[CC 1961 §17.03; Ord. No. 81, 7-10-1940; Ord. No. 4643, 11-2-2020]
No street construction shall commence until the grade of such
street or alley has been approved by the Director of Public Works.
The cost of establishing the grade of such street or alley shall be
borne by the person or persons proposing to construct or reconstruct
the street or alley, and shall be charged against the amount deposited.
In the event such deposit shall be depleted, additional funds shall
be deposited as the Director of Public Works may direct.
[CC 1961 §17.04; Ord. No. 81, 7-10-1940; Ord. No. 4643, 11-2-2020]
No such street construction work shall be done without first
obtaining authority from the Director of Public Works and a permit
authorizing the same from the Director of Public Works.
[CC 1961 §17.05; Ord. No. 81, 7-10-1940; Ord. No. 4643, 11-2-2020]
Applications for permits for street construction work shall
be made in writing, addressed to the Department of Public Works. All
applications shall state clearly and fully the work to be done, and
shall be signed by the owner or his/her agent. The plans and specifications
for the proposed work shall accompany the application, and be first
approved by the Director of Public Works/Street Superintendent.
[CC 1961 §17.06; Ord. No. 81, 7-10-1940; Ord. No. 4643, 11-2-2020]
If the work upon any street is conducted in violation of the
provisions of this Chapter, it shall be the duty of the Director of
Public Works/Street Superintendent to revoke the permit for such work
and at once report same to the Council. Before a permit is reinstated
or reissued by the Department of Public Works, all work for which
the permit was issued must be placed in a condition corresponding
with the requirements of this Chapter. No permit shall be of any force
or effect after the expiration of one (1) year from the date of its
issuance.
[CC 1961 §17.07; Ord. No. 398, 3-5-1952]
All streets installed after March 5, 1952, within the City shall
be constructed of Portland cement concrete in accordance with the
City of Berkeley standard specifications as prescribed by the Director
of Public Works, with the approval of the Council. The minimum width
of streets in old established residential areas where platted widths
will not permit the construction of a standard subdivision street
shall be twenty (20) feet. All other streets shall have a minimum
width of twenty-six (26) feet. All arterial streets so designated
by the Council shall have a minimum width of thirty-two (32) feet.
[CC 1961 §17.08; Ord. No. 81, 7-10-1940; Ord. No. 4643, 11-2-2020]
Upon completion of any street construction work undertaken under
permit, the Director of Public Works/Street Superintendent shall check
all such work, and if found to comply with the plans and specifications
under permit for the work and all the ordinances of the City, he/she
shall make a full and complete report to the Council, together with
a statement of all inspection fees and any contingent expenses in
connection with the work. If the City has no claim against the work,
he/she shall notify the Director of Finance in writing of such fact,
claiming such inspection fees as he/she may be entitled to, and the
Director of Finance shall, after paying such inspection fees, pay
and release to such owner any balance in his/her deposit.
[CC 1961 §17.09; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
A.
Residential
sidewalks shall be constructed to St. Louis County specifications.
The minimum requirements for sidewalks shall be as follows:
1.
Residential sidewalks shall be of concrete, four (4) feet wide and
four (4) inches thick, except in driveways where a six (6) inch thickness
shall be required.
2.
Non-residential sidewalks shall be of concrete, four (4) feet wide
and four (4) inches thick, except a greater width may be recommended
by the Department of Highways and Traffic. Sidewalks through driveways
shall be required to be seven (7) inches in thickness.
3.
Where sidewalks are located adjacent to a vertical curb within a
street intersection, wheelchair ramps will be required.
4.
Where sidewalks are to be located adjacent to a roadway under the
jurisdiction of the Missouri Highway and Transportation Department,
they may be required to be place in a public easement outside of the
State right-of-way. Maintenance of walks along State right-of-way
shall be the responsibility of the property owners or the trustees
of the subdivision.
[CC 1961 §17.10; Ord. No. 1066, 9-15-1958]
All sidewalks, entrances to driveways, curbs and gutters shall
be constructed, reconstructed, and repaired of the materials as specified
herein. Sidewalks shall be not less than four (4) feet in width.
