ARTICLE CURB CUTS*

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1 ARTICLE CURB CUTS* Sec Definitions For the purpose of construction and enforcement of this article, certain abbreviations, terms, phrases and their derivatives shall be construed as set out in this article unless the context indicates otherwise. Words used in the singular include the plural. Words used in the masculine sender include the feminine and the feminine gender includes the masculine. Words relating to buildings and structures on private property and their use, when not otherwise specifically defined, and when set out in this article shall be construed to conform to the specific meaning set out in the building code and the zoning laws of the city. All other words shall have their usual meaning. The building official and/or public works director may modify these provisions if such directive would cause a manifest injustice to either party. When a public official is referred to by only the title of his office, such reference shall be construed as if followed by the words "of the city" or "his authorized deputy" unless the context indicates otherwise. These words when used in this article are defined as follows: Angle Parking. Parking where the longitudinal axis of vehicles forms an angle with the alignment of the roadway. Approved. Approval by the building inspector based upon accepted principles, or upon reports of investigation and tests by national authorities, technical or scientific organizations. Commercial Driveway Approach. An area, construction or facility between the roadway of a public street and private property arranged or designed to provide access for motor vehicles from the roadway to premises used for other than residential use. Contractor. Any person, firm or corporation engaged in the business of installing or altering walks, drives, curbs, gutters, or pavement, or appurtenances on public property whether by contract, day labor or otherwise. This term shall also include those who represent themselves to be engaged in the business whether actually doing the work or not and includes any person who subcontracts to do such work. Crosswalk. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surfaces. Curb. A vertical or sloping member along the edge of a pavement forming part of a gutter, strengthening or protecting the pavement edge and clearly defining the pavement edge to vehicle operators. The surface at the curb facing the general direction of the pavement is called the face. Driveway Approach. An area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property. Gutter. The artificially surfaced and generally shallow waterway provided usually at the side of the street adjacent to, and part of, the curb for the drainage of surface water. Intersection. The area embraced within the prolongation or connection of the edges of the roadway of two (2) or more streets which join at an angle whether or not one such street crosses the other. Where a street includes two (2) roadways thirty feet (30') or more apart, then each crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event such intersecting street also includes two (2) roadways thirty feet (30') or more apart, then each crossing of two (2) roadways of such street shall be regarded as a separate intersection.

2 Off-Street Parking. A type of parking wherein the maneuvering of the vehicle while parking and unparking as well as the actual parking itself is done entirely on private property and where access to area is by means of standard driveway approaches. Residential Driveway Approach. An area, construction or facility between the roadway of a public street and private property arranged or designed to provide access for motor vehicles from the roadway to premises used for residential use. Roadway. That portion of a highway, street or road, improved, designed, or ordinarily used for vehicular travel. In the event a street includes two (2) or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines for the use of pedestrians. Street. A general term denoting a public way for purposes of vehicular travel, including the entire area within the rightof-way. This term shall also be used in urban areas to denote a highway or street and in rural areas shall denote a highway or road. Street Right-of-Way. A strip of land which may be used as a thoroughfare and for access to abutting property and which is used, dedicated or deeded for public use. Traffic Island. An island, with a barrier edge to exclude vehicles, designed for the purpose of separating or directing streams of vehicular traffic. Sec Purpose (a) The purpose of this article is to control the cutting of all curbs on all improved streets within the corporate limits of the city and any streets maintained by said city beyond its corporate boundaries. (b) To assure adequate access to abutting private property with a minimum of interference with the free and safe movement of traffic and to provide such access in such a manner as not to create areas of traffic congestion along the street and so that traffic entering and leaving the roadway will not impede, confuse, imperil, or otherwise interfere with normal vehicular traffic and so not to interfere with normal maintenance of the street. (c) Certain facilities are declared herein to be nuisances and, as such, shall be abated. (d) Unrestricted access and lack of means to clearly define pavement edge of vehicle operators are declared to adversely affect the safe movement of traffic and to be nuisances and, as such, shall be abated in the manner hereinafter prescribed. Sec Fee for Utility Trunk Line Cuts The fee for utility trunk line cuts involving long distances shall be as provided for in the fee schedule found in the appendix of this code. Sec Scope Facilities for access to abutting private property hereinafter constructed shall conform to the requirements of this article. Sec Responsibility for Safe Work This article shall not be construed to relieve from or to lessen the responsibility or liability for damages of any person owning, controlling or installing any surfaces or appurtenances to persons or property caused by any defect therein or

