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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