Article I In General
Section 515.030 Subgrade, Culverts Prerequisite To City Maintaining or Improving Subdivision Streets.
Article II Sidewalks
[R.O. 2009 §525.010; CC 1976 §24-1; R.O. 1954 §386]
Whenever any sidewalk, curbing, guttering, or any portion of a street is in need of repair, such repairs may be made by special assessment in accordance with Section 88.703, RSMo.
[R.O. 2009 §525.020; CC 1976 §24-1.5; Ord. No. 1042 §§1—5, 8-4-1980; Ord. No. 1465 §§1—8, 10-15-1990; Ord. No. 1479 §§1—2, 5-20-1991; Ord. No. 1510 §1, 6-22-1992; Ord. No. 1635 §§1—8, 7-10-1995; Ord. No. 1813 §§1—8, 2-16-1999; Ord. No. 1991 §§1—8, 7-15-2002; Ord. No. 2058 §§1—9, 3-15-2004; Ord. No. 2107 §§1—2, 1-18-2005; Ord. No. 2155 §§1—2, 12-19-2005; Ord. No. 2278 §§1—2, 2-4-2008]
The City of Higginsville, upon a written application from the property owner to the Street Superintendent, shall supply and furnish all engineering and layout of the curb line and set the grade for the same. After construction of curbing and removal of forms, Street Department crews make all necessary backfills to both sides of the curbing. All seeding along the back of the curb shall be completed by the property owner.
In order to qualify for a curb rebate, the curb must be of the same style, width and depth as presently exists in that area or as approved by the Street Superintendent. Further, the specifications in order for the curbing to meet the requirements of this Section shall be provided by the Street Superintendent upon request and the Street Superintendent shall approve the curbing construction in order to qualify for the rebate. If existing curbing has failed by any means such as deteriorated, cracked, settled or broken, the property owner may qualify for a curbing rebate. Property owners shall notify the Street Superintendent for approval of said rebate. If in the opinion of the Street Superintendent the curbing is in need of replacement, then the property owners will qualify for said rebate. The present curbing will also be removed by Street Department crews upon proper and timely notification by the property owner's contractor. The following is the mix design for all curbing construction.
If the Street Superintendent, in the interest of public safety, authorizes the construction of curbing which the property owner, having been duly notified, has failed to construct, said curbing shall not be subject to the curb rebate program, although the property owner may be required to make full cost restitution to the City.
This program will be in effect as long as funds are available on a first-come, first-served basis. In the event funds are depleted before the end of the fiscal year, all approved rebates will be held until funds again become available.
This rebate is only in effect for properties within the City limits that were previously subdivided or those properties adjacent to a City Street Department maintained street. Subdividers shall bear all costs of curb and gutter construction with all the other improvements specified in the Higginsville Subdivision Specifications.
[R.O. 2009 §525.210; Ord. No. 1701 §§1—8, 10-8-1996; Ord. No. 1854 §§1—8, 10-18-1999; Ord. No. 2156 §§1—2, 12-19-2005]
The City of Higginsville, upon a written application from the property owner to the Street Superintendent, shall supply and furnish all engineering and layout of the sidewalk line and set the grade for the same.
In order to qualify for a sidewalk rebate, the sidewalk must be of a width, thickness, alignment and elevation consistent with good engineering design and existing neighborhood conditions. Further, the specifications in order for the sidewalk to meet the requirements of this Article shall be provided by the Street Superintendent upon request, and the sidewalk itself shall be approved by the Street Superintendent in order to qualify for the rebate. If in the opinion of the Street Superintendent an existing sidewalk qualifies for replacement, the Street Department crews will remove existing sidewalk upon proper and timely notification of the property owner's contractor. All backfills and seeding are the responsibility of the property owner.
In order to qualify for sidewalk rebate, the sidewalk must be approved by the Street Superintendent and comply with the following material specifications:
If the Street Superintendent, in the interest of public safety, authorizes the construction of sidewalk, which the property owner, having been duly notified, has failed to construct, said sidewalk shall not be subject to the sidewalk rebate program, although the property owner may be required to make full cost restitution to the City.
This program will be in effect as long as funds are available on a first-come, first-served basis. In the event funds are not available, the property owners will be put on a waiting list and contacted when additional funds are made available.
