[R.O. 2011 § 505.200; R.O. 2009
§ 54.045; CC 1981 § 24-74]
All streets hereafter constructed which are not in a subdivision shall conform to the requirements of Section 405.150 of this Code of Ordinances.
[R.O. 2011 § 505.210; R.O. 2009
§ 54.046; CC 1981 §§ 24-45 — 24-46; Ord. No. 3725, 2-26-1970]
A.
Required. No person shall begin to construct,
reconstruct, repair, alter or grade any sidewalk, curb, curb cut,
driveway or street without first obtaining a permit from the Director
of Engineering or his/her designee.
B.
Application. An applicant for a permit
hereunder shall file with the Director of engineering or his/her designee
an application showing:
1.
Name and address of owner or agent
in charge of the property abutting the proposed work area.
2.
Name and address of party doing work.
3.
Location of work area.
4.
Attached plans showing details of
the proposed alteration.
5.
Estimated cost of the alteration.
6.
Such other information as the Director
of Engineering or his/her designee shall find reasonably necessary
to the determination of whether a permit shall be issued.
[R.O. 2011 § 505.220; R.O. 2009
§ 54.047; CC 1981 § 24-47; Ord. No. 3725, 2-26-1970; Ord. No. 92-255, 10-21-1992; Ord.
No. 22-167, 12-20-2022]
A.
The following fees shall accompany an application
for a permit under this Article:
1.
The filing fees for each residential property and for each commercial property shall be the amounts stated in Section 150.030; provided that when sidewalks, curbs, curb cuts, driveways or streets are to be constructed, reconstructed, repaired or altered simultaneously, only one (1) permit and fee shall be required. The Director of Engineering or his/her designee shall issue a permit for the construction of improvements, by a subdivider or developer, in the development of a subdivision prior to the sale of the lot or lots involved, at no cost, except for the inspection fees in the following Subsection (A)(2).
2.
The Director of Engineering or his/her designee shall collect an inspection fee in the amount stated in Section 150.030, per lot, for deposit into the General Fund of the City; and shall be for the inspection of the construction of improvements by a subdivider or developer in the development of a subdivision.
[R.O. 2011 § 505.230; R.O. 2009
§ 54.048; CC 1981 § 24-48; Ord. No. 3725, 2-26-1970]
A.
The Director of Engineering or his/her
designee shall issue a permit hereunder when he/she finds:
1.
The plans for the proposed operation
are satisfactory.
2.
The work shall be done according
to the specifications of the City.
3.
The operation will not unreasonably
interfere with vehicular and pedestrian traffic, the egress to and
from the property affected and adjacent properties.
4.
The health, welfare and safety of
the public will not be unreasonably impaired.
[R.O. 2011 § 505.230; R.O. 2009
§ 54.049; CC 1981 §§ 24-49 — 24-50; Ord. No. 3725, 2-26-1970; Ord. No. 3790, 9-23-1970; Ord. No. 3805, 1-21-1971; Ord. No. 88-99, 6-23-1988; Ord.
No. 92-149, 7-8-1992; Ord. No. 94-250, 9-20-1994]
A.
Generally. The Director of Engineering
or his/her designee may grant permits for driveways and curb cuts
for each parcel of land under one (1) ownership as follows:
1.
For driveways and curb cuts for properties
used for school, commercial or industrial purposes: Two (2) driveways
and curb cuts not to exceed thirty-five (35) feet in width for each
driveway or an aggregate total of seventy (70) feet as measured at
the property line; provided the City may require a six (6) inch vertical
curb be installed to properly delineate the driveways. For school,
commercial or industrial tracts where the lot fronts or abuts two
(2) or more streets, three (3) driveways and curb cuts, not to exceed
thirty-five (35) feet in width for each driveway or an aggregate total
of one hundred five (105) feet, as measured at the property line.
2.
For driveways and curb cuts for single-family
residences: Two (2) driveways and curb cuts not to exceed an aggregate
total of twenty-nine (29) feet.
3.
For driveways and curb cuts for properties
used as duplex or apartment dwellings: Two (2) driveways and curb
cuts not to exceed an aggregate total of thirty-two (32) feet.
