For the purpose of construing and enforcing this division, certain
abbreviations, words, terms, phrases and their derivatives shall be
construed as set out herein, unless the context indicates otherwise.
Words relating to buildings and structures on private property and
their use shall be construed to conform to the meaning set out in
the Town building code and the Town zoning ordinance. All other words
shall have their usual meaning. The following words, when used in
this division, are defined as follows:
Any person who owns real property which abuts any public
sidewalk, curb or gutter, or street right-of-way.
Parking where the longitudinal axis of a vehicle forms an
angle with the alignment of the roadway.
American Society for Testing and Materials. Any publication,
pamphlet, booklet, book or document referred to by number, letter
or other designation in connection with this definition, and any amendment
thereto, shall be a part of this division and shall be on file in
the Town Secretary’s office.
Any person, firm or corporation engaged in the business of
installing or altering walks, drives, curbs, gutters, or pavements
or appurtenances on public property. 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.
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 roadway for vehicular traffic on private property.
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 or connection of
the edges of the roadway of two (2) or more streets which join at
an angle, whether or not one such street crosses the other. Where
a street includes two (2) roadways thirty (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 (2) or more roadways thirty
(30) feet or more apart, then each crossing of each roadway of such
street shall be regarded as a separate intersection.
Land occupied, or to be occupied, by a building and its accessory
building, and including such open spaces as are required under the
zoning ordinance of the Town, to which reference is herein made.
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.
A human being, his heirs, executors, administrators, or assigns,
and where the context permits the term also includes a firm, partnership,
association, or corporation, its or their successors or assigns, or
the agent of any of the aforesaid.
That portion of a highway, street or road improved, designed
or ordinarily used for vehicular travel. In the event a street includes
two (2) or more separate roadways, the term “roadway”
shall refer to any such roadway separately but not to all such roadways
collectively.
That portion of a street between the curblines or the lateral
lines of a roadway and the adjacent property lines, for the use of
pedestrians.
A term denoting a public way for purposes of vehicular travel,
including the entire area within the right-of-way.
A barrier within a roadway to exclude vehicles, designed
for the purpose of separating or directing streams of vehicular traffic.
An open, unoccupied space on the same lot with a building,
between the building and the street line of the street upon which
the lot is platted to the front.
An open, unoccupied space on the same lot with a building,
between the building and the street line of a street which intersects
the street upon which the lot is platted to the front.
(1971 Code, sec. 14-21)
The purpose and intent of this division is to provide minimum
standards, provisions and requirements for safe and convenient access
to abutting private property along streets, roads and highways and
to provide for suitable materials and methods of construction of sidewalks,
driveways, curbs, gutters and appurtenances on public property which
are constructed, surfaced, paved, changed, altered, repaired, replaced,
removed or eliminated or changed in use. The intent herein is to assure
that access is provided to abutting private property with a minimum
of interference with the free and safe movement of vehicular and pedestrian
traffic, to prevent traffic congestion along the streets and to prevent
or alleviate traffic congestion arising from vehicular entry to or
exit from abutting private property. This division shall be deemed
to be remedial and is enacted for the beneficial interests of the
public and for the public safety and general welfare. The right of
the public to free and unhampered passage on the streets and sidewalks
shall be held paramount to other interests.
(1971 Code, sec. 14-22)
(a)
The
provisions of this division shall be administered and enforced by
the Building Inspector and, for this purpose, he shall have police
power.
(b)
When
action is taken by the Building Inspector to enforce the provisions
of this division, such action shall be in the name of and on behalf
of the Town, and the Building Inspector, so acting for the Town, shall
not render himself personally liable for any damage which may accrue
to persons or property as a result of any action committed in good
faith in the discharge of his duties, and any suit brought against
the Building Inspector by reason thereof shall be defended by the
Town Attorney throughout the proceedings.
(c)
The
Building Inspector shall have authority to take the legal steps necessary
to secure compliance with the provisions of this division.
(d)
The
Building Inspector shall have the right to enter any premises in the
discharge of his official duties or for the purpose of making any
inspection, reinspection or test or otherwise to insure compliance
with this division.
(e)
The
Building Inspector shall have the power to inspect or reinspect surfacing
and 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 division, and shall have such other powers as are
provided in this division. The Building Inspector 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 not in conformance with a valid permit and the requirements
of this division.
