Sec. 70-101 Obstructions prohibited; exception.
Sec. 70-102 Storage on public property.
Sec. 70-103 Duty to remove snow and ice from
sidewalks; penalty.
Article II. Vacation of Public Rights-of-Way,
Etc.
Sec. 70-201 Requirements.
Sec. 70-301 Permit-Required; exception.
Sec. 70-302 Same-Application; bond.
Sec. 70-303 Same-Issuance.
Sec. 70-304 Warning signs and barricades.
Sec. 70-305 Penalty for violation of article.
Sec. 70-401 Definitions.
Sec. 70-402 Compliance required for occupancy.
Sec. 70-403 Applicability.
Sec. 70-404 Permits and fees.
Sec. 70-405 Standards for driveways onto public
streets.
Sec. 70-406 Penalty for violation of article.
Cross references-Alcoholic beverages, Ch. 4;
consumption of alcoholic liquor in public places prohibited, § 4-206;
consumption of cereal malt beverages in public prohibited, § 4-313; animals
prohibited from running at large, § 3-309; screening requirements for junkyards,
§ 26-54; environment, Ch. 10; litter, § 10-501 et seq.; specific street
regulations, § 13-200 et seq.; parking regulations, § 13-301 et seq.
State law reference-Streets and alleys, 12-601
et seq.
ARTICLE I. IN GENERAL
Sec. 70-101 Obstructions prohibited; exception.
It is unlawful for any
person to obstruct, excavate or otherwise impair any street, alley, sidewalk,
public right-of-way or railroad crossing by placing thereon any object,
material or vehicle, or excavating, so as to prevent or interrupt traffic
thereon, unless such obstruction is allowed by permit of the City.
REVISED: (Ord. No. 2964-91, 01-08-91)
Sec. 70-102 Storage on public property.
It is unlawful for any
person to place, leave or store or cause to be placed, left or stored any
implements, automobiles or vehicles, tools, boxes, merchandise, goods, trash,
crates or junk upon public property, except for the purpose of loading or
unloading the same.
REVISED: (Ord. No. 2964-91,01-08-91)
Cross references-Businesses, Ch. 11; junked,
wrecked or abandoned property, § 10-201 ET seq.
Sec. 70-103 Duty to remove snow and ice from
sidewalks; penalty.
It is hereby made the duty of the owner, agent or occupant of any lots
abutting upon any sidewalks to cause to be removed from such sidewalks all snow
and ice within five (5) hours adjacent to non-residential properties and within
(24) hours adjacent to residential properties from the time such snow has
fallen or ice has accumulated; provided, that if the snow falls or ice
accumulates upon such sidewalks in the nighttime, removal of such snow or ice
must be made within prescribed hours of daylight the following day. A violation of this Section shall be punished
by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred
fifty dollars ($250.00).
REVISED: (Ord. No. 3610-06, 12-20-06)
(Code 1982) Changed: 3/28/07
Sec.
70-201 Requirements.
For regulations dealing with the vacation of
public rights-of-way, easements, dedicated building setback lines, alleys,
subdivisions, see Article 12 of the Subdivision Regulations for the City of
Ottawa.
REVISED: (Ord. No. 3043-92, 10-21-92; Ord. No. 3319-99,
7-21-99; Ord. No. 3439-03, 4-2-03; Ord.
No. 3793-11)
ARTICLE III.
EXCAVATIONS
Sec. 70-301 Permit-Required;
exception.
It is unlawful for any person to cut pavements or
excavate in a street, alley or public thoroughfare within the City without a
permit issued by the Director of the Department of Public Works. This Section shall not apply to employees of
the City or to work performed under a public improvement contract with the
City, but shall apply to work performed by public utilities and private
contractors.
REVISED: (Ord. No. 2964-91, 01-08-91)
Sec. 70-302 Same-Application;
bond.
A. A
person finding it necessary to cut any sidewalk or pavement or excavating in
any street, alley or public property shall first file an application for permit
and performance bond with the Director of the Department of Public Works. The permit must be granted prior to any
excavation or work being performed on the streets, alleys, public thoroughfares
or public rights-of-way. The application
shall set out, at a minimum, the following:
1. The location of the proposed cut or
excavation.
2. The purpose of the proposed work.
3. The estimated time required to
complete the work.
