News Releases

10/6/2015 - Ordinance No. 15-10805 Right-of-Way Concrete Code Amendment
ORDINANCE NUMBER 15-10805

AN ORDINANCE AMENDING CHAPTER 35, ARTICLE VI AND CHAPTER 31 ARTICLE VII.  DIVISION 1. OF THE SALINA CODE PERTAINING TO CONCRETE WORK AND REPAIRS IN CITY RIGHTS-OF-WAY AND REPEALING EXISTING CHAPTER 35, ARTICLE VI OF THE SALINA CODE AND CHAPTER 31 ARTICLE VII.  DIVISION 1.

Section 1.  Amendment.  Chapter 35 Article VI and Chapter 31, Article VII, Division 1. of the Salina Code are amended and restated, in its entirety, as follows:
ARTICLE VI.  DRIVEWAYS AND SIDEWALKS
DIVISION 1.  GENERALLY
Sec. 35-121.  Definitions.
The following wordsk and phrases, when used in this article, shall have the meanings respectively ascribed to them:
(1)    Contractor means a sSpecialty right-of-way contractor licensed by the city to perform concrete construction within the public right-of-way as set forth in Chapter 8, Article III, Division 2 of this code.
(2)    Corner means the point of intersection of the property lines of a corner lot where two (2) streets intersect.
(3)    Curb parking space means a length of curb equal to twenty-two (22) feet where an automobile or other vehicle can park.
(4)    Curb return means that 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.
(5)    Driveway means a place on private property for the operation of automobiles and other vehicles.
(6)    Driveway approach means an area, construction or facility between the roadway of a public street and 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 (7) feet wide intended and used for the entrance of vehicles.
(7)    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 six (6) feet from the line of the private property.
(8)    Parcel of land means a lot or lots, or tract officially registered under one ownership.
Sec. 35-122 Permit Required.
It shall be unlawful for any person to construct, reconstruct or rebuild any sidewalks, driveway approaches, curbing, guttering or any other concrete work within a right-of-way, unless such person has made application to the city engineer and obtained a right-of-way concrete permit.



Sec. 35-123 Exemptions from Right-of-Way Concrete Permit.
The following work shall be exempt from the right-of-way concrete permit requirements:
(1)    Work performed by any person working upon right-of-way adjoining any premises owned by an agency of the state or federal government;
(2)    Work performed by any person employed by the city as a part of their assigned job duties.
(3)    Work for the city under a contract with the city and for which regular performance, maintenance and statutory bonds are required by the city and furnished by the contractor for the specific work covered by any such contract.
Sec. 35-124.  Fee.
The fee for issuance of a permit under this division shall be as prescribed in section 2.2.
Sec. 35-125.  Permit application.
Any person desiring to obtain a right-of-way concrete permit shall submit to the city engineer, in writing on a form approved by the city manager and provided by the city engineer, all required information.  In addition, the applicant may be required to provide other pertinent information as the city manager or city engineer may reasonably deem necessary.  An application is considered complete when all materials necessary to make a determination on the application have been received.
Sec. 35-126.  Who must obtain permits.
The permit shall be obtained by the contractor or by the contractor's duly authorized agent desiring to construct the driveway approach or sidewalk.
Sec. 35-127.  Security required.
Before a permit shall be issued by the city engineer, the registrant shall file with the city clerk's office a corporate surety bond as outlined in Article XVII of Chapter 8.
Sec. 35-128.  License, security prerequisite to permit.
No permit required by section 35-12251 shall be issued to any person from whom a license and security is required until such license shall be issued and such security filed and approved.
Sec. 35-129.  Issuance.
Permits hereunder shall be issued by the city engineer if the city engineer has determined that the contractor has complied with the terms of this article and such rules, regulations and specifications of the city engineer as shall be on file in the office of the city engineer and in the office of the city clerk.
Sec. 35-130.  Term.
The right-of-way concrete work shall be completed within one hundred twenty (120) days after the date of issuance of a permit unless an alternate deadline has been specified by the city engineer as a condition of permit approval.


