CHAPTER 3.
SIDEWALKS, CURBS AND DRIVEWAYS
Sections:
7-3.01 Sidewalks and Curbs: Construction: Permission Required: Exceptions
7-3.02 Sidewalks and Driveways: Construction or Repair: Permits Required: Exceptions
7-3.03 Sidewalks and Curbs: Permits
7-3.04 Sidewalks and Driveways: Construction or Repair: Permits: Denial
7-3.05 New Sidewalk and Curb: When Required
7-3.06 Maintenance of Sidewalk and Curb: When Required
7-3.07 Curb and Gutter: Standards
7-3.08 Sidewalks and Driveways: Construction or Repair: Persons Responsible
7-3.09 Sidewalks and Driveways: Construction or Repair: Time Limits: Specifications
7-3.10 Sidewalks and Driveways: Construction or Repair: Time Limits: Expiration
7-3.11 Sidewalks and Driveways: Construction or Repair: Use of Streets for Materials and Appliances
7-3.12 Sidewalks: Construction: Lines and Grades
7-3.13 Curbs: Construction: Permits Required
7-3.16 Curbs: Construction: Time Limits: Specifications
7-3.17 Curbs: Construction: Corner Radii
7-3.01 Sidewalks and Curbs: Construction: Permission Required: Exceptions.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to construct, or cause to be constructed any sidewalk or curb without first obtaining from the Street Superintendent permission to do so, unless the construction of such sidewalk or curb shall have been ordered or authorized by the Council.
(Sec. 5, Ord. 311, thereafter codified in Sec. 24.8, E.T.C.; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
7-3.02 Sidewalks and Driveways: Construction or Repair: Permits Required: Exceptions.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to repair or construct, or cause to be repaired or constructed, by private contract any cement sidewalk or cement driveway, or to cut any curb for the purpose of constructing a driveway, or to begin an excavation for the purpose of constructing a sidewalk or driveway without first obtaining a permit in writing to do so from the Street Superintendent; provided, however, a property owner, when notified by the Street Superintendent to repair an existing sidewalk, may make such repairs to the extent of not more than twenty-five (25) square feet without the necessity of obtaining a permit therefor.
(Sec. 1, Ord. 301, thereafter codified in Sec. 24.29, E.T.C.; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
7-3.03 Sidewalks and Curbs: Permits.
Permits shall be obtained from the Building Department and shall be on the same form and have the same cost as a building permit.
(Ord. 83-03, eff. June 21, 1983)
7-3.04 Sidewalks and Driveways: Construction or Repair: Permits: Denial.
(a) In no case shall a permit be granted to any person to construct sidewalks where the Council has declared its intention to construct such sidewalks under the general laws of the State.
(b) In the event any of the terms or conditions of this chapter are not complied with within the time fixed for compliance, no further permit shall be issued to such person while such person causes or permits such noncompliance to continue.
(Sec. 7, Ord. 301, thereafter codified in Secs. 24.40 and 24.41, E.T.C.)
7-3.05 New Sidewalk and Curb: When Required.
Sidewalk and curb shall be constructed where nonexistent and or repaired where failing to meet the minimum standards set by the City Engineer as a condition of all building permits for the construction of new structures and for all nonresidential construction with a value of five thousand dollars ($5,000.00) or more.
(Ord. 83-03, eff. June 21, 1983)
7-3.06 Maintenance of Sidewalk and Curb: When Required.
All owners of commercial and industrial property shall be required to maintain the curb and sidewalk abutting their properties to the minimum standards set by the City Engineer.
(Ord. 83-03, eff. June 21, 1983)
7-3.07 Curb and Gutter: Standards.
Standards for the construction and repair of curb, gutter and sidewalk shall be set by the City Engineer and changed from time to time as deemed necessary by the City Engineer.
(Ord. 83-03, eff. June 21, 1983)
7-3.08 Sidewalks and Driveways: Construction or Repair: Persons Responsible.
The construction or repair of sidewalks or driveways performed pursuant to a permit issued pursuant to the provisions of this chapter shall be performed by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for such work. In the event it shall at any time be ascertained that any work is being done, or has been done, pursuant to a permit issued to a person other than the person responsible to the owner or contractor for such work, the person doing, or having done the work shall be guilty of violating the provisions of this chapter.
(Sec. 8, Ord. 301, thereafter codified in Secs. 24.43 and 24.44, E.T.C.)
7-3.09 Sidewalks and Driveways: Construction or Repair: Time Limits: Specifications.