4. The dates the work is to be
performed.
5. A description of the placement of
any warning barricades or lights to warn of a dangerous condition.
6. A description of the work to be
performed in sufficient detail to allow for inspection by the Director of
Public Works or his designee.
A.
A bond shall be required by the
Department of Public Works, on a form approved by the City Attorney,
guaranteeing performance of any work that is permitted by the Director of the
Department of Public Works. The Director
of Public Works shall set a bond amount equal to one hundred twenty-five (125)
percent of the Director of Public Work’s estimate of the cost of repairing any
damage to the pavement, street or public thoroughfare. The bond shall be conditioned that the
applicant will properly barricade and protect the cut or excavation, and the
applicant will indemnify and save harmless the City from any and all loss, damage
and expense, including attorney’s fees, arising out of the applicant’s
work. The bond shall be further
conditioned that the applicant will pay the City the cost of refilling and
repairing the pavement if the refilling and repairing is not properly done by
the applicant. The Director of Public
Works may waive the requirement for a bond or permit or both if the Director
believes the City’s best interests are adequately protected.
REVISED: (Ord. No. 2964-91, 01-08-91)
Cross reference-Grading
and excavation, § 6-801 et seq.
State law reference-Barricades, K.S.A. 68-2101 et seq.
Sec. 70-303 Same-Issuance.
Upon the filing of the application and approval of the
bond in accordance with Section 70-302, the Director of Public Works shall
issue a permit to the applicant to proceed with the work.
REVISED: (Ord. No. 2964-91, 01-08-91)
Sec. 70-304 Warning
signs and barricades.
Every person who cuts any pavement or makes any
excavation or obstruction of any of the public thoroughfares or public grounds
within the City or so near as to such public thoroughfares and public grounds
as to be dangerous to those traveling upon such streets and grounds shall
establish and maintain warning signs and barricades about such cuttings or
excavations or obstructions to warn the public and prevent users of the
sidewalks and public thoroughfares from being damaged. During the nighttime such persons shall, in
addition to such barricades, maintain a sufficient number of yellow lights and/or
torches to effectively warn the users of the sidewalks and public thoroughfares
of the existence of a dangerous condition.
REVISED: (Ord. No. 2964-91, 01-08-91)
Sec. 70-305 Penalty for violation of article.
In addition to any civil remedy, including
compensatory damages and injunctive relief, violation of this article is
punishable by a fine of up to five hundred dollars ($500.00) per day for each
violation.
REVISED: (Ord. No. 2964-91, 01-08-91)
ARTICLE IV.
DRIVEWAYS
Sec. 70-401 Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this Section, except
where the context clearly indicates a different meaning:
Administrative officer- means the Public Works Director or authorized
representative.
Apron- means
that part of the driveway entrance and any radius, or taper immediately
adjacent to curb and gutter (or pavement edge), and extending away from the
street.
Certification- means
a signed, written statement by the administrative officer that specific
construction, inspections or tests, where required, have been performed and
that such construction, inspections or tests comply with requirements of this
article, and with any regulations adopted pursuant thereto.
City connecting link- means a route inside the city limits which:
A. Connects a state highway through the
City.
B. Connects a state highway to a City
connecting link of another state highway.
C. Is a state highway terminating
within the City.
Driveway- means
any access point from private property onto public right-of-way intended for
vehicular use.
KDOT- means
the State Department of Transportation.
Radius or taper- means the improved surface outside of the width of the driveway,
normally triangular in shape and immediately adjacent to the street, designed
to accommodate turning movements into and out of a driveway.
Right-of-way- means
land, usually in a strip, which is dedicated to public ownership for street or
highway transportation purposes.
State highway- means
any state or federal highway which is part of the official state highway system
of the State. KDOT approval is required
for any driveway access or other modification along these routes.
Traffic control devices- means all signs, signals and pavements markings placed
by or erected by the authority of the City or KDOT for the purpose of
regulating, warning or guiding traffic.
Width or wide- means
the measurement from one side of the driveway to the other, taken perpendicular
to the centerline of said driveway, and exclusive of any radius/taper.
REVISED: (Ord. No. 3060-93, 04-07-93)
Cross reference-Definitions
and rules of construction generally, § 1-101; 1-102.
