(A) Holder responsibility. The holder shall be fully responsible for the cost and actual performance of all work in a right-of-way. The holder shall do all work in conformance with the Hopkinsville Subdivision Regulations, the Hopkinsville Zoning Ordinance, the Hopkinsville Stormwater Management and Control Ordinance, the Hopkinsville Flood Damage Prevention Ordinance, the Hopkinsville Public Improvement Specifications, Chapter 162 of the Hopkinsville Code of Ordinances and KDOT Standard Specifications for Road and Bridge Construction. The city may, where feasible, perform the repair and restoration to the site for a fair fee from the holder. The fee shall equal the cost of labor, equipment, and materials necessary to complete the repair and restoration. The holder shall provide a cost estimate and surety instrument for the repair and restoration to the site to the Hopkinsville Public Works Department for review. Once approved, the amount of the cost estimate shall be paid to the city for the repair and restoration to the site.
(B) Restoration. All restoration shall result in a work site condition better than which existed prior to construction.
(1) Pavement cuts shall be filled with compacted select material. Either concrete or asphalt patches will be placed to match the existing street cross section.
(2) Select fill shall be placed in an excavation to the density required by the Hopkinsville Public Improvement Specifications and KDOT Standard Specifications for Road and Bridge Construction. Flowable fill may be required when it reduces the likelihood of future street degradation.
(3) When utility cuts are made within the paved surface of a sidewalk, the city or its designee may require temporary restoration and/or covering to provide for the safe and immediate flow of pedestrian traffic.
(C) Removing and replacing concrete driveway aprons. When curbs/gutters are removed to receive driveways, the curbs/gutters shall be repoured with a driveway apron. When a sidewalk continues across the driveway apron, the sidewalk pattern shall also be continued across the apron. Driveway aprons shall be constructed of six inches of concrete and match the adjacent sidewalk. Replacement of sidewalks shall be in accordance with § 4 of the Hopkinsville Public Improvement Specifications. Under no circumstances shall existing sidewalks be paved over in order to obtain ingress/egress to property.
(D) Driveway tile replacement. A property owner/developer shall not obstruct a right-of-way or drainage easement. The natural free and clear passage of water through the gutters, ditches or other water ways shall not be impeded. When driveways encroach into an existing stormwater runoff system, a driveway tile shall be installed in accordance with § 5.4.7 of the Hopkinsville Public Improvement Specifications, Chapters 151 (Flood Damage Prevention Ordinance) and 155 (Stormwater Management and Control Ordinance) of the Hopkinsville Code of Ordinances. A right-of-way permit shall be required for the installation of all driveway tiles within the right-of-way.
(1) Tile size. The minimum size of a driveway tile shall be 15 inches. The Hopkinsville Public Works Department and the Planning Commission may in cases where water would be detained by a 15-inch tile or where a 15-inch tile would be oversized require a different size driveway tile.
(2) Installation. Installation of the driveway tile shall only be performed by the Hopkinsville Public Works Department or KDOT where applicable. Driveway tiles located within the state right-of-way shall require coordination with KDOT. Exceptions to city installation are:
(a) Installation by KDOT on a state right-of-way;
(b) In cases where tiles are included in a Stormwater Management Plan, the cost of tile replacement/installation shall be included in the approved surety instrument. The proper installation shall be ensured by approved “as-built” drawings; and
(c) Installation of driveway tiles at new construction sites shall be the responsibility of the property owner/developer.
(E) Driveway encroachments on rights-of-way. When driveway access is obtained from private property onto a right-of-way a permit shall be obtained from the city. The application for the permit shall contain all exhibits required in the plan review section of this chapter.
(F) Sidewalk maintenance.
(1) General. Sidewalks shall be maintained as to provide a safe and orderly flow of pedestrian traffic. The city may determine a sidewalk does not meet safety standards by reviewing them against:
(a) Location of sidewalk (i.e., downtown business district, residential area);
(b) Amount of pedestrian traffic;
(c) City resources for replacement or repair;
(d) City resources or appropriateness of temporary repair (i.e., cost of blacktop ramp);
(e) Deviations in elevation of one-half inches (13 mm) or greater;
(f) Missing section;
(g) Holes;
(h) Spalling; and
(i) Other conditions.
(2) Grading standards for sidewalks. The city may when determining or prioritizing replacement of sidewalks use the above items to establish a grading/prioritizing procedure. The grade of the sidewalk will determine the priority of replacement.
(3) Replacement. Replacement of sidewalks shall conform to KDOT Standard Specifications for Road and Bridge Construction, as well as the ADA Standards for Accessible Design.
(4) Deviations. Any deviation in construction material, i.e. decorative sidewalks, shall be reviewed by the city or its designee for compliance with the intent of this chapter. The city may, at its discretion, waive maintenance responsibilities should the proposed deviation result in more rapid degradation of the sidewalk.
(Ord. 40-2006, passed 10-17-2006; Ord. 02-2018, passed 2-20-2018)