All sidewalks and driveways shall be repaired or constructed in every particular in accordance with the permit therefor issued pursuant to the provisions of this chapter. Such work shall be completed within thirty (30) days after the date of the permit, unless an extension of time thereon is granted by the Street Superintendent, and such work shall be in accordance with such specifications as may be adopted by resolution of the Council from time to time for the private construction and repair of sidewalks and driveways.
(Sec. 9, Ord. 301, thereafter codified in Sec. 24.45, E.T.C.)
7-3.10 Sidewalks and Driveways: Construction or Repair: Time Limits: Expiration.
If all the private construction or repair work of any sidewalk or driveway is not completed at the expiration of the time allowed by the permit issued pursuant to the provisions of this chapter and in accordance with the provisions of this chapter, the Street Superintendent may notify the contractor to complete such work within two (2) days.
(Sec. 6, Ord. 301, thereafter codified in Sec. 24.38, E.T.C.)
7-3.11 Sidewalks and Driveways: Construction or Repair: Use of Streets for Materials and Appliances.
Any permit granted pursuant to the provisions of Section 7-3.02 of this chapter shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration, or repair work is to be performed such materials and appliances as may be necessary for use in performing such work; provided, however, such materials and appliances shall not occupy one-third (1/3) of the roadway in front of such construction work and shall be placed thereon subject to the direction and approval of the Street Superintendent. In no event shall such materials and appliances be placed within five feet (5') of any railroad or streetcar track. All materials, debris, and appliances shall be so placed as not to obstruct any gutterway, catchbasin, or portion of the street other than that lawfully occupied by such obstruction. the permit granted shall prescribe the date when work shall begin and the time of the occupancy of the street; provided, however, the Street Superintendent may order such materials, appliances, and debris, or any portion thereof, to be removed within three (3) days after written notice. The placing of materials, appliances, and debris upon the street for the purpose of such construction work, and the removal thereof, shall be held to be a part of such construction work.
(Sec. 5, Ord. 301, thereafter codified in Sec. 24.37, E.T.C.)
7-3.12 Sidewalks: Construction: Lines and Grades.
Sidewalks shall be constructed so that the surface shall rise from the stone curb grade at a uniform rate of one-fourth inch (1/4”) to the foot; provided, however, on streets where the intersecting streets have different widths of sidewalks, the slope shall be averaged at the corners. All sidewalks shall be constructed to the official lines and grades established by the City Engineer.
(Sec. 4, Ord. 311, thereafter codified in Secs. 24.5 and 24.7, E.T.C.)
7-3.13 Curbs: Construction: Permits Required.
It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for any person to construct, or cause to be constructed by private contract independently of other street work, any concrete curb on any street without first obtaining a permit in writing to do so from the Street Superintendent.
(Sec. 10, Ord. 301, thereafter codified in Sec. 24.47, E.T.C.; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
7-3.14. Deleted by 83-03.
7-3.15 Deleted by 83-03.
7-3.16. Curbs: Construction: Time Limits: Specifications.
The permit required by Section 7-3.13 of this chapter shall provide for the completion of the work within a specified time, to be determined by the Street Superintendent, which time may be extended by the Street Superintendent. Such permit shall further provide that the work shall be in conformity with the specifications filed and to the satisfaction and acceptance of the Street Superintendent.
(Sec. 12, Ord. 301, thereafter codified in Sec. 24.49, E.T.C.)
7-3.17 Curbs: Construction: Corner Radii.
Curblines at each and every street corner shall be connected by and constructed on a circular curve with a radius as follows: Where the sidewalk spaces of the intersecting streets are on the same width, the radius shall be equal to the width of either of the sidewalk spaces, but where the sidewalk spaces of the intersecting streets are of unequal width, the radius shall be equal to the narrower of the two (2) sidewalk spaces; provided, however, the curb radius on the southeast corner of Green Street and Powell Street shall be forty feet (40'); and provided, further, in each and every case, such circular curve shall be tangent to both of the curblines which it connects. Each point at the top of the curb at which such circular curve is tangent shall be called and shall be known as the “return.”
(Sec. 3, Ord. 311, thereafter codified in Sec. 24.4, E.T.C.)
7-3.18 Permits: Posting.
All permits for construction issued pursuant to the provisions of this chapter shall be posted conspicuously on the job.
(Sec. 7, Ord. 301, thereafter codified in Sec. 24.42, E.T.C.)