Chapter 703 Use and Regulation of Public Ways
SECTION:
703.01: Purpose and Intent
703.02: Permit Requirements
703.03: General Requirements
703.04: Driveway and Parking Lot Standards
703.05: Bus Benches in Right of Way
703.06: Newspaper Vending Machines
703.07: Newspaper Receptacles
703.08: Street Name Signs
703.09: Administration
703.10: Obstruction Prohibited
703.01: PURPOSE AND INTENT:
The purpose of this chapter is to control the location of curb cuts and driveways in order that traffic hazards be reduced, adequate street drainage be maintained and that ingress and egress from properties shall not constitute a hazard or impair the health, safety or public welfare of the residents of the city. (Ord. 286, 11-24-1959)
703.02: PERMIT REQUIREMENTS:
A. Permit Required: No driveway shall be constructed or reconstructed at any location where motor vehicles will be provided with access to any public right of way without first obtaining a permit for said construction from the Community Development Director or designee after approval by the Public Works Director or designee. The Public Works Director may add conditions to the permit.
B. Application: Any person desiring said permit shall present a written application to the Community Development Director or designee describing the improvements to be made and plans which indicate that the requirements of this chapter will be met. The permit application shall be reviewed by the Public Works Director or designee.
C. Permit Fees: Such application shall be accompanied by a fee as established by the City’s Fee Schedule in Section 314.05.
D. Revocation: The permit may be revoked by the Community Development Director or designee at any time after its issuance for failure to comply with the conditions of the permit or the directions of the Community
Development Director or designee respecting the work. (Ord. 1172, 9-23-1996)
703.03: GENERAL REQUIREMENTS:
A. Licensed Contractor Required; Exception: All construction work within the right of way of a street shall be performed by a licensed contractor who shall be responsible to assure that all relevant code provisions and regulations are rigidly followed. The requirement that the work be done by a licensed contractor may be waived by the Community Development Director or designee if the work is construction or repair of a driveway and the work is performed by the owner of the property and the owner executes a hold harmless agreement indemnifying the city against any claims for damages which might be made against the city arising out of the work performed by the property owner.
B. Application of Requirements: These requirements apply to all new driveways as well as to major repairs and changes to old driveways which do not conform to present requirements in addition to new construction.
C. Notice to City: The Community Development Director or designee is to be notified of the date that construction will start at least 24 hours in advance. (Ord. 1172, 9-23-1996)
703.04: DRIVEWAY AND PARKING LOT STANDARDS:
A. New Commercial Uses: The location and specifications for curb cuts and driveways in accordance with this section shall be a necessary part of the plot plan for the use and structure and must be approved prior to the issuance of a building permit.
B. Standards For Driveways and Parking Lots: The following regulations shall apply to all driveways and aisles in parking lots:
1. Maximum Width:
a. R-1 and R-2 Zones: For single-family and duplex principal structures within the R-1 and R-2 zones, the maximum width of any driveway at the property line shall be 26 feet. In addition to the maximum width, at each side of the driveway where the driveway intersects the street, three foot flares are permitted. The maximum driveway width for all other uses shall be 36feet and 10 foot?) flares are permitted.
b. All Other Zones: Except for the single-family and duplex principal structures, the maximum driveway width for all other types of properties shall be 36feet as measured at the property line. In addition to the maximum width, at each side of the driveway for such property where the driveway intersects the street, 10foot flares are permitted.
2. Minimum Distance: The minimum distance between edges of driveways at the front property line right of way line shall be 10 feet except in planned unit developments where the development agreement shall specify the distance.
3. Parking Lot Aisle: Any drive aisle in a parking lot in any residential zoning district serving a building containing three or more dwelling units or in any zone other than a residential zoning district shall be a minimum of 24 feet except one-way drive aisles which shall be a minimum of 18feet.
4. Intersection: On properties zoned R-1 or R-2, no driveway shall be located within 30feet of any right of way of a street intersection. On properties in all other zones, no driveway shall be located within 40feet of any right of way line of a street intersection. Said distances shall be measured along the property line from the corner right of way line.
5. Minimum Driveway Angle: The minimum driveway angle from a two-way access street shall be 60 degrees from a one-way street it shall be 30degrees.
6. Driveway Approaches: Driveway approaches between the curb and the property line shall be constructed of concrete, asphalt, brick pavers, a strength capable of handling the weight of cars and trucks (generally stamped on bottom of paver) or other hard surface pavement approved by the Public Works Director.
If concrete is used for the driveway, where there is no concrete curb or gutter, the concrete driveway shall be held back two feet from the edge of the roadway. The remaining two feet shall be surfaced with hot mixed bituminous material. Prior to starting work, the owner or builder shall obtain a permit from the Community Development Director or designee.