4.
For driveways and curb cuts for churches
and institutional uses: Two (2) driveways and curb cuts not to exceed
thirty-five (35) feet in width for each driveway or an aggregate total
of seventy (70) feet.
5.
Where a street intersection radius
is thirty-two (32) feet or less, the minimum distance that a driveway
shall be located from a street intersection shall be thirty-five (35)
feet. This measurement shall commence from the intersection of the
tangent lines of the curb radius between the two (2) intersecting
streets.
6.
Where a street intersection radius
exceeds thirty-two (32) feet, no driveway or part thereof shall be
located closer than three (3) feet to curb radius.
B.
Director Of Engineering Or His/Her Designee May Authorize Granting Of Additional Permits. The Director of Engineering or his/her designee may issue a permit for driveways and curb cuts in addition to the numbers and widths specified in Subsection (A) of this Section. The applicant must provide a plan of the proposed curb cuts and driveways with a statement indicating the need to exceed the numbers and widths specified in Subsection (A) of this Section.
[R.O. 2011 § 505.250; R.O. 2009
§ 54.050; CC 1981 § 24-51; Ord. No. 3725, 2-26-1970]
All work done under a permit issued
under the provisions of this Article shall be done at no cost to the
City. Permit shall become void after six (6) months from issue date.
[R.O. 2011 § 505.260; R.O. 2009
§ 54.051; CC 1981 § 24-54; Ord. No. 22-007, 1-4-2022]
All sidewalks constructed in the
City shall be constructed under the supervision and direction of the
Director of Engineering or his/her designee within such time as the
Mayor and Council shall, by ordinance, direct and provide.
[R.O. 2011 § 505.270; R.O. 2009
§ 54.052; CC 1981 §§ 24-55 — 24-56; Ord. No. 83-68, 9-8-1983; Ord. No. 07-162, 6-11-2007; Ord. No. 22-007, 1-4-2022]
A.
To Be Constructed At Expense Of Abutting
Property Owner. New sidewalks, where none currently exist, shall be
constructed at the expense of the owner of the property fronting or
abutting on the line thereof in the manner and form by ordinance or
otherwise prescribed. Existing sidewalks running through and a part
of the driveway/entrance to private property shall be maintained and
replaced at the sole expense of the property owner.
B.
Duty Of Owner/Occupant To Keep Sidewalk
Free of Snow and Other Obstructions.
1.
Every owner or occupant of any premises
fronting or abutting on any sidewalk in the City shall keep the sidewalk
in front of or abutting on such premises in good condition for free
passage, and shall cause sidewalks to be safe for pedestrian use.
The sidewalks shall be clear of snow, ice, debris, mud, mulch, rocks,
trash, grass clippings, leaves, fallen tree limbs, or other obstructions.
2.
Every owner or occupant of any premises
fronting or abutting on any sidewalk in the City shall keep landscaping
and vegetation from encroaching onto the sidewalk. The sidewalk shall
be kept free of landscaping and vegetation, including, but not limited
to, overgrown grass and plantings, mulch, rocks, boulders, pavers,
wall blocks, edging, ornamental decorations and other hardscape items.
3.
Every owner or occupant of any premises fronting or abutting on any sidewalk in the City shall keep overgrown tree roots and tree limbs from encroaching onto the sidewalk. Tree limbs shall be trimmed to allow nine (9) feet of vertical clearance from the sidewalk surface to the nearest tree limb per Code Section 225.090,, Duty to Maintain Trees Planted — Trimming and Pruning Sidewalk Overhang, and Section 225.050 Requirements for Trimming and Maintenance.
C.
Encroachments Into Sidewalks Prohibited
— Removal.
1.
Encroachments into and upon sidewalks
are prohibited, and the expense of removal of such encroachments shall
be the owners or occupants of ground fronting thereon.
2.
The Police Officer/Code Enforcement
Officer who observes a sidewalk obstruction Inserted text is underlined.
Deleted text is struck through. in violation of this section shall
serve a twenty-four-hour notice to remove the obstruction. This may
be done personally, by United States mail or by posting notice on
or near the obstruction.