(1971 Code, sec. 14-23)
(a)
No
person, or any of his agents, servants or employees, shall construct,
reconstruct or repair any sidewalk, curb, gutter or driveway approach
in the Town without executing and delivering to the Town a bond in
the sum of two thousand dollars ($2,000), payable to the Town, with
a good and sufficient corporate surety thereon, authorized to do business
in the State, which bond shall be conditioned as follows:
(1)
All work shall be done in a good and workmanlike manner, and such
person shall faithfully and strictly comply with the specifications
and with the terms of the building code and such ordinances, resolutions
or regulations that may be passed by the Town Council governing and
relating to the construction, reconstruction or repair of sidewalks,
curbs, gutters, or driveway approaches; and
(2)
The Town shall be fully indemnified and be held whole and harmless
from any and all costs, expense or damage, whether real or asserted,
on account of any injury done to any person or property in the prosecution
of said work, or that may arise out of or be occasioned by the performance
of said work; and
(3)
Such person shall, without additional cost to the person for whom
the work was done, maintain all such construction for a period of
five (5) years from the date of such construction, reconstruction
or repair, to the satisfaction of the Building Inspector of the Town,
and shall reconstruct or repair same to the satisfaction of the Building
Inspector of the Town at any time within five (5) years after the
construction, reconstruction or repair of such facility and after
ten (10) days’ notice from the Building Inspector to reconstruct
or repair the same, and the opinion of the Building Inspector as to
the necessity of such reconstruction or repair shall be binding on
the parties thereto and such bond shall, for such purpose, be in force
for five (5) years after the construction, reconstruction or repair
of such facility, and one recovery shall not exhaust said bond, but
such bond shall be a continuing obligation against the sureties thereon
until the entire amount therein provided for shall have been exhausted.
(b)
In
case the bond provided for above shall be decreased on account of
any recovery which may be obtained, arising out of the violation of
any condition of the same, the Council shall require, upon notice
to it of such fact, an additional bond in an amount sufficient, when
added to the unexhausted amount of the original bond, to be at all
times equal to the sum of two thousand dollars ($2,000.00).
(c)
The
Town may, for itself or for the use and benefit of any person injured
or damaged by reason of any defective construction, reconstruction
or repair of any sidewalk, curb, gutter, or driveway approach by the
principal of the bond required by this section, maintain suit on such
bond in any court having jurisdiction thereof, or suit may be maintained
thereon by any person injured or damaged by reason of the failure
of such principal to observe the conditions of such bond.
(1971 Code, sec. 14-24)
(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 or private property
in the Town, without first obtaining from the Building Inspector a
permit to do so.
(b)
To
obtain a permit required by this section, the bonded contractor or
his authorized representative shall file with the Building Inspector
an application therefor in writing, on a form to be furnished for
that purpose. Such bonded contractor shall be registered with the
Building Inspector, and the contractor shall furnish a list of the
authorized representatives who are to secure permits for him.
(c)
Each
application for a permit under this section 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 which will readily identify and
definitely locate the site of the proposed work. Each applicant shall
give such other pertinent information as shall be required by the
Building Inspector.
(d)
When
required by the Building Inspector, an applicant for a permit under
this section shall file a lot or plot plan, in triplicate, showing
the following:
(1)
The exact location of the proposed building or structure;
(2)
Every existing building or structure on abutting property;
(3)
Every existing facility on public property adjacent thereto, to the
centerline of the street right-of-way;
(4)
All proposed walks, drives, curbs, gutters, pavements, public utility
poles, fire hydrants, gas meters, water meters, storm sewer inlets,
manholes, or any other appurtenances.
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Such plan shall be drawn to scale upon substantial paper and
shall be of sufficient clarity to indicate the nature, character and
extent of the work proposed, and shall show in detail that the work
will conform to this division and to all related ordinances, rules
and regulations. Plans submitted at the time an application is made
as provided in the building code, for construction on abutting property,
may be used to meet this requirement.
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(e)
No person having a bond to construct, reconstruct, alter, repair, remove or replace sidewalks, curbs, gutters, or driveways on public property within the Town shall be permitted to take out a permit for the reconstruction, alteration or repair of any such facility on any public property within the Town and allow any person, other than the bona fide holder of such bond, to do any of the work. No permit for the reconstruction, alteration or repair of any sidewalk, curb, gutter, or driveway on any public property within the Town shall be granted unless the bond required by section 3.13.034 shall be in full force and effect at the time of request for such permit and the doing of the work.