[CC 1961 §17.11; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
All work of constructing, reconstructing, or repair of sidewalks,
curbs, and gutters, and driveway entrances shall be done under the
supervision of the Director of Public Works/Street Superintendent.
[CC 1961 §17.12; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
No person shall do the work of constructing, reconstructing,
or repairing of any sidewalk, curb, gutter, or driveway entrance in
the City without first having obtained a site work permit. The permit
shall be issued by the Department of Public Works, payment is based
on the cost of construction. For utility companies the cost shall
be sixty-five dollars ($65.00) only, and shall be good during the
calendar year for which issued, subject to revocation by the Director
of Public Works/Street Superintendent for failure to observe any provisions
of this Chapter relating to the construction, reconstruction, or repair
of sidewalks, curbs, gutters, and driveway entrances. At the time
of obtaining such license, the contractor shall give bond to the City
of Berkeley in the sum determined by the Director of Public Works.
The bond shall be approved by the Director of Public Works and be
conditioned that the contractor will comply with the ordinances of
the City relating to sidewalks, will maintain warning signs and protection
while work is in progress, will hold the City and property owners
harmless from all claims, demands, and actions against it or them
arising out of the work, will replace any faulty work, and will carefully
backfill, seed, straw, and remove all debris and clean up after the
work is completed. The Director of Public Works shall keep a record
of permits issued hereunder.
[1]
Editor's Note: Former Section 515.110, Condemning of Defective
Sidewalks, was repealed 11-2-2020 by Ord. No. 4643.
[CC 1961 §17.14; Ord. No. 1066, 9-15-1958; Ord. No.
4401, 8-21-2017]
A.
Sidewalk
Evaluation. A sidewalk shall be considered defective when exhibiting
one (1) or more of the following characteristics:
|
FIGURE "A": Sidewalk faulted at joint or crack with 1" or more
deflection.
|
 |
|
FIGURE "B": Sidewalk raised more than 2" in 8 ft. from normal
profile line of sidewalk.
|
 |
|
FIGURE "C": Sidewalk sunken more than 2" in 8 ft. from normal
profile line of sidewalk.
|
 |
|
FIGURE "D": Sidewalk cracked into 3 or more pieces per panel,
or any single crack with 1/2" or greater openings.
|
 |
|
FIGURE "E": Sidewalk cracked and/or spalled (smaller crater
like holes deeper then 3/8") with part of sidewalk missing and forming
holes deeper than 3/8 inch.
|
 |
B.
Additional
defects such as, severe scaling, wide horizontal cracks, missing concrete
or brick, utility valves, etc., can cause a condition which may be
unsafe. These conditions are not necessarily quantifiable and, as
such, will be handled in the best judgment of the Director of Public
Works/Street Superintendent or designee.
[Ord. No. 4643, 11-2-2020]
[CC 1961 §17.15; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
When the Director of Public Works/Street Superintendent or other
proper officer has reported to the Council of the cost of the repair
of any sidewalk or sidewalks in the City of Berkeley under the provisions
of this Chapter, the Council in its discretion may levy said cost
as a special assessment against each lot and piece of ground abutting
said sidewalk, and each such lot and piece of ground shall be liable
for its part of the cost of the work done or made along or in front
of such lot or piece of ground as reported to the Council, and the
Council shall issue separate tax bills therefor against each such
lot or piece of ground as reported to the Council for its share of
the cost.
[CC 1961 §17.16; Ord. No. 2239 §1, 11-7-1977; Ord. No. 4643, 11-2-2020]
A.
Sidewalks
shall be constructed with a minimum of four (4) inch monolithic air-entrained
three thousand (3,000) pound concrete slab, and a minimum of six (6)
inches thick at alley crossings and driveways. At the discretion of
the Director of Public Works/Street Superintendent, a granular base
may be required. Where the earth adjoining the sidewalks on the street
side, when finished, is higher than the sidewalks, it shall be sloped
to curb line. If at any place a fill is necessary it shall be properly
compacted before the sidewalk is laid. The base shall be carefully
spread, and if dry wetted by sprinkling. It must be made compact by
ramming hard. The surface of the walk shall be finished bringing about
a uniform surface. There shall be a pitch of one-fourth (¼)
inch to the foot toward the curb from the inside line of the walk.
