed, shall be reserved to and retained by the city in any ordinance authorizing and approving the vacation of all or any part of the involved right-of-way. (Code 1977, § 33-3; Ord. No. 10065, § 1(33-3), 9-19-83; Ord. No. 15505, §1, 3-21-2016) State law reference - Municipal authority to vacate streets, RSMo. § 88.637. Sec. 32-4. Sale, etc., of goods, wares or merchandise upon public streets. A. It shall be unlawful for any person to place or stand for sale or advertising purposes any goods, wares or merchandise of any kind, directly or indirectly, upon the surface of the improved portion of any street, alley or roadway within this city, within the parking area which lies between the curb of any street and the Rev. 08/21/2018 3205 edge of the sidewalk lying closest to the curb, within the cityor upon the traveled wag of_the sidewalk within the city unless otherwise provided for in City Code. (Code 1977, § 33-4; Ord. No. 13313, § I , 12-17-2001) Sec. 32-5. Obstructing street lamps, etc. Any person who shall erect or maintain any awning or sign board, or other obstruction, on any sidewalk or street in such a manner as to obstruct or obscure the light of any street lamp or electric light within the city shall 1 be deemed guilty of an t isclemeanoroffence. (Code 1977, § 33-5) Sec. 32-6. Obstruction of streets, alleys or sidewalks generally; placing of red lights on obstructions. A. It shall be a nuisance to encumber any street, alley or sidewalk within the city, by placing or causing to be placed thereon wood, coal, boxes, crates, merchandise, lumber, brick, stone, gravel, sand or other articles. Any person may use the streets, alleys and sidewalks in the construction of any new building, or in the removal, repair or alteration of any building, or for the purpose of piling thereon of building materials or tools; provided, that such person shall first have obtained the written permission from the Department of Public Works to use such street, alley or sidewalk for such purpose. F. Such person shall cause to be placed a sufficient number of red lights on any obstruction placed by them or under their direction, w+hilc constructing, altering. or repairing buildings on the street, alley or sidewalk. The number of the red lights shall be determined by the Department of Public Works, The red lights shall be placed on such obstruction and shall be illuminated from 30 minutes prior to sunset until 30 minutes after sunrise. I. the months of December. January and February. from 5:00 -p.m. to 7:00 1.m. 3. During the months ofJune, July and August from 7:30 p.m. to 5:00 a.m. (Code 1977, § 33-6; Ord. No. 13301, 11-5-2001) Sec. 32-7. Taking of rock, gravel, etc., from, or depositing same upon, streets, sidewalks, etc. Any person who shall take from or deposit on, any street, sidewalk or other public place of the city, or on property not owned or controlled by him, without having lawful authority so to do, any turf, loam, gravel, rock or 1 other material shall be deemed guilty of an mis .roffence. (Code 1977, § 33-8) Sec. 32-8. Leaving excavations, cellar openings, etc., open or unprotected. A. If any person in the city shall dig, or cause to be dug, or shall make any excavation in or adjoining any highway, thoroughfare or other public place, or shall dig any well, cistern or vault, and shall leave the Rev. 08/21/2018 3206 same open or exposed and without a sufficient fence or other protection around it, or shall suffer or permit any cellar door or grating, opening on any highway or thoroughfare. to be and remain open or in an unsafe or dangerous condition, whereby persons may be in danger of falling on or over cellar door or into such cellar or vault, the person so offending shall be deemed guilty of an m -is (fence. B. Any public officer, or contractor for public work, who shall make an excavation in any street or any other public place in the city, and who shall not cause the same to be so enclosed or protected as to prevent persons, animals or vehicles from falling therein, shall be deemed guilty of an •••iroffence. (Code 1977, §; 33-9, 33-10) Sec. 32-9. Spilling concrete on streets. Any person within the city who permits any ready mixed concrete to fall upon or spill upon any street of the city, except when such ready mixed concrete is being deposited upon a roadway during the construction of a street improvement, shall be deemed guilty of an t tisdemea+ offence. (Code 1977, *33-11) See. 32--10,Gita tge graailitt jH1s'ing, etc., tieeessitoti r galien of_witt:p• rit, ete.; in -401a .. . k+: am-rappunenar --e eth-e-r faeitiny person engaged in the business of selling water to the public has been placed shall be graded, curbed. paved or otherwise changed se as to make relocation or any change in the e successors and assigns, sh ty; provided. that before such person installs any main. pipe. hydrant, perman.nt grades: curb lines and sidewalk lines. unless permanent grades, curb lines and sidewalk lines have t such applicant shall -then -instar & c -h ^ .tipe• : hys� .,r ,a,a is -f . '•ppuHenances and pa+ :-Gees-shall be as set forth in Appendix Y. (Code 1977, 33 12: Ord. 11272, §10, 10 15 2007) Sec. 32-11. Depositing snow on public rights-of-way. A. No person shall deposit or cause to be deposited snow or ice from private parking Tots or privately owned property on,-etagainst or in any manner which interferes with the use of a fire hydrant or the paved portion of any street, alley, sidewalk, or loading or unloading area of public transportation. B. Rev. 08/21/2018 3207 (Ord. No. 9768, § 1, 4-5-82) Sec. 32-12. Litter. A. Each person in the city shall keep the sidewalks, tree wells in sidewalks, gutters, public rest areas and public alleys in front of and adjacent to any building, tenement, room or real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of mud, filth, dirt, debris, trash, litter and other substances, and weeds and grass, and shall also keep any grass median area between the property line and the street iii front of or adjacent to any such property rnowed and free from filth, debris, trash, litter and tiveeds, and shall also keep the sidewalks in front of and adjacent to any such property free and clear of any accumulation of snow and ice which presents a hazard to pedestrians. If any such building abuts directly upon a public street, that portion of such public street so abutting the building shall be kept clean and clear of filth, dirt, debris, trash, litter and other substances. Violation of this subsection is an misdemeanor -offence, and any person convicted thereof shall be fined not less than fifty dollars ($50.00), or more than two hundred fifty dollars ($250.00), or shall be sentenced to a term of confinement of not less than one and not more than ninety (90) days in jail, or shall be both so fined and sentenced. Each day that the condition exists in violation of this subsection constitutes a separate offense. 8. Each person in the city shall further keep any yards, grounds, driveways and any other private, nonpublic real property owned, occupied, possessed or managed by hint, or under his supervision and control, clean and clear of filth, debris, trash, litter, weeds and other substances. Violation of this subsection is an n„�, ,eanoroffence, and any person convicted thereof shall be subject to the same penalties as are prescribed for a violation of the provisions of subsection (A). C. Each person shall keep any parking lot in the city which is owned or managed by him, or which is under his supervision and control, clean and clear of filth, debris, trash, litter and other substances. Violation of this subsection is an ni-kirlemean4foffence, and any person convicted thereof shall be subject to the same penalties as are prescribed for a violation of the provisions of subsection (A). D. It is unlawful for any person, purposely or otherwise, to throw. place or deposit, or to cause to be thrown, placed or deposited, upon any public street, alley, sidewalk, tree well in sidewalks, gutter, rest area or public property of any other kind or description, or upon private property of any kind or character, or in any stream or body of water, any garbage, filth, debris, trash, rubbish, litter of any other kind, nature or description, offal, animal carcass or parts thereof, unclean water, or other substances, materials or objects declared to be a nuisance, other than in proper containers or receptacles designed and authorized for such purpose. Violation of this subsection is an misdentoffence, and any person convicted thereof shall be fined not less than fifty dollars ($50.00), or more than five hundred dollars ($500.00), or shall be sentenced to a term of confinement of not less than one and not more than ninety (90) days in jail, or shall be both so fined and sentenced. Notwithstanding the foregoing, if any person is convicted of a violation of this subsection, and if the court finds that the violation occurred while the person was the driver or occupant of an automobile, truck or motor vehicle of any other description, whether said vehicle was then moving or at rest, then the minimum fine for the violation shall be twenty-five dollars ($25.00), and the minimum sentence of confinement shall be one day, and the maximum fine and sentence shall be as set forth in this subsection. No person shall deposit any trash, rubbish or solid waste from any household in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an misdemeaneroffence. No person who owns or manages, or who is employed by, a commercial establishment or institution, shall deposit trash, rubbish or solid waste from that establishment or institution in any container or receptacle Rev. 08/21/2018 3208 maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an otisciemettoar-offence. G. Any police officer, ani,, -.environmental sanitarian, or any -employee of the city parking and traffic authority who has the authority to issue tickets for parking violations, shall have authority to enforce the provisions of this section, including the issuance of tickets, citations and summons to appear in court. (Ord. No. 9422, § 1.5-5-80; Ord. No. 9602, §§ 1, 2, 5-5-80; Ord. No. 13301, 11-5-2001) Cross reference - Materials escaping on roadway, § 19-314; vehicle load restrictions, § 19-315; solid waste, Ch. 30. Sec. 32-13. Connection of private roadways to public streets. No person shall connect any roadway to any street owned or controlled by the city without the permission of Director of Public Works which such permission shall only be given if the Director determines that the area to be served by the new roadway is substantially within the corporate boundaries or the owners of all properties to be served by the new roadway sign an irrevocable agreement, binding on their successors and assigns, to be annexed whenever the property becomes eligible for annexation in a form approved by the City. For the purposes of this section, the term "new roadway" shall mean the roadway which will be connected to an existing city street. The City Adrninistrator is hereby authorized to negotiate and execute on behalf of the City the agreements called for in this section so long as the City is not thereby obligated in an amount on any one agreement in excess of $25,000. (Ord. No. 13881, §3, 5-16-2005) Sec. 32-14 Privatelv owned. operated, and maintained pole lighting. A. Upon proper application for Permissive Use of Right -of -Way and approval of the City Council, privately owned, operated and maintained pole lighting may be installed on the City right-of-way. All expenses, such as cost of lighting. installation, maintenance, and power shall be at the expense of the owner. B. Poles. light fixtures and globes and the location and installation thereof are subject to approval of the Department of Public Works. illumination shall be in accordance with Section 35-57 of the City of Jefferson Zoning Ordinance. C. If the owner fails to properly install. operate. or maintain the pole lighting. the Director of the Department of Public Works (Director) may give seven days' notice to the owner to correct any deficiencies. If the deficiency is not corrected within seven days or reasonable steps to effectuate a correction are not commenced and diligently pursued within said seven-day period. the pole lighting may be removed by the City at the expense of the owner and permissive use of right-of-way may be revoked. If the Director determines that the condition of the pole lighting constitutes a hazard to public safety, the City may remove the pole lighting without advance notice to the owner and at the owner's expense, and the permissive use of the right-of-way may be revoked. D. No application shall be approved unless the owner executes a written agreement, approved by the City Counselor, containing terns and provisions consistent with these guidelines. E. Fees for a privately owned pole lighting plan shall be as set forth in Appendix Y. (Ord. 13620, I , 9-15-2003: Ord. 14272. 10, 10-15-2007) Rev. 08/2112018 3209 ntiel-siwnaIs exhihi *-ed-b d -arc in place, such signals shall indicate as follows: • 9 the direction of the signal and shall -be given -the right of way by the drivers ofall vehicles; B. "Don't Wall:" or symbol of an upra4 e, n who has partially completed his crossing on the wall, signal shall yzone 4, bol of an upraised Band, no pedestrian shall start to cror's the roadway in the direction of such signal, bt the "Wall:" or symbol of a walking -person -signal shall proceed to a sidewalk or safety island while the (Ord. No. 11651, §I, 3 15 2010) Sees. 32-15 - 32-23. Reserved. Rer. 08/21/2018 3210 ARTICLE II. PUBLIC INT-I!ROVEMRNT CON GTS AND PR GE-NERAISPECIAL ASSESSMENTS j! DIVISION 1. GENERALLY Sec. 32 24. Genstmetien-eids: Every contract for any wort: contemplated in this chapter shall state that the work shall be done under th,2 supervision of thc Director of Public Works. and in a rdanee with the provisions of this Code and other - ,i to �1a, n - - and signed by the mayor in behalf of the city. an 1 --when th is to be made in special tax bills, the contract shall stipulate that the city shall under no-ci rri}stanees-be l+able to .y special tax birr,,sThe-eentraeter--shall be required to execute a bond to the city with approved security, in an amount at least as much as the estimated cos bligations of the contract and that, iri the doing of the work. the contractor will comply with the laws of t1 -and this Code an save the city harmless from all damages that -nay -be cat the work, and that the contractor shall p such contract. The contractor shall not -be permitted to perform any part of the work until such bond shall have been duly executed and approved. In cases where any street improvement provides that the-conte-actor-sha.;,r-guafantee4hat the wort: will last for a definite period of time, and that such work shall be kept in by a solvent surety company to the city in an amti work, conditioned in accordance with the requii reference t: nt,ac-t&— d—bonds shall be prepared by th -for their approval. If the council disapproves of any contract or dor in thc doing-ef bond, another bond or contract, in accorda the city counselor in lieu of the one which has b council by notion -duly adopted - Sec. 32 25. Contra n Contractors who do -work for the city shall be required to take out or cum cc i 4Code 1977. ti 33 31) Stnte law reference The Workers' Compensa#ion Law, RSMo. Ch. 287. A. Whenever the council shall let a contract for public work under eempctitive bidding. thc successful bidder shall pay to the city clerk the following sums or amounts for engineering services performed by the amount of the bid, Rev. 08/21/2018 3211 Fitgrertir, reinforcement or construction of a sewer, two (2) percent of the amount of the bid. 3. Upon contracts for all other public works fot—whie-lj Department of Public Works, two (2) percent of -the amount of the bid. en shall be paid to the city clerk before the tax bills are issued or any mon - ie -c=ontractor for the work d. delivered to the contractor. and no money shall be paid to the contractor, until the entire amount due under such contract for engineering services shall have been paid to the city clerk. Secs. 32-27 - 32-37. Reserved. Rev. 08/21/2018 3212 2DIVISION 2. SPECIAL ASSESSMENTS Sec. 32-38. Method of computation. A. Subject to the provisions of subsection (B) of this section, the cost of any work or improvement provided for by Articles III or IV of this chapter that is made or done by contract or by the Director of Public Works acting for the city shall be levied as a special assessment against the lot, tract or parcel of land along, abutting and in front of such improvement. The cost of approaches, as defined in section 32-99, shall be levied as a special assessment against the corner lots with which such approaches abut and connect. The cost of grading, paving or macadamizing the squares and areas as formed by the crossing or meeting of streets, avenues or alleys, or parts thereof or connections therewith, shall be paid for by levying a special assessment, as follows: Such areas shall be divided into parts or portions by lines drawn lengthwise along the middle of each street, avenue or part thereof so intersecting or meeting, and the costs of such parts or portions shall be levied as a special assessment against the block or square contiguous to each and prorated, in proportion to the front feet, against the lots or pieces of ground in such block or square fronting or abutting on each of such intersecting, crossing or meeting streets, avenues or alleys, or parts thereof. 13. If the city council, by the ordinance authorizing and directing such improvements to be made, shall provide that all or any portion of such improvements shall be paid for in whole or in part out of the general revenue funds or other funds which the city Iias available for such purposes, only such portion of such improvements shall be paid for through the issuance of special assessments as is specified in the ordinance authorizing and directing the improvements to be made. (Code 1977, § 33-37; Ord. No. 13301, 11-5-2001) Sec. 32-39. Director of Public Works to make report; assessment; issuance of tax bills. Upon the completion of any sidewalk or street improvements, or any improvement contemplated in this chapter, whether made and done by contract or by the Director of Public Works acting for the city as herein provided, in accordance with the plans and specifications and contract for such improvements and according to the plans and specifications therefor if the work was done by the Director of Public Works acting for the city, as herein provided, the Director of Public Works shall compute the cost thereof and apportion such cost among the various tracts and parcels of land changeable therewith, charging each tract of land with its proportionate part of the cost as required by law. The Director of Public Works shall make a written report to the city council that such improvement has been completed in accordance with the contract for such improvement, and if the work has been done by the Director of Public Works acting for the city, as herein provided, reports that such work has been done according to plans and specifications therefor, which report shall contain a written description of each tract and parcel of land chargeable with a part of the cost of such improvement, the amount with which it is chargeable and the name of the owner thereof. If the council accepts the work and approves such report, it shall, by ordinance, levy and assess the cost of the work against the various Tots, tracts and parcels of land with its proportionate part of the cost of such work in accordance with the law relative to such charges, and shall direct the city clerk to issue special tax bills in accordance with such ordinance. (Code 1977, § 33-38; Ord. No. 13301, 11-5-2001) Rev. 08/21/2018 3213 Sec. 32-40. Special tax bills: Contents. All special tax bills issued to pay for sidewalks, street improvements or any work or improvement contemplated in this article shall be issued as provided for in Chapter 1 of the City Code. (Code 1977, § 33-39; Ord. No. 13301, 11-5-2001; Ord. 14977, §2, 5-21-2012) Sec. 32-41. Special tax bills: Methods of payment. Any special tax bill for the construction of any sidewalk shall be paid as provided for in Chapter 1 of the City Code. (Code 1977, § 33-40; Ord. 14977, §3, 5-21-2012) Sec. 32-42. Special tax bills: Records. A. The city clerk shall, on completion of all special tax bills hereinafter issued as provided by sections 32-40 and 32-41 record the bill as provided in Chapter 1 of the City Code. (Code 1977, § 33-41; Ord. 14977, §4, 5-21-2012) Secs. 32-43 - 32-53. Reserved. Rev. 08/21/2018 3214 ARTICLE III. STREET IMPROVEMENTS DIVISION 1. GENERALLY Sec. 32-54. Construction material specifications. A. The Public Works Director is authorized to promulgate the Standard Construction Drawings for the Citv ofJefferson and to update said drawings as is deemed necessary. All construction within the public right or within any construction which will be turned over for public maintenance shall adhere to the material specifications and standard details contained in the Standard Construction Drawings. requirements -set regulations - A. The-c-emei lent, adopted by. th„e44nter ea is Code. When the cement is not h eoted-at the place of manufacture, it shall be stored a sufficient length of time to permit the inspection and testtr cwvalks, curbs and euttcrs, in addition to the tprow tents;-shat-I--eenform to the following B. Fin v ,. - - able crushed rock or gravel eem isti � sater•ial graded fr: : - •e part' 3redominating, and passing. when dry. a scrccn having one fourth inch opcnin:s. It shall be cleat} -hard, and free from dust, loam. vegetable or other deleterious rnattcr. Not more than twenty (20) percent shall pass a sieve havirn; fifty (50) meshes pe (3) pet<eent of clay or loam shall be washed before wring. Fine aggregate shall be of such quality that the mortar co-- :. arts fine agercgate by weight, when fade-inte-briquettes, shall she °_ metre th-at-1euslequal to the strength of one to three (3) mortar of=tl 1 -standard Ottawa sand. In no case shall fine aggre&ate containing frost or lttnms e t own -material be used. dust, loam. vegetable or other deleterious matte- and shaI1 ntai•, n•o soft, flat or clonvgated particles. The nines. In no case shall coarse aye frozen material be used. D. Natural mixed aggregate shall not be used as i4 comes from deposits but shall be screened and used as d, E. Water shall be clean, free from oil. aei halt- egetable matter, c tensile strength of not less than seventy thousan O3 -pounds -per out fracture. (Code 1977, § 33-16; Ord. No. 13301, 11-5-2001; Ord. 14977, §5, 5-21-2012)) Rev. 08/21/2018 3215 Secs. 32-55 — 32-66. Reserved. Rev. 08/21/2018 3216 DIVISION 2. COUNCIL RESOLUTION, ETC. Sec. 32-67. Generally. When the city council shall deem it necessary to pave, macadamize, gutter, curb, grade, oil or otherwise improve the roadway of any street, avenue or alley or other highway, or any part thereof, or to repave or reconstruct the same, for which a special tax is to be levied as provided in this article, the council shall, by resolution, declare such work or improvement necessary to be done, and shall cause plans and specifications for such work and improvement, together with an estimate of the cost thereof, to be prepared by the Director of public Works and filed with the city clerk, subject to the inspection of the public, and shall cause such resolution to be published in the newspaper doing the city printing, for two (2) consecutive insertions in a weekly paper or seven (7) consecutive insertions in a daily paper. If a majority of the resident owners of property