[Ord. 1168-2010, 4-5-2010]
A.
The purpose of this chapter is to:
1.
Control the cutting of all curbs and installation of sidewalks and
drive approaches on all streets with or without curb and gutter within
the corporate limits of the City and any streets maintained by the
City beyond its corporate boundaries; and
2.
Ensure adequate access to abutting private property with a minimum
of interference with the free and safe movement of traffic along the
street and so that traffic entering and leaving the roadway will not
impede, confuse, imperil, or otherwise interfere with normal traffic
and so not to interfere with normal maintenance of the street.
B.
Certain facilities are declared herein to be nuisances and, as such,
shall be abated.
C.
Unrestricted access and lack of means to clearly define pavement
edge to 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.
[Ord. 1168-2010, 4-5-2010]
Facilities for access to abutting private property hereinafter
constructed shall conform to the requirements of this chapter.
[Ord. 1168-2010, 4-5-2010]
A.
For the purpose of construction and enforcement of this chapter,
certain abbreviations, terms, phrases and their derivatives shall
be construed as set out in this chapter unless the context indicates
otherwise. Words relating to buildings and structures on private property
and their use, when not otherwise specifically defined, and when set
out in this chapter, shall be construed to conform to the meaning
set out in the building code and the zoning regulations of the City.
All other words shall have their usual meaning.
B.
ANGLE PARKING
APPROVED
COMMERCIAL DRIVEWAY APPROACH
CONTRACTOR
CROSSWALK
1.
2.
CURB
CURB CUT
DOUBLE FRONTAGE
DRIVEWAY APPROACH
GUTTER
INTERSECTION
1.
2.
OFF STREET PARKING
PERSON
RESIDENTIAL DRIVEWAY APPROACH
ROADWAY
SIDEWALK
STREET
STREET RIGHT OF WAY
TAC
TRAFFIC ISLAND
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
Parking where the longitudinal axis of vehicles forms an
angle with the alignment of the roadway.
The approval by the building official based upon accepted
principles, or upon reports of investigation and tests by national
authorities, technical or scientific organizations.
An area of construction between the roadway of a public street
and private property arranged or designed to provide access for vehicles
from the roadway to premises used for other than residential use.
Any person, firm, or corporation engaged in the business
of installing or altering walks, drives, curbs, gutters, or pavements
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.
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.
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.
A portion of the curb which may be removed to allow access
to private property by use of a driveway.
A lot having a frontage on two nonintersecting streets.
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.
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.
The area embraced within the prolongation of connection of the
edges of the roadway of two or more streets which join at an angle
whether or not one such street crosses the other; and
Where a street includes two roadways 30 feet 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 roadways 30 feet or more
apart, then each crossing of two roadways of such street shall be
regarded as a separate intersection.
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.
A human being, his heirs, executors, Administrators, or assigns,
and where the context permits, it also includes a firm, partnership,
association, or corporation, its or their successors or assigns, or
the agent of any of the aforesaid.
An area of construction between the roadway of a public street
and private property arranged or designed to provide access for vehicles
from the roadway to premises used for residential use.
The portion of a highway, street or road, improved, designed,
or ordinarily used for vehicular travel. In the event a street includes
two or more separate roadways, the term "roadway" used herein shall
refer to any such roadway separately but not to all such roadways
collectively.
The 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.
A general term denoting a public way for purposes of vehicular
travel, including the entire area within the right of 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.
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.
Technical advisory committee.
An island, with barrier edge to exclude vehicles, designed
for the purpose of separation or directing streams of vehicular traffic.
[Ord. 1168-2010, 4-5-2010]
This chapter 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. The City shall not 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.
[Ord. 1168-2010, 4-5-2010]
It is unlawful for any person not having a permit from the office
of the building inspector to, in any manner, construct, change or
alter access facilities or surfacing in or on any premises or street
area.
[Ord. 1168-2010, 4-5-2010]
A.
The provisions of this chapter shall be administered and enforced
by the building inspector or street commissioner, and for this purpose
they shall have police powers.
B.
The building inspector or street commissioner shall have authority
to take legal steps necessary to secure compliance with the provisions
of this chapter. The building inspector or street commissioner or
their authorized agent shall have the right to enter any premises
in the discharge of their official duties or for the purpose of making
any inspection, reinspection, or test, or otherwise, to ensure compliance
with this chapter. The building inspector or street commissioner 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 chapter.
The building inspector or street commissioner 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.
[Ord. 1168-2010, 4-5-2010]
A.
No person shall 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 official a permit to do so.
B.
