Unless otherwise set forth and referenced in this chapter or by agreement by the city, the city has no maintenance responsibilities for private drives, private alleys and/or private easements platted within the corporate city limits.
(A) Streets.
(1) Dedication and acceptance of city streets shall comply with the provisions of the Hopkinsville Subdivision Regulations, the Hopkinsville Public Improvement Specifications, and this chapter.
(2) The city may, in cases where a private drive has been opened to unrestricted use of the general public for five years, dedicate and accept the drive into public maintenance without formal dedication or record dedication plat. When a request is made to accept a drive for maintenance, the following procedures apply.
(a) A written request shall be submitted to the Planning Commission and shall state the use and purpose to base maintenance responsibilities. The request shall also state any other information regarding past use or history of the drive(s).
(b) The location of the drive(s) will be placed on a map showing adjoining property owners.
(c) The Planning Commission will determine the history of the drive(s) as it pertains to:
1. Past use;
2. Public purpose;
3. Utility use;
4. Drainage use;
5. Future use or need; and/or
6. Any other information.
(d) The information will be forwarded to the city with a recommendation regarding the disposition of the drive(s) and whether the city should assume maintenance. The recommendation will be based on findings that:
1. The acceptance of the drive(s) fulfills a public purpose; or
2. The city has maintained the drive(s) in the past.
(e) The city can either accept the recommendation or adopt its own determination.
(f) Adoption of a recommendation by Hopkinsville City Council shall authorize the appropriate department or agency to take the necessary action.
(g) The City of Hopkinsville Street Maintenance Map (Map No. M-1, attached) and Database shall be amended to include the drive(s) and the degree of maintenance authorized, if any. The City of Hopkinsville Street Maintenance Map and Database shall be maintained and updated by the Planning Commission.
(h) The accepted drive(s) shall be appropriately identified by a green-colored street sign. Private alleys/drives shall utilize blue-colored street signs for identification.
(B) Alleys.
(1) Maintenance. Where a public purpose exists and/or a demonstration of past maintenance work performed by city employees, the city will assume maintenance responsibilities for the alley to a level or degree of maintenance which satisfies the public purpose or to the level of past maintenance activities.
(2) Utilities. In situations where a public utility has utilized an alley for the construction or routing of a utility service, the public utility is responsible to maintain the alley to the degree necessary to service or access the utilities in question. The city will not be responsible for maintaining the alley unless there is evidence of past city maintenance or a public purpose. In circumstances where there are dual or multiple uses of an alley, each perspective entity (e.g. city and/or a public utility) will maintain the alley to the degree or level needed to meet its uses or needs.
(3) Procedure. When a request is made to accept an alley for maintenance, the following procedures apply.
(a) A written request shall be submitted to the Planning Commission and shall state the use and purpose to base maintenance responsibilities. The request shall also state any other information regarding past use or history of the alley(s).
(b) The location of the alley will be placed on a map showing adjoining property owners.
(c) The Planning Commission will determine the history of the alley as it pertains to:
1. Past use;
2. Public purpose;
3. Utility use;
4. Drainage use;
5. Future use or need; and/or
6. Any other information.
(d) The information will be forwarded to the city with a recommendation regarding the disposition of the alley and whether the city should assume maintenance. The recommendation will be based on findings that:
1. The acceptance of the alley fulfills a public purpose; or
2. The city has maintained the alley in the past.
(e) The city can either accept the recommendation or adopt its own determination.
(f) Adoption of a recommendation by Hopkinsville City Council shall authorize the appropriate department or agency to take the necessary action.
(g) The list of alleys found in this ordinance shall be amended to include the alley and the degree of maintenance authorized, if any.
(4) Maintained alleys.
(a) The list below is a list of alleys currently maintained by the city. The list shall be used in conjunction with the City Maintained Alleys Map (Map No. M-2, attached). The City Maintained Alleys Map and Database shall be maintained and updated by the Planning Commission.
1. 20th Street Alley;
2. King-Durrett Street Alley;
3. East 13th Street Alley;
4. South Vine Street Alley;
5. Bentley Street Alley;
6. Hipkins-Young Street Alley;
7. Kirby Lane;
8. Long Alley; and
9. St. Michaels Way.
(5) Alley acceptance and closing procedures.
(a) The city shall not be responsible for any cost associated with an acceptance or alley closing. The proponents and/or applicant(s) shall be responsible to pay any cost incurred by the city to accept or close an alley.
(b) The proponents and/or applicants shall indemnify and hold harmless the city, the Planning Commission and their elected or appointed officials, agents or employees of any damages which occur as a result of the alley closing.
(Ord. 40-2006, passed 10-17-2006)