liable to taxation therefor at the date of the passage of such resolution, who shall own a majority of the front feet owned by residents of the city abutting on the street, avenue or alley proposed to be improved, shall not, within ten (10) days thereafter, file with the city clerk their protest against such improvements, the city council may, by ordinance, provide for the making or construction of such improvements and shall have the power to cause a contract to be left for such work or improvements. (Code 1977, § 33-13; Ord. No. 13301, 11-5-2001) State law reference - Similar provisions, RSMo. § 88.520. Sec. 32-68. Streets, etc., not more than twelve hundred feet in length. A. When the city shall deem it necessary to pave, macadamize, gutter, curb, grade or otherwise improve the roadway of any street, avenue or other highway not more than twelve hundred (1,200) feet in length, so as to connect with paved, macadamized, curbed, graded or improved streets at both ends on the same or other streets, the council shall, by resolution, declare such work necessary to be done and shall cause such proceedings to be had as in section 32-67; except, that no protest may be filed. The resolution shall be passed and published as provided for other resolutions in this article and shall state the fact that anyone desiring to do so may appear before the council, at the place and at a time certain specified in such resolution, and be heard on the question of the necessity of the work sought to be done. At such time and place the council shall convene in regular or adjourned session and hear anyone who desires to be heard on such question and shall thereafter by resolution state the result of such hearing to be a reaffirmation of the necessity for the doing of such work or the contrary, as the fact may be. If no one appears or the council reaffirms the necessity of the doing of such work, the council shall proceed under the terms of sections 32-67 and 32-69 in the same manner as is therein provided when the abutting resident owners fail to file a sufficient protest. The work shall be done in the same manner and constructed of the same materials as one or both of the improvements on the streets, avenues or highways to be connected, and only such work may be done as will connect similar work on such streets, avenues or highways. State law reference - Similar provisions, RSMo. 88.523. Lot Number 7 of vista r -ac -e ed.r.tion. amor any such extension of West McCarty Street over or thefefor. (-- 3d 1977, s 33 11) Rev. 08/21/2018 3217 See. 32 69..1d-►•cntisir g-fsrr-- a c-ei When the city € me -i11 -shall enact an ordinance providin for the -making -of -any of the improvements- mentioned mprove ntsmentioned in sections-3� v? a• _' _ - rwise directed by the council, shall immediately i tlt , . e. Such advertisement ne week and shall briefly state the kind of work to bc do bids will be received, hov p yment will be In .. .. crk shall require that-each-bidderaccenapany his -bid with a certified chec-k on some city -ba} n i-n-aat arnount-4een?e4 sufficient by the city -et tell, upon r �' h the city -for for bids the clerk shall state the amount of the deposit that will be required. All bids received by the clerk shall be opened -by -him in the presence of the council at the fiFs the reeeiptof the bi s u^1ess otherwise ordered by t c council. The council shall h - : tisfactory or where the bids for the work are above the estimated cost. In all cases where no bids are received, upon advertisement therefor, or where 11 e-Eot c lowest and best bidder. The 11 be censttued as the awarding of the contract. Any bid may bc accepted and contract (Code 1977, § 33 15; Ord. No. 13301, 1r,—r1 5 2001) �St$teiirw-'ef rr:ri-e--Bi Secs. 32-70 - 32-80. Reserved. Ker. 08/21/2018 3218 ARTICLE IV. CONSTRUCTION OF SIDEWALKS, CURBS, ETC. DIVISION 1. GENERALLY Sec. 32-81. Atli -and cSidewalks. All sidewalks to be constructed in the city on right of way. easement, or on private property to serve the general public shall be constructed and installed in compliance with the standard construction drawings promulgated by the Director of Public Works. .. ••. . t five (5) feet wide on all other streets, except as may be otherwise provided by this Code or by other ordinances, and have a crors slopz no more than two percent (2%) or one fourth ineli to the foot. (Code 1977, § 33-27) (Ord. No. 12980, §2, 9-20-99) See. 22�2-82.-Co sf uetieu-a i imfl�fea#io• : Side All sidewalks in the city shall be constRttc design standards promulgated by the Director ofPuhlir V -c hal-1 knot less than four (1) 3ltc concrete used shall conform to the six (6) (-Code 1-977, -§ 33 28; Ord. No. 13301, 1 1 5 2001) Sec. 32-83.Oomstruetioi • • . urbs and gutters. compliance with standard construction drawings promulgated by the Director of Public Works. of concrete. Curb and gutter shall not be less All curbing and guttering in the city shall be constructed and installed in shall be installed every ten 110) feet. Cencrctc for curb and gutter shall conform to t cubic yard of concrete design mix on file with the Department of Public Works. (Code 1977, § 33-29; Ord. No. 13301, 1 1-5-2001) tc 6.5 sacks of cement per Sec. 32-84. Supervision by city; construction and repair to be at property owner's expense. All sidewalks constructed in the city shall be constructed under the supervision and direction of the Director of Public Works. (Code 1977, § 33-30; Ord, No. 13301, 11-5-2001) Sec. 32-85. Removing stakes or laying sidewalk on improper grade. Any person in the city who shall remove or otherwise interfere with the stakes or other markers set by the Director of Public Works to designate the grade for a sidewalk, curb, gutter or other street improvement, or any person who shall construct or cause to be constructed in the city a sidewalk, curb or gutter on a grade other than the grade previously designated by the Director of Public Works, shall be deemed guilty of an ••^ lemea ,e.��^^roffence. (Code 1977, § 33-32; Ord. No. 12939, §1, 6-21-99; Ord. No. 13301, 11-5-2001) Rev. 08/21/2018 3219 Secs. 32-86 - 32-97. Reserved. Rev. 08/21/2018• 3220 DIVISION 2. DUTIES AND RESPONSIBILITIES OF PROPERTY OWNERS Sec. 32-98. Generally. It is hereby made the duty of every property owner having property abutting on a public street to place and maintain a good and sufficient sidewalk and curb along such street and abutting the property, when and as directed by the Director of Public Works in conformity with policies and procedures approved by the city council. The director shall require sidewalks to be constructed or repaired when any of the following conditions exist: 1. Claim for injuries due to condition of sidewalks 2. A vertical displacement or hole of I %z" or more within grade 3. Need to connect to existing sidewalks 4. When safety hazard exists as documented by pedestrian accidents 5. When an ordinance requires construction. Corner lots shall be liable for the extension of curbs and sidewalks to the curb line each way. Only such sidewalks as are described in this article shall be placed in the city. (Code 1977, § 33-18; Ord. No. 12939, § 2, 6-21-99; Ord. No. 13301, 11-5-2001) Sec. 32-99. Duty to construct, repair, etc. A. The owner of any lot or tract of land within the city shall build and construct, rebuild or reconstruct and repair the sidewalk lying along and adjacent to his property, and such property owner shall grade, fill and park that portion of the street Tying between the property line and the street curb line, and build approaches. The term "approaches" shall be understood to mean the extension of sidewalks at corner lots, from the property line each way to the street curb line, being in fact the connection across the parkway or intervening space between the corner of the property and the crossing in the street including the construction of accessible ramps. B. Any such owner of any lot or tract of land within the city who, after having been duly notified in writing by the delivery by the Director of Public Works to such property owner of a written order directing such property owner to build or construct, rebuild or reconstruct or repair the sidewalk lying along and adjacent to his property. or grade, fill or park that portion of the street adjacent to his property and lying between the property line and the street curb line, shall fail, neglect or refuse to comply with the terms of such written order within thirty (30) days from the delivery thereof shall be deemed guilty of an erneanoroffence. (Code 1977, § 33-19; Ord. No. 13301, 11-5-2001) Sec, 32-100. Construction, repair, etc., under private contracts. In any case where the council desires to permit property owners to construct or repair sidewalks or to grade and park that portion of the street lying between the property line and the street curb line, under private contracts, the council shall by resolution provide that sidewalks shall be constructed or that portion of the street lying between the property line and the street curb line shall be graded and parked upon any street specified, and that the property owners shall be allowed thirty (30) days from the date of adoption of the resolution to construct such sidewalks or to grade and fill the parking herein described, under private contract. By such resolution, the Rer. 08/21/20M 3221 Department of Public Works shall be directed to prepare plans and specifications for such improvements. immediately after the adoption of such resolution, the Department of Public Works shall cause notice to be served upon the interested property owners of the adoption of such resolution and the time within which they must contract for the construction of the improvements named in such resolution. (Code 1977, § 33-20; Ord. No. 13301, 11-5-2001) Sec. 32-101. Construction by City At the e d of the time elven property owners to const uct or repair sidewalks that have been deemed defective air to grade and park that portion of the street wing between the property line and the street curb line, under private contact, the riQ t to so construct such improvements shall cease. and the city council shall enact an osdin� providing for the construction or reconstruction of dck�idcwelks, air for the Boding or parking of that portion of the street lying between the property line and the street curb line, to be paid for with special tax hills. Before the s .Il f9 f. n , , ,, ? v i v i 1 n '1 f ; i ,n Ile hir• 0 Public Works shall have prepared and filed with the city clerk plans and specifications. and an estimate of the cost f reol: and s i b flans 1-1 s ceifie i n• es i ft f est sh 1 h e been I rlv .l sv l r ino •tw Director of Public Works shall keep an accurate record and account of the separate items thereof. and make 41 written report thereof to the city council. and the ci y council shall pay for all labor and material and all other costs of suc�f work 4ttt of •-trty lungs the city tray have available for such pur,> tCode 1977, i 33-;15; Ord. No, 13301. 1 1-5-2001 1 Sec. 324102. Maintenance, etc. It shall be the duty of all persons owning or occupying any property in the city to keep in repair and free from obstruction the sidewalk and gutters in front of such property. Any person violating the provisions of this section shall be deemed guilty of an „is offence. (Code 1977, § 33-21) Sec. 32 I U1-1++NaltPiy n,n^� ftedra-n ��a-inee-Nele-.�..t•.... A pon-pro on for Per-missi ` , - n4-approval-ef-die City Conned, privately Poles, light fixtures and ,i _11 1 10 111 East 1-ligh and East Capital Streets:: C. Pale Style Victorian fluted. tapered D. Pole Height 10' minimum C. Pole Material Cast Alu ninum F. Pole Color Satin Black G. Pole Accessories Access Panel, with interie -aneher H. Globe Style Acorn 1. Globe Material Opaque Plastic Jefferson Zoning Ordinene• cner t-te-exceed--0:20-feat candles in all zoning -districts, except C 1 and 2 where up to 0.30 foot candles -are allowed Rev. 08/21/2018 3222 1. The base of the globe shall be a minimun is, the -fewest -mart of the fixture arm shall be a minimum of eight feet above ground level. 3. Pole bases shall be installed in accordance with the standar li. If the own e-er maintain the pole lighting. the Director of the Department of Public Works (Director) may give seven days` notice to the owner to correct any deficiencies. If the deficiency is not corrected within seven dais of CO City at the expense of the owner and permissive use of right of way may be revoked. If the Director ce to the owner and at the owner's expense, and the permissive use of the right of way may be revolved. er execs - .. • . Counselor, containing terms and provisions consistent with these guidelines. \1. Fees fora privately owned pole lighting plan shall be as set forth in Appendix Y. (Ord. 13620. § I , 9 15 2003; Ord. 14272, . l 0, 10 15 2007) Section 32-103. Sidewalks Required. A. No permit shall be issued for the reconstruction or construction of a new building, or a building addition, or a new or expanded parking lot, unless a sidewalk exists adjacent to the property or unless the plans for the building or parking lot provide for the construction of such a sidewalk. The requirements of this section shall apply to reconstruction, cumulative building additions and parking lot expansions following adoption of this ordinance, but shall not apply to the rehabilitation or renovation of existing buildings or parking Tots, or the construction of accessory buildings. Applicants may request a deferral of the requirement to construct sidewalks in accordance with Paragraph C below provided however that the obligation of owners of tracts with street frontages of 350 linear feet or more shall be limited to either (1) expending at least 5% of the total project cost (i.e., site development and building costs) toward public sidewalks; or (2) constructing at least 50 linear feet of sidewalk, whichever is greater in cost, with the remaining obligation deferred. For this purpose, project costs shall be estimated using the R.S. Means construction cost data services. In the event that the application of this subsection A of this section would result in the construction of a sidewalk which is too short to have any practical use, the director may reduce or eliminate the requirement, or extend the requirement to such an extent that a practical sidewalk can be built. (Ord. No. 14023, §1, 3-20-2006; Ord. 14097, §l, 10-2-2006; Ord. No. 14431, §I, 11/17/2008) B. Sidewalks shall be constructed in new Minor Subdivisions, as defined by Chapter 33, Subdivision Code. C. Sidewalk Deferral, Application. 1. Any property owner required to construct sidewalks under the provisions of subsections A and B, above, may request a deferral of the requirement to construct sidewalks in accordance with this sub -paragraph C. 2. Upon application by the owner, the Director of Planning and Protective Services (referred to hereinafter in this chapter as "Director") may approve a deferral of sidewalks otherwise required by sub -sections A and B above, as provided herein. Rev. 08/21/2018 3223 a. Applications for sidewalk deferral shall be completed on forms prescribed by the Director at the time of submittal of the site plan, when site plan approval is required, or if no site plan is required, with the building permit application. A copy of an application for a sidewalk deferral shall be provided to each member of the City Council immediately upon its submission. b. A decision on the deferral will be made within 10 days of application submittal. If the Director fails to act on the application within 10 days, the application will be deemed to have been approved. The Director's decision will be transmitted, in writing, to the owner of the property, to each member of the City Council, and lead project consultant, if applicable. The Director shall be entitled to request additional information from the applicant as well as to extend the time period for a decision with the consent of the appl icant. c. Appeals of the decision of the Director's decision shall be governed by Paragraph E. 3. Deferrals may be applied retroactively to developments previously required to construct sidewalks, or to new developments, when the criteria for such deferral is met. 4. Sidewalk deferrals granted for one project or time frame do not guarantee that that sidewalk will never be required in a specific location. A location may be included in an amended Sidewalk Master Plan or otherwise required to construct sidewalks, as the area develops, or as conditions change. 5. If the City has adopted a Sidewalk Master Plan and the location is shown on the Sidewalk Master Plan, at the time the application is submitted, as not having sidewalks required, no sidewalks shall be required and no deferral shall be necessary, provided that if no plan has been adopted then all areas shall be considered to have been designated as having sidewalks required. 6. Deferrals shall be granted when the Director finds that the location is designated to have sidewalks in the Sidewalk Master Plan and one or more of the following conditions exist: a. The City has plans to construct sidewalks to serve the development, or plans to widen or reconstruct the adjacent street which would require replacement of the sidewalk within five (5) years of the application for waiver deferral; or b. No curbs and gutters exist, and it is impossible to a reasonable degree of certainty to accurately predict the line and grade of future curbs and gutters; or c. The location is within an area zoned industrial and there currently are no sidewalks or pedestrian generators in the area, or d. An engineering analysis accepted by the Director demonstrates the terrain or other natural or geographic features of the location are such that it is not reasonable to construct sidewalks; or e. An engineering analysis accepted by the Director demonstrates an alternate pedestrian way within the site provides an acceptable alternative; or f. The development is proposed as very low residential density, consisting of single family dwellings on Tots of one (1) acre of more, provided such lots have street frontages of 350 feet or more; or The frontage is along (i) a state or federally designated route with a permitted speed in excess of 49 mph or (ii) a local street with a permitted speed in excess of 49 mph. h. The development was required to construct sidewalks under the terms of previously existing ordinances and did not comply with that requirement, but would not be required g. Rev. 08/21/2018 3224 to construct sidewalks if the event which triggered the original requirement to build sidewalks had instead occurred at the time the present application was made. i. If the requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardship for the owner (that is a hardship which would not be incurred by similarly situated property owners) the Director may, upon the consent of the Public Works and Planning Committee, grant a deferral. 7. Procedures for, and effect of, deferral. a. If a deferral is granted, the landowner shall not be required to install sidewalks at the present time, but shall be required to install sidewalks within twelve (12) months of notice from the City that sidewalks are now to be constructed and that the deferral has been terminated. b. Construction specifications shall be those applicable at the time the notice is issued. c. If the landowner does not construct sidewalks within twelve (12) months of the notice, the City shall construct such sidewalk and shall bill the landowner for the full amount of the City's costs in doing so. If the landowner fails to pay the bill within sixty (60) days the amount owed shall constitute a lien against the property. d. If a deferral is granted, the owner may as a condition of the deferral be required to grade the area in which the sidewalk would be located in preparation for a future sidewalk. e. If a deferral is granted, the deferral shall be considered to run with the land and any subsequent owner shall be entitled to rely on the same as well as assuming the same obligation to construct a sidewalk when requested to do so as provided in this chapter. The City Clerk shall record a notice, substantially similar to the noticed set forth below, with the County Recorder for each deferral: Notice of Deferral The real estate described in this Notice of Deferral was granted a deferral of the sidewalk requirements of the City of Jefferson, Missouri on , 20 . This deferral is subject to the conditions set forth in the City Code and are subject to change from time to time. The granting of a deferral of the sidewalk requirements is not a permanent waiver of sidewalk requirements for this real estate and does not mean that the sidewalk requirements will never be imposed for this real estate. This real estate may subsequently be included in an amended Sidewalk Master Plan or otherwise required to construct sidewalks, as the area develops, or as conditions change. The property affected is more particularly described as: [set forth legal description here] D. Appeal of Denial of Deferral. 1. The denial of a deferral by the Director may be appealed to the Planning and Zoning Commission. a. applicant aggrieved by the decision of the Director may file a written appeal to the Planning and Zoning Commission, addressed to the City Clerk, within 10 days of the decision of the Director; b. Upon receipt of the appeal, the Planning and Zoning Commission shall schedule a hearing on the appeal. c. The burden of proof at the hearing shall be upon the applicant to show that the applicant is Rev. 08/21/2018 3225 eligible for the relief requested. (Ord. No. 14621, §I, 12-21-2009) 2. This decision of the Planning and Zoning Commission shall be final. (Ord. 14920, §2-20-2012) E. Major Subdivisions. The preceding subparagraphs notwithstanding, sidewalks shall be constructed in new Major Subdivisions (as defined by Chapter 33 Subdivision Code) as follows, unless the owner requests, the Planning and Zoning Commission reviews and the Council approves, a variance under (1) or (2) below. For the purposes of this Chapter, the terns "new Major Subdivision" shall mean any subdivision approved by the Council after November 20, 2007. I. When the Council determines in a Major subdivision that, through submission of an engineering study that includes appropriate details such as cross-sections, grading plans, and requirements for sidewalks because of the presence of unusual circumstances or conditions, including without limitation, topographical conditions, and that the strict application of the requirements for sidewalks would either prevent, or present a serious obstacle to the formation of a plat for the reasonable use and development of land, the Council may permit the owner to vary from the requirements for sidewalks or the location thereof. 2. The Council may permit a developer to vary from the requirement for sidewalks if the Commission determines that an Alternate Pedestrian Way Ilan submitted by the developer with the preliminary plat provides adequate access throughout the subdivision. Such a plan must provide a continuous system of paved walkways located within easements dedicated as pedestrian ways. The Council may require such width not to exceed ten (10) feet and such illumination as may be appropriate to assure safety. F. Construction Standards. 1. Sidewalks shall be constructed in accordance with the following street classifications. Street classifications and location of sidewalks on local or cul-de-sac streets shall be determined by the Director: Street Type Sidewalk Requirement Sidewalk Width Arterial Both sides 5 feet Collector Both sides 5 feet Local commercial or commercial cul-de-sac Roth sides 5 feet Residential cul -dc -sac or local street One side -1-5 feet 2. Sidewalks shall be located a minimum of three (3) feet from the back of the curb where possible, or other location as approved by the Director. 