7. Driveways: Driveways shall be constructed of concrete, asphalt, brick pavers or other hard surface pavement approved by the Public Works Director.
8. Driveway Elevation: The driveway elevation at the property line shall not be more than ten inches nor less than four inches above the centerline of the abutting street with a maximum slope to gutter lines of 10%+ and a minimum slope of 2%+.
9. Driveways on Private Property: Residential driveways, shall be constructed so that the edge of the driveway nearest to the side lot line shall be a minimum of five feet from the side lot line.
10. Driveways On County Or State Roads: Where new principal structures are constructed on lots contiguous to roadways designated as major thoroughfares in the city's comprehensive plan, driveways servicing such lots shall be designed and constructed so as to provide a vehicle turnaround facility within the lot.
C. Access to County or State Roads: On properties having frontage on both major and minor roads, access shall be provided via the minor road wherever feasible in order to reduce the number of curb cuts on major thoroughfares.
D. Traffic Control: Where commercial land uses are adjacent to residential districts, ingress and egress from the commercial properties on streets leading to or through the residential zones shall not be permitted unless it can be demonstrated that adequate access to public rights of way is thereby denied. Traffic control is exercised so as to ensure that the location of driveways shall not constitute a hazard nor be injurious to adjacent residential uses.
E. State and County Highway Requirements: Where the proposed driveway is to be constructed so that it opens into any street designated as either a Minnesota state, Ramsey County or U.S. trunk highway, all additional specifications of the appropriate highway departments will apply. (Ord. 1172, 9-23-1996)
703.05: BUS BENCHES IN RIGHT OF WAY:
No bench may be placed or maintained in a public right of way without securing a permit from the Public Works Director and the payment of an annual license fee as established in Section 314.05. The number, size, and locations of all benches shall be in accordance with the City of Roseville/Metro Transit bus route plan. The Public Works and Transportation Commission will review the annual site application for input regarding the siting application. A permit shall not be issued unless the bench and its placement comply with the following conditions:
(Ord. 1379A, 11-17-2008)
A. Bus Stops: A bench shall only be placed at a bus stop on an established bus route.
B. Location: A bench shall be placed parallel to and no nearer than four feet from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.
C. Number: No more than one bus bench may be placed at a roadway intersection in the direction of traffic flow, unless the Public Works Director authorizes more benches in writing after finding that the passenger load justifies more than one bench at a bus stop. All bus benches shall bear the local telephone number at which the permittee may be reached concerning issues with the bench.
D. Proximity to Other Benches: No bus bench may be placed within 500 feet of any other bench or within 15feet of an existing on a roadway, unless the Public Works Director authorizes more benches in writing after finding that the passenger load justifies more than one bench at a bus stop or closer proximity.
E. Size: The maximum size of a bench shall be three and one-half feet high, seven feet long and three feet wide erected upon a concrete pad of maximum eight foot length and four foot width. The maximum amount of advertising on a bus bench shall not exceed eleven square feet.
F. Color: A bench shall be of a single color except a multicolored advertising sign. The bench signage may be affixed to or may be used as the backrest of the bench. Signage shall be affixed only to the street-side portion of the bench backrest
G. Structure Maintenance: When directed by the Public Works Director as necessary to address refuse and litter issues, bench sites shall be equipped with an architecturally complementary trash receptacle. Benches shall be maintained a minimum of once per week with such maintenance to include picking-up litter/debris about the bench, removing graffiti/stickers, removal of ice and snow in a manner such that each bench shall be fully accessible within 72 hours of a snow fall or other weather event. Benches shall be inspected weekly for any damaged or broken parts and shall repair or replace damaged or broken parts within 48 hours after damage or breakage is discovered or reported.
H. Liability Insurance: A certificate of liability insurance shall be filed with the city covering claims for damages which might arise out of the use or placement of a bench in the public right of way naming the city as an additional insured. The minimum limit of liability shall be six hundred thousand dollars ($600,000.00).
I. Removal: At the request of the Public Works Director, a bench shall be removed at the permittee’s sole expense in order to permit right of way improvements or maintenance. If the location of the bench is a safety hazard or if it interferes with pedestrian or vehicular traffic on the right of way, or if the bus route changes, the provider shall incur the cost of removal within 30 days of the route change.
J. State or County Permission: If the bench placement is in a Minnesota Department of Transportation or county right of way, written permission must be secured from the Minnesota department of transportation or the county and filed with the city. (Ord. 1267, 7-15-2002)
K. Applicants and permittees must meet all local, state, and federal requirements applicable to bus benches, their placement, and their use for public transit services.
(Ord. 1294, 9-15-2003)
703.06: NEWSPAPER VENDING MACHINES:
A. Notification to City: No newspaper vending machine may be placed or maintained in a public right of way without the publisher notifying the Public Works Director, in writing, of the location of the vending machine.
