[Ord. No. 631, 2-9-1983; CC 2000 §13-101]
It shall be unlawful for any person, firm or corporation to
cut any sidewalk or pavement or make any excavation in any of the
streets, alleys or other public grounds in the City for the purpose
of laying, repairing or removing any pipes, underground wires or other
conduits or for any other purpose not specifically mentioned herein,
unless such person, firm or corporation shall have obtained first
a permit from the Public Works Department of the City.
[Ord. No. 631, 2-9-1983; CC 2000 §13-102]
A.
The
following person, firm and corporation shall be eligible to secure
permits to cut sidewalks or pavements and to make excavation in the
streets, alleys and other public grounds in the City:
1.
Any public utility corporation having a franchise to operate in any
street, alley or other public grounds of the City.
2.
Any other person, firm or corporation, provided such other person,
firm or corporation shall first file and maintain with the City Clerk
a surety bond in the sum of two thousand dollars ($2,000.00) as hereinafter
provided, the bond herein above required shall be approved by the
Governing Body of the City as to surety and by the City Attorney as
to form and shall be conditioned that the principal therein will comply
with all ordinances of the City relating to and regulating the cutting
of sidewalks or pavements and the making of excavations in any of
the streets, alleys or other public grounds of the City and that the
principal will further hold and save the City harmless from any and
all damages to persons and property resulting from or growing out
of the cutting of any sidewalk or pavement or the making of any excavations
in any streets or alleys or other public grounds of the City or the
erection and maintenance of barricades, warning signs, etc., such
liability on the part of the principal and surety to continue until
a release has been received from the City as is hereafter provided.
In lieu of a bond as above provided, the person, firm or corporation
may deposit with the City a policy of insurance issued by a company
authorized to do business in Kansas and protecting the City in all
the matters and requirements of a bond as above provided, such policy
to be approved by the City Attorney and the Governing Body of the
City.
[Ord. No. 631, 2-9-1983; CC 2000 §13-103]
Permits hereunder shall be issued to public utility corporations
having a franchise to operate in any street, alley or other public
grounds of the City upon the public utility corporation's filing with
the Public Works Department an application for such permit.
[Ord. No. 631, 2-9-1983; CC 2000 §13-104]
Any person, firm or corporation making excavations in any of the streets, alleys or other public grounds in the City shall at all times after such work is commenced, up to and including the time when the work is completed and the cut is released to and accepted by the City for replacement or repair as provided for in Section 515.490, maintain proper barricades, safety guards and lights for the protection of the traveling public.
[Ord. No. 631, 2-9-1983; CC 2000 §13-105]
A.
All excavations in any used or traveled portion of any unimproved street or alley, except as provided in Section 515.240, may be backfilled with the excavated material; provided, that after completion of the backfill, it shall be compacted by rolling with heavy equipment and all surplus material shall be trimmed and removed from the line of the ditch.
B.
It
shall be the duty of any person, firm or corporation making an excavation
in any of the unimproved streets, alleys or other public grounds in
the City to backfill and maintain all trenches or ditches in a safe
condition for the traveling public until the excavated material has
reached final settlement.
[Ord. No. 631, 2-9-1983; CC 2000 §13-106]
A.
The
filling of all cuts or excavations made in any street, sidewalk, alley
or other public place in the City shall be made by persons making
the cut or excavation by the following methods:
1.
Tunneling. Installation of utilities may be made
in tunnels where approved by the Governing Body.
2.
Boring. Street crossing may be made by boring when
approved by the Governing Body.
3.
Backfilling. Backfilling shall be done by cutting
the excavation six (6) inches wide on each side of the excavation.
Then the excavation may be filled with rock-free dirt and/or three-fourths
(¾) inch open grade rock to a level to which shall be placed
a six (6) inch concrete base with two (2) inches of finished surface.
Patch shall be done with a two (2) inch hot mix asphalt.
4.
During such backfill and resurfacing all materials shall be removed
at the end of each working day and within five (5) working days after
completion of pavement repairs or any portion thereof. All equipment,
debris and surplus excavation materials shall be completely removed
from the site in order to minimize the damage to pavement and inconvenience
to the public and adjoining owners.
[Ord. No. 631, 2-9-1983; CC 2000 §13-107]
A.
Preparation
for resurfacing the cut or excavation in any street or alley in the
City shall be made by the person making the cut or excavation in the
following manner:
1.
The cut through the wearing surface material shall be removed six
(6) inches beyond the edges of the cut of the excavation in such manner
as to leave the subgrading undisturbed.
