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HomeMy WebLinkAboutProviding for Temporary Walkways around Construction Projects and Providing a Penalty for the Violation ThereofORDINANCE No. 5149 -70 Passed by the Common Council of the City of South Bend, 9, r, 70 Presented by me to the Mayor of the City of South Bend, Pehrvary it 1970 Clerk of Common Council Approved and signed by me. TIQti" Clerk IDEAL PRESS ORDINANCE NO. 5149 -70 AN ORDINANCE PROVIDING FOR TEI PORARY 1°lA1M'1AYS AROUND CONSTRUCTION PROJECTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF , AS AMENDED. BE IT ORDAINED BY THE ONION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION 1. PERA`IT REQUIRED: All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only by special per- mit issued by the City Engineer. No permit will be issued until the ap- plicant therefor shall have executed and filed with the Board of Public i4rorks a bond with proper securities approved by the Controller, in an amount to be designated by the Board, but in no case less than $5,000.00 conditioned to indemnify, save and keep harmless the City from any and all loss, expense, cost or liability of any kind whatsoever which the City may suffer or be put to, from or by reason of any act or thing done or neglected to be done, or by virtue of the authority given in such permit. �r the Such a permit will be for temporary occupancy of the street or streets immediately in front of the contemplated building or structure r thp RtApage ef b 'l.i' v + .."Ig - r7 .7 r,, oA ;o +o ,co o„rl for the building operations as herein described and for administration pur- poses. The fee for the granting such a permit shall be $10.00. The occupancy of a street for the purposes permitted in the per- mit shall never extend in front of any one building to exceed one -third of the width of the roadway or to such width as may be approved by the Traffic Engineer, and in no event is any material to be stored or placed closer than 4 feet of any railway track. In all cases where such ob- struction of the street is made there shall be a clear space of not less than 1 foot between such obstruction and the curb line, ;•rhich may be arched over at a height sufficient to permit drainage of water in the gutter. A suitably surfaced walk 4 feet wide, for the use of pedestrians shall be maintained between the building line and the curb line, except as provided in Section 2. Earth taken from the excavation and rubbish taken from the build- ing shall not be stored upon the sidewalk or roadway of the street. or SECTION 2. SIDEWALK PROTECTION: Whenever any building within temporary 4 feet of or abutting on the sidewalk line is constructed, altered or re- walkway paired to a height of more than 1 story on the exterior, a substantial temporary= protectin cover over the sidewal shall be erected and main- tained during such construction or repair work. Provided, that such protecting cover shall not be required on streets where the average daily pedestrian traffic on the building side of the street does not exceed 100 persons between the hours of 8 a.m, and 5 p.m. 9K temporary walkway Such sidewalk, cover may be one -half of the width of the sidewal but shall not be less than Q feet wide. The roof of same shall be of solid plank or plywood not less than 2 inches nominal thickness with an outer edge splash -rail not less than 48 inches high and an enclosed back, all rigidly supported and of sufficient strength to resist the force of and falling materials. The headroom under such protecting cover shall not approaches be less than 8 feet above the sidewalk. All changes in elevation shall be provided with suitable steps or an easy graded approach at each end with proper handrails. The ^ralkeray4, must be kept open and unobstructed by material, rubbish or snow at all times and it shall be kept properly lighted during the hours of darkness. walk When it becomes necessary to reconstruct the permanent sidewalk or build a vault under the sidewalk, a suitably surfaced we}t not less than fee vn e s a e ui in he s reet on a level wish and connected to the adjoining sidewalks and so constructed as not to obstruct the flow of grater in the gutter. temporary walkways Such -s shall not be maintained outside of the curb line more than 48 hours after the retaining walls around such vaults have been built to grade and the sidewalk work and all other construction work is completed. SECTION 3. TEjff'ORARY SEEDS: Temporary sheds or trailers for office purposes or for storage of tools and materials may be erected or parked upon the public property within the limits prescribed for materials. SECTION G. PERAIT DURING OPERATION ONLY: The permission to temporarily occupy streets and sidewalks for the purpose of building is intended for use only in connection with the actual erection, repairing, alteration or removal of buildings and is terminated after completion of such operations, and it shall be unlawful to occupy any street or side - walk after the completion of the operation for which the permit has been issued. If at any time building operations shall be discontinued for a period of more than 30 days all such temporary buildings and obstruct- ions must be removed, leaving a clear unobstructed roadway. Such period of 30 days may be extended at the discretion of the City Engineer to alloy for acts of God, strikes, and other acts be- yond the contractor's control. SECTION 5. TEMPORARY FENCES: Temporary wooden fences to shield lots during building operations may be erected upon public property if the permit for the same has been obtained. Such fences are not to be less than Q feet nor more than 8 feet in height, and such fences shall be re- moved within 10 days after the external walls of the building are erected and the roof enclosure covered in. SECTION 6. ADVERTISING: It shall be unlawful to use the vialls or any portion of the temporary sheds or sidewalk coverings or any fences built around building operations for billboards or for any manner of ad- vertising, except such as may pertain to the building itself. SECTION 7. REVOCATION OF PERP:ZT: Any permit for the occupancy of public property may be revoked bur the Citv Engineer at his discretion. - 2 - SECTION 8. PENALTIES: Any person, firm or corporation, or agent or employee who shall violate any provision of this Code shall be subject upon conviction thereof to a fine of not less than $10.00 nor more than $300.00 for such offense. The continued violation of any pro- vision shall constitute a separate offense for each and every day such violation of any provision hereof may continue. SECTION 9. PUBLICATION: This ordinance shall be in full force and effect from and after passage by the Common Council, approval by the Mayor and publication as required by statute. Ist & 2nd READING 1-26-70 COMMITTEE CF THE WHOLE PUBLIC HEARNG 2 -9 -70 3rd RFA9i6!G 2 -9 -70 Ialember of the Common Council FILED IN CLERK'S OFFICE NOT A °-F. JAN 2 61970 REM,TaED 1 -26 -70 Streets, Bridges & Alley Committee PASSED 2 -9 -70 - 3 - KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. (Lotttritmu Irport February 9; 1970 On the Gaut wu (Qouuril of the ( 4 of 6ou44 lent: Your Committee of the Whole to whom was referred AN ORDINANCE PROVIDING FOR TEMPORARY WALKWAYS AROUND CONSTRUCTION PROJECTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AS AMENDED. RespeaNly report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable, as amended. ChJrman F... ..... .......1.. CO.