3. Sidewalks shall be constructed in accordance with the latest edition of the City of Jefferson Standard Construction Drawings on file in the Department of Planning and Protective ServicesPubIic Works. G. Time for Construction Rev. 08/21/2018 The developer shall install all sidewalks, as required by this section, or by the Council pursuant to a variance as allowed by this section, not later than two (2) years ager the date when the abutting street is accepted or not later than five (5) years after the first building permit is issued, whichever comes first; provided however, that the sidewalk for each lot within a subdivision 3226 shall be completed and approved before an occupancy permit for a structure on the lot is issued. 2. No certificate of occupancy shall be issued for any building or parking lot for which a sidewalk is required unless the sidewalk has been constructed or the property owner has provided a bond, cash escrow or letter of credit or other instrument acceptable to the Director of Planning and Protective Services guaranteeing construction of the sidewalk within not more than six (6) months of issuance of the certificate of occupancy. H. Enforcement 1. If the sidewalks required by this section, or alternate paved walkways required by the Council pursuant to a variance as allowed by this section, are not completed within two (2) years from the date abutting streets are accepted, or within five (5) years after the first building permit is issued, whichever comes first, the building official shall decline to issue any further permits of any type to the developer in conjunction with the subdivision where the violation is occurring, or in conjunction with any other activity at any location requiring permits by the building official, until the violation is cured. In addition, the Council may impose a penalty on the developer, in an amount not to exceed One Hundred Dollars (S100.00) per day for each day the violation persists. 2. Cause the sidewalks to be completed at the City's expense, and may cause a special tax bill to issue as to each lot within the subdivision for which the City has incurred the expense of constructing sidewalks, in an amount of two (2) times such expense incurred, together with the amount of any penalties accrued under subsection la, above. Any special tax bill issued pursuant to this subsection may be enforced in the same manner as a tax bill issued for the improvement of a sidewalk within the City. a. Other Recourse. Nothing within this section shall impair the ability of the City or a property owner to seek any other recourse against a developer for failing to install sidewalks as required by this section. (Ord. 13628, §3, 10-6-2003) (Ord. No. 14519, §sl, 4-20-2009; Ord. No. 14023, §I, 3-20-2006; Ord. 14097, §1, 10-2-2006; Ord. 14277, §1, 11- 19-2007; Ord. No. 14431, §1, 1 I -17-2008; Ord. No. 14431, §1, 11-17-2008; Ord. No. 14621, §1, 12-21-2009) Sec. 32-104. Required sidewalk plan. There is hereby adopted a Required Sidewalk Plan, which shall serve as the Sidewalk Master Plan referred to in this Article, said plan being attached to this Chapter as Appendix 32-A. (Ord. No. 14637, §1, 2-1-2010) Secs. 32-105 - 32-112. Reserved. Rev. 08/21/2018 3227 _DIVISION 3. CONSTRUCTION, ETC.. BY CITY Sec. 32 113, [ nact4H{#inaiteef-filing-of-plan eie:llents r,half czes2, and thz zit) council shall znu' an rcvidine, for the iave-proparad-and Iniad with the Cray cI2rk plan=: and spc ifiontions, and an estimate f the 0oct th.:rc I', and such Mans and apocili s.ticns (Intl catiHmtz .1 zec4 A011 1iaw I.ioes44 iy armed R.,eci,c4441,:,4a4to.k. The city clerk shall, • ales otherwise di ec-tcd by the council, advertise for bids for the doing of such work in the newspaper -d; ; g the official city printing. Such aa° e-tise ent ' per, or in at taily-aewsaper. The advertisement shall state the amount of deposit required of each bidder. The kind, amount and condition of such deposit required of such bidders shall be in accordance with the provisions of section 32 69. (Colic 1977. 33 23: Ord. No. 13301, 11 5 2001) ce,, z2Open:. ging of ,.. ntraet a date at least ten (10) days after the date of the first publication of the advertisement for such bids. All contracts awarding of a contract..\ny bid nay be accepted and any contract may be awarded o the council. (Code 1977, § 33 21) See. 32-115. Repair. ordinance, provide for the repairinz of such sidewalk by the Director Secs. 32-116 - 32-119. Reserved. Rev. 08/21/2018 3228 DIVISION 4. SIDEWALK REPAIR PROGRAM See. 32-120. Purpose. The purpose of this section is to utilize available funding to maintain and repair a valuable part of the City's transportation plan, namely its sidewalks, without cost to the adjacent property owners. This is meant to supplement and assist in maintenance and repair and not to replace any other obligation found within this chapter. Sec. 32-121. Sidewalk Repair Program funding. Each year within the City's budget the City Council may shall approve a line item titled Sidewalk Repair ro - and 'funds _h lI ' _ _-__' c _'u:•d_°°° for the repair of existing sidewalks. Additionally, each year the City Council shall identify what funds if any shall be used from sales tax proceeds to be used for sidewalk repairs. Sec. 32-122. Staff to identify sidewalks to be repaired. Upon funding being identified, the City staff shall identify areas of sidewalks to be repaired utilizing the funding identified by the City Council. City staff shall identify these sidewalks based upon the condition of the sidewalk and use of said sidewalks. This sidewalks identified shall be submitted to the City Council for approval or amendment. Sec. 32-123. Approval by City Council The City Council shall by resolution. approve or amend the list of sidewalks submitted to the City Council. Sec. 32-124. Action by City Staff Upon approval by the City Council, the City staff shall implement repairs in a tirnel. fashion. Sec. 32-125. No share required from property owner. The adjacent property owner shall not be required to contribute to the cost of any repair funded from the Sidewalk Repair Program. Sec. 32-126. Obligation to repair not negated. Nothing in this division shall relieve the property owner from their obligation to maintain good and sufficient sidewalk and curb. (Ord. No. 14756, § 1, 12-20-2010) Rev. 08/21/2018 3229 ARTICLE V. EXCAVATIONS DIVISION 1. GENERALLY Sec. 32-127. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Arterial Street. A roadway which is functionally classified as carrying traffic on cross town trips. Roadways shall be so designated by the Director of Public Works. (Ord. No. 13301, 11-5-2001) Business hours. The hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, except City holidays. Director. Director of Public Works or a designated representative. (Ord. No. 13301, 11-5-200I ) Disturbance of right-of-way. Any movement of earth. movement of existing facility, or placement of new facility on right-of-way. Nonbusiness hours. All periods of time other than business hours. Public utility. Any utility engaged in the business of selling and supplying natural gas, electricity, water, sanitary sewer, telephone, or cable television service. 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. Roadway. Any street, alley, avenue, drive or boulevard or other public way within the city. Unimproved right-of-way. Any right-of-way within the city lying outside of a roadway or upon which there is no roadway. (Ord. No. 11955, § 1, 9-7-93) Sec. 32-128. Permit required. A. Except as provided in subsections (B) and (C) of this section, a person shall not disturb, excavate, or cause a disturbance or excavation to be made in any roadway or right-of-way, without first obtaining a permit from the director. Should an excavation in an unimproved right-of-way require excavation in an intersecting roadway, an additional permit shall be obtained for a roadway excavation. B. Upon a failure in the facility of any public utility, necessitating immediate repair to prevent injury to persons or property or to restore essential public utility service, a public utility, director during business hours may make any excavation necessary to remedy the failure, without first obtaining a permit. In such an occurrence the excavator shall apply to the director for a permit before 12:00 noon of the next business day. C. A permit will not be required for installation of service lines to serve new home construction in the unimproved right-of-way in newly developing subdivisions if the unimproved right-of-way is adjacent to the property being served. In such cases, the surface of the unimproved right-of-way shall be restored when the fawn is completed. D. Once a permit has been closed, any additional work will require a new permit, and the base fee will be charged again. Rev. 08/21/2018 3230 (Ord. No. 11955, § 1, 9-7-93) Sec. 32-129. Permit application. A. During normal business hours applications for permits shall be filed with the director on forms provided by the director. The form shall provide appropriate spaces for the name, location and type of surface construction of the roadway or right-of-way to be excavated, the estimated dimensions of the area to be excavated, the estimated cost and the actual cost of the permit, the probable period of excavation and such other information as may be required by the director. B. When an excavation is required in any roadway or right-of-way during nonbusiness hours to correct a failure in any private utility or sanitary sewer service, the excavator shall apply to the director for a permit before 12:00 noon of the next business day. C. Any public utility causing an excavation to be made under the provisions of subsection (B) of section 32- 128 shall apply to the director for an excavation permit before 12:00 noon of the next business day. (Ord. No. 11955, § 1, 9-7-93) Sec. 32-130. Permit fees, deposits, and issuance. A. Upon receipt of an application for a permit required by this division, the director shall compute and subscribe thereon the estimated cost of the permit. Fees shall be as set forth in Appendix Y. 1. On the unimproved portion of any right-of-way 2. On roadways, a base charge 3. On bituminous roadways, other than those with areas in excess of 100 square feet, a charge per square foot of surface area if the permit holder chooses to have the Department of Public Works replace the surface course. 4. The base fee for any roadway excavation permit and the flat fee for any unimproved right-of- way permit shall be double the established rates if the application for permit is not made in accordance with section 32-129. 5. For use of city owned plates to protect excavations from traffic 6. For a bundle of 25 lathes to be used to display excavation permit cards at sites 7. For resetting of street signs 8. For repair of street signs, signal cables and other city facilities, a charge based on actual cost for materials, equipment, and labor. 9. For completion of work not done in a timely manner, or correction of deficient work, a charge based on actual costs of materials, equipment and labor. a. Any person desiring to do the resurfacing work rather than having the city do such work, shall pay only the minimum charge for the work being done. B. Except as provided in subsection (C) of this section, the applicant shall deposit the amount of the estimated cost of the permit payable to the city. The director shall then issue the applicant a permit and permit card authorizing the excavation described in the application. Rev. 08/21/2018 3231 C. A public utility or any other person, at the discretion of the director, may deposit with the finance department the sum of one thousand dollars ($1,000.00) in cash or certified check payable to the city and thereafter pay to him on the first day of each month the actual cost of all permits previously issued to the public utility or person for excavations which have been backfilled and completed since the first day of the preceding month. In lieu of such cash or check, a corporate surety bond may be filed with the city clerk, to be approved by the mayor, conditioned on performance by the applicant of this subsection. D. The director shall compute the actual cost of each permit by exact measurement of the excavated area. If the estimated cost exceeds the actual cost of the permit, the overpayment shall be refunded or credited to the next permit applied for, at the option of the permit holder. If the estimated cost is Tess than the actual cost of the permit, the applicant shall be billed for the additional amount, which shall then be due and payable. E. The director shall not issue a permit to: 1. Any person indebted to the city for a previous permit under any provision of this article. 2. Any public utility failing to comply with the provisions of subsection (C) of this section. 3. Any person or public utility for a period of one year, when the person or public utility has been convicted of two (2) or more separate violations of any of the provisions of this article within a period of twenty-four (24) consecutive months. Such period of one year shall commence on the date of the second conviction. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001; Ord. 14272, §10, 10-15-2007) Sec. 32-131. Display of permit. Each excavation permit shall be in the possession of a person present at the excavation area during normal business hours, and each permit card shall be displayed publicly at the excavation area. (Ord. No. 11955, § 1, 9-7-93) Sec. 32-132. Permit records. The director shall keep an accurate and complete record of all street excavation permits and index such permits by street location. (Ord. No. 11955, § 1, 9-7-93) Sec. 32-133. Continuity of work. Every excavation shall be performed in a continuous operation, during normal working hours on consecutive working days on which suitable working conditions exist, from the time of initial excavation to the completion of backfilling, pavement repair, and/or seeding. The permit holder shall be responsible for the timeliness and quality of the completed work. (Ord. No. 11955, § 1, 9-7-93) Sec. 32-134. General procedures for performing. Rev. 08/21/2018 3232 A. AH excavations in any right-of-way or any roadway in the city shall conform to the description and details contained in the City of Jefferson Standard Construction Drawingsin the city shall be made in the following manner: 1- Location of new facilities to be—cnstt-ucted on right of way shall be approved by the director prior to advertising for bids on wof4 -4e ,e--eontrae-ted. No new facilities shall be constructed y� is imposed by location outside the roadway. The edge of rbs-outtidc 2. Whenever excavation is performed with+n 300 feet of a traffic signal, the permit holder shall contact the street division of the Public Wo . ' tor of the time the excavation is to be commenced at least two (2) hours before commencement of excavatiom 1. For wort: involving closing a roadway to traffc ve (5) working days' notice shall be required. The director may roquir t-t;et—lesings--b ediate-r pa waive the required notice. No roads director. When conditions warrant closing a street to traffic, the permit hoidcr shall notify the communications division of the police department The permit holder shall provide, erect and—maintain such barricades, -signs, flags, torches, Manual on Uniform Traffic Control Devices. third of the pavement ti • dway with a sur —sme contractor fails to saw the pavement, the city sl face deficiency, the pavement ? Where surface exists, the roadway paven ent s) all ' r©me trenching machine is used. Where deem 3. In the event the entire width of a roars -way is to be excavated, the excavation and backfill shall be the remaining half ofthc roadway if practical as determined by the director. acreement from tt a tireector—nmst-be-ebtain street. 3�-�rtE Fltii-� 6. In the event an excavation -crosses a curb-er curb and gutter, the curb or curb and gutter must be Rev. 08/21/2018 3233 gutter. (Ord. No. 11955. g 1.9 7 93) -eel:dance with -the above uideiines..11I curb and e -d Sec. 32-135. Backfill procedures. A. All excavations within any right-of-way or any roadway of the city shall be backfilled in conformance with the description and details contained in the City of Jefferson Standard Construction Drawings. the fbl L„ ... Backfilling shall be accomplished as quiet.[ reasonable and necessary by the director. Bad:fill of excavations under paved portions of-th tii im lifts not exceeding eight (81 i ccd in he-plaeed. 5. Excavatiot ') inches of the bottom oftlle pavement to shall be left flush with the adjacent arca. It shall be the permit holders responsibility to repair d'r�,�iona �Lr aoircmen-T nay approve the use of excavated �l f - backfill 2. ,\I1 backfill material shall be placed in the cxeavation in lifts -not exceeding -eight (8) inches. Each lift shall be compacted with a flat plate tamper appropriate for the material being used before -any adtlitional-material-is-placed in the excavation, 3. Crashed stone aggregate shall be placed within one toot of the bottom of the pavement repair. laced -in -the excavation. Rev, 08/21/2018 inch thickness of concrete pavement on arterial streets; six (G) inch thickness of eerie -Fete _ . t -shall t 3234 (V..) inch from that specified, In traffic lanes high early stye-aagt4 . concrete and four (4) percent calcium per yard of coneret ;=shall be used. In other areas a minimum of six and one half b• rd of cone -rete shall be used. All concrete slial-1 b _• - ; s -pave;, -,,t&: he --top of the concr onc and one half inches below the top of the existing pavement. In portland cement concrete -,tee-ad-aeent-pavemeat. The concrete shall be _ is it develops adequate strength and the -asphalt surface course, if needed, is placed. Plates -to -protect th In bituminous pavements that are not classified as arterial, backfill of excavations that have a m' ! : -ene-hundred (100) feet may be topped with _„sphatt lyse course in lieu of concrete. The asphalt -base course shall be seven (7) inches in 44' 1 -for -asphalt -base. The asphalt shall be placed i+rNvo (2) lifts by a self propelled mechanical laydown machine. Each lift shall be compacted by a steel wheeled vibratory roller before any additional material is placed on top of it. The top -of the asphalt base shall be held onc and one half (1 '.'_) inches below the top of the existing pavement. asphalt surface course. The-asphalt-shallmeetstandard specifications and be of the grade 7. No concrete pavei (Ord. No. 11955. § I, 9-7 93) Sec. 32-136. Maintenance and resurfacing. A. The permit holder shall maintain the excavation until the surface is restored and the permit is closed out by the director. This responsibility includes keeping the cut flush with the street at all times, providing barricades as needed and keeping the cut square. In addition, the permit holder shall be responsible for repair of any damage due to vandalism, accident, act of God or other means, and shall perform all work necessary to prevent further damage. B. The permit holder shall restore unimproved portions of any right-of-way with material identical to that of the surrounding right-of-way surface. C. The permit holder shall completely restore any excavation made in portland cement concrete pavements and any excavation in asphalt pavement in excess one hundred (100) square feet in surface area. The Department of Public Works will restore the asphalt surface (not concrete base) in bituminous paved surfaces of one hundred (100) square feet or less if desired and paid for by the permit holder. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001) Secs. 32-137 - 32-159. Reserved. Rev. 08/21/2018 3235 ARTICLE VI. DRIVEWAYS AND CURB CUTS DIVISION I. GENERALLY Sec. 32-160. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Driveway. The surface area extending from the roadway surface across all or any portion of the adjacent right-of-way. 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. Plans. The standard driveway plans, marked "Appendix 'C,"' to Ordinance 7138 on fi-le in the effiee ofihe eri; le;4as depicted in the current addition of the City of Jefferson Standard Construction Drawines and expressly incorporated by reference into the provisions of this article. 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. Roadway. Any street, alley, avenue, drive or boulevard or other public way within the city. Specifications. The standard driveway specifications, as depicted in the current addition of the City of Jefferson Standard Construction Dratvinesmarked "-�ppendi-x-'$_=te-9r-dinance 7138 on file in the office of the ei e k and expressly incorporated by reference into the provisions of this article. (Code 1977, § 33-54) Sec. 32-161. Plans and specifications adopted by reference. The standard driveway specifications, as depicted in the current addition of the City of Jefferson Standard Construction Drawings e z' .. . 2 2 . ached "Appendix 'C,"' to Ordinance No. 7135 both of which documents ore on tilt. in the office of the, city clerk. are hereby adopted and expressly incorporated by reference into this chapter as the official driveway plans and specifications for the city. (Code 1977, § 33-55) Sec. 32-162. Standards of performance. A. The standards of work for the construction, alteration or relocation of any driveway, or the cutting and removal of any curb in any right-of-way are established as those appearing in the plans and specifications adopted by section 32-16I. B. Every person doing any work involving the construction, alteration or relocation of any driveway, or the cutting 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. Re,'. 08/21/2018 3236 (Code 1977, § 33-60) Sec. 32-163. Curb replacement where driveway no longer in use, etc. Upon a determination by the Director of Public Works that any driveway 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 Director of Public Works 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 driveway within thirty (30) days from receipt of the notice, and the owner shall replace the curb as directed in the notice. (Code 1977, § 33-62; Ord. No. 13301, I 1-5-2001) Sec. 32-164. Driveway width. A driveway constructed, altered or relocated to serve residential property shall not. without special permission from the city council, exceed twenty four (4 24) feet in width, except when a three vehicle garage faces the street in which case the driveway width may be 30 feet. and a driveway constructed, altered or relocated to serve nonresidential (commercial, business or industrial) property shall not exceed forty (40) feet in width, unless the city council, through the Department of Public Works, authorizes in writing the construction of a driveway at a greater width. (Code 1977, § 33-63; Ord. No. 13301, 11-5-2001) Sec. 32-165. Driveway location. No part of a driveway shall be constructed altered. relocated or maintained outside of the frontame of the ro ertv served by the driveway. No ortion of a driveway a . ron shall extend ast the face of the curb and into the gutter .ortion of an , roadwa No portion of a driveway shall be located within three (3) feet of any pedestrian crosswalk. Secs. 32-165 - 32-175. Reserved. Rev. 08/21/2018 3237 DIVISION 2. PERMIT Sec. 32-176. Required. A. Subject to the provisions of subsection (B) of this section, no person shall construct, alter or relocate a driveway, or cut and remove any curb within any right-of-way, without first filing an application with, and securing a permit from, the Director of Public Works. B. A permit shall not be required for a driveway when the curb is fashioned for a driveway entrance and the driveway apron approach is constructed at the time the roadway is constructed. (Code 1977, § 33-56; Ord. No. 13301, 11-5-2001) Sec. 32-177. Application. A. The form of the application shall be prescribed by the Public Works Department. B. The original and two .. The original application shall be signed by the owners of the land described therein tnd-t-heiFsignatuie 13aH-be—aelot wledecd in the same w for in •-. If the applicant is not the owner of the land described in the application, the original application shall also bear the signature of the applicant. and the signattt C. 