Section 515.030 Subgrade, Culverts Prerequisite To City Maintaining or Improving Subdivision Streets.
[R.O. 2009 §525.030; CC 1976 §24-7; Ord. No. 290 §1, 4-6-1964]
The City shall not maintain or improve any street in a subdivision approved prior to April 6, 1964, or install water service therein, unless said streets are brought to a subgrade with a tolerance of 2.10 inches and all culverts have been installed in said streets.
[R.O. 2009 §525.040; CC 1976 §24-8; Ord. No. 290 §1, 4-6-1964]
All culverts in streets in subdivisions or additions approved prior to April 6, 1964, of fifteen (15) inches diameter or less shall be furnished and installed by the subdivider. If a larger culvert is required, the City shall pay the costs above the costs of a fifteen (15) inch culvert as funds permit.
[R.O. 2009 §525.050; CC 1976 §24-9; Ord. No. 290 §1, 4-6-1964]
The City shall put two (2) inches of rock on the completed subgrade of a street in a new subdivision or addition approved prior to April 6, 1964, and an additional two (2) inches of rock when the curb and gutter have been installed as funds permit.
[R.O. 2009 §525.060; CC 1976 §24-10; Ord. No. 1466 §§2—10, 10-15-1990; Ord. No. 1855 §§1—11, 10-18-1999; Ord. No. 2050 §§1—2, 12-1-2003]
No individual, firm, corporation or public utility shall make an opening in any street or alley of the City of Higginsville without first notifying the Street Superintendent of the City of Higginsville and paying to the City Clerk the following permit fee:
The backfilling and restoration of the street or alley surface shall be under the supervision of the Street Superintendent or his authorized representative, and the permit holder shall notify the Street Superintendent or his representative as to the completion of the work and obtain his signature on the street opening permit card, stating that the opening has been closed and the street surface has been restored in full compliance with the following requirements: All street and alley excavations shall be backfilled and hand or mechanically tamped in layers not to exceed six (6) inches in depth, or where water is available backfill may be flushed and jetted with water from twelve (12) inches above pipe or cable level to within twelve (12) inches of ground surface, and the remainder of said backfill shall be tamped by hand or mechanical means. The Street Superintendent must authorize the use of water in backfilling street cuts. The permit holder shall remove surplus dirt. Sand may be used as backfill in lieu of tamping when approved by the Street Superintendent.
In the event that the work does not meet approval upon completion and for a period of twelve (12) months thereafter, the permit holder shall, within three (3) days from the time of such notice given, replace the work in accordance with the conditions and requirements herein contained. In the event of failure to comply with the notice to replace the work within the aforesaid time limit, the City Clerk shall issue to the permit holder a notice stating intent on the part of the City to contract for whatever remedial work is required, and the permit holder shall pay the total cost of the contract and any other expenses involved. Failure to pay the required permit fee or any additional costs will result in refusal of any future permits until all delinquent charges are paid.
Permit holder shall maintain at all times during the progress of the work suitable barricades, fences, signs or other adequate protection for the public safety and also such danger lights, signals or flagmen as may be necessary to ensure safety to the public. The contractor may obtain additional barricades by asking the Street Superintendent. Failure to comply with these requirements may result in refusal of future permits.
The permit holder shall assume any and all liability in regard to any excavations and shall hold the City of Higginsville free and clear from any and all liability.
When an emergency requires a street or alley cut during non-working hours, a permit shall be obtained the next working day.
Permit fees may be billed on a daily, monthly, quarterly or an annual basis, depending on the nature of the work. The Street Superintendent shall recommend appropriate billing cycles, subject to the approval of the City Clerk and City Administrator.
Any individual, firm or corporation violating the provisions of this Section shall be deemed guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by imprisonment in jail up to ninety (90) days, or by both fine and imprisonment in jail.
The permit holder shall file with the City of Higginsville, at the City Clerk's office, a certificate of insurance indicating coverage of one million dollars ($1,000,000.00) worth of liability insurance, Workers' Compensation, and the City shall also be named as an additional insured.
