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TITLE
16
STREETS AND SIDEWALKS, ETC[1] CHAPTER 1. MISCELLANEOUS. 2. EXCAVATIONS
AND CUTS. 3. DRIVEWAYS. CHAPTER 1SECTION
16-101. Obstructing
streets, alleys, or sidewalks prohibited. 16-102. Trees
projecting over streets, etc., regulated. 16-103. Trees,
etc., obstructing view at intersections prohibited. 16-104. Projecting
signs and awnings, etc., restricted. 16-105. Banners
and signs across streets and alleys restricted. 16-106. Gates
or doors opening over streets, alleys, or sidewalks prohibited. 16-107. Littering
streets, alleys, or sidewalks prohibited. 16-108. Obstruction
of drainage ditches. 16-109. Parades
regulated. 16-110. Animals
and vehicles on sidewalks. 16-111. Fires
in streets, etc. 16-112. Street
acceptance policy. 16-113. Fine
for closing streets for more than twenty-four hours.
16-101.
Obstructing
streets, alleys, or sidewalks prohibited. No person shall use or
occupy any portion of any public street, alley, sidewalk, or right of way for
the purpose of storing, selling, or exhibiting any goods, wares, merchandise,
or materials.
No person shall use or occupy any portion of any public street, alley,
sidewalk, or right of way for the purpose of stopping, standing, or parking any
vehicle, unless such area is a designated parking area.
Emergencies of less than 24 hours accepted provided there is no
obstruction of traffic.
16-102.
Trees
projecting over streets, etc., regulated. It shall be unlawful for
any property owner or occupant to allow any limbs of trees on his property to
project out over any street or alley at a height of less than fourteen (14) feet
or over any sidewalk at a height of less than eight (8) feet.
16-103. Trees, etc.,
obstructing
view at intersections prohibited. It shall be unlawful for
any property owner or occupant to have or maintain on his property any tree,
shrub, sign, or other obstruction, which prevents persons driving vehicles on
public streets or alleys from obtaining a clear view of traffic when approaching
an intersection.
16-104.
Projecting
signs
and awnings, etc., restricted.
Signs, awnings, or other structures which project over any street or
other public way shall be erected subject to the requirements of the building
code.[2]
16-105.
Banners
and signs across streets and alleys restricted.
It shall be unlawful for any person to place or have placed any banner or
sign across any public street or alley except when expressly authorized by the
board of mayor and aldermen after a finding that such banner or sign will create
no hazard.
16-106.
Gates
or doors opening over streets, alleys, or sidewalks prohibited.
It shall be unlawful for any person owning or occupying property to allow
any gate or door to swing open upon or over any street, alley, or sidewalk
except when required by law.
16-107.
Littering
streets, alleys, or sidewalks prohibited. It shall be unlawful for
any person to litter, place, throw, track, or allow to fall on any street,
alley, or sidewalk any refuse, glass, tacks, mud, or other objects or materials
which are unsightly or which obstruct or tend to limit or interfere with the use
of such public ways and places for their intended purposes.
16-108.
Obstruction
of drainage ditches.
It shall be unlawful for any person to permit or cause the obstruction of
any drainage ditch in any public right of way.
16-109. Abutting
occupants
to keep sidewalks clean, etc.
The occupants of property abutting on a sidewalk are required to keep the
sidewalk clean. Also, immediately after a snow or sleet, such occupants are
required to remove all accumulated snow and ice from the abutting sidewalk.
16-110.
Animals
and
vehicles
on sidewalks.
It shall be unlawful for any person to ride, lead, or tie any animal, or
ride, push, pull, or place any vehicle across or upon any sidewalk in such
manner as to unreasonably interfere with or inconvenience pedestrians using the
sidewalk. It shall also be unlawful
for any person knowingly to allow any minor under his control to violate this
section.
16-111.
Fires
in streets, etc.
It shall be unlawful for any person to set or contribute to any fire in
any public street, alley, or sidewalk.
16-112. Street
acceptance
policy.