The concrete must be laid between strong, straight forms and must
be divided into sections not more than six (6) feet long, and expansion
joints shall be of approved material. The finished work must be carefully
protected and barricaded so as to prevent damage to the newly constructed
work, and so to prevent damage or injury from frost, heat, rain and
children.
B.
Any
new sidewalks, curbs or gutters which are hereinafter constructed
and all existing sidewalks, curbs and gutters which are reconstructed
shall be so constructed or reconstructed by providing a wheelchair
ramp at each crosswalk and the said ramp shall be blended into the
sidewalks, curbs and gutters so that the sidewalk and street blend
to a common level. Such ramp shall not be less than thirty-six (36)
inches wide and shall not have a slope greater than one (1) inch rise
per twelve (12) inches length (8 3/10%). Where because of surrounding
buildings or other restrictions it is impossible to conform the slope
with this requirement, the ramp shall contain a slope with as shallow
a rise as possible under the circumstances, not to exceed ten percent
(10%). In all ramps there shall be a gradual rounding at the bottom
of the slope. Whenever conformance to these standards is impractical
or physically impossible and where the method, materials and dimensions
used in lieu thereof does not create a hazard, deviation from these
standards may be permitted by the authorities having jurisdiction.
[CC 1961 §17.17; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
For the purpose of building combination curbs and gutters, the
earth shall be excavated to at least eighteen (18) inches wide. The
gutter shall consist of a bed of concrete of a minimum of seven (7)
inches thick and air-entrained three thousand five hundred (3,500)
pound concrete, all properly mixed and troweled to an even surface
and brush finished. All blocks shall be eight (8) feet long and be
parted by using one-quarter (¼) inch thick metal parting strips
or templates of the shape and size of plan furnished by the Director
of Public Works/Street Superintendent. After completion of curb and
gutter, earth shall be filled in behind curb to height of same, leveling
off earth between sidewalk and curb, so that there will be a gradual
slope from the sidewalk to the top of the curb.
[CC 1961 §17.18; Ord. No. 3079 §1, 9-5-1989]
A.
The
tenants or occupants of all premises occupied by them and the owners
or agents of vacant lots owned by them or under their control shall
keep the sidewalks in front of and adjoining the property owned, controlled,
or occupied by them swept and clear of paper, dirt, mud, filth, animal
or vegetable matter, or any substance or article. After any fall of
snow or sleet or formation of ice thereon, the owners, agents, occupants,
or tenants shall cause the same to be immediately removed from the
sidewalk fronting or adjoining the property owned, managed, or occupied
by them. Where buildings are occupied by more than one (1) tenant,
it shall be the duty of the person or persons occupying the tenement
or tenements nearest the street to comply with the requirements of
the Section.
B.
No
owner or resident of any property shall permit any vegetation, structure,
material, or object to be so close to the sidewalk as to constitute
a hazard for pedestrian traffic. All trees, bushes, or vegetation
which overhang a public thoroughfare shall be properly trimmed to
avoid obstruction of the view and movement of pedestrians.
[CC 1961 §17.19; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
It shall be unlawful for any person to cause or permit to be
placed, thrown, or to leak or spill from a vehicle or otherwise upon
the pavement or surface of any street, sidewalk, alley, or public
place any liquid asphalt or substance, liquid, or material which might
thereby be calculated to endanger, impede, or inconvenience the movement
of vehicles or pedestrians, or render the surface of such street,
sidewalk, alley, or public place rough or uneven. Hazardous materials
spills including biological, chemical and radiological materials that
pose a serious risk if not promptly and properly responded to by the
individuals who initially identify the spill and the appropriate emergency
response staff, including the Berkeley Fire Department.
[CC 1961 §17.20; Ord. No. 1066, 9-15-1958; Ord. No. 4643, 11-2-2020]
It shall be unlawful to place and display for sale upon any
public sidewalk within the City any groceries, provisions, commodities,
vegetables, fruit, produce, goods, wares, or merchandise, without
a special use permit approved by Council.