Sec. 70-402 Compliance
required for occupancy.
No certificate of occupancy for any building shall be
issued unless the applicant for the certificate of occupancy shall have
substantially complied with the requirements of this article.
REVISED: (Ord. No. 3060-93, 04-07-93)
Sec. 70-403 Applicability.
Nothing contained in this article shall be construed
as exempting from regulation any driveway construction that may be otherwise
regulated or permitted as set forth elsewhere in City Codes or any subdivision
covenants and restrictions.
REVISED: (Ord. No. 3060-93, 04-07-93)
Sec. 70-404 Permits
and fees.
A. No person shall construct,
relocate or remove a driveway unless he/she is in possession of a valid
driveway permit issued by the administrative officer as provided for in this
article.
B. A separate application and permit is
required for each driveway constructed, relocated or removed. The permit application shall include:
1. Name, address and telephone number
of owner, developer, contractor and applicant.
2. Address of property where driveway
is to be installed.
3. Plot/site plan in an easily read
scale, never smaller than one (1) inch equals sixteen (16) feet, showing, as a
minimum:
a. Adjacent streets.
b. Property lines and dimensions.
c. Property corners adjacent to
rights-of-way.
d. Existing and proposed site
drainage.
e. Footprints of existing and proposed
buildings.
f. Existing and proposed parking
facilities.
g. Existing and proposed sidewalks.
h. Existing and proposed utilities.
i. Proposed traffic control, if
applicable.
C. At the time of
filing an application for a driveway permit, a nonrefundable plan checking fee
of ten dollars ($10.00) shall be paid to the City.
D. Any driveway access
to City Connecting Links also requires a permit processed and issued by
KDOT. The KDOT permit application must
be approved by the City and can be initiated with the administrative officer.
E.
In the absence of other established
procedures, KDOT approval must be obtained prior to application for a permit
from the City.
F. Plans requiring City approval prior
to review and/or approval by a State agency shall be submitted according to
requirements of the State and this article.
G. Plans approved by the State and
submitted to the City for review shall reflect any changes or corrections
required by KDOT.
REVISED: (Ord. No. 3060-93, 04-07-93)
Sec. 70-405 Standards
for driveways onto public streets.
The administrative officer shall have available
typical construction drawings that illustrate examples of the specifications
stated within this article. In the event
of conflict between those drawings and this article, this article shall
prevail.
A. Design, construction and maintenance
of any driveway entrances and related improvements within the right-of-way
shall be the responsibility of the property owner. Such maintenance includes removal and/or
clearance of windows of snow, ice or sleet that may be deposited by State,
County or City crews or their contractors engaged in winter maintenance
operations.
B. Driveways shall be
constructed so that they do not adversely affect drainage onto streets and
highways, or onto adjacent properties.
In no case shall a driveway cause water to flow across the highway
pavement, to pond at the roadway shoulder, or to cause erosion within the
right-of-way.
C. Drainage collected by ditches,
gutters or pipes, including sump pumps, on private property shall not be
discharged directly into the street/highway drainage system unless expressly
approved by the administrative officer through this permit procedure.
D. Minimum standards for apron
construction, including concrete curb and gutter, are as follows:
1. After all excavation is completed
and required forms and reinforcing steel are in place, and prior to any
concrete pour, the administrative officer or his designee shall inspect the job
for compliance with standards established in this article.
2. The entire existing concrete curb
and gutter section shall be removed with an appropriate concrete saw at right
angles. Removal of only the raised
portion of the curb is not authorized.
3. That part of driveway entrances
within the public right-of-way constituting the driveway apron and a
continuation of existing concrete curb and gutter shall be a monolithic pour
constructed to a minimum standards of Class A-AE 4000 p.s.i. concrete with a
thickness of six (6) inches, and reinforced with 12x6-W4.0xW4.0 welded wire
fabric.
4. New construction shall match and be
structurally tied into the existing curb and gutter, maintaining the originally
designed drainage flow line.
5. At each joint created where the
curb and gutter has been cut and removed, a fiber (bituminous) expansion joint
no less than 0.5 inch thick shall be installed.
6. The concrete apron shall extend
away from the street to a point as high as the back of existing curbs to
provide appropriate capacity for storm runoff.
Any curbing along the radius/taper shall be extended in such a manner as
to maintain flow within the structure.