The Town of Eagleville shall not, nor shall any public authority accept,
lay out, open, improve, grade, or pave any street unless such street shall have
been accepted or opened as or shall have otherwise received the legal status of
a public street.
No street within the Town of Eagleville shall be accepted or opened as or
shall have otherwise received the legal status of a public street without prior
inspection and approval by the town road and road drainage engineer.
The owner of any subdivision or his agent shall pay to the Town of
Eagleville an inspection fee of twelve cents ($.12) per linear foot on all
streets in any subdivision prior to the laying out, opening, improving, grading,
or paving of said streets within the Town of Eagleville.
16-113.
Fine
for closing streets for more than twenty-four hours.
Any person or corporation that closes, blocks or in any way prevents the
flow of traffic on any town street for a period of twenty-four (24) hours shall
be subject to a fine of $50.00 per day and a separate $50.00 fine for each day
that the flow of traffic on such town street is prevented.
Also if closed without a permit, that shall be a $50.00 penalty also.
CHAPTER
2 EXCAVATIONS AND CUTS[3] SECTION
16-201. Permit
required. 16-202. Applications.
16-203. Fee. 16-204. Deposit
or bond. 16-205. Manner
of excavating--barricades and lights--temporary sidewalks. 16-206. Restoration
of streets, etc. 16-207. Insurance.
16-208. Time
limits.
16-201.
Permit
required.
It shall be unlawful for any person, firm, corporation, association,
other governmental unit or others, to make any excavation in any street, alley,
or public place, or to tunnel under any street, alley, or public place without
having first obtained a
permit as herein required, and without
complying with the provisions of this chapter; and it shall also be unlawful to
violate, or vary from the terms of any such permit; provided, however, any
person maintaining pipes, lines, or other underground facilities in or under the
surface of any street may proceed with an opening without a permit when
emergency circumstances demand the work to be done immediately and a permit
cannot reasonably and practicably be obtained beforehand.
The person shall thereafter apply for a permit on the first regular
business day on which the
codes enforcement office is open for
business, and said permit shall be retroactive to the date when the work was
begun. The city council designated
codes enforcement officer shall maintain a permitting system approved by the
director of public works and shall maintain a tickler file that assures work is
completed prior to expiration of the surety bond or the cash deposit being
refunded.
16‑202. Applications.
Applications for such permits shall be made to the codes enforcement
officer or such person as he may designate to receive such applications, and
shall state thereon the location of the intended excavation or tunnel, the size
thereof, the purpose thereof, the person, firm, corporation, association or
others doing the actual excavating, the name of the person, firm, corporation,
association, or others for whom the work is being done, the time of beginning of
the work and the time of completion of the work, and shall contain an agreement
that the applicant will comply with all ordinances and laws relating to the work
to be done, that the town may correct unacceptable installation or incomplete
installation, and that the town may use the cash or security bond for
unsatisfactory work or incomplete performance. Such application shall be rejected or approved by the public
works
director within twenty‑four (24) hours
of its filing and a permit issued if approved.
16‑203.
Fee.
The fee for such permit shall be twenty‑five dollars ($25.00).
16‑204.
Deposit
or
bond.
No such permit shall be issued unless and until the applicant therefor
has deposited with the codes enforcement officer a cash deposit, or in lieu
thereof, a surety bond in such form and amount as the public works director
shall deem adequate to cover the costs to the town if the applicant fails to
make proper restoration. The
deposit shall be in the sum of $500.00 for a minor town street or $1,000.00 for
a collector street or a major thoroughfare.
Where the amount of the deposit is clearly inadequate to cover the cost
of restoration, the public works director may increase the amount of the deposit
to an amount considered by him to be adequate to cover the estimated costs.
From this deposit shall be deducted any expense to the town of correcting
or completing any installation to town specifications.
The balance, if any, shall be returned to the applicant without interest
after the tunnel or excavation is completely refilled and the surface or
pavement is restored.
16‑205.