(f)
No
permit shall be granted for angle parking on public property or on
abutting private property where a portion of public property is required
for maneuvering into or out of the angle parking space.
(g)
Each
permit issued under this section shall expire and become null and
void if the work authorized therein is not commenced within six (6)
months from the date of the permit or if the work authorized by the
permit is suspended or abandoned after the expiration of the initial
six-month period. Before the work may be recommenced, a new permit
shall be obtained. No permit issued in violation of this division
shall operate as granting any vested right, and such permit shall
be deemed to be null and void and confer no right whatsoever under
it.
(1971 Code, sec. 14-25)
(a)
Compliance.
Materials used in sidewalks, drives, curbs,
gutters, and pavements shall be in accordance with the standards prescribed
in this section.
(b)
Cement.
Portland cement shall conform to the standard
specifications for Portland cement (Serial Designation C-150-56) of
the ASTM. High-early-strength Portland cement shall conform to the
standard specifications for high-early-strength Portland cement (Serial
Designation C-150-56) of the ASTM.
(c)
Water.
Water used in mixing and curing concrete and
mortar shall be clean and free from oil, acid, alkali, foreign organic
matter or other deleterious substances.
(d)
Fine aggregate.
Fine aggregate shall consist of a natural
sand, or a combination of natural sand and not more than fifty (50)
percent of stone screenings. Sand shall be uniformly graded and composed
of clean, hard, durable particles of natural materials free from adherent
coatings. It shall contain no lumps, soft or flaky particles, clay,
loam, or foreign organic or other deleterious matter. Stone screenings
shall consist of the clean, dustless product resulting from the crushing
of stone or gravel, meeting all the requirements for coarse aggregate
except for grading. Fine aggregate containing more than five (5) percent
by weight of deleterious substances shall not be used. Fine aggregate
shall be well graded in size from coarse to fine, and shall conform
to the following requirements, the percentages to be determined by
weight:
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Retained on 3/8-inch screen
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0%
|
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Retained on 1/4-inch screen
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0 to 5%
|
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Retained on no. 20 mesh sieve
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15 to 50%
|
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Retained on no. 100 mesh sieve
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85 to 100%
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All tests for fine aggregate shall be made in accordance
with the current applicable methods of tests of the ASTM.
(e)
Coarse aggregate.
Coarse aggregate shall consist of
the uniformly graded, clean, hard, durable, uncoated particles of
natural gravel or crushed stone or gravel, free from adhering coatings.
Coarse aggregate shall not contain more than five (5) percent by weight
of deleterious substances. Coarse aggregate shall be well graded in
size from coarse to fine, and shall conform to the following requirements,
the percentages to be determined by weight:
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Retained on 3-inch screen
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0%
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Retained on 2-inch screen
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0 to 20%
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Retained on 1/4-inch screen
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95 to 100%
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All tests for coarse aggregate shall be made in accordance
with the current applicable methods of tests of the ASTM.
(f)
Reinforcement.
Material for reinforcement shall conform
to requirements of the standard specifications for billet steel bars
for concrete reinforcement (ASTM Designation A-15-57T) for structural,
intermediate or hard grade, or for rail steel bars for concrete reinforcement
(ASTM Designation A-16-57-T), or for axle steel bars for concrete
reinforcement (ASTM Designation A-160-57T), or for cold-drawn steel
wire for concrete reinforcement (ASTM Designation A-82-34), or for
welded steel wire fabric for concrete reinforcement (ASTM Designation
A-185-56T). All reinforcement shall be free from rust, scale, oil,
paint and other substances which prevent binding to the concrete.
(g)
Expansion joint filler.
Expansion joint filler shall
be of the premolded type, 1/2 inch in thickness; the width shall conform
to the section of concrete in which incorporated. Expansion joint
filler shall be placed where new work abuts old concrete work. Upon
completion of the work, expansion joint filler shall be cut off level
with the top of the finished concrete. Expansion joint filler shall
conform to the standard specification for bituminous types (ASTM Designation
D-994-53) or nonextruding and resilient types (ASTM Designation 4-544-56T)
or other approved types.
(h)
Foundation.
