No person, firm or corporation shall hereafter construct, build,
establish or maintain any driveway over, across or upon any portion
of the public sidewalk or public parkway without first having obtained
a written permit to do so from the City. Permit shall be obtained
from the City Council where the driveway is for other than resident
or dwelling house use or where it is necessary to elevate or depress
established grade of public sidewalk or parkways. No such permit shall
be issued for construction or establishment of any such driveway except
in accordance with the provisions hereinafter contained in this Chapter.
(Ref. 16-610 RS Neb.)
Application for permit must be made in writing upon forms furnished
by the City. The application shall contain the name and address of
the person, firm or corporation making the application, the name of
the contractor or person who is to construct the driveway and curb
and the proposed location and dimensions of such driveway. Complete
plans and specifications shall be submitted to the Department of Streets
at least five days before permit shall issue. (Ref. 16-610 RS Neb.)
Before issuance of any such permit, the contractor or person
proposing to construct such driveway, shall file with the City Clerk,
on a form furnished by the City, a penal bond in the sum of $500,
with good and sufficient security thereon as the City Council may
require, conditioned that the makers shall save harmless, defend and
indemnify the City against or on account of accidents, damages or
claims arising out of or during the construction of any driveway laid
by the said contractor. All such bonds shall be continuing and shall
be returned 60 days after completion of the curb cut; Provided, however,
no claim for damages have been made. (Ref. 16-610 RS Neb.)
[Repealed by Ord. No. 814, 9-22-1987]
All such work shall be done under the jurisdiction of the Street
Commissioner and in accord with the ordinances of the City and shall
be inspected before paving by authorized personnel of the Street Department.
(Ref. 16-610 RS Neb.)
[Amended by Ord. No. 825, 10-4-1988]
All plans and specifications must conform with the following
minimum requirements before permit for construction or reconstruction
shall be permitted:
1.
Driveway for other than residential or dwelling house shall be constructed
of Portland cement concrete, the same thickness of the abutting inches
of concrete. Concrete shall be of sand and gravel mixture, 2,500 P.S.I.
after 30 days.
2.
Driveways for residential or dwelling house use shall be constructed
in a manner and of a material equal at least to the existing for the
paving in the public street adjacent thereto, with a minimum of eight
inches, except that where concrete pavement exists in the public street
and bituminous surface is desired for the driveway, such surface shall
be permitted, provided it shall have a minimum depth of two inches
without any loose material on top and have a base of crushed rock
at least six inches thick, and provided, that a Portland cement concrete
apron not less than six feet, six inches in width, or to sidewalk,
is constructed between the existing concrete pavement and the proposed
bituminous driveway surface.
3.
Where a driveway of any kind of material is constructed across the
sidewalk space, it shall conform to the sidewalk grade as established
by the City Engineer or Street Commissioner.
4.
Where a driveway of any kind of material is constructed across an
existing sidewalk, the sidewalk shall be removed by saw cut and replaced
with Portland cement concrete for the full width of the driveway and
for a distance of at least 12 inches on both sides of the walk. This
portion shall be not less than six inches in thickness and constructed
in accordance with sketches on file in the office of the City Building
Inspector. An expansion joint of one inch shall be placed between
the street and driveway.
5.
Where paving in the public street is of concrete and a concrete driveway is constructed, a two inch bituminous premolded expansion joint shall be placed between the driveway and the apron to the driveway, and driveway, in accordance to the curb cut contained in Section 8-407.
6.
All driveways shall be so graded between the gutter and the sidewalk
that it will not be necessary to change the established grade of either
and will not elevate or depress any portion of either. No part of
the driveway shall extend beyond the curb line in such a manner as
to change the grade of said gutter or obstruct the free flow of water
in the gutter. Where elevations or depressions are necessary in the
parkway strip between the curb and walk, the parkway shall be graded
on both sides of the driveway to a distance sufficient to create a
gradual ascent or descent. At no time shall the gradient exceed one-foot
vertical to 10 feet horizontal.
7.
Combined curb and gutter and separate curbing shall be entirely removed
for the full width of the driveway opening at the curb line and 18
inches on both sides of driveway, and shall be by saw cut and construction
joint. Integral curbing, which is that type placed with the pavement
and molded as an integral part of it, must be removed by saw cut for
the full depth from the top of curb to the bottom of the pavement.
Approach apron shall be constructed of Portland cement and the thickness
of the abutting street, but not less than eight inches. The apron
may be tapered from the street cut to the driveway to a thickness
equal to the driveway at a point five feet six inches from the street
cut.
8.
All driveways constructed or reconstructed over, across or upon any
public street or public parkway in the City shall be kept and maintained
at all times in accordance with the provisions of this Chapter by
the person so constructing, reconstructing, or using the same as an
adjunct or appurtenance to lands or properties immediately adjacent
thereto.
9.
Upon permit application for the resurfacing of an existing driveway
with a bituminous overlay, the City Street Superintendent shall inspect
the condition of the existing curb cut and approach prior to issuance
of a permit.
A.
If it is determined by the City Street Superintendent that the existing
curb cut and approach is structurally sound, a permit shall be issued
for a bituminous overlay. In no case shall the feathered edge of the
bituminous overlay extend any closer to the street than a point 12
inches from the back side of the curb.
B.
If, upon inspection by the City Street Superintendent, the curb cut and/or approach is determined to be structurally unsound, the approach to the driveway shall be removed and reconstructed of Portland cement in accordance with the provision of subsection 7 of this section. The driveway may be resurfaced with a bituminous overlay from a point no closer to the street than the required approach expansion joint (Sec. 8-407).
C.
For the purposes of this section structurally unsound concrete as
determined by the City Street Superintendent shall be that which exhibits
one or more of the following characteristics:
1)
Extensive spalling of the concrete (over 50% of the approach area):
2)
Areas devoid of concrete (over 1% of the approach area);
3)
Cracking of the concrete with indications of heaving causing surface
elevation differences in excess of one-half of one inch;
4)
Apparent undermining of the approach area.
(Ref. 16-610 RS Neb.)
All curb cuts and driveway aprons shall be in substantial conformity
to the following schematic:
Expansion joint should be placed at a point outside of sidewalk
area closest to curb or lot line depending upon grade.
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Editor's Note: Section 8-408, Driveways And Curb Cuts; Violation - Penalty, was repealed by Ord. No. 1303.
