§ 94.05 NUISANCES RELATED TO TOWN STREETS AND SIDEWALKS DEFINED; ENFORCEMENT AND ABATEMENT PROCEDURES.

   (A)   The following conditions within the town are hereby declared nuisances:

      (1)   Putting, throwing, dumping, leaving or depositing or causing to be put, thrown, dumped, left or deposited any paper, boxes, tin cans, brush, brick, wood, glass, dirt, sand, gravel, grass, leaves or debris or rubbish of any kind or character, in or upon or within the limits of any street, alley, sidewalk, thoroughfare or public way in the town.

      (2)   The growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet, over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property lie of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.

   (B)   (1)   Any person who creates, maintains or permits any nuisance of the type described by division (A)(1) above shall be ordered to abate that nuisance in the manner prescribed for the abatement of Class A nuisances, as provided by § 92.25 and upon refusal or failure to do so shall be subject to the same penalties and further liabilities as prescribed by § 92.99.

      (2)   Any person who creates, maintains or permits any nuisance of the type described by division (A)(2) shall be ordered to abate that nuisance in the manner and in accordance with the procedures appurtenant to the abatement of Class B nuisances as provided by § 92.26 and, upon refusal or failure to do so, shall be subject to the same further procedures for enforcement and/or penalties as prescribed by § 92.27 and 92.99.

   (C)   For the purposes of this section, it shall not be essential that the nuisance be created or contributed to by the owner or tenants or their agents or representatives, but merely that the nuisance be enacted or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is not responsible but for which conduct the owner or operator ought to have become aware, by the exercise of reasonable care.

   (D)   For the purpose of carrying the provisions of this section into effect it is hereby made the duty of all officers and employees of the town to report the existence of nuisances to the Town Council or the Town Marshal, and for this purpose the Town Marshal, or other employees designated by the Council, shall be permitted to visit, enter into or upon any building, lot, grounds or premises, within the limits of this town to ascertain and discover any such nuisances and to make examination thereof.

('85 Code, § 8-10-4) (Ord. 1966-C-1, passed 7-26-66; Am. Ord. 1985-C22, passed 9-16-85)

§ 94.06 UNDERGROUND AND BURIED UTILITY DISTRICT.

   (A)   The town hereby establishes an underground and buried utilities district (“area”) to be in effect and to apply throughout the town’s ROW, and is hereinafter defined as follows:

      (1)   In all areas of the town where no overhead or above ground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication or similar and associated services currently exist;

      (2)   In all areas of the town where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including but not limited to electric, communication or similar and associated services; and

      (3)   All other areas of ROW or proposed ROW throughout the town, whether or not above ground utilities or utility facilities currently exist.

      (4)   Notwithstanding divisions (A)(1) through (A)(3) above, any utility that requires construction, placement, or use of a small cell facility in an area designated strictly for underground or buried utilities, may submit an application to the Works Board requesting a waiver to install new utility poles or new wireless support structures within the area.

   (B)   From and after the effective date of this section, no person, corporation, or utility shall erect or construct within the town’s ROW, any pole, overhead line, or associated overhead structure used or useful in supplying electric, communication or similar associated services.

   (C)   Unless otherwise expressly authorized by the Works Board, all utilities located within the town’s ROW shall be placed underground and/or buried.

   (D)   All existing overhead poles, wires, and/or utility transmission lines may remain within the town’s ROW, but may not be replaced or relocated without prior written authorization of the Works Board.

(Ord. 2017-6, passed 4-28-17)

§ 94.99 PENALTY.

   Any person who violates any provision of this chapter for which no other penalty is set forth shall be liable to a fine not exceeding $2,500 for each day a violation continues.

APPENDIX: MINIMUM STANDARDS FOR ROADS AND STREETS

   A.   Minimum standards for roads and streets

   B.   Concrete roll curb and gutter

   C.   Typical roll curb detail with reversed slope gutter

   D.   Valley gutter detail

   E.   Combined concrete curb and gutter (type II)

   F.   Typical combined curb and gutter with reversed slope gutter

   G.   Hamilton County Highway standard cross-section collector street without curb

   H.   Pipe underdrain

   I.   Typical subdivision regulatory signs

   J.   Subdivision street name signs

   K.   Subdivision sign placement

   L.   End or road markers

   M.   Detail for cut road patching

   N.   Typical utility locations on a local road

   O.   Typical utility locations on a collector road

   P.   Typical utility locations and local road crossing detail

   Q.   Typical SSD lateral to individual lots along streets

   R.   Typical SSD lateral to individual lots in rear yard

A. MINIMUM STANDARDS FOR ROADS AND STREETS.

Item	CLASS OF ROAD OR STREET
	Local	Collector or Commercial	Primary & Secondary Arterial
Cul-de-sac maximum length (1)	600'	600'	n.a.
Cul-de-sac curb radius	50'	50'	n.a.
Maximum grade	7% 2	5%	5%
Minimum grade (6)	0.50%	0.50%	0.50%
Design speed - mph	25	40	55
Horizontal curve radius	150'	200'	300'
Tangent between reverse curves	50'	200'	200'
Intersection angle - degree	60	75	75
Intersection offset	150'	200'	200'
Curb return radius	20'	30'	35'
Sight distance	250'	650'	900'
AASHTO design values:
Reliability	70–80	80–90	90–95
Standard overall deviation
Concrete	0.35	0.35	0.35
Flexible	0.45	0.45	0.45
PSI loss due to traffic
Concrete	2.2	1.7–2.2	1.7
Flexible	2.2	1.7–2.2	1.7
Minimum pavement thickness on prepared subgrades:
		(Min.)	(Min.)
H.A. Surface	1-1/2"	Designed (1")	Designed (1-1/2")
H.A. Binder	4"	Designed (4") 3	Designed (5") 4
Stone Base	9" (5)	Designed (12")	Designed (14")
or
H.A. Surface	1"	Designed (1")	Designed (1")
H.A. Binder	2"	Designed (3")	Designed (2")
H.A. Base	7"	Designed (8") 3	Designed (10") 4
or
Plain Concrete (7)	6"	Designed (8") 3	Designed (10") 4
Stone Base    on Lime Injected sub-base	6"	Designed (6")	Designed (6")

 

 

Notes: 1.   Cul-de-sac length measured from center of through-street to center of cul-de-sac. 2.   Subject to AASHTO Standards relating to intersection proximity. 3.   Add 1" HAC binder or base or concrete for truck traffic > 10% of ADT. 4.   Add 2" HAC binder or base or concrete for truck traffic > 10% of ADT. 5.   Shall consist of 9" of #53 stone or a combination of 5" of #2 stone and 4" of #53 stone. 6.   This minimum grade requirement shall apply to the curbline of cul-de-sacs and other special pavement considerations. 7.   Concrete pavements utilizing a subbase material having an AASHTO Soil Classification of A-2-6, A-2-7, A-4, A-5, A-6, A-7-5 OR A-7-6 shall have a base course of 4" of #8 stone.

 

B. CONCRETE ROLL CURB AND GUTTER.

C. TYPICAL ROLL CURB DETAIL WITH REVERSED SLOPE GUTTER.