CHAPTER XVII. STREETS AND SIDEWALKSCHAPTER XVII. STREETS AND SIDEWALKS\ARTICLE 2. STREET CURB CUTS & DRIVEWAY APPROACHES

For the purpose of this ordinance, the following definitions shall apply:

(a)   Applicant - The applicant for a driveway approach permit shall be the property owner, his agent or a General Contractor licensed to do business in the City of Andover.

(b)   Corner - The point at which the face of the curbs, or the edge of pavements in the case of streets without curbs, would intersect if extended into the street intersection.

(c)   Curb Return - That portion of a curb next to a street, alley or driveway approach which includes the radius of curvature to connect the two intersecting traffic ways.

(d)   Curb Transition - That portion of a curb on each side of a driveway approach which slopes from full height to meet the gutter grade and which connects the driveway approach to the street curb.

(e)   Driveway - A place on private property for the operation and/or parking of automobiles and other vehicles.

(f)   Driveway Approach - An area constructed between the roadway of a public street and private property intended to provide access for vehicles from such roadway to private property. For convenience and safety the minimum width of the driveway approach shall be not less than 12 feet when measured form the lowest ends of the transition curbs.

(g)   Driveway Approach, Commercial - A driveway approach providing ingress and egress to any property other than residential property.

(h)   Driveway Approach, Residential - A driveway approach providing ingress and egress to any single or two-family residential property.

(i)    Person - Every natural person, firm, partnership, association or corporation.

(j)    Sidewalk Line, Front - A line parallel with the property line along the edge of the sidewalk nearest the street roadway or curb; or where no sidewalk exists, a line within the street right-of-way parallel to and at least five feet from the property line.

(k)   Residential Property - Any property zoned and occupied by residential structures containing not more than two dwelling units as defined by the Building Code.

(Code 2011)

(a)   All driveway approaches along any State Highway connecting link within the City shall conform to the Driveway Policy of the Bureau of Traffic Engineering, Kansas Department of Transportation as administered by the City of Andover.

(b)   It shall be unlawful for any person to cut, break out or remove any curb along a street or alley without first obtaining a permit for a driveway approach as hereinafter provided. Further, it shall not be permissible to construct a curb cut unless a driveway approach is constructed at the same time.

(c)   It shall be unlawful to construct, alter or extend any driveway approach without first obtaining a permit for the work as hereinafter provided.

(d)   It shall be unlawful to construct, reconstruct or alter any without first obtaining a permit for the work as hereinafter provided.

(e)   Driveway approaches to adjacent properties or to a property and an alley shall be separated by a section of full height curb having a length of not less than six inches, unless agreed to in writing by both abutting owners or by the abutting owner and the Director of Public Works in the case of a property and an alley.

(f)   The length of driveway curb cuts permitted for the construction of driveway approaches shall not exceed the following dimensions:

(g)   Each single parcel shall be entitled to a minimum 12 foot wide driveway approach. Such approach width shall not include the additional curb to be removed for the curb return or the transition curb used to make the change from full height curb to the gutter grade in the driveway approach.

(h)   Where a driveway approach in excess of 12 feet is requested for a single parcel, the maximum widths and spacing shall meet the Kansas Department of Transportation Driveway Policy Specifications as follows:

BASIC DRIVEWAY DIMENSIONS

& REQUIREMENTS

FOR BOTH CURBED

& NON-CURBED HIGHWAYS

Dimension

Reference

Urban

Rural

Residential

& Field

Commercial

Industrial

Residential

 & Field

Commercial

Industrial

WIDTH

Minimum (a)

Maximum

W

 

12

30

 

12

36

 

20

40

 

12

30

 

16

40

 

20

40

APPROACH RADIUS

Minimum

Maximum (b)

R

 

 

5

15

 

10

20

 

15

25

 

10

25

 

15

50

 

25

50

INSIDE RADIUS

Minimum

Maximum

I

 

2

10

 

2

10

 

5

10

 

2

10

 

2

10

 

5

10

MINIMUM SPACING

Edge Clearance

Intersection Tangent

Intersection Clearance

Safety Tangent

Safety Island

Between Tapers

Property Clearance

Driveway Spacing

 

P

C

M

S

D

H

U

F

 

5

5

30

5

20

N/A

 

10

10

30

5

20

50

 

=R

10

40

5

20

50

 

10

10

30

N/A

40

N/A

 

20

15

40

N/A

40

50

 

=R

25

50

N/A

40

50

See Sheet No. 23 of the Kansas Department of Transportation Driveway Policy Specifications

ANGLE

Minimum

Maximum

Y

 

45°

90°

 

45°

90°

 

45°

90°

 

45°

90°

 

45°

90°

 

45°

90°

RESTRICTED AREAS

A

10

20

Or as determined by KDOT

BUILDING SETBACK

B

 