3.
Such obstruction unrelated to the
property owner or tenant can be removed forthwith by the Police Department
upon determination by a Police Officer/Code Enforcement Officer.
[R.O. 2011 § 505.280; R.O. 2009
§ 54.053; CC 1981 §§ 24-57 — 24-59]
A.
Width And Fall Generally. All sidewalks
constructed in the City shall be at least four (4) feet wide, except
as may be otherwise ordered by the City Council, and shall decline
gradually or have a fall from the building line of the lot to the
top of the curbstone of one-fourth (1/4) inch to the foot. No sidewalk
now constructed shall be diminished in width.
B.
Grade To Be Given By Director Of Engineering
Or His/Her Designee — Width To Be Uniform In Block. Before any
sidewalk is constructed, the Director of Engineering or his/her designee
shall give the grade thereof. Whenever practicable, all sidewalks
in the same block shall be of uniform width with the edges of the
same in a continuous straight line as directed by the Director of
Engineering or his/her designee.
[Ord. No.
22-007, 1-4-2022]
[R.O. 2011 § 505.290; R.O. 2009
§ 54.054; CC 1981 § 24-60]
The Council may, upon application,
permit the owner of property or the occupant to construct a temporary
sidewalk in front of his/her property; provided that no such sidewalk
shall be less than three (3) feet wide and shall at all times be kept
and maintained safe for travel thereon; provided further, that such
temporary sidewalk may be ordered removed at any time the Council
may deem it necessary.
[R.O. 2011 § 505.300; R.O. 2009
§ 54.055; CC 1981 § 24-61; Ord. No. 3446, 11-23-1966; Ord. No. 80-10, 1-30-1980]
A.
Within six (6) months after the issuance
of a building permit for any lot which is vacant at the time of application
for the building permit, the owner of the property securing the building
permit shall install a concrete sidewalk along each and every street
abutting the property in accordance with the ordinances of the City
relating to sidewalks.
B.
Whenever a party seeks a building permit
on a parcel of land within the City, the party seeking the building
permit shall also cause the strip of land between the back of the
curb and right-of-way abutting his/her property to be landscaped so
as to conform with City subdivision right-of-way cross sections. This
requirement shall be upheld even though a variance to construct a
sidewalk has been given. If the excavation of the right-of-way should
present an undue hardship, a variance to this Section may be given
by the City Council.
[R.O. 2011 § 505.310; R.O. 2009
§ 54.056; CC 1981 § 24-62; Ord. No. 3780, 8-19-1970; Ord. No. 75-17, 4-9-1975; Ord.
No. 95-90, 4-13-1995; Ord. No. 15-175 § 1, 8-4-2015]
A.
Exemptions from the requirements of Section 505.300 by owners of properties where there are practical difficulties or unnecessary hardship, other than financial, in the way of carrying out the requirements of such Section by reason of natural contour of public property at the lot or surrounding area, location of lot or future planned street widening shall be requested in writing to the Director of Engineering or his/her designee outside of the areas outlined in Subsection (D) below.
[Ord. No.
22-007, 1-4-2022]
B.
The Director of Engineering or his/her
designee shall investigate the request and prepare a report his/her
recommendations. The Director of Engineering shall have the authority
in granting an exemption.
[Ord. No.
22-007, 1-4-2022]
C.
Such request, if any, must be made at least
ninety (90) days prior to the expiration date for installation of
the sidewalk.
D.
