Article 3. Sidewalk Construction and Curb Cuts

11.3.1.     Definitions.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this Article, have the meanings indicated in this Article:

Driveway means a place of private property for the operation of automobiles and other vehicles.

Driveway Approach means an area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property. For clarification, a driveway approach must provide access to something definite on private property such as a parking area, a driveway, or a door at least seven feet wide, intended and used for the entrance of vehicles.

Outside Sidewalk Line means a line parallel to the property line lying along the edge of the sidewalk nearest the street roadway or curb; or where no sidewalk exists, a line in the street right of way parallel to and four feet from the line of the private property.

Corner means the point of intersection of the lines of two street curb faces extended into the street intersection.

Curb Parking Space means a length of curb equal to twenty feet where an automobile or other vehicle can park.

Curb Return means the portion of a curb next to a driveway approach which includes the radius of curvature, or the ramp-type lug on commercial or industrial type pavements and which connects the driveway approach to the street curb.

Parcel of Land means a lot or tract of land officially registered under one ownership.

(Ord. 60)

11.3.2.     Cutting, breaking or removing of curb.

It shall be unlawful for any person to cut, break out or remove any curb along a street or alley except as authorized by this Article.

(Ord. 60)

11.3.3.     Approaches used as parking spaces.

It shall be unlawful for any person to construct, alter or extend, or permit or cause to be constructed, altered or extended, any driveway approach which can be used only as a parking space or area between the curb and private property.

(Ord. 60)

11.3.4.     Construction.

All public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs and sidewalks constructed in the city shall be of concrete unless otherwise ordered by the City Council and shall be constructed according to specifications on file in the office of the City Clerk for the purpose of giving the city, through its proper officers, supervision over the construction of such public sidewalks, curbs, gutters and driveways cutting or passing over such curbs and sidewalks.

(Ord. 60)

11.3.5.     License required.

Every person, before constructing any public sidewalk, curb, gutter or driveway cutting through or passing over a sidewalk or curb, or before removing any curb or sidewalk for the purpose of constructing a private driveway within the corporate limits of the City of Bel Aire, Kansas, shall be required to obtain a license from the City Clerk or the City Clerk’s designee's authorizing the licensee to engage in such work for a period of up to three (3) months.

(Ord. 378)

11.3.6.     License fee.

The City Clerk or the City Clerk’s designee's shall collect a fee for said license, pursuant to a fee schedule enacted by Resolution of the Governing Body of the City of Bel Aire, Kansas.

(Ord. 378)

11.3.7.     Qualifications of applicant.

Before a license shall be granted by the City Clerk or the City Clerk’s designee's, under the provisions of this Article, the person applying for the same shall show, subject to the rules and regulations to be furnished by the City Engineer, that he or she is skilled in the art of laying public sidewalks, curbs and gutters and cutting through such curbs and sidewalks.

(Ord. 378)

11.3.8.     Bond required.

Before a license shall be granted by the City Clerk or the City Clerk’s designee's, the applicant shall have filed with the City Clerk a surety bond in the amount of Two Thousand Dollars ($2,000.00), which shall be approved as to form by the City Attorney. The condition of such bond shall be that the contractor shall comply with all the ordinances of the City relating to and regulating the construction of all public sidewalks, curbs, gutters and private driveways cutting through or passing over curbs or sidewalks, and hold and save the city harmless from any and all damage to persons or property resulting from or growing out of any opening or excavation made, material stored or placed upon any operation in any street, alley or public property or from any other action by the contractor.

(Ord. 378)

11.3.9.     Permit required to construct.

Before any licensee shall engage in the construction of any public sidewalk, curb, gutter or driveway cutting through or passing over a sidewalk or curb within the corporate limits of the City of Bel Aire, Kansas, he or she shall first obtain a permit from the City Clerk or the City Clerk’s designee's authorizing such work. Such permit shall state the location of the sidewalk, curb, gutter or driveway to be constructed, widened, replaced or removed.

(Ord. 378)

11.3.10.     Permit fee.

The City Clerk or the City Clerk’s designee's shall collect a fee for said permit, pursuant to a fee schedule enacted by Resolution of the Governing Body of the City of Bel Aire, Kansas. Widening or replacement of existing drives shall be considered as a new driveway in the assessing of fees.

(Ord. 378)

11.3.11.     Refusal of permits.

The City Clerk shall refuse permits to contractors who fail or refuse to obey all reasonable rules and regulations necessary in the enforcement of this Article.

(Ord. 60)

11.3.12.     Effect of granting permit.

The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of any violation of this Article.

(Ord. 60)

11.3.13.     Maximum width of approaches.

No driveway approach shall exceed thirty feet in width as measured along the outside sidewalk line.