Foundations or subgrades for all work shall
be set at the grades determined by the Building Inspector. Inspection
of such foundation or subgrade may be made and approved by the Building
Inspector before concrete is placed thereon.
(i)
Forms.
Forms shall be straight, smooth, free from warps,
and aligned with the stakes set by the Building Inspector and shall
be of sufficient strength to retain this alignment. Depth shall be
not less than the total thickness of the section for which used. Forms
shall be securely staked, anchored, braced and set to the established
line and grade, the upper edge conforming to the grade of the finished
work. Forms shall be cleaned of all mortar and dirt. Surfaces for
forms next to concrete may be required to be oiled. Forms shall be
of either wood or metal.
(j)
Concrete.
Concrete shall consist of a mixture of Portland
cement, fine and coarse aggregate, and water in such proportions that
will secure a dense, plastic, workable concrete of the strength specified
at twenty-eight (28) days. The quantity of water specified per sack
of Portland cement shall include the moisture on the surface of the
aggregate, but shall not include the amount of water absorbed by the
aggregate in thirty (30) minutes. Concrete which has partially set
shall not be retempered or remixed by adding additional ingredients.
Concrete shall not be fixed during freezing weather, and shall not
be placed when the temperature is 40°F and falling, but may be
placed when the temperature is above 35°F and rising. No frozen
ingredients or conglomerates shall be used in concrete. Tests for
slump of concrete shall be made in accordance with the method of test
for consistency of Portland cement concrete (Serial Designation C-143-52)
of the ASTM. All tests for ingredients and concrete shall be made
in accordance with the current applicable methods of tests of the
ASTM.
(k)
Placing concrete.
Concrete shall be placed in as near
its final position as possible, and in such manner as to prevent separation
or segregation of the ingredients. Concrete shall be placed in such
quantities that, after being thoroughly compacted, it will be the
required thickness, the upper surface true, uniform, and parallel
to the finished surface.
(l)
Protection of concrete.
Concrete shall be protected
against freezing or excessive heat. Concrete shall be kept continuously
moist for four (4) days. Concrete shall be protected from traffic
until it has developed eighty percent (80%) of the required strength.
A membrane curing method may be used.
(1971 Code, sec. 14-26)
(a)
Compliance.
Sidewalks shall comply with the standards
prescribed by this section.
(b)
Width and thickness.
Sidewalks shall be a minimum width
of four (4) feet and shall be four (4) inches thick.
(c)
Concrete.
Concrete for walks shall have a minimum compressive
strength of two thousand five hundred (2,500) pounds per square inch
at twenty-eight (28) days. The quantity of mixing water shall not
exceed seven (7) U.S. gallons per sack (94 lbs.) of Portland cement.
The slump of the concrete shall not exceed four (4) inches.
(d)
Forms.
Forms shall be set to provide for drainage from
the property line to the curbline. The slope in general will be one-fourth
(1/4) inch per foot of width of sidewalk, and it shall not exceed
one-fourth (1/4) inch per foot of width of sidewalk.
(e)
Joints.
One-half-inch expansion joints shall be spaced
at 25- to 30-foot intervals or as otherwise specified and shall be
placed where new work abuts old work, or where new work is constructed
adjacent to either concrete work, walls, foundations, etc. The expansion
joints shall be filled with pre-molded bituminous expansion joint
filler or other approved type and shall extend the entire depth and
width of the concrete section. Sidewalk markings shall be grooved
three-eighths (3/8) inch deep on four- to five-foot centers.
(f)
Placing concrete.
The Building Inspector will inspect
the foundation and forms before concrete is poured. Concrete shall
be thoroughly compacted so that the minimum thickness is four (4)
inches. Concrete shall be free from honeycombing, rock pockets, and
segregation of ingredients. The addition of neat cement to concrete
in order to absorb excess water to accelerate hardening is prohibited.
(g)
Finish.
The surface may have a monolithic finish by
floating with a wooden float until a slight excess of sand appears
on the surface or may be brushed after troweling in lieu of floating.
In no case shall the surface be left slick or with a glossy finish.
The edges of the sidewalk, markings, and expansion joints shall be
tooled to a smooth finish, not less than two (2) inches in width.
Exposed edges of the sidewalk shall be rounded with an edge to a radius
of one-half (1/2) inch.
(h)
Access walks.
Walkways constructed between the sidewalk
and curb shall provide expansion joint filler between the walk and
curb.