3 shall the city be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing, or appurtenance. Sec Unlawful Work It shall be unlawful for any person not having a permit from the office of the city engineer to, in any manner, change or alter access facilities or surfacing in or on any premises or street area. Sec Enforcement of Article The provisions of this article shall be administered and enforced by the building inspector of the city and for this purpose he shall have police powers. Sec Liability of Building Inspector When action is taken by the building inspector or his authorized representatives to enforce the provisions of this article, such action shall be in the name of and on behalf of the city and the building inspector or his representatives so acting for the city shall not render themselves personally liable for any damage which may accrue to persons or property as a result of any action committed in good faith in the discharge of their duties and any suit brought against the building inspector or his representatives by reason thereof shall be defended by the city attorney until final termination of the proceeding contained therein. Sec Authority of Building Inspector The building inspector shall have authority to take the legal steps necessary to secure compliance with the provisions of this article. The building inspector or his authorized agent shall have the right to enter any premises in the discharge of his official duties or for the purpose of making any inspection, reinspection, or test, or otherwise, to insure compliance with this article. The building inspector shall have the power to inspect or reinspect surfacing, the laying of surfacing materials and issue notices or affix them to premises or to reject surfacing materials not meeting the standards provided in this article. The building inspector shall have the power to control and regulate improvements and facilities placed upon public property and the power to cause to be removed all obstructions and encroachments not in conformance with a valid permit and the requirements herein. Sec Permits Required (a) It shall be unlawful for any person to construct, reconstruct, alter, repair, remove, replace, pave, repave, surface or resurface any walk, drive, curb, gutter, paved area or appurtenance on public property in the city without first obtaining from the building inspector a permit to do so. (b) Whenever the building inspector shall refuse to issue a permit as required hereinabove, the person requesting the permit may appeal the decision to refuse the permit to the board of adjustments and appeals, as created by the building code of the city. (c) The board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provision of this article to any particular case where, in its opinion, the enforcement thereof would do manifest injustice, and could be contrary to the spirit and purpose of this article or public interest, or when, in its opinion, the interpretation of the building inspector should be modified or reversed. Sec Application (a) To obtain a permit as required by this article, the contractor or his authorized representative shall file with the building inspector an application in writing therefor on a form to be furnished for that purpose.

4 (b) Each application for a permit shall describe the abutting property adjacent to which the proposed work on public property is to be done, either by lot, block, or tract and house number, location on the street or similar description that will readily identify and definitely locate the site of the proposed work. Each applicant shall give such other reasonable information as shall be required by the building inspector. Sec Fees The applicant for a permit shall, in addition to filing an application therefor as provided above, pay to the building inspector, before such permit is issued, a fee as required in this article. The fee for such permit shall be as provided for in the fee schedule found in the appendix of this code, except that no fee shall be required where request involves new buildings. The building inspector shall keep a permanent accurate account of all fees collected and received under this article and shall give the name of the person upon whose account the same was paid and the date and the amount thereof together with the location of the premises to which they relate. Such funds shall be turned over to the city treasurer as provided by the charter. No fee shall be required for a permit for the placing of surfacing or appurtenances immediately adjacent to property which is exempt from taxation under the Constitution of the State or the Laws of the state, or on property which the Constitution authorizes the legislature to exempt from taxation. Sec Plans Required Copies of a lot or plot plan showing the exact location of the proposed building or structure and of every existing building or structure abutting property and every existing facility on public property adjacent thereto to the center line of the street right-of-way and of all proposed walks, drives, curbs, gutters, pavements and appurtenances, and such plans shall be filed in triplicate with the building inspector; provided, however, that when specifically authorized by the building inspector, plans for small and unimportant work need not be provided. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature, character and extent of the work proposed and showing in detail that the work will conform to this article and to all related laws, rules and regulations. Plans which are submitted at the time application is made, as provided in the building code, for construction on abutting property may be used to meet this requirement when such plans are properly approved. Sec Method of Approval The application and plans filed by an applicant for a permit shall be examined by the building inspector and the city planning director, and, if found to be in conformity with the requirements of this article and with all other laws and chapters applicable thereto, the building inspector shall issue a permit therefor upon payment of required fee or fees. When the building inspector issues the permit, he shall endorse in writing or stamp one set of plans which shall be returned to the applicant, which set shall be kept on the building or work at all times while the work authorized thereby is in progress and shall be accessible to public officials. These approved plans shall not be changed, modified, altered or departed from without written permission from the building inspector. One set of the plans shall be retained by the building inspector as a public record. One set of plans is to be retained by the city planning department. Sec Limitations (a) Each permit shall expire and become null and void if the work authorized by such permit is not commenced within six months of the date of permit or if the work authorized by the permit is suspended or abandoned after the expiration of the initial six (6) months period. Before the work can be recommenced, a new permit shall be obtained. No permit issued in violation of this article shall operate as granting any vested right, and upon discovery of any such violation of this article, the permit shall be deemed null and void and confer no right whatsoever under it. (b) Building permits for improvements on premises for other than residential use on abutting property shall be subject to and conditioned upon the providing of driveway approaches and curbs in the manner as herein provided. Sec Installations Governing Walks, Drives, Curbs, Gutters and Pavements

