Cross References — As to acceptance, laying out, opening, etc., of streets generally, see §400.140; as to prohibition against littering streets, see §215.165; as to prohibition against burning leaves and rubbish in streets of public places, see §225.030; as to depositing garbage in or about buildings or streets, see §225.090; as to traffic regulations generally, see Title III; as to use of roller skates, coasters, etc., on streets, see §310.040; as to prohibition against driving on sidewalks, see §340.060; as to regulations governing pedestrians, see ch. 345; as to minimum design standards for streets and sidewalks in subdivisions, see §§410.100, 410.110; as to street names in subdivisions, see §410.150; as to interference with flow of surface water by sidewalks and streets, see §220.080; as to zoning of vacated streets and alleys, see §405.060; as to excavations, see ch. 525.
[Code 1955 §30-1; CC 1970 §29-1]
All encroachments into or upon any sidewalk, street, avenue,
alley or other public place in the City are prohibited. No obstructions
such as awnings, hitching posts, lampposts, awning posts, telephone,
telegraph and electric light poles shall be erected or placed into
or upon any street, sidewalk, avenue, alley or other public place
unless the applicant first obtains a written permit from the Public
Works Superintendent or some person authorized to issue such permit.
[CC 1970 §29-2; Ord.
No. 634 §2, 12-3-1963]
Every person owning or occupying premises fronting or abutting
on any public sidewalk within the City shall keep and maintain any
such sidewalk in good repair and free from structural defects. The
City Marshal shall give notice to the owners or occupants of any premises
in front of or along which any public sidewalk in bad repair or structural
defect is situated, to repair or reconstruct such sidewalk within
five (5) days after receiving such notice. If any such owner or occupant
fails, neglects or refuses to repair or reconstruct such sidewalk
within five (5) days after receipt of the notice to do so, the Public
Works Committee shall cause such repairs or reconstruction to be done
and shall keep an account of the costs thereof and report such costs
to the Board of Aldermen for assessment. The Board of Aldermen shall
have issued tax bills for the cost of such repair or reconstruction
along or in front of any such property, against the property.
[CC 1970 §29-3; Ord.
No. 634 §2, 12-3-1963]
It shall be unlawful for any person in the City to fail, neglect
or refuse to keep the public sidewalk in front of or along any premises
owned, occupied or possessed by any such person and under his/her
management or control, swept and clean of any mud, gravel, loose stone,
dirt, weeds, debris, snow and ice or other obstructions whatsoever,
which imperil or might tend to imperil the public safety of persons
walking over and along any such sidewalk; provided, that a reasonable
time not to exceed ten (10) hours shall be allowed to remove any such
mud, gravel, loose stone, dirt, weeds, debris, snow and ice or other
obstructions, after it has been deposited or has fallen on any such
sidewalk.
[CC 1970 §29-4; Ord.
No. 634 §2, 12-3-1963]
Any truck, wagon or other vehicle containing asphalt, macadam,
concrete, clay, dirt, earth, wood or other materials which are likely
to spill therefrom, shall be constructed, loaded and driven so that
no portion of the contents thereof shall be dropped, spilled or thrown
on any street or highway within the City. No driver of any such vehicle,
his/her employer or other person in charge or control of such vehicle
shall allow or permit any of the contents thereof to be dropped, spilled
or thrown onto and remain in any public street in the City.
[Code 1955 §30-6; CC 1970 §29-5]
The right is hereby granted to all persons supplying telephone
service, to trim trees upon and overhanging the streets, alleys, sidewalks
and public places of the City, so as to prevent the branches of such
trees from coming in contact with telephone wires and cables. All
such trimming shall be done under the supervision and direction of
the Board of Aldermen or of any City Official to whom these duties
have been or may be delegated.
[Code 1955 §30-7; CC 1970 §29-6]
All underground cable laid within the City for street illuminating
purposes shall be in accordance with specifications established by
the County.
[Code 1955 §30-8; CC 1970 §29-7]
All time switches used on street lighting circuits are to be
of a good quality standard manufacture subject to the approval of
the Board of Aldermen, the Building Commissioner or the Electrical
Inspector. The time switches are to be equipped with astronomical
dials.
