HomeMy WebLinkAboutOrdinance 1790 ORDINANCE NO . 1790
AN ORDINANCE REQUIRING THAT AN ORDER OF THE BOARD OR A PERMIT
BE OBTAINED PRIOR TO COMMENCEMENT OF A CURB CUT OR CONSTRUCTION OF
A SIDEWALK , DRIVE , CURB , OR GUTTERING , PROVIDING STANDARDS FOR
ISSUANCE OF PERMITS ; AND PROVIDING SPECIFICATIONS FOR SAID CON-
STRUCTION OR ALTERATION .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Section 18 - 24 of the Code of Ordinances , City
of Fayetteville , Arkansas , is hereby amended to read as follows :
"Sec . 18- 24 . Definitions .
For the purpose of this Ordinance the following terms , phrases ,
words , and their derivations shall have the meaning given herein .
When not inconsistent with the context , words used in the present
tense include the future , words in the plural number include the
singular number , and words in the singular number include the plural
number . The word shall is always mandatory , the word may is per-
missive ,
( 1) City is the City of Fayetteville , Arkansas .
(2 ) City Official is the City Manager (or other official
designated by the City Manager and authorized to issue the
permits granted hereunder) of the City of Fayetteville ,
Arkansas .
(3) Person is any person , firm , partnership , association ,
corporation , company or organization of any kind .
(4) Residential zone is any one side of a block in which
fifty per cent (50%) or more of the frontage of that side
is used for residential purposes .
(5 ) Commercial driveway is an entrance on public property
to an or'exit any commercial , business , or public
establishment adjacent to a public street or highway .
(6) Residential driveway is a driveway on public property
adjacent to a public street or highway to provide entrance
to and/ or exit from a residential property for the exclusive
use and benefit of those residing therein .
MICROFILMED
DATE OCT i 2 197e
REFI I14l
2
( 7) Safety zone is all parts of the street or highway right -of-way
between the curb or shoulder line and the right -of-way line along
the property frontage , except those areas contained in the access
driveways .
( 8) Collector street is a street which in addition to serving
abutting properties , intercepts minor streets , connects with
community facilities and carries neighborhood traffic to the
major arterial street system .
(9) Streets of higher use designation than collector streets
include arterial streets and expressways as defined in Ordinance
Number 1750 of the City of Fayetteville , Arkansas .
Section 2 . That Section 18 - 25 of the Code of Ordinances , City
of Fayetteville , Arkansas , is hereby amended to read as follows :
"Sec . 18- 25 . Order of Board of Directors or permit required .
No person shall begin to construct , reconstruct , repair , alter
or grade any sidewalk , curb , curb- cut , driveway or street on the public
streets , unless the same has been properly ordered by the Board of
Directors , or plans for such have been approved by the City as site
improvements for a subdivision , or a permit has been issued by the
City Official charged with the administration of this Ordinance . "
Section 3 . That Section 18 - 26 of the Code of Ordinances , City
of Fayetteville , Arkansas , is hereby amended to read as follows :
"An applicant for a permit hereunder shall file with the City
official an application showing :
( 1 ) Name and address of the owner , or agent in charge , of the
property abutting the proposed work area ;
( 2) Name and address of the party doing the work ;
( 3) Location of the work area ;
(4) A plan or clear description of the work to be done ; and
(5 ) Such other information as the City Official shall find
reasonably necessary to the determination of whether a permit
should issue hereunder . "
Section 4 . That Section 18- 27 of the Code of Ordinances , City
of Fayetteville , Arkansas , is hereby amended to read as follows :
3
"Section 18 - 27 . Permit fee .
A fee of ( $2 . 00) shall accompany an application for a permit
hereunder . "
Section S . That section 18- 28 of the Code of Ordinances , City of
Fayetteville , Arkansas , is hereby amended to read as follows :
"Section 18 - 28 . Specifications .