7. The entire apron, including
radius/taper, shall fall on the permit holder’s side of the extended side
property line.
8. A fiber (bituminous) expansion joint
one (1) inch thick must be installed within the apron and behind the curb at a
point no further than five (5) feet from the existing back of curb.
9. Driveways constructed where there
is no concrete curb and gutter shall match the existing roadway in such a
manner as to cause surface drainage to flow immediately to a ditch adjacent to
the driveway.
E. Changes in driveway slope within the
right-of-way should be no greater than a twelve (12) percent increase or an
eight (8) percent decrease in order to prevent difficulty with vehicular ground
clearance.
F. Sidewalks
approaching driveways within the public right-of-way shall have slopes no
greater than one (1) unit of rise to twelve (12) units of run (12:1 slope) in
order to accommodate persons with disabilities.
G. Sidewalks within driveways in the
public right-of-way shall be constructed to a minimum standard of Class A-AE
4000 p.s.i. Concrete with a thickness of six (6) inches, reinforced with
12x6-W4.0xW4.0 welded wire fabric.
H. Sidewalks must be separated from the
back of the curb and gutter by nothing less than a one (1) inch thick fiber
(bituminous) expansion joint.
I.
That portion of any driveway within the
public right-of-way should be constructed perpendicular to the centerline of
the adjacent street.
J. Each property shall be allowed at
least one (1) driveway.
K. Commercial and industrial properties
may have more than one (1) driveway, as long as the sum of widths of all
driveways does not exceed twenty-five (25) percent of the length of the property
line abutting the street right-of-way.
L. The following shall govern
construction of driveways:
1. Residential driveways shall:
a. Be no less than twelve (12) feet
and no more than thirty-two (32) feet in cumulative width for single-family
residences. There may be more than one
(1) curb cut for a residential driveway access, such as in a circular
drive. However, such installations must
fall within the limitations of the maximum cumulative width.
b.
Be no less than twenty-four (24) feet
and no more than forty-four (44) feet in cumulative width for multi-family
residences.
c. Have a maximum allowable
radius/taper of five (5) feet.
2. Commercial driveways shall:
a. Be
no less than twenty-four (24) feet and no more than forty (40) feet wide,
except that an approach up to fifty-two (52) feet wide may be authorized when a
median no less than four (4) feet wide is installed to separate entrance and
exit lanes.
b. Be no less than sixteen (16) feet
wide for one-way approaches.
c. Have a minimum turning radius of
fifteen (15) feet.
d. Have a minimum allowable
radius/taper of fifteen (15) feet in the apron.
e. Not be designed such that backing
vehicles onto the street or highway is necessary. Sufficient turnaround space must be provided.
3. Industrial driveways shall:
a. Be
no less than twenty-four (24) feet and no more than sixty (60) feet wide for
two-way approaches.
b. Be no less than sixteen (16) feet
wide for one-way approaches.
c. Have a minimum turning radius of
fifteen (15) feet.
d. Have a minimum allowable
radius/taper of twenty-five (25) feet in the apron.
e.
Not be designed
such that backing vehicles onto the street or highway is necessary. Sufficient turnaround space must be provided.
REVISED: (Ord. No. 3579-06, 06-07-06)
Changed 7/28/06
M. When
driveway approaches are located on properties at a street intersection, such
driveway approaches shall be no closer than fifty (50) feet to the property
corner at the intersection, as those points may be extended to the curb or
pavement edge.
N. The
minimum length of safety islands shall be twenty-four (24) feet between
driveway entrances, measured at property lines.
O. Landscaping is
permissible within the right-of-way.
Shrubs are to be maintained at a maximum height of thirty (30) inches
and trees are to be trimmed so that sight distance is not restricted. Property owners or residents adjacent to the
right-of-way are responsible for all grounds maintenance activities within the
right-of-way, including, but not limited to, tree, lawn and garden care.
REVISED: (Ord. No. 3060-93, 04-07-93)
Sec. 70-406 Penalty
for violation of article.
Any person who violates a provision of this article
shall upon conviction be subject to a fine of up to five hundred dollars
($500.00). Each day that any such violation exists shall constitute a separate
violation and may be punishable as a separate offense.
REVISED: (Ord.
No. 3060-93, 04-07-93)