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HomeMy WebLinkAboutOrdinance No. 620ORDINANCE AN ORDINANCE ESTABLISHING CURB CUT R£GULATIONS; PROVIDING OT~ER ~AT~ER PROPERLY RELATED THERETO~ PROVIDING PENALTIES FOR THE VIOLATION HEREOF ANO REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, ~ONTANA: The purpose of this Chapter is to standardized regu- late, and control the location, size, type, construction, maintenance, and quantity of curb cuts, driveway aprons, and sidemalk driveway crossings in the City from the stand- point of proper design, safe and efficient entry to and exit from city streets to private property, safety of vehicu- lar traffic in the streets, and safety of pedestrian traffic on the sidewalk area. DEFINITIONS For the purpose of this Chapter, the following defini- tions shall apply: "Orivemay ~idth" shall mean that portion of the street curbing that is removed excluding curb returns or transitions to provide ingress to and egress from abutting property. ~ (B) "Curb Cut', shall mean the total street curbing that is removed to place a driveway and slopes. (C) "Curb Return" shall mean the curved portion of e street curb at drive approaches. (D) "Drivemay" shall mean that area on private pro- perty mhere vehicles are operated, parked, or allomed to stand. (c) "Driveway Apron" shall mean the area, construction or improvement between the curb cut or proposed curb line and the back edge of malk or proposed malk line, to provide ingress and egress for vehicles from the alley, street, or roadmay to a definite area of the private property. (F) "Right-of-Way" shall mean public property dedicated for streets, alleys or other public uses. -(q)"Sidewalk" shall mean that portion of a street betmeen curb lines or the outer lateral lines of a roadway~ and the adjacent property lines, intended for use of pedestrians. (.) "Traffic" shall moan podostrians, vehicles, and other convoyances, either singly or together, mhilo using any stroet, alley or roadmay for purposes of travel. "street" shall moan tho ontiro midth betmaen the boundary lines of tho right-of-may publicly main- tained mhen any part thoraof ia open to the usa of tho public for purposes of vehicular travel. (a) · "Roadmay" shall mean that portion of a street improvod, dosignsd, and customarily used for vehicular travol, exclusive of tho berm or ahouldor. (K) "Alloy" shell moan a narrow public thoroughfare, providing access to the rears of the abutting properties. (L) "Intoreection" Shall mean the area embracod mithin the prolongation or connoction of tho latoral curb lines, or if none, thon the lateral boundary lines of tho roadmays mhich join each other at, or approximately at, right angles, or the area within mhich vehicles traveling upon different roadways joining at any other angle may come in conflict. "Parson" shall mean every natural person, firm co-partnerohip, association or corporation. (N) 'tTransitiona" shall mean the three-foot ramp sections along the street curb on each side of a drivomay apron. It shall be unlemful for any person either as owner, agent, servant, contractor, or employoe to cut, break, remove or alter any curbing, drivemay apron, or sidewalk or cause to have cut, broken or removed any curbing, driveway apron, or sidsmalk, or to install or cause to have installed any driveway, or any vehicular access, on any public right-of-way in the City without a pormit. Permits shall be issued only to properly licensed and bonded contractors by the City Building inspector/City Engineer after payment of fees es provided for in this section. At the time the.permit application is made, the City Building Inspector/Czty Engineer shall be advised of any parking meters, traffic or street signs, signal poles, street light poles, fire plugs, trees, or obstructions that mill be affected by the placement or removal of the drivemay or sidemalk. CONSENT OF PROPERTY OWNER REQUIRED Before a permit is granted for the removal of the curb and/or the construction of a driveway on any street, the applicant'?or th~ driveway permit mu~t produce evidence satisfactory to the City Building Inspector/City Engineer to show that the construction of such driveway is agreeable to and in accordance with the desire of the owners of the pro- party to which such driveway will be entrance. FEES Permit, the City in inspection and service fees shall be charged by accordance with their current standards and fees. CITY TO FURN~H.INSPEC~Q~ The City Building Inspector/City Engineer shall furnish an inspector to inspect every piece of curb, driveway and driveway apron to be constructed, whose duties shall bs to check the forms for alignment, grade and materials and to sss that the work is done in accordance with the specifica- tions of the City at the time of the issuance of the permit. The City Building Inspector/City Engineer shall be notified at least twenty-~our (24) hours in advance of the time ~han the work is proposed to bs started. ALLO~ABLE CURB_C~! In single-family residential zoned districts, the maximum driveway width shall be twenty (20) feet and shall be located in accordance with City specifications or drawings. (B) In any multi-family ~nd professional zoned districts, the maximum driveway ~idth shall not exceed twenty- four (24) feet and shall be located in accordance with City specifications or drawings. The minimum distance between curb cuts shall ba t~snty-fiva (25) fast. (c) In any commercial and industrial zoned districts, the maximum driveway width shall be twenty-four (2~) feet except driveway widths for service stations and trucking businesses may be Up to forty (40) feet when approved by the City Building Inspector/City Engineer, and shall bs located in accordance ~ith City specifications and drawings. The minimum distance between curb cuts shall be twenty-five (25) feet. (D) In any allowable location, no driveway width shall be less than t~elve (12) feet wide. Frontagas of sixty (60) fact or less shell be limitad to one (1) driveway. Not more than two (2) driveways shall be provided to any single property tract or business establishment, except mhare the property frontage exceeds six-hundred feet, thara may be one (1) additional dr£vamay for each additional thrae-hundred (300) feat of frontage. Every curb cut and drivemay apron constructad or altered in the street right-of-may shall conform