[R.O. 1997 § 540.020; Ord. No.
2414 § 1, 12-20-1994]
It shall be the responsibility of each owner of real property
within the City of Kennett, Missouri, to construct, maintain, repair
and replace the public sidewalks, curbs and gutters adjacent to such
property in good repair and a safe condition and in accordance with
the requirements of this Chapter.
[R.O. 1997 § 540.030; Ord. No.
2414 § 2, 12-20-1994]
It shall be unlawful to construct, maintain, repair, remove
or replace any sidewalk, curb or gutter within the City except in
strict conformity with the requirements of this Chapter.
[R.O. 1997 § 540.040; Ord. No.
2414 § 3, 12-20-1994]
All maintenance and repair of public streets, alleys, sidewalks,
curbs, and gutters and other public ways shall be under the supervision
of the Street Committee and the Street Superintendent. All sidewalks,
curbs and gutters shall be constructed at the expense of the owner
of the lot or tract fronting or abutting thereon. Said owners shall
bear the expense for all materials necessary for any repairs to sidewalks,
curbs and gutters.
[R.O. 1997 § 540.050; Ord. No.
2414 § 4, 12-20-1994]
A.
All sidewalks, curbs and gutters constructed within the City shall
conform to the following specifications:
1.
Cement. All cement used in a concrete sidewalk shall be of a
good grade of standard Portland cement, which will pass the standard
test specified by the American Society for Testing Materials, or the
standard test required by the State Highway Department. Any cement
failing to meet either of these tests shall be removed from the work
and not used in any part thereof.
2.
Mixture. The concrete mixture shall meet the Missouri State
Highway Department's standard specifications.
3.
Subgrade. The area in which a sidewalk is to be constructed
shall be excavated or filled so that the subgrade shall be a true
plane which is parallel with, eight (8) inches below, or approved
by the Street Superintendent, and in true conformity with the established
sidewalk grade, as fixed by such official.
4.
Foundation. Sidewalk foundation shall consist of level bed.
5.
The sidewalk shall consist of a layer of Class B concrete four
(4) inches thick after being floated and neatly troweled or light
broomed to a true plane and finished, conforming to the grade established
by the City Engineer.
6.
Sidewalks shall be a width stated in the City ordinances, or
specified in the plans and specifications. The concrete shall be laid
in sections approximately six (6) feet long, and, excepting enclosures,
embracing twenty (20) square feet.
7.
Deep sections shall be separated from the adjoining section
by an artificial joint, made with a groover.
8.
Where driveways are necessary across a sidewalk area, the driveway
shall be built, in all respects, within the specifications for sidewalks
set forth in the American Disabilities Act (hereinafter referred to
as "ADA").
9.
Sidewalks may be constructed of materials other than concrete
only if the permit therefor has been issued in advance by the Street
Superintendent. Such permit may be issued only after the filing of
a written application therefor by the property owner, demonstrating
that the materials and construction technique proposed will result
in a finished sidewalk having a stable, uniformly level, and a non-slippery
surface which otherwise conforms to the specifications provided herein
for concrete sidewalks. Such permit, when issued, shall be conditional
upon the proposed sidewalk being constructed in strict conformity
with the application, subject to modifications required by the Street
Superintendent.
10.
All sidewalks shall be laid to conform to a slope of one-fourth
(1/4) of an inch to the foot, rising from the curbline, back to the
property line, except where there is a difference in the location
of curbline and property line, or where the intersecting grades make
it necessary to combine or change the same; and these points shall
be set by the Street Superintendent and worked to by the contractor,
according to the instructions of such official.
11.
Wheelchair ramps shall be constructed at all street intersections
and crosswalks to conform strictly with the requirements of the ADA.
12.
If retaining walls are built on the property line, the outer
edge of the sidewalk may extend to the retaining walls, but the curb
edge of the sidewalk shall be on a line with adjoining sidewalks.
13.
Any lawfully maintained opening in a sidewalk shall be flush
with the sidewalk and guarded by a suitable strong cover or grate
for the protection of the public, to the approval of the Street Superintendent.
Any such grate shall rest on a concrete lip at least four (4) inches
wide.
14.
All curbs and gutters constructed within the City shall be constructed
and approved by the City Engineer, shall be constructed of Grade B
concrete, and shall conform to all other relevant specifications set
forth in this Chapter.
[R.O. 1997 § 540.060; Ord. No.
2414 § 5, 12-20-1994]
A.
The following minimum criteria will be used to determine the need
to replace or adjust sections of sidewalks:
1.
A sidewalk slab shall be replaced when the slab is cracked in
two (2) or more pieces.
2.
Adjustments shall be made to sidewalks when:
a.
The difference in vertical alignment at the joint between the
adjacent slabs is one (1) inch or greater measured at any point across
the width of the sidewalk.
b.
Slabs are more than four (4) inches out of level measured at
right angles to the longitudinal direction of the sidewalk; or
c.
Slabs are more than three (3) inches out of vertical alignment
with the longitudinal profile of the sidewalk as a result of settlement
or upheaval due to tree roots or other causes.
B.
The criteria set out above is intended as a general guideline to
determine the necessity for corrective action, it being understood
that there will be instances where a single criteria may not fit the
actual field conditions.
[R.O. 1997 § 540.070; Ord. No.
2414 § 6, 12-20-1994]
No shade tree shall be planted by an adjoining lot owner on
the curb side of the sidewalk except such trees as are approved by
the Street Committee or the Street Superintendent. Any property owner
who plants an unapproved variety of trees, shall bear the cost of
removal of such tree.
[R.O. 1997 § 540.080; Ord. No.
2414 § 7, 12-20-1994]
It shall be unlawful to construct, repair or replace any public
sidewalk, curb or gutter without having first secured a permit therefor.
Applications for such permit shall be filed with the City Clerk, and
shall state the location of the intended project, describe the particulars
of the materials to be used and their placement, and identify the
person or firm who is to do the actual construction or repair work.
No permit shall be issued unless the proposed work will conform to
the ordinances of the City. The Street Superintendent shall promptly
review all such applications and determine if the proposed work conforms
to the requirements of the ordinances of the City. If the work does
so conform, the City Street Superintendent shall issue a permit. If
the permit is denied, the Street Superintendent shall give the applicant
a concise written statement of the reasons for the denial. Any applicant
may appeal the decision of the Street Superintendent to the Street
Committee of the City Council. Should any such construction or repair
work commence prior to the issuance of a permit, the Street Superintendent
shall order all work ceased until a permit is issued. Should the person
or firm doing the construction repair work after being ordered to
cease by the Street Superintendent and prior to the issuance of a
permit, each day that any work or construction is performed shall
be considered a separate violation of this Article. All violations
of this Article shall be punished by fines not to exceed five hundred
dollars ($500.00) for each violation.
[R.O. 1997 § 540.090; Ord. No.
2414 § 8, 12-20-1994]
The Street Superintendent or his/her designee shall inspect
all newly constructed sidewalks, curbs or gutters upon completion
of the work. Should such official determine the construction not to
conform to this Article in any way or to have been damaged by rain,
frost or any other cause the work shall be removed and reconstructed
as directed by such official. Acceptance or rejection by such official
shall be final, subject to review by the Street Committee of the City
Council upon appeal by the owner or contractor.