[CC 1961 §17.22; Ord. No. 297, 5-5-1948; Ord. No. 4643, 11-2-2020]
No person shall willfully drive, haul, or cause to be driven
or hauled, any wagon, truck, cart, or other heavy vehicle over, on,
or across any curb, gutter, treeline or sidewalk, in any street, park,
public place, plaza, or square in the City without having first protected
such curb, gutter, treeline or sidewalk by bridging of planks or boards
or in other suitable and sufficient manner. Permission shall first
be obtained from the Department of Public Works/Street Superintendent.
The sidewalk or curbing shall be adequately protected from damage.
[CC 1961 §17.23; Ord. No. 430, 9-3-1952; Ord. No.
1022, 10-21-1957; Ord. No. 1672 §1, 6-24-1968; Ord. No. 1697 §1, 10-21-1968]
A.
Permit.
[Ord. No. 4643, 11-2-2020]
1.
It shall be unlawful for any person to make or cause to be made,
or help, aid, or assist in making any excavation whatsoever in any
public street, alley, or other public place, or in any public easement
or right-of-way in the City without a permit therefor from the Department
of Public Works, which cost shall be as established in the Fee Schedule,
Appendix A - Chapter 500..
2.
Application shall be made to and the permit issued by the Director of Public Works. Before such permit is issued, the applicant shall deposit with the City such sum of money as, in the judgment of the Director of Public Works will be sufficient to restore the street, alley, or other public thoroughfare, easement, or right-of-way to as good condition as it was before the excavation was made, and to pay all inspection fees incurred therein. The City shall retain out of the amount so deposited a sufficient sum to cover the cost of superintendence and inspection of the work authorized by such permit at the rate of as established in the Fee Schedule, Appendix A, Chapter 500, per hour of actual time consumed in such superintendence and inspection, and the balance of such deposit, if any, shall be returned to the depositor. All backfills shall be made with a granular material, according to the specifications which may be prescribed by the Director of Public Works/Street Superintendent.
B.
Any
person engaged in making frequent excavations may, in lieu of a deposit
as above required, file a bond with the City in the penal sum of two
thousand dollars ($2,000.00), conditioned upon the restoration of
the surface of any excavation made to its original condition as required
by this Chapter. The deposit of such bond shall not, however, release
the applicant from depositing a sufficient amount of money to pay
for the superintendence and inspection of each excavation as set forth
in this Section.
C.
Whenever
practicable where an excavation is made for any purpose in an improved
street, it shall be made by tunneling, or in some other manner that
will not disturb or destroy the surface of the street.
[CC 1961 §17.24; Ord. No. 430, 9-3-1952; Ord. No. 4643, 11-2-2020]
All excavations in or adjoining any public street, alley, or
other public place shall be adequately protected so as to adequately
protect the public, orange pylons with reflective tape, or barricades
with reflective tape and amber warning light shall be maintained about
such excavation and kept lighted from sunset to sunrise. Whenever
any person excavates the sidewalk or sidewalk space on any street
or public thoroughfare, he/she shall place a strong and suitable foot
bridge over such excavation in the line of such sidewalk at least
five (5) feet wide and securely anchored on each end.
[CC 1961 §17.25; Ord. No. 1925 §1, 9-5-1972; Ord. No. 4643, 11-2-2020]
A.
No
person shall obstruct or endanger, or place, or permit anything to
obstruct or endanger the free passage on or project use of any street,
sidewalk, alley, or public building, or public place by the public,
except as may be necessary while loading or unloading merchandise,
materials or persons, or in the process of any construction work.
Trash dumpsters are prohibited from being placed in the street.
B.
No
owner or resident of any property shall permit any vegetation, structure,
material, or object to be so close to the street line as to constitute
a traffic hazard in obstructing the vision of an operator of a motor
vehicle on a street or exiting from a driveway or in any operation
of a motor vehicle.
[CC 1961 §17.26; Ord. No. 1881 §1, 2-22-1972; Ord. No. 4643, 11-2-2020]
Whenever any new subdivision of homes or any new development
of multiple dwellings are constructed, all ingress to and egress from
said subdivision or multiple dwellings shall be by publicly dedicated
streets, all constructed as required by the ordinances of the City
of Berkeley. No private streets for entrance to and exit from a subdivision
or multiple dwellings shall be utilized and no subdivisions or multiple
dwellings shall be constructed or occupied until entrance to and exit
from said subdivisions or multiple dwellings are publicly dedicated
and accepted.
