Section
General Provisions
91.01 Sidewalk Policy and Construction Maintenance Plan
91.02 Regulation of tree-lawn area
91.03 Definitions
Road and Bridge Projects
91.15 Public meeting required
91.16 Notice requirements
91.17 Public may testify; effect of testimony
91.18 Meeting to be held prior to construction
91.19 Separate meeting for each project not required
91.20 Exemptions from meeting requirement
Obstructions
91.30 Unloading on street or sidewalk
91.31 Street and sidewalk obstruction
91.32 Materials on street or sidewalk
91.33 [Reserved]
91.34 Peddlers not to obstruct streets
91.35 Pedestrians’ duties in traffic
Excavations and Construction
91.45 Application for permit to cut, excavate, or bore in the city right-of-way from the city required
91.46 Reconstruction of street segment in certain cases; waivers, and restoration to be completed promptly and expeditiously
91.47 Specifications for filling of cuts
91.48 Cash deposit or bond to cover cost of repair work
91.49 Emergency repairs
91.50 Liability insurance
91.51 Agreement in lieu of liability insurance
Installation on New and Extension Streets
91.60 Installation
91.61 Utility review
91.62 City review
91.63 Fees
91.64 Minimum standards
91.65 Completion
91.99 Penalty
GENERAL PROVISIONS
(A) Introduction.
(1) This Sidewalk Policy and Construction and Maintenance Plan ("Policy") shall cover the construction of new sidewalks and the repair of existing sidewalks that are located in the public right-of-way and that have been dedicated and accepted by the city for public use.
(2) It is the goal of the policy to address the following sidewalk issues, listed in descending order of importance.
First: Repairing severely damaged (hazardous) sidewalks.
Second: Filling in missing short sections between sidewalks.
Third: Filling in large areas without sidewalks.
Fourth: Aesthetic considerations.
(B) Sidewalk fund. The City Council has approved a capital projects program fund, which includes an annual budgeted line item earmarked for the maintenance and construction of sidewalks located in the public right-of-way. This fund ("the Sidewalk Fund") will be used to purchase materials, equipment, labor, and professional services necessary to implement the policy.
(C) Sidewalk Committee. A Sidewalk Committee is established under this policy to oversee the policy. The Sidewalk Committee is comprised of the Council members appointed to the Community Preservation Committee, the City Administrative Officer, and the Public Works Director. The Committee will meet periodically, but at least annually, to review the work schedule and make recommendations for changes and adjustments whenever necessary.
(D) Implementation plan. In order to provide for the efficient and orderly implementation of the policy, the city is divided into six sidewalk districts (see map attached to Ord. 3-2017).
(E) Sidewalk inventory and condition assessment.
(1) The Public Works Department shall periodically inventory as many sidewalks as allowed by time and budget, for the purpose of creating a sidewalk condition index (the "Index").
(2) When inventorying sidewalks, the Public Works Department shall use the following rating system to compile data to form the Index:
(a) "Slight Cracking" denotes a crack that is superficial up to 1/8" in width and/or vertical displacement less than 1/8". (1 point)
(b) "Moderate Cracking" denotes a crack that is between 1/8" and 1/4" in width and/or slight vertical displacement up to 1/2". (2 points)
(c) "Severe Cracking" denotes a crack that is over 1/4" in width and/or has a vertical displacement of 1/2" to 1". (3 points)
(d) "Vertical Separation" denotes a section of sidewalk in which the vertical separation is greater than 1". (5 points)
(F) Prioritization Plan.
(1) Each district shall be ranked based upon the results of the sidewalk inventory. Priority will be determined by the highest point total in the most recent index.
(2) Once the Public Works Department has begun work in a district, it will continue in that district until all sidewalks have been inspected and the required repairs and replacements have been made.
(3) Notwithstanding the above sentence, the Sidewalk Committee may consider other factors in determining whether an exception to the general policy is warranted, on a case-by-case basis. These factors include, but are not limited to: natural disasters, emergencies, or other extraordinary circumstances, the volume of pedestrian traffic, proximity to public transportation boarding and drop off points, and proximity to schools.