(Ord. 60)

11.3.14.     Parking spaces between approaches.

Where more than one driveway approach on a street front serves a single parcel of land, there shall be at least one curb-parking space between driveway approaches.

(Ord. 60)

11.3.15.     Sides, edges or curbs to be right angles.

The sides, edges or curbs of driveway approaches shall be at right angles to the street curb.

(Ord. 60)

11.3.16.     Maximum width of curb cut.

For the purpose of constructing a driveway approach, no curb cut, opening or section broken out or removed shall exceed fifty-two feet (52').

(Ord. 60)

11.3.17.     Driveway approach distance.

No portion of a driveway approach, except the curb return, shall be constructed within eighteen feet (18') of a corner, and in no case closer than two feet (2') to the property line extended.

(Ord. 60)

11.3.18.     Curb return radius.

The radius of curvature of the curb return shall not exceed the distance between the curb and the outside sidewalk line.

(Ord. 60)

11.3.19.     Interference with street structures.

No driveway approach shall interfere with municipal facilities such as street-lighting poles, traffic- signal standards, signs, catch basins, hydrants, crosswalks, city utilities, utility poles, fire-alarm supports, underground pipes or ducts or other necessary street structures.

(Ord. 60)

11.3.20.     Removal by city.

The City Engineer is authorized to order and effect the removal or reconstruction of any driveway approach which now conflicts with street structures or city utilities or which will conflict with street structures in the future.

(Ord. 60)

11.3.21.     Removal cost.

The cost of removing or reconstructing or relocating such driveway approaches shall be at the expense of the abutting property owner.

(Ord. 60)

11.3.22.     Location and grade.

All sidewalks shall be constructed at the location and grade established by the City Engineer.

(Ord. 60)

11.3.23.     Acceptance of work.

Every contractor or other person constructing public sidewalks, curbs or gutters or private driveways shall notify the City Clerk or the Clerk's authorized agent when the concrete is to be poured so as to give the Clerk ample time to make the inspection before the concrete sets. If upon investigation and inspection by the City Clerk, or his agent, he finds that the public sidewalk, curb, gutter or driveway across the parking of the street is not according to the specifications provided for in the construction of such sidewalk, curb, gutter or driveway, he may refuse to accept and approve the work and require that any errors in the construction be corrected at once and before the acceptance of the work.

(Ord. 203)

11.3.24.     Inspection specifications.

The sidewalk inspector designated by the City Clerk shall make the inspection of sidewalks, curbs, and gutters and private driveways as provided for in this Article shall be made according to the rules and specifications furnished him by the City Engineer.

(Ord. 203)

11.3.25.     Sidewalk repair.

It shall be the duty of the owner of the abutting property to keep the sidewalk in repair. When it becomes known to the City Clerk or City Sidewalk Inspector, by personal observation or citizen complaint, that a sidewalk or a portion thereof, has been damaged or deteriorated to the extent it is unsafe or creates a nuisance, said City Clerk or City Sidewalk Inspector shall provide the abutting landowner written notice of the sidewalk defect. Said written notice shall apprise the abutting landowner of his duty to repair the sidewalk to the standards provided herein, and provide a reasonable time based upon current weather conditions, for said owner to make the necessary repairs and have said repairs inspected by the city. Said notice shall further inform the abutting landowner of the city's right to repair said sidewalk defects if said landowner fails to make the necessary repairs within the time provided.

(Ord. 203)

11.3.26.     Repair by city.

If the abutting landowner fails to make the necessary sidewalk repairs within the time provided in said notice, the city shall make the necessary repairs with city staff or an outside contractor and bill the abutting landowner for all costs incurred in said repairs. Should said bill remain unpaid for thirty (30) days, the city may exercise all options available under the law to collect said bill including certifying said amount to the County Clerk to be collected as a tax assessment pursuant to K.S.A. 12-1808.

(Ord. 203)

11.3.27.     Referral.

Any plans submitted to the City Clerk for approval which include or involve unusual driveway approaches or problems, shall be referred by the City Clerk to the City Engineer for his approval before a permit is issued.

(Ord. 60)

11.3.28.     Variances.

The City Engineer is hereby authorized to grant, in writing, variances from the strict application of the provisions of this Article, provided, that the City Engineer first determines that the following conditions are present:

The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation on the abutting property.

The exception or variance desired is not against the public interest, particularly safety, convenience and general welfare.

The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.

The strict application of the terms of this Article will work unnecessary hardship on the property owner or tenant.

(Ord. 60)

11.3.29.     Appeals.

Any decision by the City Engineer either granting or refusing to grant variances to the strict application of this Article may be appealed in writing to the City Administrator by the party adversely affected, provided such appeal is filed in writing with the City Clerk within twenty (20) days after the issuance of said decision or action.

(Ord. 60)