(i)
Curb ramps.
On corner lots, sidewalks and curb and gutter
replaced shall include installation of curb ramps complying with the
current federal Americans with Disabilities Act and the State program
for the elimination of architectural barriers.
(1971 Code, sec. 14-27)
(a)
Compliance.
Curbs, curbs and gutters, and separate gutters
shall comply with the standards prescribed in this section.
(b)
Dimensions.
Curb and gutter shall have the back twelve
(12) inches deep and vertical. Curb shall be six (6) inches thick
at the top, face battered 1:3 ratio. The gutter shall be uniformly
six (6) inches thick and a minimum of twenty-four (24) inches in width
as measured from the face of the curb, and shall slope down no less
than one-half (1/2) inch per foot toward the face of the curb.
(c)
Concrete.
Concrete shall have a minimum compressive
strength of three thousand (3,000) pounds per square inch at twenty-eight
(28) days. The quantity of mixing water shall not exceed seven (7)
U.S. gallons per sack (94 lbs.) of Portland cement. The slump of the
concrete shall not exceed three (3) inches.
(d)
Mortar.
Mortar shall be composed of one (1) part Portland
cement, one and one-half (1-1/2) parts fine aggregate and water.
(e)
Joints.
Three-fourths-inch expansion joints shall be
spaced at 25- to 30-foot intervals or as otherwise specified. The
three-fourths-inch expansion joints shall be filled with a three-fourths-inch
premolded bituminous expansion joint filler or other approved type
and shall extend the entire depth and width of the concrete section.
Curb and gutter shall be grooved three-eighths (3/8) inch deep on
five-foot centers.
(f)
Forms.
Wooden forms shall have a nominal thickness of
two (2) inches, surfaced one (1) side and one (1) edge, and shall
be straight and devoid of warps, twists, knot holes, and other defects
to prevent leakage of concrete or mortar.
(g)
Placing concrete and mortar.
Foundation or subgrade
for all work shall be set at the grades determined by the Building
Inspector. The Building Inspector may inspect the foundation, subgrade
and reinforcing before concrete is poured. Concrete shall be thoroughly
compacted so that the minimum thickness conforms to the requirements
of this division. Concrete shall be free from honeycombing, rock pockets,
and separation and segregation of ingredients. Upon completion of
the concrete core, the one-half-inch mortar surface shall be placed
while the core is still green, the work being carried on uniformly
so that a perfect bond is obtained between the concrete core and mortar
surface.
(h)
Finish.
The mortar surface shall be thoroughly troweled,
not less than twice, to a uniformly smooth surface and brush finished.
Exposed edges of the gutter and back of curb shall be rounded to a
one-half-inch radius.
(i)
Protection.
Curb, curb and gutter, and separate gutter
shall be protected from vehicular traffic for not less than six (6)
days.
(j)
Backfill.
Earth or sand shall be used for backfill and
shall be thoroughly compacted, care being taken not to injure the
completed work.
(k)
Drain lines.
Drain lines from abutting property shall
terminate on private property ten (10) feet from the property line
or extend underneath the sidewalk and terminate in the gutter. A minimum
of 1.5 inches of concrete shall cover the drain line in the curb.
(1971 Code, sec. 14-28)
(a)
Compliance.
Driveway approaches shall conform to the
standards prescribed in this section.
(b)
Construction generally.
Driveway approaches shall be
constructed of one (1) course concrete, reinforced, six (6) inches
minimum thickness.
(c)
Concrete.
Concrete shall have a minimum compressive
strength of three thousand (3,000) pounds per square inch at twenty-eight
(28) days. The quantity of mixing water shall not exceed seven (7)
U.S. gallons per sack (94 lbs.) of Portland cement. The slump of the
concrete shall not exceed four (4) inches.
(d)
Reinforcement.
Reinforcement shall consist of no. 3
(three-eighths-inch-diameter) round bars placed not more than twenty-four
(24) inches on centers, both directions. Where steel is lapped, the
lap shall not be less than fifteen (15) inches.
(e)
Placing concrete.
The Building Inspector shall inspect
the foundation, forms, and reinforcing before concrete is poured.
Concrete shall be thoroughly compacted with an open-faced tamper and
struck off with a straight edge so that the minimum thickness is six
(6) inches. Concrete shall be free from honeycombing, rock pockets,
and segregation of ingredients.
