Section
1010.01 Compliance with sidewalk specifications
1010.02 Right-of-way permits
1010.03 Liability insurance
1010.04 Permit fees
1010.05 Conformity of sidewalks to street grade; exception
1010.06 Sidewalk widths
1010.07 Sidewalk materials
1010.08 Driveway walks
1010.09 Nonconforming work
1010.10 Curb cuts
1010.11 Tree lawns
1010.12 Certain tolerated tree lawn items
1010.13 Municipal utilities exceptions
1010.99 Penalty
Editor’s note:
Chapter 1010, previously a codification of Ordinance 111-63, passed November 25, 1963, Ordinance 94-74, passed June 10, 1974, and new matter, was repealed and re-enacted in its entirety by Ordinance 56-90, passed March 26, 1990.
In order to have all sidewalks on streets in the city constructed and repaired in a reasonable and uniform manner, all sidewalks repaired or replaced hereafter in a city right-of-way or on city property shall be done in conformity with the requirements of this chapter.
(Ord. 56-90, passed 3-26-1990; Ord. 222-04, passed 10-25-2004)
All work done by private citizens in the public right-of-way shall be done only after a permit has been issued by the Public Works Director and required proof of insurance has been furnished. Permits are required for any category of work that follows:
(a) Construction, removal or repair of any sidewalk in the right-of-way;
(b) Excavation, tunneling or grading for the purpose of constructing, repairing or removing any sewer or drain in the right-of-way;
(c) Excavating, widening, filling, obstructing or materially changing any street or roadway drainage channel; or
(d) Cutting or otherwise changing, altering or constructing any curb.
(Ord. 56-90, passed 3-26-1990; Ord. 43-2014, passed 4-14-2014)
The required permit shall not be issued unless the permit applicant deposits with the Public Works Department required proof of insurance providing coverage for the city, as well as the party doing the work, against any loss or damage to any person or property resulting from any act performed before completion of the work proposed. The amount of insurance coverage required shall be determined by the following guidelines: the extent of work involved in the proposed project; the manner in which the proposed project is to be completed; and the total approximate gross cost of the proposed construction project.
A homeowner permit applicant not employing highway use equipment or vehicles, and proposing to perform all of the work completely on his or her own, and for his or her own residential realty, shall present a copy of the policy with a minimum limit of liability for property damage in the amount of at least $100,000 per loss, and for bodily injury and wrongful death in the amount of at least $150,000 per person, plus at least $300,000 total aggregate loss. A homeowner permit applicant employing highway use equipment or vehicles and/or a contractor applicant shall present a policy having a minimum limit of liability for property damage in the amount of at least $100,000 per loss, and for bodily injury and wrongful death in the amount of at least $300,000 per person, plus at least $1,000,000 total aggregate loss.
In the event the Public Works Director determines, under the guidelines set forth herein, that the minimum coverages required are insufficient to adequately cover the probable risks involved for a particular proposed construction project, then higher minimum limits shall be required in such insurance policy commensurate with the probable risks involved.
(Ord. 56-90, passed 3-26-1990; Ord. 43-2014, passed 4-14-2014)
Right-of-way permit fees are as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
(Ord. 56-90, passed 3-26-1990)
All sidewalks shall be laid to conform to the established grade of the street and shall slope so as to coincide with the following described line: beginning at the top of the curb at the established grade and extending thence to the fence line or property line at an incline upward from such curb at the rate of three- eighths of an inch for each foot. At street intersections where the grade of streets renders such slope impracticable, the sidewalks shall be laid under the direction and to the acceptance of the Municipal Engineer.
For the replacement or repair of segments of sidewalk where the abutting sidewalk does not have the prescribed incline, the sidewalks shall be laid under the direction and to the acceptance of the Municipal Engineer.
(Ord. 56-90, passed 3-26-1990)
(a) Philosophy. The city will adopt a comprehensive plan to address the needs and concerns of the residents with respect to pedestrian traffic. Sidewalks shall be installed in the city rights-of-way to ensure safety and security to persons walking. The sidewalks shall be free of hazards and nuisances, such as uneven sections, large cracks, standing water and overhanging vegetation. The sidewalks shall also be a safe distance from the roadways and meet all ADA requirements for width and grade.
(b) Goals.
(1) Safety of residents walking.
(2) Prioritize need.
(3) Ensure uniformity.
(4) All new city streets will have sidewalks in accordance with divisions (c)(1) and (c)(2) of this section and § 1010.07.
(c) Standards.
(1) Minimum of four feet in width.
(2) Walks to be a minimum of eight feet from the edge of the road pavement.
(3) Walks to be installed in the city right-of-way or highway easement.
(4) Walks shall run parallel to the roadway.
(5) Consideration shall be given to trees and other unmovable objects in the right-of-way. However, walks shall be installed with as few curves and variations as possible.
(6) When walks are not feasible on both sides of the street for safety, clear distance and right-of- way issues, then the walks shall be installed only on one side of the street and the walk shall be increased in width to a minimum of five feet to accommodate traffic in both directions. When this instance occurs the walk shall be uniform and extend a minimum distance of one city block, or 740 feet. Also, a cross-over shall be installed to reflect the walk if only on one side of the street.
(7) A sidewalk plan shall be in place for the entire city block, or 750 feet prior to any installation of sidewalks, to ensure uniformity.
(8) Sufficient right-of-way shall be required to accommodate sidewalks. If sufficient right-of-way is not possible, then alternatives such as walks on one side of the street shall be considered.
(9) If right-of-way is not sufficient for sidewalks on either side of the street, then sidewalks shall not be required. Sufficient right-of-way shall be determined by the City Engineer.
(10) The installation of new sidewalks should include flexibility in design when considering topography and existing trees
(d) Prioritization.
(1) Main streets in residential districts shall be given top priority.
(2) Connector streets in residential districts shall be considered next.
(3) Streets that feed to shopping centers, commercial districts, schools and parks shall be considered next.
(e) Special prioritization. Council at its discretion may consider construction of new sidewalks outside of the area priorities established by the pavement management plan. In such instances priority shall be given to:
(1) Locations where safety can be improved, particularly safety of children.
(2) Locations with a demonstrated pedestrian need.
(3) Completion of sidewalk continuity in residential and commercial neighborhoods.
(4) Locations responding to a petition of neighbors representing 50% of the owners within a block.
(f) Planning.
(1) The Public Works Department will develop a list based upon the priority list in division (d) of this section.
(2) The Public Works Department will develop a comprehensive sidewalk plan to address each street in the city, including streets deemed not to need sidewalks.
(3) The Public Works Department will make recommended plan to the City Council. The plan will include:
A. Priorities.
B. Right-of-way acquisition.
C. Total cost estimate.
D. Time frame necessary to implement and complete the plan.
(4) The installation of sidewalks will be approved by the Public Works Department to ensure continuity and conformity to the comprehensive plan. Adjustments to horizontal locations may be made by the Municipal Engineer.
(Ord. 222-04, passed 10-25-2004; Ord. 43-2014, passed 4-14-2014)
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