B. Placement Conditions: Placement of vending machines shall comply with the following conditions:
1. Distance from Roadway: A newspaper vending machine may be placed no nearer than four feet from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.
2. Maximum Size: The maximum size of a newspaper vending machine shall be four feet high, two feet long and two feet deep.
3. Number of Machines: No more than one newspaper vending machine per newspaper publisher may be placed within 800 feet of any other newspaper vending machine of that same newspaper publisher.
4. Attachment to Public Facility Prohibited: No newspaper vending machine may be attached to a public facility such as a utility pole, roadway sign or fireplug.
5. Color and Identification: A newspaper vending machine shall be of a single color except for lettering on the machine which shall not exceed four inches in height. Such lettering shall identify the newspaper only and shall not be an advertising sign.
6. Removal: At the request of the Public Works Director, a newspaper vending machine shall be removed in order to permit right of way improvements or maintenance, if its location is a safety hazard or if the vending machine significantly interferes with pedestrian or vehicular traffic on the right of way.
7. Residential Areas: No newspaper vending machine may be placed in a public right of way adjacent to a property zoned residential and containing four residential units or less. (Ord. 999, 5-12-1986; amd. 1995 Code)
703.07: NEWSPAPER RECEPTACLES:
A. Definition: For the purposes of this section, a "newspaper receptacle" is any outside device, whether tubular, box shaped or otherwise, designed for and used to receive newspapers, advertising flyers or similar printed material delivered by a carrier. Included in this definition are such devices which may be attached to the sides of buildings, freestanding posts, mailbox posts and other outside structures.
B. Limitations: Newspaper receptacles are prohibited in public rights of way except at the roadway curb of each lot. No more than two newspaper receptacles may be attached to a rural delivery mailbox post. On lots where no mailbox post is available or where such placement is impractical, no more than two newspaper receptacles may be placed on a single post; provided that if there is a mailbox on the lot, the newspaper receptacle post shall be located within 18 inches of the mailbox post. In no event will there be more than two newspaper receptacles on any lot.
C. Exceptions:
1. Where rural mailboxes are located on one side of the street, newspaper receptacles may be placed on the side of the street where the residence is located or on the mailbox post or within 18 inches of the mailbox post in accordance with subsection B of this section regardless of which side of the street the mailbox is located.
2. On lots where more than one dwelling unit is located, no more than two newspaper receptacles may be placed for each dwelling unit.
D. Color: All newspaper receptacles permitted by this section shall be a brown or tan color or such other neutral color as provided, in writing, by the Public Works Director. Permitted newspaper receptacles shall not display the name of a newspaper or other advertising message but may display an identifying mark for each publisher using the receptacle not to exceed two inches by two inches in size.
E. Permission: Each publisher which has placed or places a newspaper receptacle pursuant to this section shall provide the occupier of the dwelling to which it is adjacent with a self-addressed postcard, printed in such a manner that the occupier may instruct the publisher to remove the newspaper receptacle. In the event the publisher receives instructions from the occupier to remove the newspaper receptacle, the publisher shall remove the same within ten days of receipt of the instruction. (Ord. 920, 2-14-1983)
703.08: STREET NAME SIGNS:
A. Erection: No person other than an employee or duly authorized agent of the city shall erect any sign purporting to be a street name sign within the corporate limits of the city.
B. Maintenance: The city shall maintain all street name signs within its corporate limits. (Ord. 337, 9-8-1961)
703.09: ADMINISTRATION:
A. Enforcement: The Public Works Director is hereby designated as the enforcing officer for this chapter and shall have the power to issue, deny or revoke any permit. The Public Works Director may institute in the name of the city any appropriate actions or procedure against a violator as provided by law. (Ord. 286, 11-24-1959; amd. 1995 Code)
B. Appeals and Hearings: Appeals from the decision of the Public Works Director in relation to the granting and revoking of a permit shall be referred to the City Council. Such appeal shall be taken within 20 days from and after the date of such decision by the Public Works Director. Upon a motion from the City Council the appeal may be referred to the planning commission. If directed by the City Council, the planning commission may hold a public hearing on the appeal. The procedure for said public hearing shall be as set forth in Title 1, Chapter 108 of this code. The prosecution for violation of any of the provisions herein shall be held in abeyance pending the determination of the appeal to the City Council. (Ord. 1175A, 11-25-1996)
703.10: OBSTRUCTION PROHIBITED:
A. Obstruction or blocking of city owned non-motorized pathways, sidewalks, or designated bicycle routes, by any means, including, but not limited to, the parking of vehicles or storage of snow, is prohibited. (Ord. 1186, 8-11-1997)
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