2.
All cuts shall be vertical and shall be made with an instrument which
will produce straight, vertical lines.
3.
Any person, firm or corporation making excavations in any of the streets, alleys or other public grounds in the City shall at all times be liable to the City for damage arising by reason of any neglect or carelessness in any respect concerning the excavation prior to the time the cut is released to and accepted by the City for replacement and repair as provided for in Section 515.490 and shall hold the City harmless from all suits or claims or judgments for damages growing out of any negligent act of commission or omission on the part of any person, firm or corporation in making street cuts, excavations, erection of barricades, lights, etc.
[Code 1974 §13-801; CC 2000 §13-108]
[Code 1974 §13-802; CC 2000 §13-109]
A.
No
person shall cut any street curbing for the purpose of constructing
an entrance for any commercial property without first securing a permit
therefor from the Public Works Department.
B.
No
curb cut for such a commercial driveway entrance shall exceed thirty-five
(35) feet.
C.
After
the effective date of this Article, the construction of multiple driveway
entrances from the same street to the same commercial property or
tract is prohibited unless the following minimum requirements are
complied with:
1.
There shall be not more than one (1) commercial driveway entrance
for each fifty (50) lineal feet of frontage on the same street.
2.
Multiple commercial drive entrances must be separated by intervening
curbing or space affording a parking area in the street of not less
than twenty-five (25) lineal feet parallel to the curbing.
[Code 1974 §13-110; CC 2000 §13-110]
A.
No
driveway entrance shall be located closer than twenty (20) feet from
the comer of the curbing at the intersection of any street and alley.
B.
No
driveway entrance shall be located closer than two (2) feet from the
side lot lines of any residential or commercial property or tract.
C.
Whenever
any curb is cut for the purpose of constructing a driveway entrance,
it shall be entirely cut and removed and the curb and gutter, if any,
shall be replaced by sectional paving with expansion joints to prevent
the breaking of the adjacent curb and gutter and the curb at each
side of the entrance shall be replaced by a sectional curb rounded
off on a radius of at least two (2) feet.
D.
Driveway
entrances shall be constructed so as not to interfere with or change
the grade of any existing street or sidewalk.
[Code 1974 §13-804; CC 2000 §13-111]
No person, firm or corporation shall remove or cut back the
curbing along any street for the purpose of widening the area for
parking vehicles in said street, unless permission to do so has been
obtained from the Governing Body of the City.
[Code 1974 §13-805; CC 2000 §13-112]
Before applying to the Governing Body for a permit, the applicant
must first submit a plan of such cutback and of the additional area
to be devoted to parking of motor vehicles in the street to the City
Planning Commission for its approval and recommendation. The Planning
Commission shall endorse in writing its approval, disapproval or recommendations
upon the plans and return the same to the applicant.
[Code 1974 §13-806; Code 1987; CC 2000 §13-113]
A.
An
application to the Governing Body for a permit to remove and cut back
the curbing along any street for the purpose of widening the area
for parking of vehicles in the street shall have attached thereto
the plans submitted to the City Planning Commission together with
its approval, disapproval or recommendations endorsed thereon.
B.
The
Governing Body may allow or deny the application for such permit in
its discretion. If allowed, the Public Works Department shall issue
such permit upon payment of the fee therefor.
[Code 1974 §13-807; CC 2000 §13-114]
A.
If
a permit is allowed by the Governing Body, before commencing such
work, the applicant shall secure detail plans and specifications for
such work approved by the Public Works Department which shall provide
for the cutting and setting back of such curbing, for the paving of
the additional street parking area, for proper drainage in connection
with the existing gutters, drains and storm sewers, if any, and for
the construction of a new curbing and an estimate of the cost thereof
made by the City Engineer.
B.
Before
commencing such work the applicant shall file with the City Clerk
a surety company bond approved by the City Attorney in an amount equal
to not less than twice the amount of the City Engineer's estimated
cost of such work, conditioned that the applicant will cause the work
to be done and to be completed in a satisfactory workmanlike manner
in accord with the detailed plans and specifications prepared for
such work by the Director of Public Works.
[Ord. No. 631, 2-9-1983; CC 2000 §13-115]
Any person, firm or corporation making any excavation in the
streets, alleys or public grounds of the City without first complying
with the provisions of this Article or who violates any of the provisions
of this Article shall be guilty of a violation of this Article and
upon conviction shall be fined in any sum not exceeding one thousand
dollars ($1,000.00). Except for emergency excavations in which case
a twenty-four (24) hour notice will be required.