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. (Code 1977, § 33-57; Ord. No. 13301, 11-5-2001) Sec. 32-178. Fee and issuance. A. There is hereby established a fee as set forth in Appendix Y, for a curb cut or driveway permit, which amount shall be paid to the Director of Public Works; provided, however, if any wedging is necessary, this amount may be revised to include the minimum cost of the bituminous street cut permit.he f;-.n,,nn department shall endorse its receipt of the permit fie on the original and both copies of the application. B. Upon presentation of the original and one copy of the application be•iring the receipt of the finance depatantem4heThe Director of Public Works shall keep the original application, attach the permit to thea copy of the application and deliver such permit and application to the applicant. (Code 1977, § 33-58; Ord. No, 13301, 11-5-2001; Ord. 14272, §10, 10-15-2007) Sec. 32-179. Inspection and approval or disapproval of work; return or retention of security deposit. The Director of Public Works shall inspect the work described in the 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 Rer. 08/21/2018 3238 good condition as existed before the work started, the Director of Public Works 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. (Code 1977, §§ 33-61(a); Ord. No. 13301, 11-5-2001) Sec. 32-180. Records. The Director of Public Works shall see that an accurate and complete record of all permits issued, indexed by street locations, and all original applications for permits to construct, alter or relate a driveway or to cut and remove any curbs are kept and maintained. (Code 1977, § 33-59; Ord. No. 11904, § 4, 5-17-93; Ord. No. 13301, 11-5-2001) Secs. 32-181 - 32-191. Reserved. Rev. 08/21/2018 3239 3ARTICLE VII. PARADES Sec. 32-192. Definitions. As used in this article, the following terms shall mean as follows: Parade. Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the city. Parade permit. A permit as required by this article. Sec. 32-193. Permit required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police. (Code 1977, § 23-135(a),(f)) Sec. 32-194. Permit application. A. A person seeking issuance of a parade permit shall file an application with the chief of police not less than seven (7) days before the date on which it is proposed to conduct the parade on forms provided by such officer. B. The application for a parade permit shall set forth the following information: 1. The name, address and telephone number of the person seeking to conduct such parade. 2. The parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization. 3. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct. 4. The date when the parade is to be conducted. 5. The route to be traveled, the starting point and the termination point. 6. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles. 7. The hours when such parade will start and terminate. 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed. 9. The location by streets of any assembly areas for such parade. 10. The time at which units of the parade will begin to assemble at any such assembly area or areas. 11. The interval of space to be maintained between units of such parade. 12. If the parade is designed to be held by, and on behalf of or for, any person other than the Rev. 08/21/2018 3240 applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. 13. Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue. C. The chief of police, where good cause is shown therefor, and with the written approval of the mayor, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date such parade is proposed to be conducted. (Code 1977, § 23-135(b)) Sec. 32-195. Standards for issuance. The chief of police issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: A. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. B. The conduct of the parade will not require the diversion of so great a number of police officers of this municipality to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this city. C. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this city other than that to be occupied by the proposed line of march and areas contiguous thereto. D. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas. E. The conduct of such parade will not interfere with the movement of fire -fighting equipment en route to a fire. F. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. G. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. H. The parade is not to be held for the sole purpose of advertising any product, cause, goods or event and is not designed to be held purely for private profit. (Code 1977, § 23-135(c)) Sec. 32-196. Notice of permit rejection. If the chief of police disapproves the permit application, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of his action. Rev. 08/21/2018 3241 Sec. 32-197. Alternative permit. The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within two (2) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this article. Sec. 32-198. Contents of permit. Each parade permit shall state the following information: A. Starting time. B. Minimum speed. C. Maximum speed. D. Maximum interval of space to be maintained between the units of the parade. E. The portions of the streets to be traversed that may be occupied by the parade. F. The maximum length of the permit in miles or fractions thereof. G. Such other information as the chief of police shall find necessary to the enforcement of this article. Sec. 32-199. Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. Sec. 32-200. Compliance with law required. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (Code 1977, § 23-135(g)) Sec. 32-201. Revocation of permit. The chief of police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth. Sec. 32-202. Obstruction, interference, etc. Whenever the chief of police issues a permit under this article, no nonparticipant in such parade shall obstruct or in any way interfere with the order of such march, parade or procession by any means whatsoever. (Code 1977, § 23-135(e)) Rev. 08/21/2018 3242 Sec. 32-203. Exceptions. This article shall not apply to: A. Funeral processions. B. Students going to and from school classes or participating in education activities, providing such conduct is under the immediate direction and supervision of the proper school authorities. C. A governmental agency acting within the scope of its functions. Secs. 32-204 - 32-209. Reserved. Rev. 08/21/2018 3243 ARTICLE VI11. NEWSRACKS Sec. 32-210. Intent and purpose. The city council of the City of Jefferson, Missouri, finds and declares that: A. The uncontrolled placement of news racks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic -control and emergency services. B. News racks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly news racks located therein, constitute public nuisances. C. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety and general welfare of persons in the City of Jefferson in their use of public rights-of-way. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-211. Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Block. One side of a street between two (2) consecutive intersecting streets. Distributor. The person responsible for placing and maintaining a news rack in a public right-of-way. News rack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals. Parkway. That area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include the area within a roadway which is not open to vehicular travel. Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel. Sidewalk. Any surface provided for the exclusive use of pedestrians. Street. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-212. Permit required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place, in the City of Jefferson any news rack without first having Rev. 08/21/2018 3244 obtained a permit from the city specifying the exact location of such rack(s). One (1) permit may be issued to include any number of news racks. All news racks on a public street or sidewalk, or in any other public way or place, on the date this article becomes effective shall comply with the provisions of this article, including permit requirements, within thirty (30) days after the article becomes effective. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-213. Application for permit. Application for such permit shall be made, in writing, to the Director of Public Works upon such form as shall be provided by the director, and shall contain the name and address of the applicant, contain the proposed specific location of said news racks, and be signed by the applicant. The application shall also contain the name, address and phone number of a person designated by the applicant to receive the notices and emergency calls designated in this article. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32-214. Conditions for permit. A. Permits shall be issued immediately upon application for the installation of a news rack or news racks without prior inspection of the location, but such news rack or news racks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this article. B. Such permits shall be valid for one (1) year and shall be renewable pursuant to the procedure for original applications referred to in section 32-213. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-215. Standards for maintenance and installation. Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: A. No news rack shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness. B. No news rack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the newspaper or news periodical. C. Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin -return mechanism, or to give the notices provided for in this article. D. Each news rack shall be maintained in a neat and clean condition and in good repair at all times. (Ord. No. 10219, § 6-4-84) Sec. 32-216. Location and placement of news rack. Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: Rev. 08/21/2018 3245 A. No news rack shall be permitted to rest upon, in or over any public sidewalk or parkways, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location unreasonably interferes with public utility purposes, public transportation purposes or other governmental use, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence or place of business or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted and located at or near said location. 13. No news rack shall be chained or otherwise attached to any public property, except that news racks may be bolted to the sidewalk under guidelines established by the Director of Public Works. The guidelines shall minimize cracking or other damage to the sidewalk, shall minimize hazardous projections, and shall require installation of a nature which tninimizes damages and hazardous projections when the rack is removed. (Ord. No. 13301, l 1-5-2001) C. News racks may be chained or otherwise attached to one another. No more than three (3) news racks may be joined together in this manner, and a space of no less than twenty-four (24) inches shall separate each group of three 93() news racks so attached. D. Notwithstanding the provisions of subsection (a), no news rack shall be placed, installed, used or maintained: 1. Within three (3) feet of any crosswalk. 2. Within fifteen (15) feet of any fire hydrant. 3. Within five (5) feet of any driveway, public or private. 4. Within fifty (50) feet of any fire or police station. 5. Within three (3) feet ahead or thirty (30) feet to the rear of any designated bus stop sign, except that this provision does not prohibit a news rack on the building side of the sidewalk in this area as long as it complies with the other provisions of this article. 6. Within five (5) feet of any designated taxi stand or place narked for handicapped parking. 7. Within three (3) feet of any bench or the entrance to a bus shelter. 8. On the same side of the street in the same block with any other news rack which contains the same issue or edition of the same newspaper or news periodical. 9. So as to interfere with or impair the vision of operators of vehicles at street intersections and/or street and alley intersections. 10. In such a manner as to impede or interfere with the reasonable use of a window used for display purposes. A news rack placed at least six (6) feet away from a display window does not impede or interfere with its reasonable use. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-217. Violations. A. news News rack installed, used or maintained in violation of the provisions of this article shall be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention to retnove the news rack if the violation is not corrected within seven (7) days, and the procedure for obtaining a hearing before the city administrator, if desired. In addition, an order to correct the offending condition will be Rev. 08/21/2018 3246 issued to the distributor of the news rack by mailing a copy of the order by certified mail, return receipt requested. B. If the news rack remains in violation past the seven-day correction period, and no hearing has been requested, the news rack shall be removed by the Director of Public Works or his designated officer and stored in any convenient place. The Director of Public Works or his designated officer shall notify the distributor by mailing a "notice of removal" to the last known address of the distributor. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the city administrator. Any such news rack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within forty-five (45) days after such removal. The cost of the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack within forty-five (45) days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of the city Code. (Ord. No. 13301, 11-5-2001) C. Any news rack in violation of the provisions of this article, which violation creates an immediate danger to the health, safety or welfare of the public, and which cannot be corrected by moving or otherwise repositioning the news rack, may be removed and stored in a convenient location so as to eliminate the danger. The Director of Public Works or his designated officer shall notify the distributor by mailing a "notice of removal" to the last known address of the distributor. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the city administrator. Any news rack removed and stored pursuant to this paragraph shall be released to the owner thereof if claimed within forty-five (45) days after the mailing of written notice of removal. The cost of the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack within forty-five (45) days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of this city Code. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32-218. Appeals. Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this article may appeal, and shall be apprised of the right to appeal, to the city administrator. An appeal must be perfected within seven (7) days after receipt of notice of any protested decision or action by filing with the office of the city administrator a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten (10) days after the receipt of the letter of appeal. A hearing shall be held on a date no more than ten (10) days after the receipt of the letter of appeal. Appellant shall be given at least seven (7) days' notice of the time and the place of the hearing. The city administrator shall give the appellant, and any other interested party, a reasonable opportunity to be heard. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of whether or not the news rack is in violation of the provisions of this article, and whether or not the procedures required by this article have been substantially followed. The city shall be required to present its evidence first. All testimony shall be under oath, which shall be administered by the city administrator. Within ten (10) days from the date of the hearing, the city administrator shall render his decision and shall mail a copy of that decision to the distributor. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-219. Disclaimer. This article, while regulating news racks in public rights-of-way, is not to be construed as a sanction of Rev. 08/21/2018 3247 them. The first amendment to the Constitution of the United States has been interpreted by the courts as prohibiting the banning of news racks. Therefore, nothing contained in this article shall be construed as the city's acquiescence in, liability for, or assumption of the risks of the placement of news racks in the city, whether or not they are in conformity with the provisions of this article. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-220. Severability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 10219, § 1, 6-4-84) Rev. 08/21/2018 3248 ARTICLE IX. SIDEWALK CAFES. Sec. 32-230. Sidewalk cafe permits. The Department of Planning and Protective Services may issue a permit to use a City sidewalk, pursuant to this section of the Code of the City of Jefferson, for a sidewalk cafe, subject to the following conditions: A. The permittee shall at all times comply with ordinances of the City of Jefferson, Missouri and laws of the State of Missouri, as well as applicable rules and regulations pertaining to the handling of food and the operation of a restaurant. B. A permit shall be granted to permittee only in conjunction with an existing restaurant in an area adjacent to such restaurant. A permit may be granted upon a determination that the operation of the sidewalk cafe does not prevent the reasonable use of the City sidewalks by the public and that it does not interfere with businesses in the area. The permittee shall limit the use of the sidewalk to those activities that have been approved. C. The permittee shall submit with the application a plan showing disposal procedures for litter, which include procedures for keeping the area clean, and which shall include sweeping the sidewalk every day the area is utilized by customers. The permittee shall make adequate provision for the disposal of litter and shall maintain the premises used for said sidewalk cafe free of litter. Litter generated by the sidewalk cafe operation shall be the responsibility of the permittee, and the permittee shall make reasonable provision to see that such litter does not become a nuisance and is properly picked up from the public ways in and around the sidewalk cafe. The City may require a bond or cash to guarantee that the area will be cleaned up. The permittee shall have a trash receptacle provided by the business for use by the customers eating outside or alternate plan approved by the city staff. In the event the permittee does not clean up the area, the City reserves its right to do the cleaning itself and to charge the permittee for the cost of the cleanup. This charge shall be a private debt against the permittee, and failure to pay shall constitute cause to revoke or not renew the permit. The City may also revoke the permit for failure to properly maintain and sweep the area identified on the permit including public trash cans. D. The permittee shall at all times maintain insurance in an amount not less than five hundred thousand dollars ($500,000) to protect the City from any liability which might arise from the activities in the area, in an amount and form to be determined by the law department of the City of Jefferson, Missouri. Permittee shall submit copies of said insurance to the finance department for approval prior to licensee commencing the operation of the sidewalk cafe. E. Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the Director of Planning and Protective Services has authorized the same and a permit is issued by the City to do the work. In no event shall the work exceed that which is described in the permit as approved by the City. F. The permittee shall remove all chairs and tables at the end of each working day, as well as all other appurtenances, unless permission is otherwise granted in the license. G. The permittee shall at all times maintain a four (4) foot throughway on the sidewalk for pedestrian access. H. The permittee shall agree to indemnify and hold harmless the City of Jefferson, Missouri with respect to any claims that might be made, arising out of the operation of the sidewalk cafe. The permittee shall accept the permit, subject to his own determination, concerning the authority of the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not the City has said authority is upon permittee. The City makes no affirmative representations concerning its authority to grant said permit. Rev. 08/21/2018 3249 1. In the event the permittee violates any of the conditions of this Article or conditions which are a part of the permit, the Director of Planning and Protective Services shall have the authority to suspend or revoke said permit or the license to operate a restaurant, pursuant to procedures set forth in this Article. Permittee shall thereafter terminate the use of that area described in the permit unless the City gives permittee an opportunity to correct said violation. This permit may be terminated by either party upon fifteen (15) days' notice. Any person who violates this section or the conditions of the permit shall also be subject to the penalties set forth in section 1-13 of the Code of the City ofJefferson. J. Permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of Jefferson in the operation of the sidewalk cafe. K. The City shall cause a permit to be prepared, in accordance with the conditions set forth herein and conditions established by the Director of Planning and Protective Services, which permit and conditions shall be accepted by the permittee. L. The permit shall be issued annually on November 1st. M. The fee for such permit shall be set by the City Administrator in Appendix Y. (Ord. No. 13301, 1 1-5-2001; Ord. No. 15148,1,8 -I9 -20I3) Sec. 32-231. Extension of Liquor License. Notwithstanding the other provisions of Chapter 4, Alcoholic Beverages, where a permittee holds a liquor license for an existing restaurant, the license shall be deemed to extend to the premises of the sidewalk cafe. Sec. 32-232. Consumption of Alcohol. Notwithstanding the provisions of section 4-17 of Chapter 4, Alcoholic Beverages, where a permittee holds a liquor license for an existing restaurant, the consumption of intoxicating liquor shall be deemed to be permitted on the premises of the sidewalk cafe provided, however, that such permission shall be deemed suspended during such times as the applicable sidewalk is within er within twenty feet of an active Temporary Outdoor Consumption Permit unless the license holder places a sign on each table located on said sidewalk which states that no alcohol may be removed from the sidewalk cafe premises, and the premises of the sidewalk cafe is cordoned off from the Temporary Outdoor Consumption permitted area. (Ord. No. 14837, § 2, 8-15-2011) (Ord. No. 12798, § 1, 8-17-98) Rev. 08/21/2018 3250 ARTICLE X. HOUSE NUMBERS ON CURBS Sec. 32-310. Purpose and intent. The purpose of this Article is to provide for the licensing and regulation of the business of painting street addresses on curbs within the City of Jefferson. Sec. 32-311. Posting bills, painting signs, etc., prohibited; exceptions. A. It shall be unlawful for any person to post or cause to be posted any bill, or paint, write or print, or cause to be painted, written or printed, any sign or device on any sidewalk, street, bridge, viaduct, pole, tree, post or on any wall, building or structure, or other property of another, unless in the case of private property, the prior consent of the owner thereof has been secured. For the purposes of this section, the presence of any bill, sign, device, painting, or printing in a location prohibited by this section which contains or includes the name of a business or corporation or the name by which a business or corporation is doing business, shall be prima facie evidence that both the business or corporation and its manager(s), officer(s) and director(s) had knowledge thereof and had posted, painted, written, or printed such bill, sign, device, painting or printing in such location or caused the same to be posted, painted, written or printed in such location. Further for the purposes of this section, the presence of any bill, sign, device, painting or printing in a location prohibited by this section which shall contain or include the name of any person shall be prima facie evidence that such person had knowledge thereof and had posted, painted, written or printed such bill, sign, device, printing or painting in such location or caused the same to be posted, painted, written or printed in such location. B. The Director of Public Works is hereby authorized to issue permits allowing the placing of house numbers on curbs on public streets and other public rights-of-way. The Director of Public Works is authorized to issue permits under such conditions and to such persons as the director deems competent and responsible. The provisions of paragraph (a) of this section shall not apply to the placing of street numbers on curbs which conform to the rules and regulations and for which a permit has been issued. C. Nothing in this Article shall be construed to prohibit a property owner from placing house numbers on curbs on public streets and public rights-of-way in front of their own property in the manner provided in section 32-312, except that the provisions of subparagraphs (d) and (f) of section 32-312 shall not apply to property owners. (Ord. No. 13301, 11-5-2001) Sec. 32-312. Requirements for painting on curbs. A. Numbers shall be uniform, easily legible and meet the following standards: I. Numbers shall be on a white background six inches (6") by eighteen inches (18"). 