( 1) Grades ; establishment of property lines . All sidewalks ,
street curbing and guttering , and drives shall be constructed
on grades as established by the City Official . It shall be
the responsibility of the owner to establish property lines
by competent survey at his own expense .
( 2) Minimum width of sidewalks . The minimum width of
sidewalks in the residential zones of the City shall be
four (4) feet . The minimum width of sidewalk in all other
zones shall be five (5 ) feet .
( 3) Cement - concrete requirement . All sidewalks , street
curbing and guttering , and concrete drives shall be constructed
of a Portland cement - concrete mixture which will produce a
concrete of a compressive strength of three thousand ( 3 , 000)
pounds per square inch after a twenty-eight (28) days set
under standard laboratory methods .
(4) Minimum thickness of sidewalks and drives . The minimum
thickness of sidewalks shall be four (4) inches with any fill
materials required for residential or commercial sidewalks
consisting of approved compacted base material . The minimum
thickness of residential driveways shall be four (4) inches
with four (4) inches of compacted base material or 6" x 6"
10 gauge reinforcing steel . The minimum thickness of
commercial driveways shall be six (6) inches with six (6)
inches of compacted base material or 6" x 6" 10 gauge
reinforcing steel .
(5) Slope of sidewalks and drives . Sidewalk surfaces shall
slope one -fourth ( 1/4) inch in each foot horizontally . Side -
walks shall normally slope toward the center of the street
unless the existing topography requires a slope toward the
property line . Surfaces of drives shall slope with a rise
of four (4) inches from the flow line of the gutter .
4
( 6 ) Finish . All sidewalks , curbing , guttering , and drives
shall "FFTinished to a smooth trowel finish and then given
a brush finish . Vertical surfaces of curbs or steps shall
be finished in a like manner . The front edge of all curbs
shall have a two ( 2 ) inch radius rolled finish ; the front
edge of all sidewalks shall have a one ( 1 ) inch radius rolled
finish and the rear edge of all curbs on sidewalks shall
have a one ( 1 ) inch radius rolled finish .
( 7 ) Joints . Suitable approved expansion joints shall be
provides not greater intervals than fifty ( SO ) feet in
all sidewalks , curbing , guttering , and drives . An expan -
sion joint shall be constructed in drives on a line parallel
to the sidewalk and in line with the property line edge of
the sidewalk .
( 8 ) Width of Drives . The width of commercial driveways
shall not exceeTorty ( 40 ) feet measured at right angles
to the centerline of the driveway . The width of resi -
dential driveways shall not exceed twenty - four ( 24 ) feet
measured at right angles to the centerline of the driveway .
( 9 ) S�afeett zones . Safety zones between drives shall not
be less thanTdistance designated for distances between
curb cuts in the standards for street design of the
subdivision regulations of Ordinance 1750 of the City of
Fayetteville . On streets of higher use designation than
collector , the standards for collector streets shall
apply . Curbs shall be installed to prohibit vehicle
parking and access in safety zones . The barrier line nearest
the street or highway shall be on line with existing curbs ,
or established curb lines , but not less than twenty - two ( 22 )
feet from the center of the pavement ; provided the City Offi -
cial does not require a greater distance when needed to preserve
the safety and utility of the street or highway or provide
conformance with proposed street or highway improvements .
( 10 ) Safety zones at intersections and corners . No driveway
shall be constructed—less than the distanc�rom the corner of
a street or highway intersection designated in the standards
for street design of the subdivision regulations of Ordinance
1750 of the City ; provided the City Official may require a
greater distance between the corner and the driveway to pre -
serve the safety of the street or highway ; provided further the
City Official may require the property owner to designate a
driveway " for entrance only" or " for exit only " where more than
one driveway provides access to the property in order to pre -
serve the safety of the street or highway . On streets of a
higher use designation than collector , the standards for dis -
tances between curb cuts for collector streets shall apply .