To obtain a permit as required by this chapter, 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. 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.
C.
The applicant for a permit shall, in addition to filing an application therefor as provided in Subsection B of this section, pay to the building inspector, before such permit is issued, a fee as required in this subsection. The fee for such permit shall be $30.
D.
Copies of a lot or plot 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 centerline 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. When
specifically authorized by the building inspector, plans for small
and unimportant work need not be provided. Plans shall be drawn to
scale 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 chapter and to all related ordinances,
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.
E.
The application and plans filed by an applicant for a permit shall
be examined by the building inspector and the street commissioner.
In cases involving state highways, written approval by the state department
of transportation will be necessary before a written permit will be
issued by the building inspector. Plans found to be in conformity
with this chapter, and other laws and ordinances applicable thereto,
will be approved and a permit issued upon payment of required fee
or fees. Approved plans shall not be altered, modified, changed or
departed from without permission from the building inspector, street
commissioner, and, where applicable, the state department of transportation
or other public agency.
F.
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-month period. No permit issued
in violation of this chapter shall operate as granting any vested
right, and upon discovery of any such violation of this chapter, the
permit shall be deemed to be null and void and confer no right whatsoever
under it.
G.
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.
[Ord. 1168-2010, 4-5-2010]
The installation of walks, drives, curbs, gutters, pavements
and appurtenances shall comply with the requirements of part 12, Chapter
4 of this Code.
[Ord. 1168-2010, 4-5-2010]
The work authorized by such permit shall be aligned and constructed
to grade as determined by the building inspector, street commissioner
and, where applicable, the state department of transportation or other
public agency.
[Ord. 1168-2010, 4-5-2010]
Stakes set by the City or its authorized agent shall be protected
by the contractor.
[Ord. 1168-2010, 4-5-2010]
A.
When sidewalks, curbing, guttering, draining, paving or other street
or alley improvements are in course of construction in any public
place or highway in the City, the City building inspector or street
commissioner shall have authority to close such street, alley or other
public place against traffic or travel of every character, pedestrian
included, for such time as deemed necessary for the proper protection
of the public and security of the improvements. In such event, traffic
may be entirely restricted or limited to definite classes. The portion
of such street, alley or other place to be closed shall be barricaded
at the limits in such manner as to indicate to the public that the
same is closed, and place cards or signs shall be erected at each
limit stating that such street or alley is closed. The erection of
such barricades and signs, by order of the City building official
or street commissioner, shall be deemed sufficient notice to the public.
It shall be no defense to the prosecution that any such barricade
or sign has been removed by some person without authority.
B.
It is the duty of any person doing any type of construction work
or excavating work upon or adjacent to any street, alley, sidewalk
or public ground in the City, to maintain substantial guardrails and
barriers around such work or excavation in such a manner as to protect
pedestrians, animals and maintain warning signals from sundown to
sunup during the time such work, excavation or obstruction exists.
Such lanterns, flares or lights shall be of a type approved by the
City building inspector or street commissioner and shall be placed
on or sufficiently near such place in a number and manner sufficient
to warn the traveling public from any direction, as determined by
the building official or street commissioner. It is an offense for
any person to fail to provide such safeguards, and each day of such
omission constitutes a separate offense.
C.
No materials or equipment shall be placed on any sidewalk or roadway
unless specifically authorized on the permit, except in that part
of the width such sidewalk or roadway must be blocked in any case
by the work underway, or that part of the width of the roadway which
might normally be occupied by standing vehicles. All operations shall
be so handled as to provide minimum hazard to the public and minimum
obstruction to traffic. All rubbish, equipment and unused materials
and supplies shall be moved by the contractor before his work is opened
to traffic.
D.
It is unlawful for any person to remove or destroy any barricade or sign erected as provided in Subsection A of this section, or to walk, drive automobiles or otherwise travel upon any street, alley or other place, or portion thereof, closed as provided in Subsection A of this section, except as may be necessary in the proper construction of the improvements thereon.
[Ord. 1168-2010, 4-5-2010]
Where it is necessary to construct a drive approach over an
existing water service or meter box, it must be relocated and installed
at the owner's or contractor's expense by a licensed, bonded
plumber. Before removal of such water service or meter box, it will
be necessary for the applicant to contact the plumbing inspector for
appropriate relocation of water service and meter box.
[Ord. 1168-2010, 4-5-2010]
No buttresses, steps, projections, retaining walls or fences
shall be constructed on any public property without written consent
of the City.