2. Numbers shall be black, round -block style, 3 inches (3") high with a height -stroke ratio of 6:1. 3. Paint shall be of a quality meeting A.S.T.M. Standards for Traffic Marking Paint for appearance, durability and night visibility. Paint quality shall be approved by the Director of Public Works. B. Numbers shall be placed only on curbs in good condition. C. Numbers shall be located on the curb in front of the house. Rev. 08/21/2018 3251 D. Business licenses will be issued by the finance department. E. Persons applying these signs and markings to the curbs who do not comply with these standards shall have their business license revoked and be responsible for removal of any work done. F. Permits will be issued by the Public Works Department. (Ord. No. 13301, 11-5-2001) Sec. 32-313. Revocation of permit. A. Any permit issued pursuant to the provisions of this Article may be revoked by the Director of Public Works if the licensee or anyone acting under the licensee's direction or control as an agent or employee violates any of the provisions of this Article. B. Any permit issued pursuant to the provisions of this Article may be revoked by the Director of Public Works if the licensee knowingly has made any false, misleading or fraudulent statement of material fact in the application for a license required in this Article. C. Any permit issued pursuant to the provisions of this Article shall be revoked by the Director of Public Works if the licensee or any person acting under the licensee's direction or control as an agent or employee has displayed to a customer or prospective customer for curb address painting, either the original of or any copy of an expired or revoked license. (Ord. No. 12603, § 1, 4-21-97; Ord. No. 13301, 11-5-2001) Secs. 32-314 - 32-324. Reserved. Rev. 08/21/2018 3252 ARTICLE XI. NEIGHBORHOOD IMPROVEMENT PROGRAM Sec. 32-330. Purpose. The purpose of this Article is to provide encouragement and cooperation for the making of improvements to streets, sidewalks and other infrastructure through a voluntary program of citizen participation in cost. Sec. 32-331. Petition necessary. For each project which may be eligible for inclusion in the City's Neighborhood Improvement Project (NIP), a petition shall be submitted by the owners of the requisite front footage as specified in this Article by March l' of each year for consideration for the following year's fiscal budget to the Director of Public Works. Petitions shall be considered approved if the project is identified and funded in the following year's budget. Petitions shall be considered denied if not funded in the following year's budget or withdrawn by counter petition. Any denied petition shall not be carried over to the next budget year. Sec. 32-332. Participation Requirement. Property owners may petition the City Council, on a form approved by the Director of Public Works, to construct projects which involve the rebuilding of any curb and gutter, or sidewalks, for an entire block, which shall be petitioned by greater than seventy-five percent (75%) of the owners of the front footage abutting the proposed projects. Sec. 32-333. Cost to Applicant. A. For each project included in the NIP and funded, the cost to each abutting property owner shall be set by the City Administrator each year in Appendix Y. B. At least seventy-five percent (75%) of abutting property owners must agree to prepay the entire amount of their cost -share prior to approval of the construction contract by the City Council or City Administrator. C. Any party which fails to prepay the party's full cost -share of the project shall be charged an additional twenty-five percent (25%). Such person's share shall be placed as a lien against the property as part of a tax bill pursuant to Section 32-40, 32-41, and 32-42 of the City Code. Sec. 32-334. Funding, criteria for project selection. In determining which, if any, projects shall be funded the following criteria will be considered: A. Funding available. B. Number of properties affected C. Existing conditions D. Property share prepaid vs. tax bill E. Overall effect on area Rev. 08/21/2018 3253 Sec. 32-335. Street lighting in improved subdivisions. A. Where street lighting doesn't meet the minimum requirements of 33-9(E). Abutting property owners may petition the City for street lighting. The Director of Public Works may approve street lighting request, within budget constraints based on the following criteria. 1. Installation of the street lights will generally be at spacings no less than 250 feet (residential) and 180 feet (commercial). 2. The spacing may be less than in A.1. at locations of abrupt horizontal or vertical grade changes when needed for traffic safety. 3. The City may grant additional lighting on the basis of high concentration of pedestrian traffic such as downtown, school areas, serious traffic hazards, or high incidence of crime as determined by the Chief of Police. The latter would not relieve the property owner of the responsibility of security lighting. B. Property owners requesting lighting would pay 25% (residential) and 50% (commercial) for installation and the City would install and pay for maintenance and operation when installation is approved. C. Objections to the decision of the Director of Public Works with respect to placing of street lighting can be appealed to the City Council within thirty (30) days of the decision of the Director of Public Works. (Ord. No. 12962, §1, 8-2-99; Ord. No. 13301, 11-5-2001; Ord. No. 14829, §19, 8-1-2011; Ord. No. 14936, §1, 3- 19-2012; Ord. 14954, §3, 5-7-2012) Rev. 08/21/2018 3254 ARTICLE XII. ADOPT -A -STREET AND ADOPT -A -SPOT PROGRAMS. Sec. 32-400. Definitions. Adopted section means a particular section of City right-of-way or other City property designated by the City Administrator, or his or her designee, to be adopted by the volunteer individual or group participating in an Adopt - A -Street or Adopt -A -Spot program. Adopter means the individual or group approved by the City Administrator, to be a participant in the Adopt -A - Street or Adopt -A -Spot. Adopter representative means a group member designated to represent the volunteer group and serve as its liaison with the City Administrator. The adopter representative is the person who signs the agreement. Agreement means the written agreement between the volunteer individual or group adopting a section of City right-of-way or other City property and the City Administrator. Applicant means the individual or group applying for participation in the Adopt -A Street or Adopt -A -Spot Program. City Administrator means the City Administrator of the City of Jefferson, Missouri, or his or her designee. Department means the Department of Public Works. Director means the Director of the Department of Public Works or his or her designee. Litter means any unsightly matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper, and cigar or cigarette butts. Litter does not include hazardous, heavy, or Targe items. Participant means any individual, including individuals within a group, who will be participating in a program activity. Program means the Adopt -A -Street or Adopt -A -Spot Program. Program activity means activities authorized by this Article. Signs mean the Adopt -A -Street or Adopt -A -Spot signs provided by the Department. Violent criminal activity means any offense having as an element the use, attempted use, or threatened use of physical force against the person or property of another or any offense involving weapons. Sec. 32-401. Application for Participation A. The adopter or adopter representative of a group who desires to participate in the program shall submit an application for the requested program to the City Administrator, on the form provided. B. An application completed by an individual on behalf of a group or organization must identify the group or organization for which the application is being submitted and failure to identify the group or organization on the application will result in rejecting the application. C. Adoption Eligibility. Civic and nonprofit organizations, commercial and private enterprises, and individuals may be eligible to adopt. Applicants who do not meet the eligibility requirements will be denied participation in the program, and adopters who no longer meet the applicant eligibility requirements may be removed from the program. The City Administrator reserves the right to limit the number of adoptions for a single group. Rev. 08/21/2018 3255 D. The following applicants are not eligible to adopt: 1. Individuals who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten (10) years have passed since completion of the latest incarceration, probation, or parole for violent criminal activity; or 2. Organizations and enterprises with any program participants who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten (10) years have passed since completion of the latest incarceration, probation, or parole for violent criminal activity. E. Acceptance of Application. The City Administrator has the authority to approve applications of individuals or groups applying to participate in the program. F. Denial of Application. The City Administrator is authorized to deny requests for participation in the program. A request for participation in the program may be denied if the applicant does not meet the eligibility requirements or has submitted false statement(s) of a material fact or has practiced or attempted to practice any fraud or deception in an application. Material facts include statements regarding convictions of violent criminal activity. Sec. 32-402. Agreement; General Responsibilities of Adopter and the City. A. If an application is approved by the City Administrator the adopter or adopter representative shall execute a written agreement with the City of Jefferson, which shall be approved by the City Counselor, and upon signing by both parties, the agreement shall become effective and provides for the individual's or group's participation in the program. B. Responsibilities of Adopter. The adopter shall: 1. Abide by all provisions contained in the agreement and any other terms and conditions as required by the City Administrator; and 2. Provide to the City Administrator, the name and complete mailing address, including street address, of the adopter representative. The adopter shall notify the City Administrator within thirty (30) days of any change of the adopter representative's name or address; and 3. Provide instruction to all members of the group participating in the program activity regarding conducting all activities in a safe and careful manner, including awareness that work next to any street may be an inherently dangerous activity; and 4. Properly use all equipment in a safe, responsible, and professional manner and have all members watch a safety video provided by the Department; and 5. Provide one (1) adult supervisor for every eight (8) participants between thirteen and seventeen (13-17) years of age and one (1) adult supervisor for every four (4) participants between ten and twelve (10-12) years of age. No one under the age of ten (10) will be allowed to participate in the program; and 6. Adopt -a -section of right-of-way for a minimum of three (3) years and submit a new application every three (3) years if the adopter wants to continue participation in the program; and 7. Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas; and 8. Perform program activity between the hours of one (1) hour after sunrise to one (I) hour before sunset; and 9. Prohibit program activities during inclement weather; and Rev. 08/21/2018 3256 10. Prohibit participants from possessing, consuming, or being under the influence of alcohol or drugs while participating in the program activity; and 1 I . Indemnify and hold harmless the City of Jefferson and their officers, employees, and agents from any claim, lawsuit or liability which may arise from adopter's participation in the program or as provided by the law; and 12. Submit to the City Administrator, within five (5) working days of any program activity, the following information: a. the adopter's name; and b. the date(s) of the program activity; and c. the total hours involved in the program activity; and d. the total volunteers involved in activity; and e. the total number of bags of trash picked up, or other activity performed. 13. Not subcontract or assign its responsibilities under this program to any other enterprise, organization, or individual unless assignee is also eligible to adopt; and 14. Not decorate or alter the signs. C. Responsibilities of the City. The City Administrator will: 1. Determine the specific section of right of -way or City property that is to be adopted; 2. Install and maintain a sign or signs, if desired by the adopter. Signs may be placed at both ends of the adopted section, or at a single location as determined by the City Administrator. 3. Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished. 4. Provide the adopter with a safety video. Sec. 32-403. Authorized Program Activity and Specific Responsibilities of Adopter. A. Adopters may be authorized by the City Administrator to perform one or more of the following activities. Only activities authorized in the Agreement shall be permitted: 1. Collection of litter; 2. Mowing and/or maintenance of plants and landscaping; 3. Planting or installation of approved landscaping plants and materials; 4. A combination of the above activities. B. Responsibilities of adopters who are authorized to collect litter shall be as follows: 1. Collect litter along the adopted section four (4) times a year, or as outlined in the Agreement; and 2. Adopt a minimum of (1/2) mile or shorter length as determined by the City Administrator; and 3. Place litter in trash bags and place filled trash bags at a designated location; and Rev. 08/21/2018 3257 4. Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements; and 5. Notify the City for disposal of filled litter bags as soon as possible after litter pickup C. Responsibilities of adopters authorized to mow, maintain , and/or install landscaping shall be as follows: 1. Adopt a specific "spot," such as a round -about and/ or area of right-of-way or other City property, as agreed upon and specified in the Agreement; 2. Accomplish mowing in a safe manner and as needed to comply with all City codes. 3. If installing landscaping, submit a plan showing types of plants and materials proposed to be used, and a schedule for maintenance. Planting and landscaping materials and the schedule for maintenance shall be as approved by the City Administrator. Sec. 32-404. Signage. A. Upon request of an approved and finalized Adopter Agreement, the department shall erect one sign for Adopt -A -Spot, or multiple signs designating the adopted sections for Adopt -A -Street programs. B. The signs shall: 1. Identify the adopter or, subject to the approval of the City Administrator, may identify an individual in whose memory the adoption is being made; and 2. Be designed by the department as to size, color, and text; and 3. Have the actual name of the adopter, or individual in whose memory the adoption is being made, with no telephone numbers, logos, slogans, dates, or addresses, including Internet addresses, with verbiage kept to a minimum; and 4. The signs shall not contain wording that is obscene, profane, or sexually suggestive, or implies an obscenity, profanity, or sexual content. Signs are not intended to be an advertising medium or serve as a means of providing a public forum for the participants; and 5. The signs shall not be altered or decorated by the adopter at any time. C. The erection of a sign is not a requirement for participation in the program. If, during the length of the agreement, a sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the department will erect a single replacement sign at department cost. The repair and reinstallation of a removed sign is counted as a replacement sign erection. If the replacement sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the department will erect a second replacement sign at department cost. If the second replacement sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the department may remove the sign if still present, and no replacement sign will be erected. Sec. 32-405. Modification or Termination of the Agreement. A. The agreement may be modified or terminated at the discretion of the City Administrator. B. After three (3) years of participation in the program, an adopter may terminate the agreement upon notice to the City Administrator. Rev. 08/21/2018 3258 (Ord. 14803, §1, 6-20-2011; Ord. No. 14829, §8, 8-1-2011; Ord. No. 14994, §2, 7-16-2012) ARTICLE XIII. DOWNTOWN ELECTRICAL SERVICE AREA. Sec. 32-500. Purpose and Intent. The purpose of this Article is to provide for the permissive use of electrical power from the City's electrical facilities located within the Downtown Electrical Service Area. Sec. 32-501. Downtown Electrical Service Area Established. There is hereby established the Downtown Electrical Service Area, which includes Capitol Avenue from Cherry Street to Adams Street; High Street from Washington Street to Adams Street; and Madison Street from Capitol Avenue to High Street. Sec. 32-502. Permit Required. No person shall access the electrical power facilities located within the Downtown Electrical Service Area without first obtaining a permit from the department of public works. If a permit is requested for an event, then the event organizer shall apply for and receive the permit for electrical power access for all of the event participants. Sec. 32-503. Permit Fee. The city administrator shall establish the fee for the permit to access electrical power in the Downtown Electrical Service Area as set forth in Appendix Y. Sec. 32-504. Permit Duration. The permit shall be valid for up to five (5) consecutive calendar days. The permittee must obtain an additional permit to use the electrical services for a duration longer than five days. Sec. 32-505. Usage Guidelines. The director of public works shall promulgate the guidelines and rules for the usage of electrical power within the Downtown Electrical Service Area. Any user who misuses the system shall pay a reimbursement fee to the City of Fifty Dollars ($50.00) per hour incurred by City personnel to repair the system or the actual charge of any contractor hired by the City to repair the system, whichever is greater. Rev. 08/21/2018 3259 Sec. 32-506. Tampering with Electrical Facilities Prohibited. No person shall damage, destroy, misuse, or tamper with the electrical facilities located within the Downtown Electrical Service Area. A violation of this Section is an ordinance violation punishable by a fine of up to one thousand dollars ($1,000.00) or up to one hundred eighty (180) days imprisonment, or both. (Ord. 15763, §1, 1-16-2018) Rev. 08/21/2018 3260 ARTICLE XIV. BANNERS ON UTILITY POLES OR OVER STREETS. Section 32-600. Purpose. The purpose of this section is to establish the practice and procedure for placement of banners on utility poles or over streets within certain areas of the City of Jefferson. Section 32-601. Practice. The Department of Public Works, under the direction of the Director of the Department of Public Works, shall be the lead department in the administration of this policy. (Ord. 13600, §3, 9-2-2003; Ord. 15098, §1, 4-1- 2013 ) Section 32-602. Banners on Utility Poles. A. Requests for overhead banner placement shall be submitted, in writing, to the Department of Public Works not less than four weeks prior to the desired display period. Requesting organizations should contact the Department of Public Works for an application form and instructions. The application shall be accompanied with an installation fee as outlined in Appendix Y. The installation fee will be refunded should the application not be approved. B. Banners may be installed for the benefit of non-profit organizations such as, but not limited to, educational institutions (at high school level or higher), associations formed for the purposes of business, and city boards or commissions. C. For purposes of this policy, a "display period" shall consist of March 7th through August 14th, August 15th through November 14th, and November 15th through March 6th. D. Applications will be approved on a first-come, first-served basis excepted as stated hereinafter. The date of receipt of the required fees shall constitute the application date. E. All overhead banners shall be installed under the direction of the Department of Public Works. Requesting organizations may not install banners. Banners will not be installed until all permits, fees and approvals are in place and the requesting organization has delivered the banner to the Department of Public Works' administrative offices. F. This program allows for inspection by the City of existing banners/brackets at an annual cost of $10 per banner. Should the Director of Public Works determine that a banner needs to be replaced or should the requesting organization choose to change a banner, the cost for such replacement or change shall be $10 per banner. Removed banners must be claimed by the organization at the Department of Public Works offices no less than ten (10) business days after the organization receives notice of removal. A letter mailed to the organization's registered address will constitute notice. Unclaimed banners will be discarded. G. Organizations will be required to have a minimum of either two (2) banners, or at least five (5) percent of the total installed banners, whichever is greater, in reserve for replacements of damaged banners. H. The organization shall be responsible for all banner production costs and must deliver the banner to the Department of Public Works complete and ready for installation in accordance with the Department of Public Works specifications. Rev. 08/21/2018 3261 I. The organization will hold harmless the City of Jefferson, Missouri from any damages which may arise from the placement of the banner. J. Banner specifications shall be as follows: Size: up to forty-eight (48) inches high (outside edge to outside edge) and sixty-four (64) feet six (6) inches long; banner must have a three (3) inch hem along the top and bottom edge for cabling, with reinforced double stitching; material shall be 18 oz. Vinyl or banner canvas (Sunbrella) with wind slits to reduce wind load; banners must be printed on both sides; banner may not include any commercial or sponsor logo or advertisement; and banners must be clean and serviceable. All banners submitted by an organization for display during the same time period must be of the same size. (Ord. 15098, §2, 4-1-2013) Section 32-603 Temporary Event Banners Over Streets. A. Other provisions of this chapter not withstanding, temporary event banners may be erected in connection with a specific event across public streets subject to the following conditions: 1. Banner may not be attached to a light or utility pole. 2. Permission must be obtained from the property owners on either side of the street where the banner crosses the street. 