S
(11 ) Variations . The City Official , upon recommendation
of thela�nning --Commission , may grant variations from
the literal provisions of subsections (7 ) , (8 ) , (9 ) and
(10 ) in instances where strict enforcement would cause
undue hardship or where strict enforcement would be
impractical due to circumstances unique to the individual
property under consideration . "
Section 6 . That section 18 - 29 of the Code of Ordinances ,
City of Fayetteville , Arkansas , is hereby amended to read as
follows :
" Sec . 18 - 29 . Standards for issuance of permit , expiration and
renewal of permit .
The City Official shall issue a permit hereunder when he
finds :
( 1 ) That the plans have been approved ;
(2 ) That the work shall be done according to the speci -
fications contained herein .
(3 ) That the operation will not unreasonably interfere
with vehicular and pedestrian traffic , the demand and
necessity for parking spaces , and the means of ingress to
and egress from the property affected and adjacent
properties .
(4 ) That the health , welfare , and safety of the public
will not be unreasonably impaired .
Any permit issued shall expire three (3 ) months from the
date of issue and may be renewed upon application . "
Section 7 . That the Code of Ordinances , City of Fayette -
ville , Arkansas is hereby amended by adding a section to be
numbered Sec . 18 - 30 , which said section reads as follows :
" Sec . 18 - 30 . Inspection of work ; replacement of rejected work .
The City Official shall make all necessary inspections before ,
during and after the construction of all sidewalks , curbing and
guttering to insure the work being done in accordance with the
plans and specifications . In the event any or part of any work
is not done in a satisfactory manner or not in conformity with
the plans and specifications , the City Official shall notify
the contractor and owner in writing of his non - acceptance of the
work . All such rejected work shall be removed and replaced
within thirty (30 ) days of this notification .
Advance notification must be given the City Official for inspections
under this section . "
6
Section 8 . All ordinances and all parts of ordinances in
conflict herewith are hereby repealed and this ordinance shall
be in full force and effect from and after its passage , approv -
al , and publication .
PASSED AND APPROVED this 15th day of March
1971 ,
APPROVED :
ASST . MAYOR
ATTEST :
C;Ad 2�
CITY-7ULERK
r CERTIFICATE OF RECORD
State o£ Arkansas SS
.°t . of Fayetteville
I dy, City C?erk and
of Faver.teville,
;}-.•-anne C. Kenne
corder for tle Cit; io
that the annc :;d o:
he s une aP
i amY office and t
[?esohition hook
witness my
of
hoc
order
City
Oamilim-F, N& gold .�
AIl"dIInNANrP, RNAWALK,
T ANI
ORDAR OP TIIE SeXLW
MIT art OB'rttINA V ODM
]S1gttCmRNT OY ACOAFra.OQ'ION DF.DlIIVE, CDRB, OdaPRO- , STATE of ARKANSAS
VIDINO STANDARDSANCE
OF PERMITS: AND•PROVIDWO SPEC SS'
County of Washin
IFTCATIONS FOR SAID CONMtYMON gton
OR ALTERATION.
BE IT ORDAINED By THE HOARD
PIRECIMB OF THE CITY OF ' _ o
vllA$'iARKANSAS: --- __. , hereby certify that I
L ns Se(tlhn 167E °f the � - - -- -
Ordhnfptwe, City of Fayetteville• am the ienerlI Manage of THE NORTHWEST ARKANSAS TIMES,
as reraby amended to teed
1. a daily n wspaper having a second class mailing privilege, and being not
DeN°m°"a' less than four pages of five columns each, published at a fixed lace of
: ...tM wrptw af .Wr,.b[djmTrw u. P g P P
Barre,. IdlrwaeAt',>'ardR and business and at a fixed (daily) intervals continuously in the City of
elrtfaallena eNa dA bile mNning
- Rwel". when net mcmygent with Fayetteville, County of Washington, Arkansas for more than a period
is su at. words °u° m lh °rae"1 of twelve months, circulated and distributed from an established lace of
a t total is failings, is brae P
�w.rat naves. r son. business to subscribers and readers generally of all classes in the City
her. and words b r number
' include the plural n . The wore & County for a definite price for each copy, or a fixed price per annum,
al r alvye maMNory, that wore which rice was fixed at what is considered the value of the publication,
MAY Is pertoYv°
el . P
(1) City Is the city of Fayetteville, based upon the news value and service value it contains, that at least fifty
(sArkansas
omcial Lee they City Ventrerpercent of the subscribers thereto have paid cash for their subscriptions
(or other manager cialand designated to the to the newspaper or its agents or through recognized news dealers over a
City Mer off and deOrortud t" Issue
the Intel arl hereunder) of period of at least six months ; and that the said newspaper publishers an
the rvre of Fayetteville, Adfannea. average of more than fort percent news matter.