5 The installation of walks, drives, curbs, gutters, pavements, and appurtenances shall comply with the following requirements: (1) Alignment: The work authorized by such permit shall be aligned with the and set to the grade as determined by the director of public works. (2) Protection of Stakes: Stakes set by the city engineer shall be protected by the contractor grade and line stake; shall be set by the director of public works upon request. (3) Lights and Guards: The contractor shall provide necessary red lanterns and safeguards so placed that pedestrians will not be injured and be protected from injury. Provisions shall be made for the passage of water in the street gutter. (4) Clean-Up: Immediately upon completion of the work, the contractor shall remove from the area all unused material, dirt and debris. He shall see that the entire area is broom clean and useable. (5) Obstructions: Where it is necessary that water services be rearranged or meter boxes be reset, the contractor shall notify the superintendent of the city water works in writing, not less than twenty-four (24) hours prior to the commencing of the work. (6) Retaining Walls: No buttresses, steps, projections, retaining walls or fences shall be constructed on any public property unless such construction is properly covered by a franchise. Sec Standards Regulating Access and Facilities Walks, drives, curbs, gutters, pavements and appurtenances on public property and other facilities to provide access to premises used for residential purposes shall be constructed, provided, or repaired in accordance with the following standards. (1) Residential Driveway Approaches: Residential driveway approaches shall comply with the following standards: (A) Width of Driveway Approach: Residential driveway approaches shall not be less than nine feet (9') nor more than thirty feet (30') in width measured at the property line. (B) Radius: Residential driveway approaches shall be constructed with the return curbs having a rolled face disappearing at the sidewalk and joining the street curb with a five foot (5`) minimum radius or two foot six inch (2' 6") minimum flare.

6 (C) Provisions for Joint Approaches: Driveway approaches shall be located entirely within the frontage of the premises abutting the work except that joint driveway approaches with adjoining property holders may be permitted provided joint application is made by all interested parties, and the width of the driveway approaches does not exceed thirty-two feet (32'). (D) Sidewalk to be Removed: Where the residential driveway approach is designed to cross an existing sidewalk, the sidewalk included in the driveway approach area shall be removed and reconstructed as a driveway approach except the building inspector may permit sidewalk to remain, provided it is to correct line and grade and in good condition. (E) Curb and Gutter to be Removed: Where a driveway approach is to be constructed at a location where there exists a curb and gutter, said curb and gutter shall be removed to the nearest construction joint. The driveway approach shall extend to the back side of the existing or future sidewalk.

7 (2) Commercial Driveway Approaches: Walks, drives, curbs, gutters, pavements and appurtenances on public property and other facilities to provide access to premises used for other than residential purposes shall be constructed, provided or repaired in accordance with the following standards and requirements: (A) Width of Driveway Approach: The width of any commercial driveway approach shall be not less than nine feet (9') nor more than thirty feet (30') measured along the property line, except driveway approaches for vehicle service stations shall not exceed forty-five feet (45') measured along the property line and driveway approaches for motor vehicle docks within a building shall not exceed sixty feet (60') in width at the property line. Where more dock space is required the driveway approaches shall be separated by a traffic island meeting the standards set out in (D) below. (B) Maximum Space to be Occupied by Driveway Approaches: Driveway approaches shall not occupy more than sixty percent (60%) of the frontage abutting the roadway of the tract of ground devoted to one (1) use which abuts the roadway. (C) Number of Driveway Approaches Allowed: Not more than one (1) entrance and one (1) exit shall be permitted on any parcel of property with a frontage of one hundred and fifty feet (150') or less. Additional entrances or exits, for parcels of property having a frontage in excess of one hundred and fifty feet (150'), may be permitted, after proof to the city engineer of necessity and convenience to the public.