(G) Criteria for sidewalk repair and replacement. Upon inspection, sidewalks in the prioritized district shall be repaired and/or replaced if the following conditions exist:
(1) Vertical offset at joints larger than one inch.
(2) Intersecting cracks in one panel subject to displacement.
(3) Settlement in sidewalk larger than four inches in an eight-foot span.
(4) Rough surface due to deterioration of concrete that is determined hazardous.
(H) Sidewalk specifications.
(1) All sidewalk repairs, replacement, and construction shall comply with the Kenton County Subdivision Regulations. This provision shall apply to any developer who builds sidewalks in residential and commercial subdivisions.
(2) Any sidewalk construction or repair shall be subject to inspection by the City Public Works Department for compliance with the abovementioned standards or quality of material and workmanship.
(I) Trees and tree roots in the vicinity of sidewalks. In certain locations trees have been planted in close proximity to sidewalks. Roots of such trees may have caused severe damage to sidewalks, the repair of which may require the cutting of these roots. In the event a sidewalk cannot be repaired or rendered compliant without the removal of the tree, the tree shall be removed. If such a tree is in the right-of-way, the sidewalk fund shall pay for the removal. If the tree is on private property, the property owner shall be responsible for the removal.
(J) Damage to sidewalks due to private construction activity or individual acts. If a private construction activity or individual act causes damage to a public sidewalk, the party causing the damage shall be responsible for repairing and/or replacing the damaged sidewalk.
(K) Repair or replacement of sidewalks by others. If a resident or group of residents choose to repair or replace a damaged sidewalk that meets the replacement criteria of division (G) above, before the scheduled repair or replacement, the sidewalk program may pay for the concrete used to complete such work, provided yearly budgeted funds are available. A resident making such a request shall employ a bonded contractor or provide surety to the city in the amount of $1,000. The resident or contractor performing such work must obtain all proper permits. Such work will be subject to inspection by the Public Works Department.
(L) Utilities. Utility companies shall comply with the provisions of their franchise agreement with the city.
(M) Construction of sidewalk by others. If a resident or a group of residents or a private or public entity chooses to construct a sidewalk in the right-of-way where none exists, the sidewalk program may pay for the concrete used to complete such work provided yearly budgeted funds are available. A resident making such a request shall employ a bonded contractor or provide surety to the city in the amount of $1,000. The resident or contractor performing such work must obtain all proper permits. Such work will be subject to inspection by the Public Works Department.
(N) Sidewalk program management and construction.
(1) The policy shall be managed by the city Public Works Department. The City Council, City Administrator, and Community Preservation Committee shall provide guidance in the implementation of the policy.
(2) In order to obtain the most efficient use of the sidewalk fund, the Public Works Department may perform the sidewalk repairs, replacement and construction of sidewalks. If, due to heavy workload, the Public Works Department cannot perform the work in a timely manner, then this work may be bid and awarded to a private contractor.
(O) Repair or replacement of sidewalks as part of city road construction projects. The City Council has approved a capital projects program fund, which includes an annual budgeted line item earmarked for the maintenance, repair, and replacement of city streets (the "Street Repair Program"). If a sidewalk is repaired or replaced in conjunction with a project under the street repair program, the sidewalk fund shall cover the costs associated with the repair or replacement of sidewalk.
(P) Requests for exceptions and appeals. A Fort Wright resident may request an exception to the policy. The resident's request must identify an exception listed in division (F)(1) above. The Sidewalk Committee's decision with respect to the resident's request shall be final.
(Ord. 3-2017, passed 3-1-17) Penalty, see § 91.99
(A) It shall be unlawful for any person to blacktop, concrete, macadamize, cover up, or in any form obliterate that strip of land between the street and the sidewalk commonly known as "tree lawn" within the confines of the city, excepting the planting of grass or trees or as otherwise provided in this section.
(B) The City Council may in its discretion and in conformity with the general intent of this section, grant approval by written permission for blacktopping, concreting, macadamizing, or other use of the strip of land commonly referred to as the "tree lawn." This approval is to be granted by the City Council after first consideration is given to maintaining the uniformity, beauty, contour, and general appearance throughout the city as originally planned.
('77 Code, § 12-4) Penalty, see § 91.99
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