"rising. Nomination.(^I Peron V anyy .crepo fiion, poet Y
n, conn' t
f41 si organization swam a any kine. I further certify that the legal notice hereto attached in the matter of
(tat block
sans V any we tIda
of ° lilorY 'N ethlfas a per too
that a or tttera of me Iron j /
that . is arae^ far residentral _ U.1 l
poses. K
'51 Cernmemlal ttdveway is N - ___—.__.__-- -----------_ -r_--_-_ _ __--_ _ _ __ _ —__-__
ensure on public DreMRy to
R tram any mnmersi.0 ° was published in the regular daily issue of said newspaper for.._
ex pahllc ast corinn a. b 'b g Y
a public strut .eeweaeatiyre insertion] as follows: /'/�+],�7
(O Rlemwtllad, to
way esi Wham prdnetty adjacent 1n o.
a paint" street a ktfd)w4 to mssyfde , The first insertion on the ___ -X' !! �_ 19_%/
entrance to and/or exit from a • __{_____ day Of _ _ _
residential pm0etty for the excluei.v
e.+ and benefit ,K% likage reetmg
n '
thereon. - • the second insertion on the ____—_____.____—_ day of __________-_-- 19_.
17t safety aging forii1 ria of the '
street or 'yMalny' f`Ittgl-wa• . .
tween the Attti2'►1 oat etwldre us �dl the third insertion on the ________________ day of ------------------------ 19--
the righheFeraF no afnne the Aa►
arty f"mtaee. lertrpk those , eieaa ,
rental"r 1314r' driveways. and the fourth insertion on the _ day of _ --- 19---
in(a) CalNofttr ■ street whirl,
iaeries Ith"nrrleddltfon b.ertless _ .Alaeldtelneg�pl`
ehpeeLa o eM+tei Sworn to and subscribed before me on this ..- _�/ ---___ day of ___.
In 0 cc tMCity of am '
' /
- aftevtue. ��/ �l EIS 19 ;71
section25 as the :
code of sue. wa _- _—_____ _ __
me v I o
or perm t N
No mlnstr'een �[Y e'r'r 4 �.
Cie toll ///�J
No,construct.
r., I Notar ublic
street ata al
lamAMe has
Board or My Commission Expires:
have beenrecyJ
tonal hate ' _ _jrll __l f! -
wig n aM - -- f- -_- --- --
wig tioln 3ntx.
Seel ton r That
Code Of Oydl"enRlr �
Arkansas, is hereby a d ' Fees for Printingpp
an follows' ------
"An applicant for a perms Aets{ofMn- 1
shall fie with the city official an ar I
cation s ,,w'n¢: I Cost of Proof ------ $---------------------
tL Name and address of the mea. '
00
at, or ngert In charge, of the pmn- !
grey ahmtmg the peonv%ed uIlk area . Total --------— $_-_ _ 99
_
lI: Same and address a t" pan:.
dp'ng the nark.