(f)
Finish.
The surface may have a monolithic finish by
floating with a wooden float until a slight excess of sand appears
on the surface or may be brushed after troweling in lieu of floating.
In no case shall the surface be left slick or with a glossy finish.
Exposed edges of the driveway shall be rounded with an edger to a
radius of one-half (1/2) inch.
(g)
Protection.
Driveways shall be protected from vehicular
traffic for not less than six (6) days.
(1971 Code, sec. 14-29)
(a)
Compliance.
Residential driveway approaches shall comply
with the standards prescribed in this section.
(b)
Width.
Residential driveway approaches shall not be
less than nine (9) feet nor more than twenty (20) feet in width measured
at the property line. Driveways shall be so constructed as to width
as to conform to the width of driveway approaches at point of contact.
(c)
Number permitted.
No more than a total of two (2) driveway
approaches shall be permitted into the front yard and/or the side
yard of any lot.
(d)
Driveways located in front or side yards.
Driveways
located in front yards or side yards shall not be less than nine (9)
feet nor more than twenty (20) feet in width. Driveways in front yards
or side yards may be straight, curved or semicircular.
(e)
All-weather surfaced area required.
Driveways connecting
to driveway approaches and located in front yards or side yards shall
not be permitted unless there is provision for an enclosed or unenclosed
all-weather surfaced area of not less than one hundred eighty (180)
square feet (measuring approximately nine (9) feet by twenty (20)
feet) on the property, and not on a public street or alley.
(f)
Maximum paved area.
Total paved area in front yards
of residential building sites, including driveways, walks, porches,
or other impermeable surfaces, shall not exceed fifty (50) percent
of the front yard area.
(g)
Radius.
Residential driveway approaches shall be constructed
with the return curbs having a rolled face disappearing at the sidewalk
and joining the street curb with a five-foot minimum radius, except
that on major thoroughfares the minimum radius shall be ten (10) feet.
Driveways eighteen (18) feet in width and greater may have a five-foot
radius on major thoroughfares.
(h)
Separation.
Where more than one driveway approach is
required to serve the front yard of a residential lot, a traffic island
shall separate the driveway approaches. The minimum distance between
points of tangency of curb returns shall be twenty (20) feet.
(i)
Sidewalk to be removed.
Where the residential driveway
approach is designed to cross an existing sidewalk, the sidewalk included
in the driveway approach area shall be removed and reconstructed as
a driveway approach.
(j)
Curb and gutter to be removed.
Where a driveway is to
be constructed at a location where there exists a curb and gutter,
said curb and gutter shall be removed to the nearest construction
joint. The driveway approach shall extend to the back side of the
existing or future sidewalk. The breakout line of the street will
be twenty-four (24) inches from the face of the curbline and shall
be parallel to it. The gutter shall slope down one-half (1/2) inch
per foot to the curbline.
(1971 Code, sec. 14-30; Ordinance
adopting Code; Ordinance 1929 adopted 9/23/13)
(a)
Compliance.
Driveway approaches to provide access to
premises used for other than residential purposes shall be constructed,
provided or repaired in accordance with the standards and requirements
prescribed in this section.
(b)
Width.
The width of any commercial driveway approach shall be not less than twelve (12) feet nor more than forty (40) feet measured along the property line, except driveway approaches for motor vehicle docks within a building shall not exceed sixty (60) feet in width at the property line. Where more dock space is required, the driveway approaches shall be separated by a traffic island meeting the standards set out in subsection (e) of this section.
(c)
Maximum space to be occupied.
Driveway approaches shall
not occupy more than seventy (70) percent of the frontage abutting
the roadway of the tract of ground devoted to one use which abuts
the roadway.
(d)
Number allowed.
Not more than two (2) driveway approaches
shall be permitted on any parcel of property with a frontage of one
hundred fifty (150) feet or less.
(e)
Separation.
When more than one (1) 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 twenty (20) 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, and on private property. The raised curb
shall be constructed so as to end twenty-four (24) inches from the
intersection of the driveway approach with the property line.
(f)
Provision for joint approaches.
Driveway approaches shall be located entirely within the frontage of the premises abutting the work and shall be located not less than five (5) feet from each side of the property line, except that joint driveway approaches with adjoining property holders may be permitted provided joint application is made by all interested parties and the width set out in subsection (b) is not exceeded.
