CHAPTER 151: STREETS AND SIDEWALKS
Section
Streets
   151.001   Definitions
   151.002   General regulations
   151.003   Specific regulations; construction, improvement, and acceptance of streets
Sidewalks
   151.015   “Block” defined
   151.016   Sidewalk and driveway dimensions
   151.017   Curb dimensions
   151.018   Pattern
   151.019   Fall and thickness
   151.020   Blocks and expansion joints
   151.021   Water meter box
   151.022   Material
   151.023   Curing
   151.024   Installation as part of street improvement project
   151.025   Initiation and notice of construction proceedings, hearing
   151.026   Construction of sidewalks; alternate procedures
   151.027   Notice of construction, hearing
   151.028   Costs and assessments
   151.029   Prohibition of construction
   151.030   Permit to construct, reconstruct, or repair required
   151.031   Application
   151.032   Compliance with
   151.033   Inspection
   151.034   Resolution and notice to owners to construct or repair
   151.035   Procedure when owner refuses to construct or repair
   151.036   Requirements for new construction abutting streets
   151.037   Construction plans to show sidewalks
   151.038   Liability for damages when owner fails to construct or repair
   151.039   Filling of space between sidewalks and curb
   151.040   Duty of property owners to keep walks safe, clean, and the like
   151.041   Deposit of water, oil, and the like from filling stations
   151.042   Display of goods
   151.043   Open gratings and the like prohibited
   151.044   Compliance with chapter
Sidewalk, Curb, Street, and Storm Drainage System Requirements
   151.055   Definition
   151.056   Compliance required generally
   151.057   Exemptions
   151.058   Site inspection; building permit requirements
   151.059   Agreements to install; security
   151.060   Waiver or deferral of required street curb, sidewalk, and storm drainage system improvements
   151.061   Construction; passage of resolution
Vacation of Street, Public Place, or Plat
   151.075   Vacation; petition; consent of property owners
   151.076   Filing of petition; notice
   151.077   Preliminary consideration of petition
   151.078   Hearing; determination
   151.079   Vacation on Council’s own motion; appeal
   151.080   Title to vacated areas
   151.081   Vacations for purposes of rededication
   151.082   Bond or cash deposit
   151.083   Consent to vacation for city as owner
Public Improvements
   151.095   Sidewalk improvements governed
   151.096   Initiation
   151.097   Survey of property owners
   151.098   Initial Council action
   151.099   General obligation warrants
   151.100   Resolution and notice of hearing
   151.101   Manner of doing work
   151.102   Hearings
   151.103   Call for bids
   151.104   Notice of proposed assessment
   151.105   Method of assessment and alternative methods of financing
   151.106   Notice of assessment
   151.107   Liens, lien records, and interest
   151.108   Foreclosure proceedings
   151.109   Errors in assessment calculations
   151.110   Deficit assessment
   151.111   Rebates
   151.112   Abandonment of proceedings
   151.113   Curative provisions
   151.114   Reassessment
 
   151.999   Penalty
STREETS
§ 151.001 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DEVELOPER. Any individual, firm, or group who undertakes the development of an area of land.
   DEVELOPMENT. Applying for a building permit, making a physical change in the use or appearance of land, dividing land into two or more parcels (including partitions and subdivisions), or creating or changing a street or private road.
   PRIVATE ROAD. A private way solely for the benefit of access to a lot, tract, or parcel which does not abut a public street.
   RESERVE BLOCK. A strip of land, usually one foot in width, reserved across the end of a street or alley and terminating at the boundary of a subdivision, or a strip of land between a dedicated street of less than full width and adjacent acreage, in either case, reserved or held for future street extension or widening.
   STREETS. A right-of-way which provides access to adjacent properties for vehicular, pedestrian, public utilities, and other such uses. The term STREET shall include such designations as highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, court, place, or other such terms. A right-of-way 20 feet or less in width shall not be recognized as a STREET. STREETS within the city shall fall under the following classifications.
      (1)   ARTERIAL. A thoroughfare or arterial of considerable length primarily for intercommunication between large areas and with a roadway designed to handle a large volume of traffic.
      (2)   COLLECTOR. A street accumulating traffic from residential streets and routing it to an arterial street.