[R.O. 2009 §525.070; CC 1976 §24-11; Ord. No. 1117 §1, 3-1-1982]
The following restrictions shall apply to concave depressed curbs constructed in the City of Higginsville, Missouri:
Only one (1) ramp per corner unless otherwise requested and approved.
The ramp shall be installed on the street with the least amount of traffic flow.
The ramp will not extend past the curb line.
The ramp shall be built so as not to interfere with the flow of water or other materials into gutters.
[R.O. 2009 §525.075]
All street and sidewalks shall be built, maintained and/or repaired in compliance with the Americans with Disabilities Act PL101-336.
[R.O. 2009 §525.080; CC 1976 §24-21; R.O. 1954 §373]
The word "sidewalks" as used in this Article shall in all cases be construed to include sidewalk approaches.
[R.O. 2009 §525.090; CC 1976 §24-22; R.O. 1954 §374]
The Board of Aldermen shall have power relating to the construction, repair and condemnation of defective sidewalks, as is granted by the State Statutes. Special ordinances shall be passed for each improvement as herein provided.
[R.O. 2009 §525.100; CC 1976 §24-23; R.O. 1954 §493]
The owner or agent of any property adjacent to any sidewalk, who shall permit said sidewalk to become impaired, or in an unsafe condition from any cause, and shall permit the same to so remain out of repair and unsafe for the space of ten (10) days after notification in writing by the Street Superintendent to said owner or agent, to repair the same, shall be guilty of an ordinance violation.
[R.O. 2009 §525.110; CC 1976 §24-24; R.O. 1954 §§383—385]
Whenever the Board of Aldermen shall determine that a sidewalk shall be built and constructed, or rebuilt or reconstructed or repaired, or the removal of any obstruction thereon or to grade, fill or pack that portion of the street lying between the property line and the street curbline, they shall direct the City Clerk to notify the owner or his representative, of the property lying along or adjacent thereto, by a ten (10) days' notice in writing and delivered by the Chief of Police. The notice shall be directed to the owner and describe the property by lot number or other description, and the sidewalk to be built and constructed or reconstructed, or repairs to be made, or obstruction to be removed, or parkway to be graded and properly filled. Where the owner of the property is absent from the City, and has no representative within the City, then such notice shall be by publication by four (4) weekly notices in a newspaper published within the City. Any property owner so notified to build and construct or reconstruct any sidewalk or approaches to any sidewalk, to remove any obstructions, or to repair any sidewalk, or to grade and fill any parkway, shall commence to perform such construction, repair, removal of obstructions or grade and fill such parkway within ten (10) days of the receipt of such notice or enter into a bona fide contract to have such work performed, and in either case whether the work is done by the owner or by a contractor, such work shall be completed within thirty (30) days after the receipt of said notice, or after the publication of such notice for four (4) weeks in a newspaper published within said City, unless a longer time be granted by the Board of Aldermen.
Any person so notified to build and construct or reconstruct any sidewalk or approaches to any sidewalk, or to repair any sidewalk, or to grade and fill any parkway, or to remove any obstruction in or upon any sidewalk, shall fail, neglect or refuse to comply with such order and notice as provided in the preceding Section, shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and costs of prosecution. Every day the condition remains after the expiration of the said ten (10) days from date of receipt of said notice shall be a separate offense.
The Board of Aldermen may enter into a contract for the construction, reconstruction, repair of any sidewalk, or the grading and proper filling of any parkway, on the neglect or refusal of any property owner to comply with the notice as provided in this Section, and shall do so by a special ordinance providing therefor.
[R.O. 2009 §525.120; CC 1976 §24-25; R.O. 1954 §375]
No new sidewalk shall be constructed, nor any sidewalk reconstructed unless the sidewalk is constructed or reconstructed on the established grade of the adjacent street. No sidewalk shall be constructed or reconstructed on the natural grade, except where the street adjacent thereto has not been brought to grade, and then only by special permit of the Board of Aldermen.
[R.O. 2009 §525.130; CC 1976 §24-26; R.O. 1954, 377—378; Ord. No. 939 §1, 7-3-1978]
All grading, including subgrading for sidewalks shall be done at the expense of the property owner on whose property such sidewalk abuts, and shall consist of fills or excavations as may be necessary to bring the sidewalk surface line to the established grade. If a fill is made which will obstruct or interfere with the natural flow of drainage along or across said sidewalk line, then suitable drain tile shall be placed in such fill to take care of such drainage.
