Subchapter F - Sidewalks, Curbs and Gutters, and Driveway Entrances
Construction Of 47.1600. Construction and Maintenance of Sidewalks, Curbs, Culverts, Gutters, and Driveway Entrances. It shall be the duty of every property owner to keep the sidewalks, curbs, gutters, culverts, and driveway entrances adjacent to his property and in the City of Holts Summit, in good repair at all times and free from irregularities and offsets in the surface thereof which may render the same unsafe for use. Every culvert shall be kept clear of any obstructions which might interfere with the flow of drainage water, and it shall be the obligation of the property owner to inspect and maintain said culverts. If a culvert has an obstruction of any form which interferes with the flow of drainage water and the property owner does not correct the problem within thirty (30) days after notification from the City Maintenance Superintendent of the owner's duty to remedy such obstruction, then the City Maintenance Superintendent shall have the authority to enter onto such owner's land and use any suitable means necessary to restore the adequate flow of drainage water through such culvert. Within thirty (30) days of receipt of an invoice for the actual cost of clearing such obstruction, the owner shall pay to the City its cost incurred in remedying such obstruction, and if the same is not timely paid, the Board of Aldermen may, by ordinance, levy such cost as a special tax bill against the property on which such culvert is located, or which is adjacent to such culvert, which tax shall be collected like other special tax bills and which shall constitute a first lien on the property until paid.
47.1605. Permits Required. Prior to the construction of or improvement of any private driveway entering into or exiting from the city street, road, or alley, the owner, contractor, or other person constructing or improving said private driveway shall first obtain a permit from the City Maintenance Superintendent of the City of Holts Summit, Missouri. No permit shall be issued unless the plans and specifications for the construction or improvement of said driveway call for the placement of a drainage culvert meeting the specifications set forth in Section 91.025; provided, however, that the City Maintenance Superintendent may issue a permit where it is determined by him that proper drainage and conservation of city streets, roads, and alleys does not require the placement of such a culvert under a proposed driveway. All applications for permits hereunder shall be accompanied by an application fee of twenty-five dollars ($25) for construction and twenty dollars ($20) for each culvert and entrance onto a street, payable to the City of Holts Summit. (Revised: Ord. 1279, July 9, 2001)
47.1610. Concrete Construction Required, Grade, Width. All sidewalks and, where streets are hard-surfaced construction, all curbs and gutters within the public right-of-way, constructed, reconstructed, or repaired in the City of Holts Summit shall be of concrete and conform to the established grade of the street. All sidewalks shall be not less than forty-two (42) inches in width. (Revised: Ord. 678)
47.1615. Materials and Specifications. Every culvert required under this Subchapter shall be made of 16-gauge corrugated metal and shall be installed at the same grade as the drainage way slope and shall conform to the following specifications:
1. For drives no wider than twenty (20) feet, the drainage culvert thereunder shall be at least twelve (12) inches in diameter.
2. For drives more than twenty (20) feet wide but less than one hundred (100) feet wide, the culvert shall be at least fifteen 915) inches in diameter.
3. For drives one hundred (100) feet wide or wider, the culvert shall be fifteen (15) inches in diameter, and there shall be an interim drainage inlet into the culvert in the center of said drive.
47.1620. City Maintenance Superintendent to Supervise Work. All work of constructing, reconstructing, or repairing of sidewalks, curbs and gutters, and driveway entrances shall be done under the supervision of the City Maintenance Superintendent.
47.1625. Specifications for Driveway Entrances for Residential Properties. 1. All driveway approaches shall be concrete or asphalt.
2. Minimum depth of concrete or asphalt shall be six (6) inches.
3. Minimum width of driveway entrance shall be twelve (12) feet.
4. Maximum width of driveway entrance shall be twenty (20) feet.
5. Each driveway entrance shall have two (2) foot wing approaches, six (6) inches in depth.
6. A smooth cut is required on the street where driveway entrance is connected.
7. Curb and gutter requirements (cuts and construction) shall be provided for on all roadways currently having curb and gutter.
8. The minimum depth of a driveway entrance shall be no less than six (6) feet from the edge of the pavement. (Revised July 13, 1998).
47.1630. Request for Variance to Section XXXX (91.040.) The City Maintenance Superintendent shall hereby review any and all requests filed with the City Clerk's office by any person or persons requesting a variance pertaining to the specifications for driveway entrances as set froth in Section XXXX (91.040.) The procedure for such request shall be as follows:
1. The City Maintenance Superintendent shall prepare a request form, similar to Exhibit A attached hereto, which copies of same shall be made available at the office of the City Clerk, whereby any person requesting a variance to the driveway entrance specifications may fill out said form and return to the City Clerk.
2. Upon receipt of such request, the City Clerk shall forward and make same available to the City Maintenance Superintendent.
3. The applicant shall have the right to appeal the decision of the City Maintenance Superintendent to the Street Commission within thirty (30) days following the ruling of the City Maintenance Superintendent. The Street Commission shall review same, and provide an opportunity to the applicant to make a presentation before the Commission, and shall notify said applicant of the time and place where the Street Commission holds its regularly scheduled meetings.