[Code 1955 §30-9; CC 1970 §29-8]
Each application for a permit for the purpose of setting poles
on any street, highway, boulevard, roadway, avenue, sidewalk, alley
or other public thoroughfare shall give the location of each of such
poles, and each of such permits shall include as many poles as are
included in the application.
[Code 1955 §30-10; CC 1970 §29-9]
A.
All holes,
depressions, excavations, ponds, pools, quarries and other dangerous
places in the City which are below the natural, artificial or established
grade of surrounding or adjacent streets, and which are dangerous
or likely to be dangerous, shall be filled or properly enclosed with
a permanent strong and stable wall or rigid metal fence at least six
(6) feet in height supported by metal posts not more than eight (8)
feet apart and the metal fencing shall not be less than ten (10) gauge
and of a mesh of not more than two and one-half (2½) inches
and the fence shall be constructed so as to make the hole, depression,
excavation, pond, pool, quarry or other dangerous place inaccessible
to persons and animals.
B.
The Chief
of Police of the City shall notify or have notified the owners or
occupants of any premises on which such holes, depressions, excavations,
ponds, pools, quarries and other dangerous places exist to cause them
to be filled or to have fences or walls built around them within a
reasonable time after such notification, but in no case longer than
ninety (90) days after service of such notice.
[Ord. No. 1771 §2, 3-19-2013]
The purpose of this Article is to establish a procedure for
individuals, the City, or corporations to petition for the vacation
of public easements or rights-of-way within the City.
[Ord. No. 1771 §2, 3-19-2013]
[Ord. No. 1771 §2, 3-19-2013]
A.
Subsequent to the pre-application conference, the City Public Works
Director shall determine whether the easement or right-of-way is necessary
and serves a public purpose.
B.
The City Public Works Director shall transmit his finding to the
potential applicant in writing.
C.
If the City Public Works Director finds that the easement or right-of-way
is no longer necessary and does not serve a public purpose, the potential
applicant shall be eligible to submit an application. If the City
Public Works Director finds that the easement or right-of-way has
a conceivable future public use, the potential applicant shall be
ineligible to submit an application.
[Ord. No. 1771 §2, 3-19-2013]
The following shall be submitted to the City Planner:
A.
Application Form. Completion of an authorized application
form supplied by the City Planner, including any supplemental information
required by that form.
B.
Narrative Statement. A written narrative explaining
the purpose of the vacation in detail.
C.
Legal Description. A legal description of the easement
or right-of-way prepared and sealed by a professional land surveyor.
D.
Plat. A plat or other drawing depicting the easement
or right-of-way to be vacated.
E.
Property Owner Consent. In the case of a street
or alley, the written consent of all persons owning property adjacent
to the alley or street sought to be vacated.
F.
Fees. A processing cost deposit, in the amount of
five hundred dollars ($500.00), shall be deposited with the City at
the time the petition is filed in the City Clerk's office.
1.
This deposit is to be used for the purpose of payment for professional
and administrative costs incidental to the processing of the application.
Any costs or expenses incurred by the City as a result of the submission,
review and final determination of any given application, according
to the process as set out in this Section, shall be paid for out of
the said deposited amount.
2.
Said costs or expenses incurred by the City shall be determined by
the City Clerk. Upon final determination or disposition by the City
of any application, any portion of said deposited monies not expended
or budgeted for expenditures, shall be returned to the applicant within
thirty (30) days from said final determination and disposition.
3.
Any costs or expenses incurred by the City, in excess of the deposited
amount, shall be paid by the applicant to the City within thirty (30)
days from final determination or disposition by the City. At the time
of said final determination or disposition, the City Clerk shall present
to the petitioner a listing of said costs or expenses, along with
a determination of any amount due the City, or any amount to be refunded
in accordance with the Section.
4.
The deposit required herein shall be separate from, and is not intended
to include, any building or any other permit fees or any escrow monitoring
fees.
5.
In addition to the foregoing cost deposit, the petitioner shall pay
the City a fee of two hundred dollars ($200.00) for review of a petition
for street vacation.
[Ord. No. 1771 §2, 3-19-2013]
Upon receipt of an application and supporting documents, the City Planner shall determine whether it is complete for purposes of conducting review by the Planning and Zoning Commission. The application is complete if it includes all of the materials required in Section 530.130.
A.
If the
application is incomplete, it shall be returned to the applicant.