 

 

 

 

 

PUMP ISLAND SETBACK

G

N/A

12

N/A

N/A

15

N/A

SIDE SLOPE

V

As determined by KDOT

FLARED LANE WIDTH

L

See Sheet No. 58 of the Kansas Department

of Transportation Driveway Policy Specifications

TAPER LENGTH

Used with flared lane

Used with turning lane

T

See Sheet No. 58 of the Kansas Department

of Transportation Driveway Policy Specifications

See Sheet No. 61 of the Kansas Department of

Transportation Driveway Policy Specifications

DECELERATION LANE LENGTH

E

See Sheet No. 61 of the Kansas Department of

Transportation Driveway Policy Specifications

N/A = NON-APPLICABLE

1.    Minimum widths shown generally apply to one way driveways.

2.    Maximum radii may be increased to accommodate the wheel-path of semi tractor trailer vehicles.

(i)    Location. The location and design of approaches shall be in accordance with the Kansas Department of Transportation Driveway Policy as implemented by the Director of Public Works.

(Code 2011)

Any person desiring to construct, alter or extend a driveway approach across any curbing, parking, sidewalk or sidewall space, shall first make application to the Director of Public Works for a permit therefor. Said application shall be in writing upon a form provided by the City and made available at the Director of Public Works's office. The application shall show the type of construction, the width of the proposed driveway approach, drainage structures or culverts, if any, including size and length, location of driveway approach by lot and block number and addition or plat name, as well as by street and house number and shall also include a drawing to scale which also shows any adjacent driveway approaches within 25 feet of that proposed and such other information as may be required. The application shall be filed by the property owner or the agent of the owner desiring to construct said driveway approach.

(Code 2011)

(a)   Except as provided for herein, no person other than authorized City employees shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application for such permit shall be made to the Director of Public Works.

(b)   This provision shall not be applicable to normal landscaping activities involving the installation of lawn irrigation systems, planting of flowers, shrubs, or trees or the placement of mailbox posts to a depth of 24 inches and shall not be applicable to such excavations as the Director of Public Works determines unlikely to cause damage to public improvements.

(Code 2011)

(a)   No permit authorized in this article shall be used until the applicant has given to the City a good and sufficient bond or other surety approved by the Director of Public Works conditioned that the applicant will faithfully comply will all their terms and conditions of this article, and will indemnify and hold the City harmless against all costs, expenses, damages and injuries by persons or by the City sustained by reason of the carelessness or negligence of the permit holder. No surety for this purpose shall run for longer than two years without being renewed. The surety shall remain in full force and effect as to each excavation for two years after the same has been made or completed.

(b)   Any utility operating under a franchise or a contractor under contract with the City for municipal improvement shall not be required to give bond as provided in Section (A).

(Code 2011)

If the application is approved by the City, the City Clerk shall issue a permit upon payment of a fee of $40.00. Each permit issued under the provisions of this section shall cover only one specified excavation. Any contractor under contract with the City for the construction of municipal improvements shall be exempt from the payment of the inspection fee provided for herein.

(Ord. 1014)

Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at night time. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to completion of the same.

(Code 2011)

It shall be unlawful for any person, except those having authority from the City or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto.

(Code 2011)

(a)   No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the City for any purpose without first obtaining a permit authorizing the same from the City Clerk.

(b)   Once the work for which the excavation was made has been completed the City shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person for whom the excavation was made.

(c)   In lieu of the City replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the Director of Public Works.

(Code 2011)

No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the City unless such change or alteration has been authorized or directed by the Director of Public Works.

(Code 2011)

A permit shall be issued by the Director of Public Works after it has been determined that the applicant has complied with the terms of this ordinance and paid the permit fee hereinafter specified.

(Code 2011)

The fees for permits for the construction of driveway approaches provided for herein shall be set by resolution of the Governing Body and may be modified from time to time as they deem necessary.

(Code 2011)

All work done under a permit issued in compliance with this ordinance shall be inspected by the Director of Public Works or his representative.  A permit issued under the provisions of this ordinance may be revoked at any time the Director of Public Works is satisfied that the work is not being performed according to the provisions hereof.

(Code 2011)

In addition to the rules, regulations and specifications promulgated by the Director of Public Works with respect to driveway approaches, the following requirements shall be met in all work done under the provisions of this ordinance.

(Code 2011)

(Code 2011)

(a)   For streets with sidewalks set back from the curb, the driveway approach shall slope upward at a minimum slope of not less than 1/4 inch per foot nor more than a maximum 10% slope from the gutter grade to an elevation equal to the elevation of the top of the curb plus an added rise equal to 1/4 inch per foot to the front sidewalk line.  The driveway approach at the rear sidewalk line shall be at an elevation 1/4 inch per foot higher than the front sidewalk line.