4. After full review, the Street Commission shall rule on said request, if necessary by majority vote.
5. The applicant shall have the right to appeal the decision of the Street Commission to the Board of Aldermen within thirty (30) days following the ruling of the Street Commission.
6. If any person chooses to appeal the ruling to the Board of Aldermen, they may do so by filing a written request with the City Clerk's Office. Ord. #1304.
47.1635. Specifications for Driveway Entrances for Commercial Properties.
1. All driveway approaches shall be concrete;
2. Minimum depth of concrete shall be six inches;
3. Minimum width of driveway entrance shall be twenty feet;
4. Maximum width of driveway entrance shall be forty feet;
5. Each commercial driveway entrance shall have a five foot radius and be a minimum six inches in depth;
6. A smooth cut is required on the street where driveway entrance is connected;
7. Curb and gutter requirements (cuts and construction) shall be provided for on all roadways currently having curb and gutter;
8. The minimum distance from the edge of the pavement to the back of the approach shall be no less than six feet in length;
9. A commercial business operating out of a residential district, such as an in-home occupation, shall be considered as a residential property. (November 9, 1998 - Ord. 1046)
WHAT ABOUT CHAPTER 93 - EXCAVATIONS>\?? SHOULDN'T THAT BE IN THIS CODE?
Subchapter G- Street Specifications 47.1700. Streets and Alleys; Rights-of-way, Design.
1. The widths of right-of-way for streets and alleys and the improved width of roadways within such rights-of-way, unless modified by the Street Commission or the City Maintenance Superintendent because of unusual conditions or circumstances are established as follows:
A. Arterial Streets. The right-of-way shall be at least eighty feet (80) wide and the improved roadway shall be at least thirty-seven (37) feet wide (face-to-face of curb). WHERE ARE THE DEFINITIONS FOR THIS/ B. Collector Streets: The right-of-way shall be at least sixty (60) feet wide and improved roadway shall be at least thirty-six (36) feet wide (face-to-face of curb).
C. Alleys: The right-of-way for an alley shall be at least twenty-four 924) feet wide and the improved roadway shall be at least twenty (20) feet.
2. The minimum residential street slab thickness shall be six (6) inches Portland Cement concrete or five (5) inch black base with two (2) inch Type "C" asphaltic concrete (Missouri State Highway Specifications) with Portland Cement concrete curb and gutters. Residential street intersections shall be rounded with a radius of fifteen (15) feet for right angle intersections. All other intersections radii shall be as approved by the Board. All developers shall be required to meet this minimum requirements regardless of the street classification. Additional design requirements above the minimum specified herein shall be the responsibility of the City.
47.1705. Streets and Alleys, General Provisions. 1. All streets shall be arranged to provide for the continuation of existing streets in adjoining subdivisions and, to the extent possible, the anticipated projections of streets through adjoining unsubdivided or undeveloped property to allow for convenient movement of vehicular traffic and the orderly development of adjoining property and shall adhere to the Major Street Plan where applicable.
2. When a new subdivision adjoins undivided lands, susceptible to being subdivided, the new streets shall be carried to the boundaries of the tracts proposed to be subdivided at a later date and a temporary turnaround shall be installed at this point with gravel or other surface approved by the Street Commission.
3. Permanently designed dead-end or cul-de-sac streets shall not be longer than eight hundred (800) feet and shall be provided with a turn-around at the closed end.
4. The minimum length of a block shall be three hundred (300) feet; the maximum length of blocks shall be one thousand (1000) feet. Blocks shall be wide enough to allow two tiers of lots except where prevented by topographical conditions, in which case the Commission may alter the size.
5. Streets shall intersect one another at as near a right angle as possible and no intersection angle shall depart from a right angle more than 20 degrees.
6. All streets in exact or approximate alignment with existing named streets shall bear the names of such existing named streets. All other streets shall be assigned names which do not conflict with the names of existing streets.
7. Whenever there exists a platted half street or half alley adjacent to land platted for a subdivision, the remaining half of the street or alley shall be provided for on the plat of the subdivision.
8. The width of utility easements shall be as determined by the Board, but not less than ten (10) feet.
47.1235. Penalty clause. Any person who shall violate a provision of this Chapter or of the City Code or shall fail to comply with any of the requirements set by the Code Enforcement Officer or Building Inspectoror P&Z Inspector shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
47.1240. Disclaimer clause. This Subchapter and the Electrical Code shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling, or installing any electrical wiring and electrical systems for damage caused by any defect therein or negligence of such person. The City of Holts Summit and any of its inspectors, agents, or employees, including, but not limited to the Code Enforcement Officer, shall not be liable to any party by reason of any inspection or actions provided for or taken, or inaction, pursuant to this Chapter.
47.1245. Severability. The Board of Aldermen hereby declares that, should any section, paragraph, sentence, or provision of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Aldermen that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.