p , tura•! on Of She work a,on :
(h A Nan r clear desrn bads of
the nen•, to he done; and
(l, Faro• o u^r Information Be I
city offnill shall find rata Sonet,'
ne"osse to the determ nation r
whether a pelmet should is,ue hr1
u. Pr
Is
rm Sui Ift" of ' o
Posh n o
0111 nn^er, city A Fayette', it, , 'Oleat[. Sutlnh xWravM eCpan
its eases. Is Mceby amndad b leadson lmnt. . hall M nrny drd At not sail of ties vert r hlgtw On
u follows: r sures M a Mabee until d .ngoayon
'genion 1&2r. Permit fm R id el. than ng.• I:d teat the cM,Mnr the standards far dis.
A fee of ed1001 than am mn>. as all ve elks curbing, Joint
tacos Mlw en .'arta tle for cdIML
Application for • And drive An in expansion on shell
Permit Mleunder.^ be estto the in drives on a line i ahau n.p
file 0 6. i That tMlm ]Fa to the on \ nammens. '1Ta ( -q' Off Plat. up
parallel to the titlewelk mind in line Pleunivgl
Cede sa Oldinareby q d Fto mad as On recommendation of 1•.•
Artsnut, b hereby alaeOdmd b reed fie' with IM1e property line edge of Me sidewalk. Commission. may grant variations
from the literal Provisions M sub.
follows: 161 Width M Driven. Tho width of snetions G1, c61, 111 and (10) h1
"Sedlm 1&111. dnstabi atlaaa commercial driveways shall not ex- '
(L OudY; a&tatl111gaa11t o[ proal- Geed forty (10) feet measured at ^stances where xhart hardship
or
I nee. All side lUt street curie would cause. undue hnrdxhiP or where
Aid right angles to width
protection re de the strict enforcement would he im radb
puttering, and drlen & M '. driveway. she widen c d twenty.
P
oi gratin u erneWeA cal due to al property unique to
a•na raced on driveways smell not exceed twenty. lila Individual property ed by the r51y Official. 1t amen M foes to feel measured at right an.driven
P certY antler cm-
est establish
p p III of teae moment f- Slay b them nnterline of the drive Section
sideration."
Section d That ^dim 1829 of the
and sumh properly' wntm"y t., way.. Cade of Ordinances, City of Fayetteville,
ant aunty at NA own ezewalk tw Safety sown. safely zone! be. Y
mi Minimum width t sidewalks. Tth i twee^ drive esig net he lees than am IWILa, in hereby amended to read
minimum width M aidewellrt In Nq 1M distance designated ren dielantta as f. 18-2
residential zones of the City shall MI between curb cuts N the standards Sec. 18ext Stagy And ter issuance of
four (el feet, minimum width M for strcrn design of Or subdlv4lon permit, explratl and renewal d p!ry
sidewalk in all other zones shell be regulations of Ordinance 1160 of the our.
five 151 fret qty as 3r"tleAlle. On Austria of The City Mount shall Issue a Permit
131 Cement - concrete requi[emen[. I higMr Pse denlgnntlm than eolNet- hereunder when he finds:
All sidewalks, street curbing and Nbor, the standards for mlleclor slopping (L That Ne Vlanx have been ars.
terms, and concerns drives shall be shall provetl:
constructed M • Portland ttmenl— enbi', vehicle
Writ M Installed it (y net lM work shall be time an
concrete mixture which will use cp prohibit % zone perking end mo- cording b the apeciftestions Contain-.
