[NRO 1975, T. 6, §§ 901, 904a
to 918 (Secs. 19-16 to 19-33 of the 1987 Code)]
No street or highway shall be accepted or laid
out by the City of less width than 50 feet.
[Amended 11-14-1977 by Ord. No. O-77-267]
No sidewalk shall be constructed or reconstructed
unless provision is made for the installation of ramps suitable for
wheelchair travel at or near each street intersection, driveway or
other point where the sidewalk intersects with any location of vehicular
access.
Whenever any owner or owners of land upon any
street shall make application to the Board of Public Works for edgestone
to be set in front of such land, the Board may furnish and set the
edgestone if in its judgment the public good will be promoted thereby.
In all requests for edgestones granted by the
Board of Public Works, the landowners shall agree with the Board,
in writing, to lay, within 30 days from the setting of the edgestone,
a sidewalk of hard-burned brick, concrete or other material satisfactory
to the Board in front of the land to the satisfaction of the Board.
If the sidewalk is not built within the time specified, the landowners
shall pay the City the cost of such edgestone and setting. If the
Board so elects, the edgestone may be removed for use elsewhere, the
expense of setting and removing to be charged to the landowners. All
of such expenses shall be collected from the owner or owners as other
bills due the City.
No person shall proceed to erect or make any
alteration in the location or grade of any fence, wall, lawn or building,
a part of which is to abut a public street or square, without first
applying to the City Engineer for the lines and grades of the street
or square at the point where the structure is to be built or the grading
done. Such application shall be made at least 15 days before the work
is to be begun, and the City Engineer shall, within that time, furnish
the required lines and grades without charge, if it is in his power
to do so. In default of such application, the City shall not be liable
for any damages resulting from such default or from change of grades
of streets or squares.
No individual shall make an excavation or otherwise
disturb the surface of any public street of the City, except as set
forth in this article, without a license granted by the Board of Public
Works.
[Amended 10-12-1982 by Ord. No. O-82-63]
A.
The Board of Public Works may grant a license in writing
to any person for the purpose of building or for other lawful purposes,
to obstruct or encumber so much and such part of any street, lane,
alley, sidewalk, or other public place in the City, and on such terms
and conditions as they may deem safe and proper.
B.
A base fee of $300 will be charged for the issuance
of license to encumber a highway involving the movement of a house,
garage or other structure through City streets. If costs to the City
incident to such movement exceed the base fee, the licensee will be
charged the total amount in excess thereof.
[Amended 11-10-1983 by Ord. No. O-83-143]
A.
Notwithstanding any other provisions of the City Code,
in recognition of important considerations of freedom of speech and
the press, the Director of Public Works or his designee shall issue
a license allowing the erection of a newspaper or magazine vending
machine upon the public sidewalk, upon application to him demonstrating
the following:
(1)
The machine shall not be erected at a distance less
than three feet from the paved edge of any street, driveway or entranceway
commonly traveled by automobiles.
(2)
The machine shall not infringe upon a clear corridor
for pedestrian traffic of five feet in width on the Main Street sidewalk
between Amherst Street and Hollis Street and of four feet in width
on all other sidewalks.
(3)
The machine shall, through the use of bolts, chains,
cables or weight, be made stable and unmovable by other than authorized
persons using appropriate equipment.
(4)
The machine shall not be attached, supported by or
impede access to any parking meter, traffic-control sign or signal,
City-owned light pole, refuse receptacle, tree or tree guard.
(5)
The applicant has liability insurance, as attested
by insurance certificates naming the City as an additional insured,
providing protection in the sum of $300,000 for injury to persons
and $100,000 for property damage.
B.
Any applicant whose license request has been rejected
by the Director of Public Works may appeal to the Board of Public
Works at their next meeting. The Board of Public Works may upon a
hearing overrule the director and grant the license if it shall determine
that justice so requires.
C.
Any person erecting a newspaper or magazine vending machine without first obtaining a license as provided in this section shall be subject to the general penalty provisions as provided in § 1-12 of the City Code.
D.
Any newspaper or magazine vending machine erected
on a public sidewalk without a license or not in accordance with the
representations of the license application may be removed by the City
and the owners charged for the expense upon 24 hours' notice.
No person shall break or dig up the ground or
stones in any street, lane, alley or any sidewalk in the City, or
erect any staging for building or place or deposit any stones, brick,
timber or other building materials thereon, without first obtaining
a written license from the Board of Public Works or some person authorized
by them to grant such a license, and complying in all respects with
the conditions of such license.
[Amended 4-19-1977 by Ord. No. O-77-140]
The Board of Public Works shall, on a priority
basis, within 48 hours after the conclusion of any snow storm, take
all steps necessary to remove snow and ice from all streets and sidewalks
extending a distance of 1,000 feet from the entrance of all City schools.
[Amended by Ord. No. O-97-181; 11-12-2003 by Ord. No. O-03-219]
A.
The Board of Public Works may grant licenses to individuals
or corporations who apply in writing for the privilege of excavating
trenches or otherwise disturbing the surface of streets of the City.
B.
Such persons shall execute a bond to the City, in
the amount deemed necessary by the Board, conditional:
(1)
That all excavations shall be properly guarded at
all times for the protection of the public;
(2)
That all points where the street, sidewalk, alley,
lane or other surface improvement is disturbed shall be properly resurfaced
and left in as good condition as when found, and to the satisfaction
of the Board;
(3)
That all resurfacing work shall be divided into two
separate phases:
(a)
Phase I. A temporary resurfacing patch shall
be made no later than three working days after completion of work
for which such surface improvement was disturbed.