      (3) CUL-DE-SAC. A short (as hereinafter designated), dead end street with vehicular turn around at the present dead end.
      (4)   RESIDENTIAL STREET. A street used exclusively for access to abutting properties.
(Ord. 352, passed 6-8-1992)
§ 151.002 GENERAL REGULATIONS.
   (A)   Street widths. When an area is set aside for commercial uses or where probable future conditions warrant, the Council may require dedication of streets to a greater width than herein otherwise provided.
      (1)   (a)   All new street rights-of-way shall have the following minimum width, except a street may be half such width where it is apparent that the other half will be dedicated from adjacent properties.
 
New Streets
Width of Right-of-Way
Curb to Curb Dist.
Required Width of Sidewalks
Arterial
60 ft.
40 ft.
4 ft.
Collector
60 ft.
40 ft.
4 ft.
Commercial zones
60 ft.
40 ft.
6 ft.
Cul-de-sac
50 ft.
34 ft.
4 ft.
Residential
60 ft.
34 ft.
4 ft.
Turn arounds
45 ft. radius
38 ft.
4 ft.
 
         (b)   Sidewalks shall be located one foot from the right-of-way, or as designated above, except curb sidewalks. Sidewalk width does not include curb width.
      (2)   Existing streets with the indicated right-of-way widths shall have the following standards:
Existing Streets
Width of Right-of-Way
Curb to Curb Dist.
Required Width of Sidewalks
Existing Streets
Width of Right-of-Way
Curb to Curb Dist.
Required Width of Sidewalks
Arterial (Center St.) (W. Starr)
60 ft.
40 ft.
4 ft.
Commercial zones
60 ft.
40 ft.
6 ft.
Collector
60 ft.
40 ft.
4 ft.
50 ft.
34 ft.
4 ft.
40 ft.
34 ft.
4 ft.
Commercial zones
60 ft.
40 ft.
6 ft.
Cul-de-sac
50 ft.
34 ft.
4 ft.
Residential
60 ft.
34 ft.
4 ft.
50 ft.
34 ft.
4 ft.
40 ft.
30 ft.
4 ft.
30 ft. and under
26 ft.
None required
Turn arounds
45 ft. radius
38 ft.
4 ft.
 
   (B)   Private roads. Private roads shall have a minimum width of 30 feet.
   (C)   Streets and highways. Streets, private roads, or highways shall be in alignment with existing streets in the vicinity of the proposed development, either by prolongation of existing centerlines or by connection with suitable curves, shall conform to the location, alignment, and width as indicated on any official map of streets and highways or any ordinance now or hereafter adopted by the city, or by the county. Streets or private roads should intersect at or as near right angles as practicable. These regulations may be modified where the Council determines that the topography, or the small number of lots involved, or other unusual conditions, justify such modification.
   (D)   Dedication of a right-of-way. If a parcel of land to be developed includes a portion of a right-of-way, highway, or road, the location of which has been determined, the developer shall dedicate such right-of-way for the purpose of use proposed.
   (E)   Dead end streets. When it appears necessary to continue a street into a future development or adjacent acreage, streets shall be platted to the boundary of a development without a turn around. In all other cases, dead end streets shall have a turn around with a radius of not less than 45 feet to the property line.
   (F)   Radius at street intersections.
      (1)   The property line radius at street intersection has a designated right-of-way width of 80 feet or more shall be governed by the interior angle at the intersection and will be based on the square root of the interior angle formed at the intersection of the property lines which equals the radius in feet. The distance shall be increased to the next full foot above the figure established by said formula.
      (2)   The minimum angle of any intersection shall be 40 degrees.
   (G)   Street grades. No street or private road grade shall be in excess of 8% unless the Council finds that because of topographic conditions a steeper grade is necessary.
   (H)   Reserve block. Reserve blocks controlling the access to public ways or which will not prove taxable for special improvements may be required by the Council but will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, or both, and in no case unless the land comprising such strips is placed in the name of the city for disposal or dedication for street or road purposes whenever such disposal or dedication has the approval of the Council or such other commission as may have jurisdiction. In no case shall a reserve block be platted along a street that is dedicated to the required full width.