[Ord. 1168-2010, 4-5-2010]
For drive approaches requiring a drainage structure, size and
type will be determined by the street commissioner, the state department
of transportation or other affected public agency. Should a property
owner desire to fill the roadway ditch along the frontage of his property,
drainage pipe will be installed with standard drop inlets to provide
drainage for surface water. Valleys below the elevation of the shoulder
shall be maintained to drain surface water away from the edge of the
roadway. Drop inlets, sufficient in size for cleaning purposes, shall
be spaced at intervals not to exceed 40 feet, measured along the centerline
of the drainage structure. In no case shall the maximum width of driveway
be exceeded as specified herein.
[Ord. 1168-2010, 4-5-2010]
A.
Approval Required for Construction or Alteration: No driveway, pavement
or curb shall be constructed or altered except at such location and
to such dimensions and grades as shall be designated and approved
by the building inspector and street commissioner and, where applicable,
the state department of transportation or other involved public agency.
B.
Distance Between Edge of Drive and Intersecting Street: A minimum
of 30 feet should be maintained between the edge of the drive at the
curb line and the edge of any intersecting street (curb line). But
in no case shall this distance be less than 20 feet or the intersecting
street radius, whichever is greater; nor shall any portion of the
driveway extend beyond the property line of the property abutting
on the intersecting street.
C.
Distance from Edge of Driveway to Property: It is desirable to maintain
a distance of 15 feet from the edge of the driveway to the edge of
the property facing on an intersecting street.
D.
Measurements of Driveways and Curb Openings: All driveway measurements
shall be made at right angles to the centerline of the driveway. All
curb opening measurements shall be made parallel to and along curb
line. The minimum width of a single residential driveway, measured
at the property line shall be 10 feet and the maximum shall be 12
feet. The minimum curb cut opening for a single driveway shall be
20 feet. Double driveways shall have a minimum width of 18 feet and
a maximum of 24 feet at the property line.
E.
Driveway Curb Return Radius: A driveway curb return radius shall
not be less than five feet, nor more than 15 feet to be determined
by the building inspector and street commissioner and, where applicable,
the state department of transportation or other public agency.
F.
Design of Curb Cuts and Driveways: The design of all curb cuts and
driveways shall conform to the requirements of part 12, Chapter 4
of this Code.
G.
Sidewalk to be Removed: Where the residential driveway approach is
described to cross an existing sidewalk, the sidewalk included in
the driveway approach area shall be removed and reconstructed in the
driveway approach. When the sidewalk is removed for a drive approach
and the limit of the section to be removed comes within five feet
or less of any expansion or contraction joint, the sidewalk shall
be removed and replaced to the joint. In all other cases, the sidewalk
must be saw cut 12 inches wider than the excavation, allowing six
inches of undisturbed earth on each side of the driveway.
H.
Curb and Gutter to be Removed: Where a driveway approach is to be
constructed at a location where there exists a curb and gutter and
the limits to be removed are within five feet or less of any expansion
or contraction joint, the curb and gutter shall be removed to the
joint. In all other cases, the curb and gutter must be saw cut.
I.
Saw Cuts: Whenever it becomes necessary to remove any concrete or
asphalt pavement from the street surface to provide a driveway approach
it will be necessary to remove the material by saw cutting.
J.
Specific Design Requirements:
1.
All drive approaches shall be constructed of six inch P.C. concrete;
2.
Concrete design mix shall meet 3,500 psi compressive strength requirements;
and
3.
Contraction joints shall be two inches in depth or 1/3 the thickness
of the concrete, whichever is greater, and placed as shown in typical
sections. All construction joints shall be cleaned and filled with
a hot or cold asphalt sealer. Expansion material shall be 3/4 inch
by six inches expansion material. (Wood of any type is not suitable
expansion joint material.)
[Ord. 1168-2010, 4-5-2010]
Approaches on streets and alleys without curb gutters shall,
in general, meet the same requirements as residential driveways, with
the following additional requirements:
A.
The design of all driveways on streets without curb and gutter shall
conform to the requirements of part 12, Chapter 4 of this Code;
B.
The street commissioner may require the right of way ditch to be
replaced by a culvert, provided that the culvert shall be of a size
adequate to handle the expected flow of water without damage to the
street or alley, but in no case shall the culvert be less than 12
inches in diameter. Where a culvert and drive approach is installed,
the street commissioner may require that the culvert and drive approach
be covered by a hard surface material; and
C.
Any concrete work done on unpaved streets shall, under the express
provision that if subsequent paving or general improvements are required,
be taken up and replaced at the owner's expense to conform to
new or subsequent grades.