(b)
Phase II. The final resurfacing work shall be
completed no sooner than 30 working days and no later than 45 working
days after laying of temporary resurfacing to allow for settling of
fill. The Board may authorize the department of public works to extend
the completion for final resurfacing for up to one year if required
by existing conditions.
(4)
That the City shall be indemnified and held harmless
from any damages or costs for which the City may be liable by reason
of injuries resulting from neglect, carelessness or incompetency in
the progress of the work, or in properly fencing or lighting any excavation
or obstruction, or in performing any other work connected therewith.
C.
Such licenses shall be valid for one year from the
date of issue, unless sooner revoked.
D.
The bond will be released upon approval of such resurfacing
by the City.
E.
The Board may exempt licensed drainlayers from any
of the provisions of this section.
F.
Any construction activity that requires cutting into, connecting to, disturbing, or otherwise damaging an existing public street shall require the licensee to reconstruct the street by removing the existing asphalt, aggregate base, and subgrade material a minimum of three feet in each direction beyond the damaged area (or up to the edge of pavement if closer than three feet), and placing a minimum of 18 inches of aggregate base, and two inches more than the existing asphalt concrete thickness, but never less than five inches total asphalt concrete on residential streets, and seven inches total asphalt concrete on all other streets. This obligation shall apply to all excavations, including work under Articles V and VI of this chapter.
G.
Construction shall not be permitted on any street paved within the past five years, except for emergency or hardship purposes only, and only if, at the licensee's expense, the street is reconstructed by removing the existing asphalt, aggregate base, and subgrade material a minimum of three feet in each direction beyond the damaged area (or up to the edge of pavement if closer than three feet, and placing a minimum of 18 inches of aggregate base, and a minimum of three inches total asphalt concrete on residential streets, and five inches total asphalt concrete on all other streets. In addition, the licensee shall resurface the entire street from curb to curb, and for a minimum of 20 feet beyond either end of the disturbed area as measured along the center line of the roadway, and a minimum asphalt concrete thickness of two inches. Full depth edge grinding shall be performed to maintain curb profile, and preclude feathering of pavement. This obligation shall apply to all excavations, including work under Articles V and VI of this chapter.
H.
The board
may permit and authorize the Division of Public Works to conduct pilot
programs for the excavation and resurfacing of streets to evaluate
new technologies, methods, and/or materials.
[Added 10-14-2008 by Ord. No. O-08-34]
Whenever any street, lane, alley, sidewalk or
other public place in the City shall, under any license granted under
this article, be obstructed or encumbered and thereby rendered unsafe
or inconvenient for travelers, the person so obstructing or encumbering
shall put, and at all times keep up, a suitable railing or fence around
the section or parts of the street, alley, lane or side-walk or other
public place obstructed or encumbered so long as the same shall remain
unsafe or inconvenient, and shall keep one or more lighted lanterns
fixed to the fence or in some other proper manner, every night from
twilight and through the whole night, so long as such railing or fence
shall be kept standing. He shall also, within such reasonable time
as the Board of Public Works shall direct, amend and repair the street,
lane, alley, sidewalk or public place to the acceptance of the Board.
No person shall make, erect or maintain any
doorstep, portico, porch, entrance or passageway to any cellar or
basement, or any other structure, in or upon any street, lane, alley
or sidewalk in the City without permission in writing from the Board
of Public Works. No person shall suffer the platform or grate of the
entrance or passageway to his cellar or basement in any street, lane,
alley or sidewalk to rise above the even surface of the street, lane,
alley, or sidewalk. Every entrance or passageway shall be kept covered
by a suitable and substantial platform or grate. If kept open it shall
be guarded and protected by a sufficient railing on both sides, at
least 2 1/2 feet high and shall be well lighted at night.
All permits or licenses granted by the Board
of Public Works to public utility companies or others under the provisions
of Section 63 of the City Charter, for placing and maintaining poles
or wires, in, over or under the streets, highways or sidewalks of
the City, shall stipulate as a condition thereof that the poles or
wires so placed and maintained shall conform to the National Electric
Safety Code. No public utility company or others shall place and maintain
the same as aforesaid without such permit or license.
No person, firm, contractor, company or corporation
shall install underground utility services such as water lines, sewer
lines, gas mains, telephone cables, television cables or power lines
until a plan locating such services has been filed with the City Engineer.
The plan shall include the location of the proposed underground service
in relation to the nearest street and lot lines, which shall be properly
identified, and the relationship of the proposed underground service
to the nearest service of the same kind of which it is or is intended
to be an extension, now or in the future, and the depth of the utility
installation.
No underground utility service shall be installed
in publicly or privately owned land until an easement therefor has
been secured from the owner of the land. The lines of any easement
secured for the purpose of installing underground utilities shall
be identified on any plan submitted to the City Engineer, and the
relationship of the proposed underground service to such easement
lines set forth.
This article shall not apply to streets or ways
which have become public ways by the laws of the state.
[Amended 3-12-1985 by Ord. No. O-84-79]
Any violation of this article shall, upon complaint of the Board of Public Works, be punishable as provided in § 1-12 of the City Code. In addition, anyone making an excavation or otherwise disturbing the surface of any public street or easement of the City shall upon request of the Board return the public street or easement to the condition it was in before the excavation or disturbance started.