3. Erection of the banner shall be subject to obtaining permission of the Director of Public Works or his or her designee who may impose conditions as to height, materials, and manner of construction. 4. Banner may be up for a period of no more than four (4) days and may not be put back up for three (3) days. 5. The temporary event banner must be erected by an association which has been organized for at least two (2) years and with at least twenty-five (25) dues paying members. 6. The temporary event banner may only advertise the event, and may not advertise any specific business, individual, or organization. 7. The temporary event banner must not interfere with traffic if it is to be maintained at times when traffic is passing under it. 8. No less than one (1) week prior to placing the temporary event banner, a permit must be obtained from Director of Public Works or his or her designee. Before issuing the permit the Director of Public Works shall verify that the banner complies with this section and that the applicant meets the eligibility requirements. Fees shall be as set forth in Appendix Y. Section 32-604. Exceptions. The banners listed in this article are not subject to the definitions of banners or advertising devices in Chapter 3 of the Code of the City of Jefferson. Rev. 08/21/2018 3262 Section 3I-605. Ownership. The City of Jefferson shall be the owners of any banners placed pursuant to this article but the City Administrator shall be authorized to gift the banners back to the donor upon their removal. (Ord. No. 15813, §6, 08-21-2018) Article XV Section 32-620 Intent and Purpose The public right-of-way shall provide for a safe, efficient, connected, and accessible transportation network for users of all ages and abilities including motorists. transit riders, bicyclists, and pedestrians that enables mobility, supports economic vitality. and is a source of civic pride. Section 32-621 Definitions Livable Street — means a transportation corridor for all users including pedestrians. bicyclists, transit riders. cars. trucks, motorcycles. and buses. "Livable Streets" are designed and operated to safely facilitate movement of people of all ages and abilities from destination to destination along and across a continuous travel network. Livable Street Elements — means transportation improvements. facilities, and amenities that accommodate and/or promote multiple modes of travel. including pedestrian, bicycle, and transit in addition to cars, trucks. motorcycles, and busses. These elements are defined and recognized by the Institute of Transportation Engineers and the American Planning Association. Public Improvement Project — means new roads, trails, sidewalks. cycling infrastructure and facilities or reconstruction thereof, as well as private improvement projects constructed and/or maintained in whole or part with City funds. owned or leased by the City/or intended to be dedicated to the City. Section 32-622 Applicability Elements of Livable Streets as defined and recognized by the Institute of Transportation Engineers and the American Planning Association shall be considered in the development of all public improvement Projects including: Capital Improvement Plans: and The plans of any private development that require City Council approval or which include improvements on the right of way. Section 32-623 Guiding Principles Livable Streets Elements should be considered within the balance of mode and context of the community, including. but not limited to. environmental sensitivity. cost, budget, demand, probable use. space and area reouircments and limitations. and legal requirements and limitations. The City recognizes that Livable Streets may be achieved through elements incorporated into a single project or incrementally through a series of improvements or maintenance activities or over time. Rev. 08/21/2018 3263 Section 32-624 Requirements If a Livable Street Element identified in or required by an adopted public plan or development related ordinance is not incorporated into the project, such omission shall be documented and shall demonstrate: 1. That the accommodation is not necessary because non -motorized use is prohibited; 2. That the cost of accommodation is excessively disproportionate to the need or probable future use; or 3. A documented absence of current and future need. Documentation shall be produced by appropriate City staff or their consultants for CIP projects or for private projects. the owner shall provide such documentation. The documentation shall be submitted to the City Administrator or his desig,nee for approval or denial prior to project approval. NOTES 1. Cross references - Definitions and rules of construction generally, § 1-2; certain ordinances relating to streets saved from repeal, § 1-3(3); posting of bills or notices on public property, § 18-226; placement or operation of mechanical amusement devices on city property, § 18-227; benchmarks, § 25-1; street and house numbering, § 25- 31 et seq. State law reference - General authority over streets, sidewalks, etc., RSMo. § 77.520. 2. State law reference - Special assessments generally, RSMo. § 88.507 et seq, 3. Cross reference - Funeral procession identification, § 19-302. Rev. 08/21/2018 3264 CHAPTER 33 THE SUBDIVISION CODE ARTICLE 1. GENERALLY 3301 Sec. 33-1. Short title. 3301 Sec. 33-2. Definitions. 3301 Sec. 33-3. Use of unapproved plat in sale of land 3303 Sec. 33-4. Large area subdivision; general plan. 3303 Sec. 33-5. filing fees. 3304 Sec. 33-6. Sketch plat; contents and submission procedure 3304 Sec. 33-7. Preliminary plat; contents and submission procedure. 3305 Sec. 33-8. Final plat, contents, submission procedure 3307 Sec. 33-9. Construction of improvements 3309 Sec. 33-10. Streets and alleys; general provisions 3311 Sec. 33-11. Streets and alleys; rights-of-way, design 3312 Sec. 33-12. Lot identification. 33173316 Sec. 33-13. Variations from provisions. 3317 Sec. 33-14. Recordation of plats. 3317 Sec. 33-15. References, 33183317 Sec. 33-16. Unconstitutionality clause. 33183317 Sec. 33-17. Penalty clause. 3318 Rev. 9/30/2011 3300 ARTICLE I. GENERALLY Sec. 33-1. Short title. This chapter shall be known and may be cited as "The Subdivision Code" of the City of Jefferson, Missouri. Sec. 33-2. Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the meaning given herein: Minor ways which are used primarily for vehicular service access to the back or side of properties abutting on a street. Building Line. A line or lines on a plat designating the area adjacent to the street right-of-way inside of which no building or structure may be erected. Building Official. The Supervisor of Building Regulations of the City or his or her authorized representative. City. The City of Jefferson, Missouri, a municipal corporation which, territorially, shall include all land within the corporate limits of the City as such limits now exist or may, from time to time, be extended or retracted. City Council. The governing body of the City. Commission. The Planning and Zoning Commission of the City. Developer. Any person who, (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who, and who (2) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. (Ord. 13628, §1, 10-6-2003) Director of Planning and Protective Services. The Director of Planning and Protective Services of the City of Jefferson, or his or her authorized representative. Easement. A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes. Gated Community. A residential development containing two or more dwelling units where vehicular access is restricted to property owners and other authorized persons by a moveable gate. (Ord. No. 13986, §2, 12-19-2005) May. An action which is permissive. Monuments. Lot Corners. An iron pipe not less than 1" outside diameter or a reinforcing bar not less than 1/2" in diameter and not less than 30" in length set not less than 24" in the ground. Rev. 9/30/2011 3301 Control Points. An iron pipe or reinforcing bar as described in Section 2.1 1.1 set in concrete 4" in diameter and 12" in depth, or a 4" x 4" concrete post set not Tess than 24" in the ground with the top of the post adequately marked to define the control point. A permanent pavement marker acceptable to the Director of Wa+ming and Protective ServicesPublic Works may be utilized to define the centerline of right-of-way at the control points in lieu of the above described monuments. Owner. An individual, firm, association, co -partnership, corporation or syndicate, or agent of any of them, having sufficient proprietary interest in any land sought to be subdivided to commence and maintain proceedings to subdivide land under the provisions of this chapter. Plat. An accurate drawing or map of the land proposed to be subdivided. Sketch Plat. A drawing of the proposed subdivision, not necessarily to scale. but indicating general topographic features and the general layout of the proposed subdivision, according to the requirements of Section 33-6. Preliminary Plat. The preliminary map indicating the proposed layout of the total subdivision, so designated on the plat and meeting the requirements of Section 33-7. Final Plat. The final map of all or a portion of the subdivision, so designated on the plat and meeting the requirements of Section 33-8 and prepared for official recording with the Recorder of Deeds of Cole County, Missouri. Riparian Zone. A twenty-five (25) foot area of land adjacent to a natural stream, kept in its natural state for the purpose of protecting water quality, minimizing the effects of stream bank erosion and enhancing flood protection. The width of the riparian zone shall be measured from the ordinary high water mark of the natural stream. After the riparian zone is platted, the area designated on the plat as the riparian zone shall be substituted for this definition (Ord. 14154, §3, 2-5-2007) Streets. Arterial Street. A roadway used primarily for fast or heavy traffic, including all streets designated as major, thoroughfares, freeways, etc. Collector Streets. A street used to carry traffic from residential streets to arterial streets and/or highways. Private Drive. A driveway not dedicated for public use designed to provide vehicular access from a public or private street to one or more lots or parcels under single ownership. (Ord. No. 13986, §2, 12-19-2005) Private Street. A roadway not dedicated for public use and maintenance designed to provide vehicular access to two or more Tots or parcels under separate ownership. (Ord. No. 13986, §2, 12-19-2005) Residential Streets. A street used primarily for access to abutting property. Subdivision. The division of land into two (2) or more smaller lots, tracts or parcels for the purpose of building development or transfer of ownership, and/or the dedication or establishment of a public street or roadway. Subdivision shall be further classified as follows: Rev. 9/30/2011 3302 Minor Subdivision. Any subdivision containing not more than five (5) lots and not involving any new street or roadway. Major Subdivision. Any subdivision not classified as a minor or agricultural subdivision. Agricultural Subdivision. Any transfer of land which is to be used primarily for agricultural activity as defined in the Jefferson City Zoning Ordinance. An agricultural subdivision is exempt form these regulations and the transfer of agricultural lands may proceed after a Letter of Exemption is obtained from the Director of Planning and Protective Services. The term "subdivision" shall include re -subdivision and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided. (Ord. No. 11403, § 1, 5-7-90) Shall. An action which is mandatory. Sec. 33-3. Use of unapproved plat in sale of land. No owner, or agent of the owner, of any land located within the City of Jefferson, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Council and recorded in the office of the Recorder of Deeds of Cole County. Any person violating the provisions of this section shall forfeit and pay to the City of Jefferson, a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed to negotiate to be sold; and the description of metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City of Jefferson may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action. The provision of this ordinance requiring preparation and submission of a subdivision plat shall not apply to the sale of all or a part of a recorded lot of record provided that not more than one additional building lot is created and no new street is created. Both the original and the newly created lot shall meet the minimum public street frontage and the yard lot area and width requirements of the Zoning Code and shall have access to all public utilities. Whenever possible the division line between the two lots shall be a straight line. A registered land surveyor shall prepare and affix his or her seal to a permanent, reproducible survey document which shall show the boundaries of both lots, existing streets and easements and a legal description of both lots. Neither the original nor the newly created lot shall be transferred, sold, or offered for sale until both have the written endorsement of the Director Planning and Protective Services and have been recorded in the office of the Recorder of Deeds. The City Building Official shall not issue a building permit for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. (Ord. No. 12059, §1, 4-4-94) Sec. 33-4. Large area subdivision; general plan. A subdivision may be developed in separate tracts or sections which shall be successively numbered and identified under the name of the subdivision as Section or Tract One, Two, Three, etc. In such instance, the owner shall cause to be prepared by a registered surveyor a general plan of the entire subdivision showing the approximate location of all arterial streets and/or highways, collector streets, and the public sanitary sewer and storm sewer drainage facilities contemplated and reasonably required to serve the entire subdivision. Rev. 9/30/2011 3303 When a general plan of the subdivision is required, the owner shall cause seven (7) prints thereof to be filed with the Director of Planning and Protective Services at the same time the preliminary plat of the first section or tract is filed. The Director of Planning and Protective Services shall distribute the copies of the general plan in the manner and at the time provided in Section 33-7(D). Sec. 33-5. Filing fees. A. Subdivision plats. The following schedule of fees is hereby adopted; such fees are to be paid by all persons or corporations submitting preliminary plats for approval by the Comtnission and shall be computed to the nearest dollar. Schedule of Fees Preliminary Plat- Single Family Preliminary Plat- Multi Family Preliminary Plat- Commercial/industrial Preliminary Plan Major Revision to Preliminary Plat Minor Revision to Preliminary Plat Final Plat Re -plat Lot Split Fees as set out in Appendix Y shall be paid at the time the preliminary plat is submitted to the Office of Planning and Protective Services and shall apply to the review of a preliminary sketch plat and review of the preliminary plat, improvement plans and final plat, provided that the final plat includes the same area to be subdivided as the preliminary plat. as cmcnts or rights of way. (Ord. No. 12412. L 2 5 96) C. Fees shall be as sct forth in Appendix Y. (Ord. 14272, §11, 10-15-2007) Sec. 33-6. Sketch plat; contents and submission procedure. A. Contents. Data furnished in a sketch plat for a subdivision shall be as follows: 1. Tract boundaries 2. North point 3. The name of the proposed subdivision and the owner 4. All existing streets and roads, streams, and structures within the proposed subdivision and within two hundred (200) feet therefrom Rev. 9/30/2011 3304 5. Significant topographical or physical features as may be necessary or required by the Director of Planning and Protective Services 6. Proposed general street and sewer layout 7. Proposed general lot layout 8. Sidewalks (Ord. No. 12963, §1, 8-16-99) B. Submission Procedure. Each developer shall submit to the Director of Planning and Protective Services two (2) copies of a sketch plat as described in Section 33-6(A) for the proposed subdivision. Such sketch plat will be considered as submittal for informal discussion between the Director of Planning and Protective Services and the Director of Public Works. As far as may be practical on the basis of the sketch plat, the subdivider will be informally advised of the extent to which the proposed subdivision conforms to the requirements of this ordinance. When the sketch plat being submitted is classified as a minor subdivision, the owner may bypass the preliminary plat procedure and submit a final plat as outlined in Section 33-8. Sec. 33-7. Preliminary plat; contents and submission procedure. A. An owner who intends to subdivide land into Tots for the purpose of sale and/or development or to dedicate land for streets, alleys, parks or other public use, shall have prepared by a registered surveyor a preliminary plat of the land within the subdivision, or the section or tract thereof to be developed first prior to developing the land. B. As additional sections or tracts of the subdivision are desired to be developed, a preliminary plat of each section or tract shall be filed and all of the provisions of this Chapter shall be observed.. C. Content. The preliminary plat shall be drawn to scale of not more than 100 feet to the inch and shall show, or be accompanied by, the following information: 1. The north point and scale. 2. The location of all existing property lines, adjoining streets and alleys, water courses, storm sewers, water mains, gas mains, culverts or other underground structures and all existing or proposed easements and other existing pertinent features within the area to be subdivided. 3. The name of all adjoining subdivision. 4. The proposed lot layout, location width and approximate grade of all streets and alleys and the zoning district or districts in which the land to be subdivided is located according to the current zoning map of the City. 5. The title under which the subdivision is to be recorded, the name of the owners of same, including the names of the officers of any corporate owner, and the name of the registered surveyor platting the tract of land to be subdivided. 6. A partial map of the City upon which shall be sketched the correct location of the proposed subdivision, its boundaries and street layout. 7. Contours shall be required for the proposed layout and shall be on an interval of not more than five (5) feet where ground slope is regular and such information is sufficient for planning purposes or on an interval of not more than two (2) feet where land is irregular or there is a need for more detailed data. Rev. 9/30/2011 3305 8. The location and direction of drainage of all water courses and natural drainage channels, including acreage of water shed drainage into each storm drain structure. 9. The proposed location of sanitary sewers. 10. All public proposed areas. 11. Each street identified by its proposed street name. 12. The location of all existing and proposed utility lines and fire Hydrants, street lights and service line crossings. 13. The location of sidewalks. 14. Location of all flood -prone areas as delineated on the most recent edition of the flood hazard boundary map and its amendments and Natural Stream Protection Buffers if applicable. (Ord. No. 12963, §2, 8-16-99; Ord. 14154, §3, 2-5-2007) D. Submission Procedure. 1. The owner shall submit seven (7) prints of the preliminary plat to the office of Planning and Protective Services fourteen (14) days before the meeting at which approval is requested. One print shall be transmitted to the Director of Planning and Protective Services, and five prints referred to the Planning and Zoning Commission for further study, investigation and recommendation. 2. The Commission shall review the preliminary plat and notify the owner of the date, time and place of the meeting of the Commission and the owner may appear and be heard. 3. Within forty-five (45) days, or such additional period of time as the owner consents to in writing, from receipt of the plat by its Chairman, the Commission shall act upon the plat and approve, conditionally approve or disapprove same. 4. If the Commission conditionally approves the plat, it shall state in writing any revisions, modifications, additions or deletions required of the owner by the statutes of Missouri or Sections 33-1 through 33-6 before a final plat may be approved. Such revisions, modifications, additions or deletions to the preliminary plat may relate: a. to the width or alignment of streets, b. to the type, capacity and location of sanitary sewer or storm sewer facilities, c. to the location and capacity of all public utility facilities, d. to the location, width and purpose of easements appearing on the preliminary plat or required by the City for public use, e. lot sizes or lot layout, and f. to such other matters as, in the opinion of the Commission, may be in the public interest 5. The Commission shall submit a written report of its action on the plat to the owner and the City Council along with a copy of the Plat, indicating necessary revisions or modifications. If the owner is aggrieved with the commission's report, the owner may appeal therefrom to the City Council by filing a notice of appeal with the City Clerk and the Chairman of the Commission within ten (10) days from the date thereof. Rev. 9/30/2011 3306 6. Within fifteen (15) days of the filing of an appeal or at the next regular scheduled Council meeting, the Council shall conduct a public hearing on the issues in controversy. The clerk shall give the owner and the Chairman of the Commission at least five (5) days notice of the time and place of the hearing. 