[Ord. 1168-2010, 4-5-2010]
A.
Driveway approaches on any parcel of property with double frontage
shall be located along the street for which it is addressed unless
otherwise approved.
B.
A request for driveway approaches on any parcel of property with
double frontage to be located along the street for which it is not
addressed shall be reviewed by TAC and the planning and zoning commission
and approved by the City council.
[Ord. 1168-2010, 4-5-2010]
The placement of driveway approaches on any parcel of property
along an arterial street as designated by the City of Tahlequah master
street plan shall be reviewed by TAC and the planning and zoning commission
and approved by the City council.
[Ord. 1168-2010, 4-5-2010]
Commercial driveways shall in general meet the same requirements
as to location, angle, radii, as residential driveways with curb and
gutter and drive approach on streets and alleys without curb and gutter
with the following exceptions:
A.
Commercial driveways shall not be less than 12 feet nor exceed 30
feet in width at the property line; nor should any commercial driveway
have a curb opening of over 60 feet (dependent upon approval of radius
by building inspector and street commissioner, and, where applicable,
the state department of transportation or other public agency);
B.
Driveway approaches for vehicle service stations shall not exceed
40 feet measured along the property line; and
[Ord. 1168-2010, 4-5-2010]
Driveway approaches shall not occupy more than 60% of the frontage
abutting the roadway of the tract of ground devoted to one use which
abuts the roadway, regardless of type of driveway.
[Ord. 1168-2010, 4-5-2010]
Not more than two drive approaches shall be permitted on any
parcel of property with 150 feet or less of frontage. Additional approaches
for parcels of property in excess of 150 feet may be permitted after
proof has been furnished to and approval given by the building inspector,
street commissioner and, where applicable, the state department of
transportation or other public agency. All commercial driveway entrance
designs shall conform to the requirements of part 12, Chapter 4 of
this Code.
[Ord. 1168-2010, 4-5-2010]
When more than one 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 15 feet. Where the grade at the property line is the same as the
sidewalk, a six inch 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 18 inches from the intersection of the
driveway approach with the property line.
[Ord. 1168-2010, 4-5-2010]
Driveway approaches shall not be located at street intersections
or at established pedestrian crossings.
[Ord. 1168-2010, 4-5-2010]
Driveways shall be kept a minimum of five feet away from obstructions
such as streetlight posts, fire hydrants, and traffic signal standards.
[Ord. 1168-2010, 4-5-2010]
Driveway approaches shall not be constructed or designed for
use for the standing or parking of vehicles or for use as angle parking.
[Ord. 1168-2010, 4-5-2010]
A.
When a building permit for a 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.
B.
When a building permit is requested for the repair or improvement
of an existing building other than residential, the provisions 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.
C.
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.
[Ord. 1168-2010, 4-5-2010]
Persons making special use of any sidewalks, drives, curbs,
gutters, pavements and appurtenances for egress or ingress purposes,
sidewalk elevators, downspouts, subarea space or any other specific
use of whatsoever kind or character shall keep the 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.
[Ord. 1168-2010, 4-5-2010]
Pump islands which are parallel to the street property line
shall be located a minimum of 12 feet from the street right of way.
Pump islands which are not parallel to the street shall be located
a minimum of 20 feet from the street right of way measured at right
angles to the street right of way.
[Ord. 1168-2010, 4-5-2010]
The City council shall have the authority in specific cases
to allow a variance from the requirements of curb cuts and driveway
approaches as will not be contrary to public interest, where owing
to special conditions a literal enforcement of the provisions of this
chapter will result in unnecessary hardship to the use of preexisting
structures.
[Ord. 1168-2010, 4-5-2010]
A.
Whenever the use of any driveway approach is abandoned and not used
for ingress and egress to the property, the street commissioner may
require the owner of such abutting property to restore the curb according
to the standards provided in this chapter after written notification
by the street commissioner within a period of 60 days.
B.
Drives serving property which changes use (e.g., service station
to neighborhood convenience store, or ice dock to office, or residential
to commercial) and does not meet the requirements of this chapter
shall be closed and reconstructed to conform.
C.
Curb cuts permitted for parking behind the curb line on street rights
of way shall also be closed when building changes use or is abandoned.
[Ord. 1168-2010, 4-5-2010]
Any person who shall violate any provision of this chapter or
who shall fail to comply with the requirements of this chapter shall
be deemed guilty of a misdemeanor and shall be punishable by fines
as determined by the municipal judge of up to $200 for the first violation
and up to $500 for repeat violations. Each day that a violation exists
shall constitute another violation.