   (I)   Additional right-of-way widths. Where topographical requirements necessitate either cuts or fills for the proper grading of the streets or private roads, additional right-of-way width may be required to allow all cut and fill slopes to be within the right-of-way.
   (J)   Street improvements. All street and private road improvements, including pavement, curbs, sidewalks, and surface drainage shall conform to the ordinances of the city and be in accord with the specifications and standards on file in the City Hall, or, if a county road or outside the city limits, the specifications and standards in the office of the County Engineer.
   (K)   Consideration for variance. Consideration for a variance from these regulations shall be based upon a written statement by the developer in which is given complete details of conditions and reasons why a specific variance should be granted. A request for a variance from these regulations shall be filed with the Planning Commission.
(Ord. 352, passed 6-8-1992)
§ 151.003 SPECIFIC REGULATIONS; CONSTRUCTION, IMPROVEMENT AND ACCEPTANCE OF STREETS.
   (A)   No new street shall be accepted by the city for maintenance purposes until such street is brought up to the standards required in this subchapter. New streets shall include all property deeded or dedicated to the city and intended for street use, and all dedicated or existing streets within the city which have not been brought to the standards of this subchapter. Any future streets dedicated or deeded to the city shall be in accordance with § 151.002 unless specified differently by the City Council.
   (B)   No private access road will be accepted by the city for maintenance purposes and said road shall be maintained by its owner. All private access roads will require prior approval and satisfactory review by the Council of the following criteria:
      (1)   Clearing, grading to proper grade to required right-of-way width and surfacing;
      (2)   Storm drainage culverts or restrictive culverts;
      (3)   Base materials for roadways, in place and leveling course in place;
      (4)   Ongoing maintenance and repair responsibilities;
      (5)   Landscaping, including fencing, hedges, screening;
      (6)   Traffic pattern, including sufficient access and turn around space for public and everyday vehicles; and
      (7)   Utility easements necessary, installation of underground utilities including sanitary sewer, water mains and service lines, gas, underground electric, and telephone lines.
   (C)   All streets within the city shall include the following to be provided at the expense of the abutting property owners:
      (1)   Clearing, grading to proper grade to full right-of-way limits and surfacing from curb to curb;
      (2)   Storm drainage facilities both within and outside of right-of-way limits;
      (3)   Base materials for roadways, in place and leveling course in place;
      (4)   Concrete curb and gutter, and also portland cement concrete sidewalks, the location and width whereof shall conform to the provisions of the ordinances of the city; and
      (5)   Installation of underground utilities including sanitary sewer, water mains and service lines, gas, underground electric, and telephone lines.
   (D)   Before any street or private road improvement shall be made, the abutting owner or his or her representative shall notify the City Engineer or Street Superintendent, who shall supply, at city expense, the grade lines and specifications for the clearing and grading of the street and for the construction and installation of storm drainage. In the event such improvements are not commenced within six months the owner shall reimburse the city for such engineering expense.
   (E)   (1)   The base and leveling materials for residential streets or private roads shall consist of a minimum of six inches of base rock and two inches of leveling course or surfacing rock, provided the subbase is consolidated or compacted fill consisting of silty gravel or other suitable material.
      (2)   On those streets or private roads which, in the opinion of the City Engineer, do not have a sufficient sub-base, additional gravel may be required as specified by the City Engineer. The size and type of base leveling and fill materials shall be as specified by the City Engineer. The base and leveling materials shall cover the entire street or private road width from curb to curb, except as hereinafter provided.
   (F)   In the event that a single improvement is to be constructed on a new street, and the owner thereof also owns the property on the opposite side of the street, the owner shall improve the street or streets for the entire width of the street fronting the lot in accordance with this subchapter, such improvement to extend at least for the total frontage length of the lot. If the opposite side of the street is in different ownership, the street improvement shall extend not less than ten feet beyond the centerline of the street from the lot to be improved.
   (G)   No person shall construct or repair a street, private road, or storm drainage system without first obtaining a permit from the city. The application for the permit shall describe the location, width, length, and material proposed to be used and any such other information as the City Engineer may deem appropriate.
(Ord. 352, passed 6-8-1992)
SIDEWALKS
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