(g)
Angle.
The angle of the driveway approach with the curbline
shall be not less than forty-five (45) degrees.
(h)
Radius.
Commercial driveway approaches shall be constructed
with the return curbs having a roll face disappearing at the sidewalk
and joining the street curb with a five-foot minimum radius.
(i)
Sidewalk to be removed.
Where a commercial driveway
approach is to be built, the sidewalk shall be removed and the entire
area replaced as a driveway. The driveway approach shall extend to
the back side of the existing or future sidewalk.
(j)
Curb and gutter to be removed.
Where a driveway is to
be constructed at a location where there exists a curb and gutter,
said curb and gutter shall be removed to the nearest construction
joint. The driveway approach shall extend to the back side of the
existing or future sidewalk. The breakout line in the street will
be twenty-four (24) inches from the face of the curbline and shall
be parallel to it. The gutter shall slope down one-half (1/2) inch
per foot to the curbline.
(k)
Driveway approaches near intersections.
Where existing
right-of-way permits, driveway approaches near an intersection of
two (2) streets shall meet the following minimum requirements: The
corner rounding shall have curbs constructed with a minimum radius
of twenty (20) feet continuously between the points of tangency of
the curblines of both streets. The first driveway may start from the
point of tangency of the curbline and corner radius and be cut in
with a five-foot minimum radius.
(l)
Traffic safety.
Driveway approaches at or near streets
and traffic interchanges, grade separations, and traffic circles shall
be so located that traffic entering or leaving the street will not
impede, confuse, imperil or otherwise interfere with vehicular traffic.
(m)
Prohibited locations.
Driveway approaches shall not
be located at street intersections or at established pedestrian crossings.
(n)
Driveway approaches in angle parking areas.
Driveway
approaches shall not be constructed in existing angle parking areas
except where the curb is restored to its normal location along the
roadway in front of the premises.
(o)
Use for standing or parking of vehicles.
Driveway approaches
shall not be constructed or designed for use for the standing or parking
of vehicles or for use as angle parking.
(p)
Motor vehicle service stations and parking lots.
Premises
used as motor vehicle service stations or parking lots shall have
a six-inch raised curb or other approved traffic barrier along the
entire street frontage, except at the driveway approaches and access
walks. The curb shall be placed so that automobile bumpers shall not
extend over the sidewalk or public property.
(1971 Code, sec. 14-31)
The Building Inspector may inspect any and all materials before
the pouring of concrete in connection with work authorized by a permit
issued under this division. The contractor shall furnish the required
samples when requested for the making of tests and other required
examinations prior to the use of same.
(1971 Code, sec. 14-32)
Work authorized by a permit issued under this division shall
be aligned with the stakes and set to the grade as determined by the
Building Inspector. Grade and line stakes shall be set by the Building
Inspector upon request and, when so set, shall be protected by the
contractor.
(1971 Code, sec. 14-33)
(a)
A
contractor performing work under this division shall provide necessary
red lanterns and flares and safeguards so placed that pedestrians
will not be injured and vehicular traffic shall not be unnecessarily
impeded and shall be protected from injury. Provisions shall be made
for the passage of water in the street gutter.
(b)
No
buttresses, steps, projections, retaining walls or fences shall be
constructed on any public property by persons doing work under this
division, unless such construction is approved by the Town Council.
(1971 Code, sec. 14-34)
Immediately upon completion of work authorized by a permit issued
pursuant to this division, the contractor shall remove from the area
all unused material, dirt, debris and loose concrete. He shall see
that the entire area is broom clean and usable.
(1971 Code, sec. 14-35)
The provisions of this division shall not prevent the use of
types of construction or materials or methods of construction offered
as an alternate for the types of construction or materials or methods
of construction specifically required by this division, but such alternate
types of construction or materials or methods of construction to be
given consideration shall be offered for approval by the Building
Inspector as being sufficient, safe and equal to the standards set
out in this division.
(1971 Code, sec. 14-36)
(a)
In unusual circumstances, the terms and provisions of this division may be varied by resolution of the Town Council. Written notice of the public meeting to consider a request for a variance shall be sent to all owners of real property as described in subsection (c) below as well as due notice to the parties in interest. Such notice shall be given not less than fifteen (15) days before the date set for hearing by posting such notice properly addressed and postage-paid to each taxpayer as the ownership appears on the last approved Town tax roll. In addition, notice shall be given by publication in the official publication of the Town stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication.