The terms "subgrade", or "subgrading" shall mean the excavation or filling of earth four (4) inches below the established grade. In subgrading all roots, vegetable matter, loose dirt, or other matter liable to injure said sidewalk, shall be removed to the full width of the sidewalk and two (2) inches on each side thereof, and all roots, trees or parts of trees within said space shall be cut away. All fills shall be put down in layers of not more than six (6) inches in thickness and properly tamped or rolled so that a firm footing is secured for such sidewalk.
Plans for the erection or structural alteration of any business use dependent on vehicles entering onto the business site or parking lot shall be approved by the Board of Aldermen. The Board of Aldermen may require such changes therein in relation to yards, location of curb cuts, width of drives, location of signs and accessory uses and buildings and construction of buildings as it may deem best suited to insure safety to minimize traffic difficulties and to safeguard adjacent properties:
Fairground Avenue. No entrance to a commercial property on Fairground Avenue shall be nearer than one hundred twenty (120) feet to an intersecting side street, or in an abnormally long block (more than three hundred fifty (350) feet long), no nearer than one hundred twenty (120) feet from the nearest established entrance or street intersection. In addition, no entrance or exit from or onto a side street shall be nearer than sixty (60) feet to Fairground Avenue or the nearest intersection.
No exits from commercial property will be permitted onto Fairground Avenue except in cases where no side street or rear exits can be provided, and only then when reviewed and approved by the Planning Commission.
[R.O. 2009 §525.140; CC 1976 §24-27; R.O. 1954 §376]
Except when otherwise approved by the Mayor and Board of Aldermen, all sidewalks constructed within the City shall be four (4) feet in width, except on Main Street between Sixteenth Street and Twenty-second Street, where they shall be eight (8) feet in width.
[R.O. 2009 §525.150; CC 1976 §24-28; R.O. 1954 §376]
All sidewalks shall be laid abutting the property line.
[R.O. 2009 §525.160; CC 1976 §24-29; R.O. 1954 §376]
All sidewalks hereafter constructed or reconstructed shall decline from the property line of the lot in front of or along which it is constructed to the outer edge by a fall of one-eighth (1/8) of an inch to every foot of width.
[R.O. 2009 §525.170; CC 1976 §24-30; R.O. 1954 §379]
All sidewalks hereafter constructed or reconstructed shall be of concrete and no sidewalk of any other material shall be ordered or permitted to be constructed.
[R.O. 2009 §525.180; CC 1976 §24-31; R.O. 1954 §381]
No concrete shall be poured until a proper subgrade has been completed. On the subgrade a concrete mix shall be placed and after being tamped shall not be less than four (4) inches in thickness, and shall be composed of the following materials, volume measure; one (1) part standard portland cement, at least two (2) parts and not more than two and one-half (2½) parts of clean sharp sand, and four (4) parts of crushed limestone rock. The crushed rock shall not exceed one and one-half (1½) inches in its greatest dimensions. If mixed by hand, said mixture shall be thoroughly mixed dry and also thoroughly mixed wet, and immediately tamped into forms to the proper thickness. The concrete mix shall be so tamped or worked to bring the cement to the surface and properly troweled to a reasonably smooth surface.
[R.O. 2009 §525.190; CC 1976 §24-32; R.O. 1954 §380]
In the construction of all concrete sidewalks there shall be an expansion joint of one-half (½) inch every sixteen (16) feet, or one (1) inch for every thirty-two (32) feet of the length thereof. There shall also be an expansion space provided where any sidewalk connects or abuts on any street curb, or connecting sidewalk, sufficient to prevent injury to such curb or adjoining sidewalk. Such expansion shall be a metal expansion joint or asphaltic expansion material of the approved types, and be so constructed to prevent dirt from entering and filling up such joint.
[R.O. 2009 §525.200; CC 1976 §24-33; R.O. 1954 §382]
In hot weather sidewalks shall be protected for at least two (2) days after being laid by canvas or other covering, and shall be kept moist during such time.