(b)   For streets with the front sidewalk line at the curb line, the driveway approach shall start at gutter grade and slope upward to an elevation equal to the top of curb grade plus 1/4 inch per foot to the back of the sidewalk.

(c)   For all streets, the driveway approach shall slope upward from the rear sidewalk line to the property line at a minimum slope of 1/4 inch per foot and a maximum slope of 10%.

(d)   In the case where the lot or building site lies at a lower elevation than the street grade, the requirements of 7.1.1.a., b., and c. shall be fulfilled before the driveway may slope downward into the lot.

(Code 2011)

Failure by or inability of the City to establish street or sidewalk grades shall not constitute liability for the City in the event future development or events require a change in a street grade or elevation which may require the reconstruction of any existing driveway approach to comply with the provisions of 7.1.1 and 7.1.2 hereinabove.

(Code 2011)

No curb cuts shall be made beyond any property line as projected except when consented to, in writing, by the adjoining property owner involved.

(Code 2011)

All curb returns, curb island, structure setbacks and transition curbs shall be constructed according to specifications provided by The Kansas Department of Transportation Driveway Policy shall be used with exceptions as authorized by the Director of Public Works and which are available at the Director of Public Works's office.

(Code 2011)

The owner or his contractor shall protect the public from injury or damage during the construction of driveway approaches by providing barricades, flashing lights and other devices to properly secure the work area within the street right-of-way, and which are substantially in conformance with the “Manual of Uniform Traffic Control Devices.”

(Code 2011)

On all driveway approaches on streets with curbs the following shall apply:

(a)   Residential driveway approaches shall be paved with a minimum of 6” of portland cement or 4” asphaltic concrete from the back of the gutter to the property line, including the sidewalk area. If circumstances are such that reinforcing is required, the Director of Public Works may require the use of reinforcing.

(b)   Commercial driveway approaches shall be paved with a minimum of 8” of reinforced portland cement or asphaltic concrete from the back of the gutter to the property line, including the sidewalk area. The minimum allowable reinforcing in portland cement concrete shall be 6” x 6” #6 welded wire fabric. The Director of Public Works may require additional concrete thickness and additional steel reinforcement when the driveway approach will serve heavy truck traffic.

(c)   The entire length of curb, including transition curb at edges of all driveway approaches, shall be removed to a sawcut or existing joint. The replacement gutter shall be reinforced with a minimum of two bars of 1/2 inch reinforcing steel on 24” centers. Dowels shall be inserted into the existing curb at each end of the curb cut a minimum of 6 inches to provide load transfer. Dowels shall be long enough to provide a lap not less than 20 bar diameters.

(Code 2011)

On all driveway approaches on streets without curbs and where street grades have not been established, both residential and business driveway approaches shall be paved or surfaced with either an asphaltic surfacing over an adequate base or with portland cement concrete as approved by the Building Inspector. Where street grades have been established, driveway approaches shall be constructed as specified in Section 7.6.1 a., b., and c.

(Code 2011)

On streets without curbs and where street or roadside ditches exist, drainage structures or culverts having a minimum length of at least 5 feet longer than the width of the driveway approach at the location of the culvert shall be provided by the applicant. The culvert length may be decreased by the construction of headwalls which meet the approval of the Director of Public Works. The size of such drainage structures or culverts shall be determined by the Director of Public Works and shall in no case be less than 12 inches in diameter or have an equivalent end area.

(Code 2011)

Every driveway approach or entrance, and any related drainage structure or culvert shall be maintained and kept in a safe condition by the owner of the abutting property or by his agent, and any such driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by such street or ditch or the use of such street for the purpose of travel shall be repaired or replaced to conform with the specifications of this ordinance or shall be removed. Upon the removal of any such driveway approach, that portion of the street and any related ditches shall be restored as nearly as practicable to its former condition. All curbing and/or ditches shall be replaced by and at the expense of the owner of the abutting property. Should the abutting owner fail to comply with these provisions, the City may do the work by force account or by contract and place a lien against the abutting property for the cost of the work including engineering and administrative costs.

(Code 2011)

The Director of Public Works is hereby authorized to grant in writing variances from the strict provisions of this ordinance, provided that the Director of Public Works first determines that the following conditions are present:

(a)   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.

(b)   That the exception or variance desired is not against the public interest, particularly safety, convenience and general welfare.

(c)   That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.

(Code 2011)

Any person, firm or corporation convicted of violating any of the provisions of this ordinance, or causing, permitting or suffering the same to be done, shall be subject to a fine of not less than $50.00 nor more than $500.00. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(Code 2011)

That any provision of this Ordinance which shall be declared to be invalid shall not affect the validity and authority of any other sections of this Ordinance.

(Ord. 659)