7. At the first Council meeting following the public hearing, the Council shall declare its findings in writing, and enter its order approving, modifying or rejecting the report of the Commission. 8. If the Commission fails to act on the preliminary plat within sixty (60) days, or within such additional time as the owner consents to in writing, the plat shall be considered approved and the City Clerk shall certify the approval of the Commission on the plat. 9. Approval of the preliminary plat shall authorize the owner to prepare the final plat and complete engineering designs, subject to the provisions of Section 33-8, but such approval shall not constitute an approval of the plat for purposes of recordation, or for the sale and/or development of any tract or parcel of land within the area represented by the preliminary plat. Sec. 33-8. Final plat, contents, submission procedure. A. Contents. A final plat of the subdivision, or section or tract thereof, shall be drawn on a sheet 24" x 36", to a scale of not more than one hundred (100) feet to the inch and shall contain, or be accompanied by, the following information: 1. The title under which the land is to be recorded; if the plat is of a section or tract of a subdivision, the identification by section or tract number. 2. The name of the owner or owners of the land platted and, if the owner is a corporation, the names of the officers thereof. 3. The name and registration number of the surveyor, registered in Missouri, who prepared the plat. 4. The classification of all land platted by zoning district classifications according to the current zoning map of the City. 5. The north point and scale. 6. The exterior boundaries of the land platted. 7. A partial map of the City at a scale of 1" _ 200', upon which shall be accurately drafted the correct location of the proposed subdivision, its boundaries and street and lot layout. 8. The right-of-way width of all streets. 9. The location of existing buildings on the land platted. 10. The boundaries of all areas to be dedicated to public use, and the manner in which the areas are to be used. 11. The right-of-way width and names of all streets on land adjoining the land shown on the plat. 12. In the event there are branching streets or alleys on the plat, the angle of departure from one street or alley to another except where the angle of departure is either 90 degrees or 180 degrees. 13. The dimensions of the lots, and the numbers (letters in re -subdivisions) of all lots on the plat. 14. The location of all building lines. 15. The location and dimensions of all utility easements, if any, on the plat. Rev. 9/30/2011 3307 16. All linear and angular dimensions necessary to locate the boundaries on the plat in relation to a section or quarter -quarter corner or line, or an established inlot or outlot line. 17. All linear and angular dimensions of all streets, alleys, lots, utility easements, sanitary sewer and surface water drainage easements, or other areas on the plat, and such linear dimensions shall be expressed in feet and decimals of a foot. 18. All radii, arcs, and chords, points and tangency and central angles for all curves and rounded corners on the plat. 19. The location and description of all monuments and all street, alley, lots or other area corners, intersections and all perimeter corner or angle points shall be marked with a suitable durable monument as defined in Section 33-2. 20. The form for dedication to public use of areas identified as right-of-way for streets, alleys, boulevards, drives, roadways of any kind, parkways, parks, sanitary sewer easements, surface water easements, and public utility easements, and all other areas intended for public use, with appropriate spaces for the signatures of the owner or owners, trustees, mortgagee or mortgagees, if any, of the land platted. 21. All restrictive covenants appearing upon and applying to any lots on the final plat shall be signed by the owner or owners, trustee, and mortgagee or mortgagees, if any, of the lots. 22. A form for the approval of the Director of Planning and Protective Services, the Director of Public Works, and the Mayor of the City of Jefferson, Missouri and certification by the City Clerk. 23. Location of all flood -prone areas as delineated on the most recent edition of the flood hazard boundary map and its amendments and Natural Stream Protection Buffers if applicable. Plats that contain a Natural Stream Protection Buffer shall include the following statement: "Naturally occurring vegetation within the riparian zone shall not be removed, diminished, inhibited, mowed, or substantially altered from its natural state or growth. (Ord. No. 12963, §3, 8-16-99; Ord. No. 14023, §2, 3-20-2006; Ord. 14154,§3, 2-5-2007) B. Submission Procedure 1. Within six months, or within such additional time as the owner in writing may request and the Commission may allow, from the date of approval or conditional approval of the preliminary plat of a subdivision, or section or tract there. of, the owner shall cause to be prepared by a registered surveyor and submit to the Office of Planning and Protective Services, five (5) prints of the final plat thereof to be referred to the Commission for their review and recommendations. 2. If the owner fails to file with the Commission the final plat within the time mentioned in Section 33-8(B)(1), the Commission shall, by written report, vacate and set aside its previous report approving the preliminary plat, and a copy of such report shall be sent to the owner and the City Council. The report shall be final and unappealable. 3. The submission of the final plat shall be accompanied by five (5) prints of the proposed design of all streets, sanitary and storm sewers, sidewalks, and any other necessary appurtenances, drawn to a scale of not more than fifty (50) feet to the inch horizontal and (10) feet to the inch vertical and as per specifications for street and sewer improvements on file in the Department of Planning and Protective Services. Rev. 9/30/2011 3308 4. At the next regular scheduled meeting, the Commission shall review the final plat and design plans, and notify the owner of the date, time and place of the meeting of the Commission and the owner may appear and be heard. 5. Within forty-five (45) days or such additional time as the owner consents to in writing, from receipt of the plat and design plans by its Chairman, the Commission shall act upon the plat and plans and approve, conditionally approve or disapprove same. 6. The Commission shall submit a written report of its action on the final plat and design plans to the owner and the City Council along with a copy of the plat indicating any necessary revisions or modifications. The owner shall be entitled to appeal the Commission report to the City Council in the manner prescribed in Section 33-7(D)(5). 7. If the Cornmission approves the final plat, it shall endorse its approval on the five (5) prints thereof, retain one print and transmit one print to the owner and three (3) prints to the City Council. In addition, the owner shall furnish the Director of Planning and Protective Services the original tracing and a reproducible copy of the final plat as approved. The tracing shall be transmitted to the Recorder of Deeds when all the necessary signatures have been affixed. Sec. 33-9. Construction of improvements. A. All sanitary sewers and appurtenances and storm sewers in the section being developed shall be constructed according to the standards and specifications of the City on file in the office of the Director of Planning and Protective ServiccsPublic Works. (Ord. 13600, §12, 9-2-2003) 13. Utility services shall be installed under the proposed streets prior to paving where subsurface conditions prevent pushing of service under the completed pavement. Sewer laterals shall also be stubbed in prior to street paving if the sewer main is located on street right-of-way. All such service connections shall be extended at least two (2) feet beyond the edge of pavement and shall be adequately referenced and marked for future use. All such services shall be installed in accordance with applicable codes and ordinance. C. Construction of Streets and Alleys 1. Streets and alleys shall be constructed as prescribed in Section 33-11. The Building Official shall not issue a building permit for any structure to be placed on a lot in a recorded subdivision until the streets and alleys have been constructed along the entire frontage of the lot for which the permit is requested properly connecting the frontage to the City's street system in at least one direction. In the case of a corner lot both streets shall be constructed along the entire length of both frontages of the lot and shall provide a proper connection to the City's street system in at least one direction. During the non -paving season, December 15 through March 15, a permit may be issued if a cash escrow or letter of credit, equal to the cost of the construction, is posted in lieu of the street paving and ifa temporary granular driving surface is provided to the structure. (Ord. No. 12722, § 1, 2-16-98) 2. When a street is constructed as provided in subsection (1) above and is not constructed through to an intersection, a paved, temporary turn -around shall be constructed. 3. When building permits have been issued for fifty (50) percent of the lots in a recorded subdivision no additional permits shall be issued until all of the improvements required by this ordinance have been installed and accepted by the Director of sPublic Works for maintenance. (Ord. 13628, §2, 10-6-2003) Rev. 9/30/2011 3309 4. Upon the completion of street paving, the contractor shall request in writing acceptance of the street by the Department of Ply, ; ;;ng. nd otective Sen'iceJPublic Works for maintenance. Formal written acceptance of streets by the Department of .Iannin� ate, d • Sefvic-esPublic Works shall be required prior to the City assuming maintenance. Street signs will be installed once the street is paved through and the first building permit is issued on that block. A small sign indicating "Street not yet accepted by City" should be posted and removed when the street is accepted. (Ord. No. 12722, § 2, 2-16-98) 5. Monuments as described in Section 33-2 shall be installed and adequately referenced to facilitate future replacement. Control point monument locations shall be verified or re-established after street paving has been completed and prior to acceptance of the street for maintenance by the City. 6. The developer shall be held responsible for any and all defective workmanship for a period of one year from the date of the acceptance of the improvements described therein. 7. The developer shall be required to provide or cause to be provided adequate water main lines and fire hydrants for fire protection in the subdivision. Water main lines shall be a minimum of six (6) inches in diameter. Larger water main lines shall be installed according to Water Company or Water District standards if determined necessary by said Company or District. In the districts designated RU, RC, RS-I, RS-2, RS-3, RS-4, RD, RA-I and RA-2 by the City zoning ordinance, fire hydrants shall be placed in intervals of not more than six hundred (600) feet along all subdivision streets. In the above designated districts where a block between two intersecting streets is longer than four hundred (400) feet but less than six hundred (600) feet, said block shall require a fire hydrant to be placed at the corner of the intersecting streets. In all other districts, fire hydrants shall be placed in intervals of not more than three hundred (300) feet along all subdivision streets. D. Construction of sidewalks in subdivisions shall be in accordance with provisions in Chapter 32. (Ord. 14277, §2, 11-19-2007) E. Street Lighting 1. The minimum requirement for street lighting facilities shall be one 9500 lumen (residential area) or 25,500 lumen (cotnmercial area) high pressure sodium light at each street intersection and at or within 100 feet of a cul-de-sac, and no further apart than 300 feet within or abutting the subdivision. Light standards shall be approved by the City's Director of ! r Scrvice;;Public Works. After acceptance by the City, the lighting facilities will be maintained and operated at the expense of the City. 2. All street lights shall be installed by the developer prior to acceptance of the streets for maintenance. (Ord. No. 12962, §2, 8-2-99; Ord. No. 12963, §4, 8-16-99) F. Underground Wiring 1. All Electric, cable television, and telephone distribution lines shall be installed underground in all residential subdivisions except those overhead distribution feeder lines necessary to serve the subdivision and in locations as approved by the Commission. Cable switching enclosures, pad - mounted transformers, and service pedestals may also be installed above ground and may be installed as a part of the street lighting standards where approved by the Director of P; nning-d Protective ScrviceaPublic Works. 2. The following words and terms, when used in this section shall have the following meaning: Rev. 9/30/2011 3310 a. Service Line - that portion of the circuit extending from a pad -mounted transformer, pedestal, or pole, directly to the point of delivery to the customer at the building or multiple -occupancy building. b. Feeder Line - that portion of a single-phase or three phase circuit extending from the terminal pole or manhole at or near the perimeter of the subdivision into and throughout the subdivision and used to provide service within the subdivision and from which the pad -mounted transformers are energized, and also including that portion of the secondary circuit extending from a transformer to pedestals, excluding service lines and power lines as herein defined. (These lines are sometimes referred to as 'local primary & secondary Lines") c. Distribution System - terminal poles, manholes, feeder lines, service lines, switch -gear, pad -mounted transformers, conduit, and pedestals utilized to provide service to subdivisions. This does not include power lines. d. Power Lines - that portion of the circuit extending from a distribution substation to a terminal pole or manhole at or near the perimeter of the subdivision and through or beyond the subdivision and which is or may be used to provide service to customers outside the subdivision. 3. The company, firm or individual installing underground wiring shall endeavor to coordinate its construction work with that of the owner, the City and other utilities in order to keep the overall cost of providing underground wiring as low as possible. 4. To the extent practicable and safe, utilities may be installed in the same trench. 5. All construction, installations, maintenance and operation of underground distribution systems shall be in accordance with applicable codes, orders, rules and/or utility specifications. (Ord. No. 14023, §3, 3-20-2006) Sec. 33-10. Streets and alleys; general provisions. A. All subdivision streets shall be arranged to provide for the continuation of existing streets in adjoining subdivisions and, to the extent possible, the anticipated projections of streets through adjoining unsubdivided or undeveloped property to allow for convenient movement of vehicular traffic and the orderly development of adjoining property and shall adhere to the Master Street Plan where applicable. B. Each lot shall front upon a publicly dedicated street acceptable by the City or, upon approval of a planned unit development, a private street, if approved by the City. (Ord. No. 13986, §3, 12-19-2005) C. When a new subdivision adjoins undivided lands, susceptible to being subdivided, the new streets shall be carried to the boundaries of the tracts proposed to be subdivided at a later date and a temporary cul- de-sac shall be installed at this point. D. Permanently designed dead end cul-de-sac streets shall not be longer than eight hundred (800) feet and shall be provided with a turn -around at the closed end. E. Blocks shall be wide enough to allow two tiers of lots except where prevented by topographical conditions, in which case the Commission may alter the size. The minimum and maximum block lengths shall be as follows: Rev. 9/30/2011 3311 Arterial Collector Commercial Residential Lane -Court Place -Court Minimum Maximum 300' 1000' 300' 1000' Administrative 1000' Approval Administrative 1000' Approval Administrative 1000' Approval Administrative 1000' Approval F. Streets shall intersect one another at as near a right angle as possible and no intersection angle shall depart from a right angle more than twenty (20) degrees. Residential street intersections shall be rounded with a radius of twenty (20) feet for right angle intersections. All other intersections radii shall be as approved by the Director of Public Works. G. All streets in exact or approximate alignment with existing named streets shall bear the names of such existing named streets. All other streets shall be assigned names which do not conflict with names of existing streets. Postal addresses for each lot shall be assigned by the Director of Planning and Protective Services. H. Whenever there exists a platted half street or half alley adjacent to land platted for a subdivision, the remaining half of the street or alley shall be provided for on the plat of the subdivision. 1. Utility easements for distribution systems shall be located as deemed necessary by the Commission after recommendations have been received from the Director of Planninz and Protective Servicef,Public Works. The width of utility easements shall be as determined by the Director of Pl nnin and Pr •ee,:.e ServiczsPublic Works but in no event shall it be less than ten (10) feet. J. No street shall have more than fifteen (15) percent grade, except that a Place Court, a Lane -Court, or a Residential Street may have a maximum grade of twenty (20) percent when it is not a dead-end street. Sec. 33-11. Streets and alleys; rights-of-way, design. A, The widths of right-of-way for streets and alleys and the improved width of roadways within such rights- of-way, unless modified by the Commission because of unusual conditions or circumstances, are established as follows: I. Arterial Street. The right-of-way shall be at least eighty feet (80) wide and the improved roadway shall be at least thirty-seven feet (37) wide (face-to-face of curb). No parking shall be designed for either side of the street. a. Purpose and Applicability. This section establishes the requirements for the approval, construction, maintenance and operation of private streets including gated entrances across private streets or drives. All private streets and gated entrances shall adhere to these requirements whether the subdivision or development is new or existing if the private street or gated entrance serves more than one residential dwelling unit. Rev. 9/30/2011 3312 b. Eligibility Criteria. Private streets shall only be permitted when they satisfy all of the following criteria and conditions: (1) Private streets shall only be allowed in an approved planned unit development containing not more than 50 residential dwelling units; (2) Private streets shall not cross or interfere with an existing or future collector or arterial street shown on the City's Major Thoroughfare Plan; (3) Private streets shall serve an area generally isolated by natural barriers (e.g., creeks, flood plains, steep bluffs) or man-made barriers (e.g., golf course, cemetery or park); (4) Private streets shall not provide the only means of access to public streets from an adjacent development or undeveloped land not served by the private streets; (5) Private streets shall not cross or interfere with an existing or future public pedestrian pathway, greenway trail or park as shown on the City's Parks & Recreation Master Plan. c. Property Association Required. All developments with private streets shall have a mandatory property (homeowners) association which includes all property served by the private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents must establish a reserve fund for the maintenance of streets and other improvements. The association documents shall be reviewed and approved by the City Counselor to ensure that they conform to this and other applicable City regulations. The documents shall be filed of record in conjunction with recording of the final plat. Property deeds must convey membership in the association, and must provide for the payment of dues and assessments required by the association. The association may not be dissolved and no portion of the association documents pertaining to the maintenance of private streets, and assessments therefore, may be amended without the written consent of the City. d. Private Street Designation. Private streets shall be constructed within a separate tract of land designated as common area and owned by the property owners association. This tract must conform to the City's standards for public street rights-of-way. An easement covering the entire street tract shall be granted to the City providing unrestricted use of the property for construction and maintenance of public utilities. This right shall also extend to all public utility providers and public telecom companies operating within the City. The easement shall also grant the City the right of access to provide any governmental service or function, including but not limited to, fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the street tract that may impair emergency access. e. Construction and Maintenance. All private streets shall be designed and constructed in accordance with the City's improvement standards for publicly dedicated streets. The City shall not pay for any portion of the cost of constructing or maintaining a private street. The property association documents shall give the City the right to inspect private streets and require any repairs at the sole expense of the association necessary to ensure efficient emergency access and/or to protect the health, safety, and welfare of the residents. After giving written notice, the City shall also have the right to perform such repairs and place a lien upon the lots within the association to recover the cost thereof. f. Infrastructure/Utilities. All storm sewer facilities, sidewalks, street lights, and traffic control devices (e.g., stop signs) placed within the private street tract shall be installed Rev. 9/30/2011 3313 g. to City standards and maintained by the property association. Utilities (e.g., electric, gas, telephone, cable TV, water, and sanitary sewer lines) installed to established standards in proper dedicated public utility easements may be accepted and maintained by the respective utility provider. Plans and Inspections. Developments with private streets must include the same plans and engineering information required for public streets, sidewalks, and sanitary and storm sewers. City requirements pertaining to the review, inspection and approval of these improvements, as well as fees charged for these services, shall apply equally as if they were public facilities. h. Signage. The entrances to all private streets must be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained by the City. Gated Private Streets. The City Council shall have sole discretion to determine when a gate may be permitted across any private street or drive and whether to grant any variance from the provisions of this section. The City Council may deny the creation of