Sec. 35-131.  Specialty Right-of-Way Contractor License Required
It shall be unlawful for any person to either perform, cause to perform, or obtain permits for concrete work within a right-of-way, unless such person has been licensed by the city as a specialty right-of-way contractor for the type of work being done as set forth in Chapter 8 Article III Division 2 of this Code, subject to the exemptions set forth in Section 35-132???.
Sec. 35-132 Exemptions from Specialty Right-of-Way contractor licensing requirements.
The following work shall be exempt from the specialty right-of-way building contractor licensing requirements:
(1)    Permits obtained and work performed on right-of-way adjoining a residential lot of a single-family dwelling or a single family attached dwelling being occupied as the exclusive dwelling of the owner, when the owner personally purchases and installs all material used in the construction, and adheres to all other provisions of this code.  
(2)    Work performed by any person working upon right-of-way adjoining any premises owned and occupied by an agency of the state or federal government;
(3)    Work performed by any person employed by the city as a part of their assigned job duties.
(4)    Work performed by any person for the city under a contract with the city and for which regular performance, maintenance and statutory bonds are required by the city and furnished by the contractor for the specific work covered by any such contract.
Sec. 35-133.  Plans and specifications adopted; filing; amendments.
The city engineer is authorized to develop plans and specifications for sidewalks, driveway approaches, curbing and guttering and other concrete work within a right-of-way designated as "Specifications for Concrete Work" which shall be subject to approval by the governing body by resolution.
Sec. 35-134.  Supervision of work; rules; regulations authorized.
All work done under a permit issued in compliance with this article shall be under the direction and supervision of the city engineer in accordance with the Specifications for Concrete Work.
Sec. 35-135.  Notice of completion of work; inspection; disapproval and correction; license revocation.
The contractor shall notify the city engineer of the completion of any work for which a permit has been issued hereunder. If the city engineer shall, upon inspection of any such completed work, find that such work has not been done in conformity with the plans and specifications for such work or the provisions of this code, the city engineer shall have the authority to order any changes in such work which may, in the opinion of the city engineer, be necessary, or may order the same removed and reconstructed.
Sec. 35-136.  Compliance with plans and specifications.
All sidewalks, driveway approaches, curbing and guttering constructed, reconstructed or rebuilt in any of the streets or public grounds of the city shall be constructed of concrete in accordance with plans and specifications as to material and methods of construction to be furnished by the city engineer.
Sec. 35-137.  Maintenance required; removal and reconstruction.
Every driveway approach and recessed parking area shall be maintained and kept in a safe condition by the owner of the property served thereby, 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 the use of the street for the purpose of travel shall be repaired to conform with the specifications of this article and the rules, regulations and specifications of the city engineer or be removed.
The city engineer, or city clerk, after giving thirty (30) days' notice to the owner or his or her agent of the necessity therefore and failure of the property owner to perform said improvements may make all necessary repairs at any time. An account of the cost thereof shall be kept and reported to the governing body.
The city shall, by ordinance, levy a special assessment against the lot or piece of land so repaired for the cost of repairs, and if the abutting property owner does not pay the assessment within thirty (30) days, upon the city clerk mailing to the owner or his or her agent, if known, a printed or written notice of the amount of such repairs, the full amount shall be certified by the city clerk to the county clerk to be put on the tax rolls for collection like other taxes.
Sec. 35-1378.  Compliance with article required.
In addition to the rules, regulations and specifications promulgated by the city engineer with respect to driveway approaches or sidewalks, the following requirements shall be complied with in the work done under the provisions of this article.
Sec. 35-1389.  Approaches to be paved.
All driveway approaches shall be paved.
Sec. 35-13940.  Where driveway approaches prohibited.
It shall be unlawful for any person to construct, alter or extend, or permit to 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.
Sec. 35-1401.  Location of driveway approach.
No portion of a driveway approach, including the curb return, shall be constructed within six and one-half (6 1/2) feet of a corner.
Sec. 35-1412.  Width of driveway approaches.
No driveway approach shall be less than eight (8) feet nor more than thirty (30) feet in width at the outside walk line; provided, that the city engineer shall be empowered to grant special exceptions to the above and foregoing limitations. The granting or denial of such special consent by the city engineer shall be predicated upon the calculated additional hazard to the general public as a consequence of allowing such exception in each particular case.
Sec. 35-1423.  Distance between driveway approaches.
There shall be not less than one curb parking space between any two (2) driveway approaches located on any parcel of land.
Sec. 35-1434.  Location of sidewalks.
(a)    Sidewalks shall be property line sidewalks or curb sidewalks.
(b)    A property line sidewalk is one whose inside edge is one (1) foot from the adjacent property line; or, in business districts, at the property line.
(c)    A curb sidewalk is one abutting the curb or curbline.
(d)    When a sidewalk exists on one side of a street between two (2) adjacent streets that cross or intersect it or in the case of a dead-end street, from the last street to the end of the dead-end street, all new sidewalk construction shall be located to conform with the existing sidewalk location.
Sec. 35-1445.  Protection of public; nonliability of city.
The owner and contractor shall protect the public from injury and/or damage during the construction of driveway approaches or sidewalks and it is herein stipulated as an essential condition of the issuance of a permit that the city shall not be liable for damage which may arise from the prosecution of the work.

