Chapter 12.04 STREET ALTERATION--PERMITS

C. "Driveway approach" means that portion of a driveway within the street right-of-way. The component parts of the driveway approach are the apron, and end slopes or the curb return, and the sidewalk section.

D. "Frontage" means that boundary of private property abutting the city right-of-way line.

E. "Person" means every natural person, firm, partnership, association or corporation.

F. "Street" means area between the boundaries of a public right-of-way.

G. "Driveway" means that portion of a vehicular access outside the street right-of-way. (Ord. 2786 §2, 1996)

12.04.020 Permit--Required.

No person, company or franchisee shall begin to construct, reconstruct, repair or alter any sidewalk, curb and gutter, curb cut, driveway approach, or public or private utility in the public right-of-way without first applying for and obtaining a permit from the city engineer’s office as provided by this chapter. All permitted work shall be subject to the provisions of this title. (Ord. 2786 §2, 1996)

12.04.030 Permit--Application.

An applicant for a permit shall file with the city engineer’s office an application on a form prescribed by the city, showing:

A. Name and address of the person doing the work;

B. Location of the property upon which or adjacent to which the construction is intended;

C. Attached plans showing details of the proposed alteration;

D. Such other information as the city engineer shall find reasonably necessary to determine whether a permit should be issued. (Ord. 2786 §2, 1996)

12.04.035 Posting of bonds or other security.

Prior to the construction of any public improvements the permittee shall post a bond, or other security acceptable to the city, for the completion of said improvements. Said bond shall remain in full force and effect until the completion of the one year warranty period for said improvements. (Ord. 2786 §2, 1996)

12.04.040 Permit--Fees.

A permit fee as determined in Ordinance 2361, set out in this code in "Fee Schedule", shall accompany the application and shall be paid for a permit for a sidewalk, curb and gutter, curb cut, driveway approach or utility installation or repair. (Ord. 2786 §2, 1996)

12.04.050 Permit--Standards for issuance of permit.

The city engineer shall issue a permit under this chapter when it is found that:

A. The plans for the proposed project accompanying the application have been approved by the city staff, to whom they shall be forwarded within a reasonable time after receipt thereof; and

B. The work shall be done according to the standard specifications of the city for work of like character. (Ord. 2786 §2, 1996)

12.04.060 Inspection by the city engineer.

All projects for which a permit is granted shall be inspected by the city engineer. After any permit is issued, the permittee shall notify the office of the city engineer of the start of any work and shall request inspections thereof twenty-four hours in advance of any concrete pours, paving, or trench backfilling. Upon receipt of a request for inspection the city engineer shall, within one work day, inspect the construction and materials used to insure compliance with the provisions of this chapter and the city’s standard specifications. No work shall be covered or concrete poured until inspection by and approval from the city engineer is obtained. Work which is completed without the benefit of inspection by the city engineer may be required to be removed or exposed prior to final approval. (Ord. 2786 §2, 1996)

12.04.070 Barriers placed at street alterations.

A. Whenever construction or repair work is commenced on any part of a city street, the contractor or person directly in charge of the work, with the consent of the city engineer, may close such street or part of a street to vehicular or pedestrian traffic, whenever the street by reason of such work is made dangerous for travel or whenever such closing is necessary to properly carry on the work, and such street or part of a street will remain closed during the progress of such work.

B. When a street or part of a street is so closed, the contractor or person directly in charge of the work shall construct and maintain at either end of the work area and at such other places as indicated in the "Manual of Uniform Traffic Control Devices", proper and suitable barriers, detour signs, warning lights, and other signs notifying the public of the work and that such street or part of a street is closed to traffic.

C. When a street is closed as provided in this section, it is unlawful for any person to break down, alter, or remove, or ride or drive over any barrier erected, as required, in this chapter, or to travel over such closed street or part of a street. Violations of this section shall be subject to penalties as set forth in Article III, Section 12.04.260 of this code.

D. Immediately upon completion of any construction or other work done in a street, the contractor or person directly in charge of the work shall clear away materials, litter and rubbish, and upon failure to do so, the city engineer may cause such cleanup work to be done, and the costs thereof shall be recovered from and paid by the contractor or other person in charge of the project. (Ord. 2786 §2, 1996)

12.04.080 Failure to comply by permittee.

In any case where a permittee shall be in default or shall fail to comply with the requirements of this chapter, the city engineer shall order the completion or correction of the work by the city and cost thereof shall be recovered from the permittee. (Ord. 2786 §2, 1996)

Article II. STANDARD SPECIFICATIONS FOR ALTERATION OF PUBLIC STREETS

12.04.090 General.

Any construction, reconstruction, repair or alteration of any improvement in the public right-of-way shall be made in accordance with the provisions of this chapter and with standard specifications of the city adopted by the council and filed in the office of the city engineer. (Ord. 2786 §2, 1996)

12.04.100 Curbs and gutters--Construction standards.

All curbs and gutters shall conform to the street grades, and shall be uniform as to material and dimensions. The distance from property lines along which curbs and gutters are constructed shall be uniform except that curbs and gutters shall be constructed to the established or official width of the roadway. (Ord. 2786 §2, 1996)

12.04.110 Curbs and gutters--Curb radius.

Unless permitted otherwise by the council, all curb corners shall have a uniform radius of at least ten feet. Regardless of location the minimum allowable curb radius shall be large enough to accommodate an ADA standard handicap ramp. If physical conditions make it impractical or if traffic conditions make it desirable, the council may provide a curb corner radius other than as required by this chapter. (Ord. 2786 §2, 1996)