any gated private street if, in their sole judgment, the gate would adversely affect traffic circulation on public streets, impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or cause possible delays in the response time of emergency vehicles. Approval of the gate or variance shall be by approval of a preliminary plat or PUD site plan for a new development, or the passage of a resolution when the subdivision or development pre-exists the request for a gate. Access Control Gate Standards. All gates across private streets or drives must meet the requirements and standards established by the Director of Planning and Protective Services as well as applicable building, fire and other City Codes. Only gates that swing open horizontally in the direction of travel or slide open perpendicular to the direction of travel will be permitted. The installation shall be completed and tested prior to issuance of any occupancy permits. All access control gates must be manned twenty- four (24) hours every day, or they must provide an automatic access system, approved by the City, allowing quick access to the development by 911 emergency vehicles. The City shall have the right to designate the type of automatic access system which it deems to be appropriate. A reliable mechanical or electronic gate opening device shall also be installed to allow efficient access by other public service providers (e.g., postal carriers, utility companies, building inspectors, etc.). If the association fails to maintain reliable access as required herein, the City may remove any gate or device which is a barrier to access at the sole expense of the property association. The association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council. k. Entrance Design Standards. Any private street with restricted access must have a minimum pavement width of twenty-four (24) feet at the location of the access control gate. If the entrance incorporates a median or guard house which necessitates a divided arrangement, the pavement width of each lane shall not be less than fourteen (14) feet. If an overhead barrier is used, it must be a minimum of thirteen and one-half (13.5) feet in height above the road surface. A turn -around space must be located in front of any gated access entrance to allow vehicles denied access to safely exit onto public streets without having to back up into the street. The design of such turn -around shall accommodate smooth, single -motion U-turn movements by large passenger vehicles (e.g., vans, pick-up trucks, etc.); passenger vehicles with short trailers (e.g., small flatbed, or box -type moving trailers); and the types of service vehicles that typically J. Rev. 9/30/2011 3314 visit or make deliveries to residential developments (e.g., utility vehicles, parcel deliverytrucks, two to three-axle trucks used by contractors and moving companies). The design of all proposed entrances, including sidewalk connections, gate houses, and entrance lights, must be submitted for review by the Planning and Zoning Commission along with the construction plans for the subdivision, and must be approved by the City Council along with approval of the final plat. I. Waiver of Services. The subdivision final plat, property deeds and property association documents shall note that certain City services shall not be provided on private streets. Among the services which will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and access limitations, other services may not be provided. m. Petition to Convert to Public Streets. The property association documents shall allow the association to petition the City to accept private streets and any associated facilities (e.g., storm sewers, street lights, traffic control devices) as public streets and right-of- way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and associated facilities and to assess the property owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's expense, the removal of any guard houses, access control devices, landscaping and/or other aesthetic amenities located within the street tract. The association documents shall grant the City the right to provide such removal and assessment. Those portions of the association documents pertaining to the subject matter contained in this Section shall not be amended without the written consent of the City. n. Hold Harmless. The property owners association, as owner of the private streets and appurtenances, and the individual lot owners shall agree to release, indemnify, defend and hold harmless from liability imposed by law, the City, any other governmental entity, and any medical services provider or public utility entity for damages and injury (including death), arising from the existence, condition or use of private streets or restricted access gate across private streets by the City, governmental entity, medical services provider or public utility entity. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury (including death) are caused by the negligent act or omission of the city, governmental entity, medical services provider or public utility. The above language shall be contained in the recorded final plat, property deeds and the deed restrictions and covenants and shall run with the land and shall not be altered without the written consent of the City. 2. Collector Streets. The right-of-way shall be at least sixty feet (60) wide. If parking is designed for both sides of the street, then the improved roadway shall be at least thirty-nine feet (39) wide (face-to-face of curb). If parking is designed for one side of the street, then the improved roadway shall be at least thirty two feet (32) wide (face-to-face of curb). 3. Commercial Streets. a. If parking is designed for both sides, then the right-of-way shall be at least sixty feet (60) wide, and the improved roadway shall be at least thirty-nine feet (39) wide (face- to-face of curb). Rev. 9/30/2011 3315 b. If parking is designed for one side, then the right-of-way shall be at least sixty feet (60) wide, and the improved roadway shall be at least thirty-two feet (32) wide (face-to-face of curb). c. If parking is not designed for either side, then the right-of-way shall be at least fifty feet (50) wide, and the improved roadway shall be at least twenty-seven feet (27) wide (face-to-face of curb). 4. Residential Streets. a. If parking is designed for both sides, then the right-of-way shall be at least sixty feet (60) wide and the improved roadway shall be at least thirty-four feet (34) wide (face-to- face of curb). b. If parking is designed for one side, then the right-of-way shall be at least fifty feet (50) wide and the improved roadway shall be at least twenty-seven feet (27) wide (face-to- face of curb). 5. Lane Court. The right-of-way shall be at least fifty feet (50) wide and the improved roadway shall be at least twenty-seven feet (27) wide (face-to-face of curb). Parking may be designed for one side. - 6. Place Court. The right-of-way shall be at least fifty feet (50) wide and the improved roadway shall be at least twenty-four feet (24) wide (face-to-face of curb). Parking may be designed for one side. 7. Alleys. The right-of-way for an alley shall be at least twenty-four feet (24) wide and the improved roadway shall be at least twenty feet (20) wide. 8. Permanent Cul-de-sac. A permanent cul-de-sac shall have a minimum right-of-way radius of fifty (50) feet, be curbed and guttered, and have a minimum paved area radius of forty (40) feet (face-to-face of curb). 9. Temporary Cul-de-sac. A temporary cul-de-sac shall be curbed and guttered and have a minimum paved area radius of forty (40) feet (face-to-face of curb). The paved area shall be located on right-of-way and/or on a temporary street easement. The temporary street easement shall be acceptable to the Director of Planning and Protective Services and shall be vacated when the street is extended. 10. All street cross sections, with the exception of alleys, shall contain a sidewalk/utility corridor. The corridor shall be a minimum width of 10 feet located directly behind the back of curb on both sides of the street. The corridor grade shall be no greater than 2%. The corridor is considered part of the street cross section and shall be placed to grade with construction of the street. (Ord. 13629, §3, 10-6-2003). Rev. 9/30/2011 3316 B. The minimum street avement section shall be as depicted in the Standard Construction Drawings residential-str )- basc with two (2) inches Type "C" asplfialtic c. .. " _ e-14-i.;hway Specifications-)—wikr }pec-i-fications on file in the office of the Director of Planning—and—e ee ive Service,Public Works. All developers shall be required to meet this these minimum requirements - , Additional design requirements above the minimum specified herein shall be the responsibility of the City. Sec, 33-12. Lot identification. A. All lots in original subdivisions shall be numbered consecutively from one through the total number of lots, even though the subdivision may be recorded in sections. B. In re -subdivisions, all lots shall be lettered alphabetically from the letter "A" through the total number of lots. C The size and width of lots shall meet the minimum requirements of the Zoning Ordinance for the area being subdivided and the side lot lines shall be arranged at right angles to street lines or radial to curved street lines, and shall front on a dedicated public or an approved private street. All lots shall have at least 35 feet of street frontage. (Ord. 13986, §5, 12-19-2005) Sec. 33-13. Variations from provisions. A. When the Director of Planning and Protective Services determines that in a particular instance an owner cannot possibly or practically observe the requirement of any provision or provisions of this chapter, except in regards to construction of sidewalks, because of the presence of unusual circumstances or conditions, and that the strict application of the requirements of such provisions would either prevent, or present a serious obstacle to the formulation of a plat for the reasonable use and development of land in subdivision form, the Director shall make a written recommendation to the Commission that a variation from the requirements of such provisions be permitted and state the facts upon which the recommendation is made. (Ord. 13600, §12, 9-2-2003; Ord. 14277, §3, 11-19-2007) B. The Commission, upon consideration of the facts presented with the recommendation, may permit the owner to vary from the requirements of such provisions if it determines that the intent of this chapter is not being violated and adjoining property is not materially or adversely affected. C. Variation or waivers from the requirement to construct sidewalks in new major subdivisions shall be governed by the variance provisions contained in Chapter 32. (Ord. 14277, §3, 11-19-2007) Sec. 33-14. Recordation of plats. A. A plat of land within the City shall not be filed and recorded until such plat has been accepted and approved by ordinance. B. When the approval of the City has been endorsed upon the plat and the plat has been transmitted to the Recorder as outlined in Section 33-8(B)(7), the owner, or the agent thereof, shall have the plat recorded in the office of the Recorder of Deeds in Cole County, Missouri, within thirty (30) days thereof, or the City may enact an ordinance withdrawing its approval and acceptance of such plat. Rev. 9/30/2011 3 317 Sec. 33-15. References. When reference is made in this Chapter to any other ordinance of the City, or any section or sections thereof, or to any statute of Missouri, the reference shall apply to all amendments and additions to such ordinance, section or sections thereof, or statute. Sec. 33-16. Unconstitutionality clause. Should any clause phrase, paragraph, subsection, section or any other provision, or portion thereof, of this Chapter be declared invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other portion of such sections as it is expressly declared that the remaining provisions and portion of these sections would have been enacted independently of such invalid portion or portions. Sec. 33-17. Penalty clause. Any person, association, partnership or corporation who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than One Hundred Dollars ($100.00) each day that a violation exists shall constitute a separate and distinct offense. (Ord. No. 11045, 6-20-88; Ord. No. 14829, §19, 8-1-2011) Rev.9/30/2011 3318 Editor's Notes Ordinance No. 13986 corrected administratively to indicate the Code chapter being amended should have been Chapter 33 instead of Chapter 3. Rev. 9/30/2011 3319 RESOLUTION RS 2011-33 Sponsored by Councilman Scrivner A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI ADOPTING A LIVABLE STREETS POLICY WHEREAS, the City of Jefferson is committed to providing a safe, comfortable, efficient, and connected transportation network for all users; and WHEREAS, everyone is a pedestrian, but youth, older citizens, and citizens with disabilities often rely on non -motorized modes, transit, and mobility aids to meet basic transportation needs; and WHEREAS, the City desires to promote public health by encouraging walking and bicycling as part of active living; and WHEREAS, the City desires to promote not only quality of life for residents, but quality of place for tourists and visitors to the Capital City, irrespective of mode of travel, realizing that all will benefit from complete or "livable" streets; and WHEREAS, the City previously adopted the Jefferson City Sidewalk Plan, which recognizes the contribution of sidewalks to the transportation network. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson, Missouri, as follows: Section 1. Title This policy shall be known as the "Livable Streets Policy." Section 2. Purpose. The Livable Streets Policy sets forth guiding principles and practices to be considered in transportation projects, so as to encourage walking, bicycling, and transit use while promoting safe use and operations for all users. Section 3. Definitions, Livable Street — means a transportation corridor for all users including pedestrians, bicyclists, transit riders, cars, trucks, motorcycles, and buses. "Livable Streets" are designed and operated to safely facilitate movement of 1 people of all ages and abilities from destination to destination along and across a continuous travel network. Livable Street Elements — means transportation improvements, facilities, and amenities that accommodate and/or promote multiple modes of travel, including pedestrian, bicycle, and transit in addition to cars, trucks, motorcycles, and buses. These elements are defined and recognized by the Institute of Transportation Engineers and the American Planning Association. Public Improvement Project -- means new roads, trails, sidewalks, and facilities or reconstruction thereof, as well as private improvement projects constructed and/or maintained in whole or part with City funds, owned or leased by the City and/or intended to be dedicated to the City. Section 4. Applicability. 1. This policy applies to the design, construction, and maintenance of Public Improvement Projects. 2. The City shall consider public plans, standards, regulations, and ordinances that further this Policy. Section 5. Guiding Principles. Guiding principles and practices of the "Livable Streets Policy" are as follows: 1. "Livable Streets" are designed to serve everyone — pedestrians, bicyclists, transit riders, and motorists — and persons of all ages and abilities. 2. The design and construction of all Public Improvement Projects should include Livable Streets elements identified in and required by the following plans, except as limited by Paragraph 3, below. a. Public plans; b. Capital Improvement Plan adopted by the City Council; c. Development codes and ordinances. 3. Livable Streets Elements should be considered within the balance of mode and context of the community, including, but not limited to, environmental sensitivity, cost, budget, demand, probable use, space, and area requirements and limitations, and legal requirements and limitations. 4. The City intends to incorporate Livable Streets principles into all public strategic plans, standards and regulations, and subsequent updates, including a. Comprehensive plan, neighborhood plans, Greenway Plan b. Development related codes and ordinances, including the Zoning Code, Subdivision Code, and other relevant codes, 2 c. Capital Improvement Plans adopted by the City Council d. Design manuals, e. Policies, practices, procedures, programs, rules, and training, as directed by the City Administrator 5. It is a goal of the City to foster partnerships with the State of Missouri, Cole County, Callaway County, Capital Area Metropolitan Planning Organization, Lincoln University, public and private schools, neighborhoods, businesses, and citizens in consideration of functional facilities and accommodations in furtherance of the City's Livable Streets Policy, and the continuation of such facilities and accommodations beyond the City's borders or maintenance. 6. The City recognizes that Livable Streets may be achieved through elements incorporated into a single project or incrementally through a series of improvements or maintenance activities over time. 7. The City will consider possible funding sources to plan and implement this policy and shall investigate grants that may be available to make Livable Streets more economically feasible. Section 6. Livable Streets Summary. 1. A summary or description of the Livable Streets Elements of all Public Improvement Projects shall be included in: a. The Capital Improvements Plan; and b. The development review report of any private development plan that requires City Council approval. 2. If a Livable Streets Element identified in and required by adopted public plans or development related ordinance is not incorporated into the project, such omission shall be documented in the Livable Streets Summary that demonstrates: a. That the accommodation is not necessary because non -motorized use is prohibited; b. That the cost of accommodation is excessively disproportionate to the need or probable future use; or c. A documented absence of current or future need. d. Documentation shall be conducted by appropriate staff; or for private projects, the owner shall conduct the documentation. e. The documentation shall be submitted to the City Administrator and/or the City Council, as appropriate, for consideration prior to approval of project design. 3 Section 7. Livable Streets Advisory Board. A Livable Streets Advisory Board shall be established. Adopted this 21St of November, 2011 Eric J. �e i'. "9 ayor ATTEST: APPROVED AS TO FORM: City ' Ierk Interim City Counselor 4 Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffersoncitymo.gov Date: May 2, 2019 To: Public Works and Planning Committee From: David Bange P.E., City Engineer r� 3 Subject: Cole County Courthouse Landscaping Plan The Committee is being asked to approve the proposal by the County Commission to make minor alterations to the existing High Street landscaping as they look to make improvements to the overall landscaping and pedestrian accommodations around the Cole County Courthouse. Last year the City undertook a project which replaced deteriorated sections of curb and sidewalk in the Downtown area. That project did not address the sidewalks in front of the Courthouse since the City was aware that the County was anticipating a more comprehensive project. The County's proposal creates a larger paved area along High Street which is envisioned as a gathering area for those leaving the courthouse. It also rearranges the benches and moves them further from the street to create a plaza area. To create this space and to allow for the freer flow of pedestrian traffic the proposal shifts the trees that are currently within tree wells at the street edge to the lawn behind the sidewalk. Work will also take place along Madison Street with the sidewalk matching the exposed aggregate finish with the brick pattern accents that we have on High Street. It is our understanding that the County would like to move forward with the improvements this summer with the intention of having the work complete by this fall. If you have any questions I can be reached at 634-6433. DB:db U:1PublicworkslEngineeringldbange\PUBLIC WORKS & PLANNING1201915-20191CoIe County Courthouse Landscaping.docx COLE COUNTY COURTHOUSE STREETSCAPE APRIL 29, 2019 Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.641 0 • F: 573.634.6562 • www.Jeffersoncitymo.gov Date: May 3, 2019 To: Public Works and Planning Committee From: David Bange P.E., City Engineer pa Subject: Country Club Overlay and Pedestrian Shoulder Staff would like to make the Committee aware of a plan to overlay Country Club Drive from Highway 179 to the splitter island at the mall, including a paved shoulder that will be striped for pedestrian use. Country Club Drive is part of the old state highway and is approximately 20 feet wide with no curb or enclosed stormwater system, and with intermittent gravel shoulders predominantly on the northern side of the street. The current pavement is showing numerous signs of distress including various types cracking and raveling. For a number of years there have been complaints concerning the maintenance of the gravel shoulders particularly as it pertains to snow plows and the movement of gravel into the adjoining yards. There have also been concerns voiced about the lack of pedestrian accommodations in the area particularly since sidewalks have been installed along Country Club and other areas near the mall. With the need to overlay the street there appeared an opportunity to address the other concerns by paving the shoulder and striping it as a pedestrian walkway. As proposed the street would remain 20 feet wide with a ten foot wide vehicular lane in each direction. In addition to that would be a six foot wide walking path separated from the vehicular lanes by a two foot wide striped buffer area. Pavement marking and signage would be used to denote and emphasize it use as a pedestrian facility. A perspective drawing of this arrangement is attached as is a plan view of the overall striping and signing plan. In accordance with the 2007 Greenway Master Plan which indicated the route as part of a connection to Binder Park, shared lane markings for bicycles are also proposed. If you have any questions 1 can be reached at 634-6433. DB:db U:IPublic Works \EngineeringldbangelPUBLIC WORKS & PLANNING \2019\5-20191County Club Overlay.docx 9 UJ City of Jefferson au. SHEET NAME PROJECT NAME AND NUMBER No: Date: Revision and Description: Proje ct address o approximate location noted here fV "_ o cW City of Jefferson SHEET NAME PROJECT NAME AND NUMBER No: Date: Revision and Description: ProJec t address o approximate location noted here City of Jefferson 0AAAAA.,0•0' or PP..ia waw.. ora.. n SHEET NAME No: Date: Revision and Description: PROJECT NAME AND NUMBER Protect address or approximate location noted here 2019-2020 PUBLIC WORKS AND PLANNING COMMITTEE MEETING SCHEDULE Following is a list of regularly scheduled meetings of the Public Works and Planning Committee through April, 2020. All meetings will be held at 7:30 a.m. in the Boone/Bancroft Conference Room (upper level) John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri, on the second Thursday of the month. We will follow this schedule unless you are notified of a change. All agenda items must be submitted two weeks in advance of the meeting. MONTHLY MEETING DATE May 9, 2019 June 13, 2019 July 11,2019 August 8, 2019 September 12, 2019 October 10, 2019 November 14, 2019 December 12, 2019 January 9, 2020 February 13, 2020 March 12, 2020 I April 9, 2020