to the folloming regulations: No drivemay apron shell be constructed closer than five (5) feet from the side propsrty linc'or as may bs regulated by City specifications in effect at the time of such murk. (a) No drivemey apron shall be closer than riva (5) feet to, nor shell it be so located as to inter- fare with, intersecting sidewalks, utility facili- ties, light standards, fire hydrants, catch basins, street signs, signals or other public improvements or installations. (c) Any necessary adjustments to such utility facilitias, light standards, fire hydrants, catch basins, strsat signs, signals, underground conduits far street lighting or fire alarm systems, or other public improvements or installations shall be accomplished mithout cost to the City. (o) No curb cut shall be made bstmeen the points of curvature of any curb radius et intersections nor closer than ten (lC) feet from the said points of curvature. No curb cut or drivemay apron shall be locatad so as to create a hazard to pedestrians or motorists, or to invite or compel illagal or unsafe traffic movemants. (F) Every curb cut and/or drivsmay apron must provide complete access to a parking space, building or loading dock on private property requiring the entrance of vehicles. In any commercial, professional, and industrial zone, driveways shall bs designed such that vehicles antering or egressing shall not be required to back from or into a street right-of-may. (H) (K) (L) (m) (N) (o) All curb cuts and driveway aprons are to be con- structed of Portland cement concrete of a quality and type as speci?ied by the City Building Inepector/ City Engineer, and in accordance with City apscifi- cations in effect at the time of such work. Curb cuts shall be permitted only with construction of adjoining Portland cement co~Frete aprons having a minimum depth of five (5) ~he8 ~. All work shall be done under the supervision of the City Building Inspector/City Engineer, end in accordance with City specifications in effect at the time of such work. The licensed and bonded contractor or his agent doing the construction or aiteretion work ~heii maintain the premises in a safe manner end cheil provide adequate barricades and iighte at hie own expense to protect the safety of the pubIic using the adjacent streets or eidewaiks, and shaII hoid the City free from any damages incurred by his operations. The angle between any driveway apron and the street and/or curb line shall be go degrees to the street tangent ar on e radial line to the street curve. The two side borders of each driveway apron between the curb line and property line shall be parallel. City street right-of-way shall not be used for pri- vate commercial purposes. A permit for the construc- tion of a curb cut driveway shell not be issued unless vehicles which will use said driveway can be parked entirely within the private property lines. Any curb cut or ~riveway apron which has become abandoned or unused through a change of the condi- tions for which it was originally intended shall be closed and the owner shall replace any such curb cut and/or driveway apron with a standard curb and sidewalk (if necessary) to be constructed accord~ ing to the City specifications in effect at the time of such work. In the event the owner does not make such replacement within sixty (60) days after notice, the City may do so at the expense of said owner. Driveways serving facilities that will generate 500 or more vehicle trips per day may, after review and recommendation of the City Building Inspector/ City Engineer and the City/County Planning Board, be classified and constructed as a street inter- section. A complete design of the intersection shall be submitted to the City Building Inspector/ City Engineer before a permit is issued. Approval of this type entrance may be contingent upon the applicant installing traffic control devices at his sole expense. This type of entrance shall bs included in calculating number, spacing, or any other requirement pertaining to drivamays as specified herein. RESTRICTION..~~ In addition to the General Regulations prescribed hersin, curb cuts and driveway aprons to be constructed or altered in districts must conform to the folloming: Where a property abuts more than one city street, the maximum curb cut permitted on each street shall be considered separately and shall be governed by the frontage of the property on that street. Two or more curb cuts serving the same property must be separated by islands with full height curb not less than twenty-five (25) feet long. (c) ~here a property width is sixty (60) feet or less, joint curb cut with an adjoining property of sixty (60) feet or less may be constructed at a maximum width of twenty-eight (28) feet. Both property owners must be in agreement to a joint curb cut and must submit a written agreement to the City Building Inspector/City Engineer. D Ey_I AT_]: 0 N Permissien to deviate from the requirements and regula- tions of this Chapter shall be granted by the City Council only where unusual conditions ar strict adherence to this Chapter would cause undue and extreme hardship. (A) If any one or more sectiona,.eentenoes, clauses or parts of this ordinance shall, for any reason, be questioned or be held invalid, such judgement ahalI not affect, impair or invaIidete the remain- ing provisions of this ordinance, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this ordinance so held unconstitutional and invalid and the inappli- cability and invalidity of any section, sentence, clause or part of this ordinance, in any one or more instances shall not affect or prejudice in any way the applicabiiity and vaIidity of this ordinance in any other instance. Any person~ firm, or corporation violating any of the provisions of this ordinance shall, upon con- viction thereof, be punished by a fine of not mere than ~500.00 and/or imprisonment in the City 3ail for not more than six (6) months, or any combina- tion of such fine and imprisonment. Every day of such violations shall constitute a separate offense. (c) All ordinances or parts of ordinances, sections, subsections, phrases, clauses, sentences or p~regraphs contained in the Municipal Code of ,the City of Laurel, montana, in conflict herewith are hereby repealed. ATTEST: Passed by the City Council and approved by the Mayor this ~b day of __Ootobe~ ., 1976.