12.04.120 Curbs and gutters--Duty of property owners to fill.

In areas with parkway strips between the curb and sidewalk, it shall be the duty of the abutting property owners to fill in with earth the space between the curb and sidewalk to a level grade with the curb and sidewalk. (Ord. 2786 §2, 1996)

12.04.130 Curb cuts--Necessity.

Curb cuts shall be limited to those necessary to provide ingress and egress to property; the length of the cut shall be determined according to the frontage of the property in accordance with the standards applicable to driveway approaches. (Ord. 2786 §2, 1996)

12.04.135 Permits issued.

Permits issued to construct or to widen, relocate or replace existing driveway approaches will require that the driveway be paved along its full length at least ten feet wide. Unless otherwise approved by the staff review committee. (Ord. 2786 §2, 1996)

12.04.140 Curb cuts--Condition of permit.

The permittee shall restore the curbing at the cut to a proper and smooth finish. Removal and restoration of the curb shall include removal and restoration of the gutter pan. (Ord. 2786 §2, 1996)

12.04.145 Handicap ramps.

Handicap ramps shall be provided at all intersection corners for streets and alleys. Ramps shall comply with the city standard specifications and ADA requirements. (Ord. 2786 §2, 1996)

12.04.150 Driveways--Prohibited locations.

A. No driveway approach shall be permitted to encompass any municipal facility. Under the permit provided for in this chapter, the applicant may be authorized to relocate any municipal facility, including any within the limits of a curb return, which may be encroached upon.

B. At intersections, no portion of a driveway approach including tapers shall be permitted within thirty feet of the crosswalk at the curbline. Additional distance from the intersection may be required if it is determined by the city engineer to be essential to public safety. (Ord. 2786 §2, 1996)

12.04.160 Driveways--Driveway approach dimensions.

The length of driveway approaches along the curbline shall not exceed the following dimensions:

MAXIMUM LENGTH
Frontage	One Driveway Approach	Two Driveway Approaches
(in feet)	(in feet)	(in feet)
Under 30	16	Not Permitted
30 to 60	20	Not Permitted
60 to 80	30	22
Over 80, but not	30	30
exceeding 100

(Ord. 2786 §2, 1996)

12.04.170 Driveways--Safety islands.

A safety island of not less than ten feet of full height curb shall be provided between driveway approaches under one ownership or, where physically possible, under separate ownership. On any frontage in excess of one hundred feet, each one hundred feet or fraction of frontage shall be considered under separate ownership for the purposes of this section. (Ord. 2786 §2, 1996)

12.04.180 Driveways--Special permits.

Any driveway approach in excess of the above maximum lengths specified in Section 12.04.160 must be justified as "essential" to the property and must receive special approval by the city engineer. (Ord. 2786 §2, 1996)

12.04.190 Driveways--Limits.

In no event shall the driveway approach extend beyond the property line extended or rights of the owner requesting the curb cut. A driveway permit shall not be issued unless there is space entirely within the private property lines for vehicle parking. (Ord. 2786 §2, 1996)

12.04.200 Driveways--Specifications.

A. All driveway approaches between the curbline and the property line shall be constructed of Portland cement concrete. The driveway approach, including the sidewalk section, shall be constructed according to the standard specifications and plans of the city.

B. Driveway approaches located within five feet of the existing curbline return at an alley intersection may be merged with the alley width, measured at the curbline, the combined width shall not exceed forty feet.

C. Where standard gutters and curbs have not been installed, the length of driveway approach set forth in this chapter shall be measured along the property line and there shall be not less than 16 feet of frontage between driveway approaches serving any one property.

D. Permits shall not be issued for any surface improvement or paving on the street right-of-way between driveway approaches unless a concrete curb or other physical obstruction designed to standard city specifications is constructed and maintained by the applicant so that the entrance and exit of vehicles to and from the applicant’s property will be restricted to the established driveway approaches. (Ord. 2786 §2, 1996)

12.04.210 Driveways--Restoration of curb.

When a driveway approach is no longer in use, the city engineer, by order of the council, shall notify the owner of the abutting property to restore the curb and sidewalk to conform to the adjacent curb and sidewalk. If the owner shall neglect to do so for a period of six months, then the city engineer shall proceed to restore the curb and the cost of the same shall be a lien upon the property until paid, and shall be assessed and entered in the lien docket of the city and shall be foreclosed in the same manner as other city street improvement liens. (Ord. 2786 §2, 1996)

12.04.220 Sidewalks--Concrete sidewalks required.

Sidewalks shall be constructed in accordance with the city’s standard specifications and plans. (Ord. 2786 §2, 1996)

12.04.230 Sidewalks--Storage of materials in street.

There may be included in a sidewalk permit permission to use the abutting street for the purpose of storing material to be used in the sidewalk project, but not more than one-fourth of the street shall be used for such purpose. Permission will not be granted in areas where parking is prohibited. (Ord. 2786 §2, 1996)

12.04.240 Sidewalks--Width.

All sidewalks shall have a width in conformance with current city construction standards on file in the office of the city engineer. (Ord. 2786 §2, 1996)

12.04.250 Sidewalks--Grade and fall.

All sidewalks shall be laid to smoothly join existing improvements. All sidewalks shall be laid with a fall toward the curb of one-quarter of an inch to the foot and, if built to the curb, shall meet the curb flush with the top thereof. (Ord. 2786 §2, 1996)

Article III. VIOLATION--PENALTY

12.04.260 Violation--Penalty.

Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine of not more than two hundred dollars or by imprisonment of not more than forty days, or both. Each day’s violation shall be considered a separate offense. (Ord. 2786 §2, 1996)