Sidewalks located along outer roads to
Interstate 70 within MoDOT right-of-way, Blueston Drive, Ford Lane,
Scherer Parkway, Exchange Drive, Portwest Drive, Collier Corporate
Parkway, Hemsath Road from Missouri Highway 94 to South Property line
of 936 Hemsath Road, Bayonne Drive, Fleur Lane, Beau Court, Duclair
Parkway, Avignon Parkway, Avignon Court, Ami Court, Harry S. Truman
Boulevard from Premier Parkway South to Ehlmann Road, Hughes Lane,
Little Hills Expressway, Little Hills Parkway, Little Hills Industrial
Boulevard, Missouri Highway 94 from Missouri Highway 370 to South
of 2701 North Highway 94, South Corporate Hills Drive, Corporate Hills
Drive, North Corporate Hills, Boschertown Road from Missouri Highway
370 to Fox Hill Road, Mueller Road, Elm Point Industrial Boulevard
, Walsh Court, Karydan Court, Teduke Court, Harmsted Court, North
Rue Street, North Overbrook Drive, South Overbrook Drive, South Rue
Street, Maquam Street, Lorenzo Court, Petra Court, Baden Street, Burr
Street, Rue Street, Brook Drive, Lazy Brook Drive, Elm Point Industrial
Drive from Elm Street to Mueller Road, North Drive, Huster Road, from
Missouri Highway 370 to Bethman Road are preapproved for exemption
and do not require specific Council approval.
E.
Upon approval of the exemption set forth
in this Section, whether automatic or by direct action, and only where
no public sidewalk exists adjacent to the property, the owner will
be required to, as an alternative to constructing the sidewalk, pay
to the City a sum of money equal to the cost to construct the sidewalk
which shall be assessed at twenty-five dollars ($25.00) per linear
foot of exempted sidewalk.
[R.O. 2011 § 505.320; R.O. 2009
§ 54.057; CC 1981 § 24-63; Ord. No. 85-171, 10-8-1985; Ord. No. 11-155 § 1, 8-3-2011; Ord.
No. 12-82 § 1, 5-24-2012]
A.
The City establishes a cost-sharing sidewalk
replacement program with the following guidelines:
1.
The City may contribute fifty percent
(50%) of the cost to repair a defective sidewalk when a property owner
requests the repair or requests the acceleration of a scheduled sidewalk
repair. The property owner shall be responsible for payment of the
other fifty percent (50%) of the sidewalk repair cost. A sidewalk
shall be considered defective in only those situations where the sidewalk
contains deficiencies identified in the Engineering Department Street
Maintenance Policies and Procedures Manual. A sidewalk containing
only aesthetic deficiencies shall not be considered a defective sidewalk.
[Ord. No.
22-007, 1-4-2022]
2.
The property owner will contract
to have the repairs made. The property owner shall submit at least
three (3) bids to the Engineering Department. The amount which the
City shall reimburse the property owner shall be fifty percent (50%)
of the bid amount submitted by the lowest responsible bidder. In determining
"lowest responsible bidder," in addition to price, the Engineering
Department shall consider: the ability, capacity or skill of the bidder
to perform the contract or provide the service required; whether the
bidder can perform the contract or provide the service promptly or
within the time specified without delay or interference; the character,
integrity, reputation, judgment, experience and efficiency of the
bidder; the quality of performance of previous contracts or services;
the previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service; the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide
the services; the quality, availability of the supplies or contractual
services to the particular use required; the ability of the bidder
to provide future maintenance and service for the use of the subject
to the contract; and the number and scope of conditions attached to
the bid. Reimbursement shall be processed by the City upon inspection
and approval of the repairs by the Engineering Department.
[Ord. No.
22-007, 1-4-2022]
3.
The Director of Engineering or his/her
designee will be the final judge as to whether the sidewalk, or any
portion of the sidewalk, needs to be repaired.
[Ord. No.
22-007, 1-4-2022]
4.
Sidewalks will be repaired on a first-come,
first-served basis, except where the costs may be reduced by making
multiple repairs in one (1) area.
5.
The City's total share of the cost-sharing
sidewalk replacement program shall not exceed amounts budgeted for
that purpose.
6.
Cost participation by the property
owner can be waived by the Mayor when the income of the owner is substantially
from Social Security or other comparable restrictive sources, such
as railroad retirement, and when the total income of the family from
all sources does not exceed guidelines by HUD, Section 8 or other
Federal housing assistance plans as followed by the Mayor's office
for utility tax refunds.
7.
If the damage to the sidewalk has
been caused by the City, then the City will pay the entire cost.
8.
No variance to this policy shall
be granted unless seven (7) members of the City Council vote in favor
of the variance.