Sec. 35-1456.  Procedure for sidewalks on petition of property owners.
(a)    Whenever a petition signed by persons owning not less than fifty (50) percent of the real estate abutting the proposed sidewalk construction paying for the construction of a sidewalk or sidewalks in the area proposed, is filed with the city clerk, the board of commissioners may, in its discretion, by resolution, order such sidewalk or sidewalks constructed.
(b)    The cost of all sidewalks constructed under the provisions of this section shall be assessed to the property abutting on such sidewalks.
(c)    When a sidewalk or sidewalks has or have been constructed and where special assessments must be levied for the expense thereof, the board of commissioners shall, as soon as the cost is ascertained, levy an assessment against the lots or pieces of land chargeable therefore, by ordinance, and the property owner shall have thirty (30) days after the publication of the ordinance within which to make full payment of the assessment. The city clerk shall mail a notice not less than fifteen (15) days prior to the end of the thirty (30) days to the owner of the property as shown on the records of the office of the register of deeds, but failure of the owner to receive notice shall not affect the validity of the assessment. The board of commissioners may issue bonds in the manner provided in the general bond law to finance the unpaid balance of any such special assessments.
(d)    The assessment for construction of such sidewalks shall be levied as provided for in K.S.A. 12-1811, 12-1812 and 12-1814; provided, that temporary notes may be issued during the construction of such sidewalks and before the issuance of sidewalk bonds.
Sec. 35-1467.  Violations.
Any person, whether acting for himself or as the agent, representative, employee, officer or member of any corporation or copartnership, who shall construct, reconstruct or rebuild any of the work mentioned in this article in violation of the provisions hereof or contrary to the plans and specifications for such work as provided for herein or who shall do any such work without securing a permit thereof as herein required, or who, when required by this article, shall do any such work without securing the license and filing the bond or bonds required by this article, or who shall otherwise violate any of the provisions of this article shall be deemed guilty of a misdemeanor.
Secs. 35-1478--35-175.  Reserved.

Section 2.  Chapter 31, Article VII, Division 1 of the Salina Code is amended and restated, in its entirety, as follows:

Sec. 31-700.  Plans and specifications adopted; filing; amendments.
The city engineer is authorized to develop plans and specifications for sidewalks, driveway approaches, curbing and guttering and other concrete repair within a right-of-way designated as "Sidewalk and Driveway Repair Criteriaā€¯ which shall be subject to approval by the governing body by resolution.


Sec. 31-701.  Maintenance required; removal and reconstruction.
Every sidewalk, driveway approach or recessed parking area located with a public right-of-way shall be maintained and kept in a safe condition by the owner of the property served thereby, and any such sidewalk, driveway approach  or recessed parking area which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by such street or the use of the street for the purpose of travel shall be repaired to conform with the specifications of this article and adopted plans and specifications.
Sec. 31-702.  City Repairs.   
The city engineer, or city clerk, after giving thirty (30) days' notice to the owner or his or her agent of the necessity therefore and failure of the property owner to perform said improvements may make all necessary repairs at any time. An account of the cost thereof shall be kept and reported to the governing body.
Secs. 31-703--31-799.  Reserved.

Section 3.  Repealer.  That existing Article VI is hereby repealed.

Section 4.  Summary of ordinance for publication.  This ordinance shall be published by the following summary:
Ordinance No. 15-10805 Summary

On October 5, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10801.  The ordinance amends existing Chapter 35, Article VI and Chapter 31, Article VII, Division 1. of the Salina Code pertaining to concrete work and repairs in city rights-of-way and repealing existing Chapter 35, Article VI and Chapter 31m Article VII, Division 1 of the Salina Code.  A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.  This summary is certified by the city attorney.

Section 5.  Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.

                                Introduced:      September 21, 2015
                                Passed:    October 5, 2015


                                Jon R. Blanchard, Mayor
[SEAL]
[ATTEST]


Shandi Wicks, CMC, City Clerk



Certification of Publication Summary:


_______________________________
Greg A. Bengtson, City Attorney