CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 1. Sidewalks

New housing developments shall have sidewalks located on one side of the street except for those one-block streets ending in a cul-de-sac. Additionally, the placement of sidewalks must be shown on all preliminary plats and on utility plans.

(Ord. 508, Sec. 1; Ord. 636, Sec. 1; Code 2004)

Hereinafter all sidewalks constructed or reconstructed in the city shall be constructed on the grade established during the design of the paving improvements of a new housing development. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade.

(K.S.A. 12-1801; Ord. 508, Sec. 3; Code 2004)

Hereinafter all sidewalks shall be constructed and laid in accordance with standard figures and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article.

As a minimum, sidewalks and wheelchair ramps shall be constructed. Greater width and thickness is acceptable where requested by the owner or required due to special circumstances of a particular site.

Wheelchair ramps shall be provided at all curbed street crossings and any other locations where it would act as a barrier to persons in a wheelchair.

Sidewalk shall slope one-quarter inch per foot in width away from the property line. Expansion joints one half inch in width shall be constructed approximately every 25 feet and wherever the sidewalk adjoins concrete parking lots, concrete driveways, and concrete pavement.

The maximum grade on the sidewalk shall not exceed five percent unless special provisions are provided to meet ADA requirements.

The concrete shall be Class 1 concrete with a minimum 28 compressive strength of 4,000 psi and flexural strength of 500 psi. It shall contain a minimum of 6.5 bags of cement per cubic yard. The maximum water cement ration shall be 5.5 gallons per bag. The slump shall be from one to three inches. No concrete with a lump in excess of three inches shall be used.

The concrete shall be thoroughly tamped before being placed in the forms, giving special attention to the edges and corners of blocks or slabs so there is no honeycomb in the concrete and the entire mass is well consolidated. The surface must be troweled followed by a light fiber broom finish transversely to construction. All outside edges and joints shall be edged with one-quarter inch edging tool.

Prior to placing concrete, all vegetation shall be stripped and the concrete placed on undisturbed soil. When placed in fill areas, the fill shall be placed in six inch layers (maximum) and compacted to a density equal to or greater than 95% Standard Density in accordance with the latest edition of ASTM-D-698.

(Ord. 508, Sec. 4; Code 2004)

When a petition signed by no fewer than 51% of the citizens owning real estate in the city along the right-of-way in question request construction of a sidewalk is filed with the city clerk, the governing body may in its discretion, by a resolution, order such sidewalk constructed as herein provided.

(K.S.A. 12-1803; Ord. 508, Sec. 5; Code 2004)

When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may repair such sidewalk and provide for the construction of a new side walk in the place of the unsafe sidewalk.

(a)   No sidewalk shall have any plank, brick, stone, or segment of the sidewalk raised above the established level of the sidewalk more than one inch.

(b)   No sidewalk shall have a slope steeper than one inch within one foot running lengthwise on the sidewalk or steeper than one inch within one foot running the width of the sidewalk such as to catch the foot of any pedestrian or constitute a hazard to any person.

(c)   No sidewalk shall have any hole or depression or other condition which may catch the foot of any pedestrian or constitute a hazard to any person.

(d)   Sections of sidewalks with tight cracks shall not be repaired or reconstructed unless these sections are adjacent to other inadequate or unsafe sections of sidewalk.

(e)   Sections of sidewalks that are raised or have sunken at least one inch create a trip hazard and shall be leveled or replaced.

(f)   Sections of sidewalk ponding water are potentially dangerous and shall be repaired. The city may either raise the sidewalk or lower the right-of-way. The sidewalk shall be sloped toward the street.

(K.S.A. 12-1804; Ord. 508, Sec. 6; Code 2004)

Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meet such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city. If such property owner desires the sidewalk to be constructed and reconstructed by the city he or she shall file a request with the governing body. The governing body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body.

(K.S.A. 12-1806; Ord. 508, Sec. 8; Code 2004)

It shall be the duty of the city, after giving five days’ notice to the owner or his or her agent, if known, of the necessity for making repairs or without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The city will be responsible for 100% of the repair costs

(K.S.A. 12-1808; Ord. 508, Sec. 9; Code 2004)

In any case where the reconstruction or construction of a sidewalk is required to be done by contract, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city or laws of Kansas, and for all contracts exceeding $1,000 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished.

(Ord. 508, Sec. 11; Code 2004)

It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, goods, containers, benches, display or show cases, on any sidewalks or other public ways in the city or to obstruct the same longer than is necessary for loading or unloading any such article or object.

(Ord. 508, Sec. 11; Code 2004)

The governing body may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his or her contractor and approved by the governing body.

(Ord. 508, Sec. 12; Code 2004)

No sign, except government approved traffic-control signs, may be placed in front of the Veterans Memorial located on the northeast corner of Fifth Street and Chicago Avenue. This prohibition includes the setback from Fifth Street to the Veterans Memorial and the setback from Chicago Avenue to the Veterans Memorial.

(Ord. 734)