(b)
The owner and/or applicant for the variance shall pay to the Town, at the time the application is made, that fee set forth in section 14.01.002 of this code, as amended.
(c)
Written
notice of the hearing on the request for a variance shall be sent
to all owners of real property contiguous to and/or surrounding the
property on which the variance is requested as follows:
(1)
In instances where the property on which the variance is requested
does not front and/or abut an intersection, all other properties located
on the same street block as the subject property;
(2)
In instances where the property on which the variance is requested
does front and/or abut an intersection, all other properties located
on the same street block as the subject property, in addition to the
properties located on and abutting all corners of said intersection;
or
(3)
In instances where the property on which the variance is requested
is located on a street block where there are less than three (3) other
properties on said block, all properties located within two hundred
(200) feet of that street frontage upon which the subject property
is located.
(1971 Code, sec. 14-37)
When a sidewalk, driveway, curb, gutter or appurtenance becomes
defective, unsafe or hazardous, it shall be the duty of the owner
of the abutting property to reconstruct or repair same, and the expense
of such work shall be borne by the abutting property owner. When a
sidewalk, driveway, curb, gutter or appurtenance is found to be defective,
unsafe or hazardous, the Building Inspector shall notify the owner
of the abutting property to reconstruct or repair same. Any owner
who fails to reconstruct or repair such defective, unsafe or hazardous
condition within thirty (30) days from the date of the written notice
from the Building Inspector to do so shall be guilty of a misdemeanor.
(1971 Code, sec. 14-38)
Whenever the use of any driveway approach is abandoned and it
is no longer used for vehicular access to the abutting property, it
shall be the duty of the abutting property owner to restore the curb
according to the standards provided in this division.
(1971 Code, sec. 14-39)
(a)
Liability generally.
This division shall not be construed
to relieve from or to lessen the responsibility or liability of any
person owning, controlling or installing any surfaces for damages
to persons or property caused by any defect therein.
(b)
Liability of abutting owner or occupant.
The abutting
property owner or person enjoying the use of any property abutting
on a sidewalk or curb that has become defective and has resulted in
causing damage or injury as a result of such defective condition shall
be primarily liable in damages for any loss or damage sustained as
a result of such defective condition. The Town shall not be held as
assuming any such liability by reason of the inspections authorized
by this division or by reason of the approval or disapproval of any
access facilities, surfacing or appurtenance not made in accordance
with the standards or specifications of this division.
(c)
Liability of special users.
It shall be the duty of
any property owner, landlord, tenant, lessee, sublessee, person, firm
or corporation making special use of any sidewalk or curb for the
purpose of ingress or egress, for loading elevators, downspout drains,
or any other special use of whatsoever kind or character, whether
recited herein or not, to keep said sidewalk, parkway, curb and driveway
abutting said property in a good and safe condition and free from
any defects and hazards of whatsoever kind and character. Such special
user shall be liable in damages for any loss or damage sustained as
a result of any defective condition of the sidewalk, driveway, curb,
loading elevator, downspout drain or any other special use or facility
of whatsoever kind or character.
(d)
Replacement of sidewalk and curb and gutter on new construction sites.
The abutting property owner of new construction sites shall
be responsible for replacing all existing sidewalk and curb and gutter
prior to the Town issuing an occupancy permit as required by the building
code. Any sidewalk or curb and gutter not replaced shall meet requirements
of this division except the portion of section 3 [3.13.038] that requires
a minimum curb width of twenty-four (24) inches as measured from the
face of the curb. Any sidewalk or curb and gutter not replaced shall
be free of defects or deterioration.
(e)
Replacement of sidewalk and curb and gutter at existing residences
or businesses.
The abutting property owner when replacing a portion of the sidewalk or curb and gutter adjacent to the property shall be responsible for replacing all sidewalk and/or curb and gutter whenever fifty (50) percent or more of the existing sidewalk and/or curb and gutter is being replaced. Any sidewalk or curb and gutter not replaced shall meet requirements of this division except the portion of section 3.13.038 that requires a minimum curb width of twenty-four (24) inches as measured from the face of the curb. Any sidewalk or curb and gutter not replaced shall be free of defects or deterioration.
(1971 Code, sec. 14-40)