8 (D) Separation Between Driveway Approaches: When more than one (1) driveway approach is required to serve a parcel of property, a traffic island shall separate the driveway approaches. The width of the traffic island at the property line shall be a minimum of fifteen feet (15'). Where the grade at the property line is the same as the sidewalk, a six inch (6") raised curb shall be constructed at the back of the traffic island along the property line. The raised curb shall be constructed so as to end eighteen inches (18") from the intersection of the driveway approach with the property line. (E) Provision for Joint Approaches: Driveway approaches shall be located entirely within the frontage of the premises abutting the work and shall be located not less than five feet (5') from each side of the property line wherever possible, except that joint driveway approaches with adjoining property holders may be permitted provided joint application is made by all interested parties, and the width set out in subsection (A) above is not exceeded. (F) Angle of Driveway Approach: The angle of the driveway approach with the curb line shall be not less than forty-five (45) degrees and shall not be more than ninety (90) degrees. (G) Radius: Commercial driveway approaches shall be constructed with the return curbs having a roll face disappearing at the street curb with a five foot (5') minimum radius or flare. (H) Sidewalk to be Removed: Where a commercial driveway approach is to be built, the sidewalk

9 shall be removed and the entire area replaced as a driveway. The driveway approach shall extend to the back side of the existing or future sidewalk. (I) Curb and Gutter to be Removed: Where a driveway approach is to be constructed at a location where there exists a curb and gutter, said curb and gutter shall be removed to the nearest construction joint. The driveway approach shall extend to the back side of the existing or future sidewalk. (J) Driveway Approach Grade: In order to provide proper clearance for bumper guards and exhaust pipes, driveway approach grades shall be designed and constructed not to exceed the elevation between the gutter grade and the sidewalk of each respective distance between the face of the curb and the sidewalk line as follows: Distance From Face Curb to Sidewalk in Feet Maximum Height of Walk Above Gutter in Inches 1 7 1/ / / / / / / /2 Beyond a point of ten feet (10') from the gutter, the driveway approach grade may be increased, but in no instance shall the slope meeting the sidewalk exceed thirty percent (30%) grade.

10 (K) Driveway Approaches at Intersection: The driveway approach nearest an intersection of two streets shall meet the following minimum requirements: The corner rounding shall have curbs constructed with a minimum radius of twenty feet (20') continuously between the points of tangency of the curb lines of both streets. The first driveway may start from the point of tangency of the curb line and corner and be cut on with a five foot (5') minimum radius. (L) Driveway Approaches at Pedestrian Crossings: Driveway approaches shall not be located at street intersections or at established pedestrian crossings. (M) Driveway Approaches at Obstructions: Driveway shall be kept a minimum of five feet (5') away from obstructions such as street light posts, fire hydrants, traffic signal standards, etc. (N) Driveway Approach not to be Obstructed: Driveway approaches shall not be constructed or designed for use for the standing or parking of vehicles or for use as angle parking. (3) When Raised Curbs are Required: (A) When a standard traffic island is installed separating two (2) driveway approaches and the grade at the property line is the same as the sidewalk a six inch (6") raised curb shall be constructed at the back of the traffic island along the property line. The raised curb shall be constructed so as to end eighteen inches (18") from the intersection of the driveway approach with the property line.

11 (B) When Standard Street Curbs Shall be Installed: (i) When building permit for new building other than residential is applied for, the provision of standard curbs or an approved traffic barrier along the adjacent frontages of streets shall be part of the condition of granting the building permit. (ii) When building permit is requested for the repair or improvement of an existing building other than residential, the provision of standard curbs or approved traffic barriers along the adjacent frontages of the streets shall be part of the condition of granting the building permit. (iii) When a permit for a new or an additional driveway approach is applied for the provision of standard curbs or approved traffic barriers along the adjacent frontages of the streets shall be part of the condition of granting the permit. (C) Maintenance in Good and Safe Condition: Persons making special use of any sidewalks, drives, curbs, gutters, pavements and appurtenances for egress or ingress purposes, sidewalk elevators, downspouts, sub-area space or any other specific use of whatsoever kind or character shall keep sidewalk, drive, curb, gutter, pavement and appurtenance in a good and safe condition and free from any defects or hazards of any kind or character. (D) Vehicle Service Station Pump Island: Pump islands which are parallel to the street property line shall be located a minimum of twelve feet (12') distance from the street property line. Pump islands which are not parallel to the street shall be located twenty feet (20') minimum from the street property line measured at right angles to the street property line. Sec Abandoned Driveway Approaches Whenever the use of any driveway approach is abandoned and not used for ingress and egress to the property abutting, it shall be the duty of the property owner of such abutting, it shall be the duty of the property owner of such abutting property to restore the curb according to the standards provided in this article. (Ordinance adopted 3/20/01) Copyright 2008 Franklin Legal Publishing. All rights reserved.

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