Prod ceas eefels' zones. The berrbr line
o eheme ihmof a Compressive strengthstrengthnearest uM street m highway smell ebereln.
sq three nnd 13.00oPer Pounds r es on It with axitnng mend, or 133 1 That the operation will not un-
dauarc inch after a tdard laboreught (ffi) than wetl curb Pees, et nM leve ansonede ian tra with ve demand days tet andel standard laboratory than twenty-two erve feet from IDe '� and peens P traffic. the demand
methods i Almelo A the prime n l; provided and u seting to lir perking "itta, and
an Minimum thickness of luclusesg ' ,tM City OHice dens not require a aom Oar � ingress to ud egrcree
end drives. the minimum lhicmm grater distance when needed to pre- Com p[ppelm arty affected and &t
s.
ire.
sidewalks smell ri far (lb Nebes sane Na eighty and utility
prav of the
with any till commercial
required fort treat cr highway or provide eon- M "at Of the health. lseawelfare. and
consisting or mored con cted sidewalks formanir with proposed street or reason of Ne pudic will am M un-
mnrieting of approved connected base highway Mpr grain ta. reasonably imniretl.
meteenti lila minimum all As
of (I0/ Safety
mme Sono hit e Intersectionsi
be Any Os f m til shell expire M ese
and
444 lintel driveways shalt be four and Comm. ss than the
Abell be may
mas re from Ne data M tsars entl
m inches with four (al blend of from the less Then Ne disunce
may M renewed upon amlinlbn."
a" 10 pa bees materiel te 6'• a imm the Corner M a street or I high- icy of 1• That the Code of Ortline hereby
m im nuts reinforcing egsOsial. The way inls for
designated
gn In the city of Fayetteville.adding
Arkansas is hereby
minimum lhli ll An of t(6) Inches
standards ter street design of the amended - adding a ancient to M num-
driveways shell M t1r (61 inches subtli of the
regulations ipro de Ordinance taias nadfollows. �'�• winch said eedlon [ode
bWithase ala (ia Inches or compost Kane Official
0l the City: provided be City s follows:
Mee material or 6" x 6" 10 gauge Offidal may rethe a grants[ ding- menu of r IntPn on . work, replaot-
rcdfordng steel. ranee between the corner and the
mal al reake a work. The t`ita Offi-
if) 61oIN of tldlwelks utl driven. driveway to preserve the lately of dal shall make all necessary inscedlmn
Sidewalk surfaces thin slope me-four file educt or hlghwayl provided far- before, during and utter the construction
of en
N (141 inch In each fent Mrts Mily. ther the qty OffieNl to Insure IDs work may require the a the wo curbing and sputtering
shall normally slope 10- property owner to designate a drive. rk Ming done In accord
-
Sidewalks
the renter of ins street unless way "for enlrenhe only" m 'for fibre with the Plans and Identifications. In
Ute existing tepostruni requires a exit idly" where mora than one the event any or Part of any work is
Aloft toward the property me. Sur, driveway yroNdeA access to the not done in a satisfactory manner or not
faces M drives &bell aleph with a property Is order Y preserve the in conformity with the plans and .sneeifi-
rise of four (1) Inches torn the flow cations, the City Official shall rwlUy Or
line of lila gottee contractor and owner In writing of his
161 Finish An sidewalks, corbNg. nonacceptance of the work. All sash
guttering, and driven shell be flalsb rejected work shall be removed and re-
ad his • wnodh trowel finish and Men placed within Orly (30) days of this
given a bright tmtsn. vertical tae- winnlicn.
foots of curM or atepa shop be flnlsh, AdvAnce tlonHaanon Court be given the
M In a like manner. 11ft frmlt edge , qty Otfical tar Inaphdlma under this
of all curbs shall. have a lies (2) . auction.'•
inch radius rolled f1 ish: the front eedim g. An ordNences and all pert%
edge of all sidewalks ehAU Moe a ', of mHNarRtt In connilt herewith arc
one II) Inch ndtut called holm udhereby repealed and this ordinuce shall
thin me edge of all release on side be in full force and effect from and
wall mhel) have a One (1) inch Is after Its Next approval, and publica.
d,ut Idled finish. Um.
PAWED AND APPROVED this tSM
day of March, Igll.
1 APPROVED: Ernest E. Unusable.
Ani Mai-or.
A'jTERTz Lev 110Ort, City Clark.
Yt . at