The applicant shall have a period of thirty (30) calendar days to
either resubmit or notify the City Planner of a pending resubmittal.
If the resubmittal or notification of a pending resubmittal are not
received within this period, the application shall be deemed withdrawn.
B.
Upon
determination that the application is complete, a Planning and Zoning
Commission meeting will be held and the Commission shall review all
applications for street vacations and shall make a recommendation
for approval or disapproval.
C.
Approval or denial of the Planning and Zoning Commission shall consist
of one (1) of the following:
1.
Approval. The Planning and Zoning Commission may
recommend approval of the vacation as submitted or with amendments.
2.
Denial. The Planning and Zoning Commission may deny
the vacation for reasonable cause. The City Planner shall prepare
a report to the Board of Alderman indicating the Planning and Zoning
Commission's decision to deny the vacation. The developer may appeal
the Planning and Zoning Commission's denial in accordance with the
provisions of this section. If no appeal is filed as permitted within
the time period established, the application shall be deemed denied.
3.
Notification. In any case, the developer shall be
notified in writing of the Commission's action.
D.
In case of disapproval, the Commission shall communicate its reasons
to the Board of Aldermen. The Board of Aldermen, by vote of not less
than two-thirds (2/3) of its entire membership, may overrule such
disapproval. The failure of the Commission, to act within sixty (60)
days after submission to it of the petition or resolution shall be
deemed to be an approval.
[Ord. No. 1771 §2, 3-19-2013]
Upon issuance of the Planning and Zoning Commission recommendation,
the City Planner shall schedule a public hearing before the Board
of Alderman. At least fifteen (15) days before the Board of Aldermen
shall act upon said proposed vacation, the City Planner shall give
notice of a hearing before the Board of Aldermen in a public newspaper
distributed in the City.
[Ord. No. 1771 §2, 3-19-2013]
A.
Definition Of Interested Party. For the purpose
of this Article, an "interested party" includes any owner, including
lessees, of real property abutting or touching on the proposed vacation
and any owner, including lessees, of real property that would be denied
reasonable access to the general system of public roads and streets
by the proposed vacation of a street, alley, public road or highway
and any utility whose easement or franchise rights would be adversely
affected by the vacation. Ownership shall be determined solely by
reference to the records of the Assessor of St. Louis County, the
Recorder of Deeds of St. Louis County, and the license and occupancy
records of the City of Rock Hill.
B.
Notice of the proposed vacation shall be given to all interested
parties at least fifteen (15) days before the Board of Aldermen shall
hold a public hearing upon the petition or resolution. Notice shall
be mailed by certified mail, return receipt requested.
C.
An interested party may, in writing, waive notice or affirmatively
consent to the proposed vacation. Proof of proper notice, waiver of
notice, or consent shall be filed with the City Clerk before the Board
of Aldermen shall hold a public hearing upon the proposed vacation.
[Ord. No. 1771 §2, 3-19-2013]
A.
Within sixty (60) days of receipt of the Planning and Zoning Commission's
recommendation, the Board of Alderman may, by majority vote, approve
the vacation as recommended by the Planning and Zoning Commission
or approve the vacation with amendments by two-thirds-majority vote.
If the recommendation fails to receive the necessary vote, it shall
be deemed denied.
B.
The applicant must provide executed utility easements or releases
of easements with all applicable utility companies and service providers,
including but not limited to Ameren UE, AT&T, Charter Communications,
Laclede Gas, the Metropolitan St. Louis Sewer District, the applicable
fire district, or any other utility company or service provider serving
the tract. All such easements or releases of easements must be recorded
by the applicant after the Board of Alderman's approval of the vacation.
The vacation will not be effective until all easements or releases
of easements are recorded.
C.
The vacation shall become effective after approval by the Board of Alderman and the recording of all easements or releases of easements, as required above in Section 530.170(B).
D.
The City's act of vacating easements or rights-of-way causes ownership
rights of the vacated area to revert to the owners of the adjacent
property(ies) in proportion as it was taken from them pursuant to
Section 88.673 RSMo. When the proportions of the initial dedication
of the easement or right-of-way areas are unknown, the property reverts
equally to abutting property owners, according to law.
E.
The City Clerk will record the ordinances vacating the same with
the County Recorder of Deeds.