Manner
of excavating ‑‑ barricades and lights -‑ temporary sidewalks.
Any person, firm, corporation, association, or others making any
excavation or tunnel shall do so according to the terms and conditions of the
application and permit authorizing the work to be done.
Sufficient and proper barricades and lights shall be maintained to
protect persons and property from injury by or because of the excavation being
made. All traffic control and
obstructions must be coordinated with the Eagleville Police Department and with
the public works department. It is
the responsibility of the permittee to control traffic. If any walkway or street is blocked by any such work, a
temporary walkway or street shall be constructed or provided with detour signs
which shall be safe for travel and convenient for users.
16‑206.
Restoration
of streets, etc.
Any person, firm, corporation, association, or others making any
excavation or tunnel in or under any street, alley, or public place in the town
shall restore said street, alley, or public place to its original condition.
In case of delay past the completion date set forth in the application,
the
codes enforcement officer shall give notice
to the applicant and the person for whom the work was done if different that
unless the excavation or tunnel is refilled properly within a specified period
of time, the town will do the work and charge the expense of doing the same to
the applicant or the person for whom the work was done.
If within the specified time the conditions of the above notice have not
been complied with the work shall be done by the town, an accurate account of
the expense involved shall be kept, and the total cost shall be charged to the
applicant or the person for whom the work was done.
16‑207.
Insurance.
In addition to making the cash deposit or giving the bond hereinbefore
required to insure that proper restoration is made, each person applying for an
excavation permit shall file a certificate of insurance indicating that the
applicant is covered by workman's compensation insurance as well as against
claims for property damage or personal injury which may arise from or out of the
performance of the work, whether such performance be by the applicant, his
subcontractor, or anyone directly or indirectly employed by him.
Such insurance shall cover collapse, explosive hazards, and underground
work by equipment on the street, and shall include protection against liability
arising from completed operations. The
amount of the insurance shall be prescribed by the codes enforcement officer in
accordance with the nature of the risk involved; provided, however, that the
liability insurance for bodily injury shall not be less than $300,000.00 for
proper damages.
16‑208. Time
Limits.
Each application for a permit shall state
the length of time that will elapse from the commencement of the work until the
restoration of the surface, but in no case shall the time for restoration exceed
sixty (60) days. It shall be
unlawful to fail to comply with this time limitation unless permission for an
extension of time is granted by the
codes enforcement officer.
CHAPTER
3 SECTION 16‑301. "Driveway"
defIned. 16‑302. Application. 16‑303. Review
of application; approval; culverts. 16‑304. Denial
of application; appeal. 16‑305. Costs
of construction. 16‑306. Requirements
in addition to planning commission regulations. 16‑307. Removal
of offending conditions.
16‑301. "Driveway" defined.
The term "driveway" as used in this chapter shall mean any
portion of a normal sidewalk area, including grass plot, curb, gutter, and
sidewalks of the streets, roadways, and alleys of the Town of Eagleville,
Tennessee, intended for use by vehicles as a means of ingress and egress between
public right‑of‑way and abutting property.
16‑302.
Application.
It shall be the duty of all persons intending or proposing to construct a
driveway for vehicular access to and from the public streets and alleys to make
an application for authorization of construction, re‑construction, or
major repair of driveways on forms prescribed by the building inspector of the
Town of Eagleville. Applications
shall be signed by the property owner, lessee, developer, or contractor.
16‑303.
Review
of application; approval; culverts. It shall be the duty of
the building inspector to give due consideration to the convenience, safety,
regular movement of pedestrian and vehicular traffic, and drainage, when
reviewing a driveway application. It
shall be the further duty of the building inspector to approve or disapprove
said driveway application and to require any culverts under said driveway to be
a minimum capatown of eighteen inches (18") in diameter.
16‑304.
Denial
of application; appeal.
In the event the building inspector denies any application for driveway
construction, the applicant shall have the right of appeal to the Eagleville
Planning Commission. Such appeal shall be made within ten (10) days after denial
by the building inspector.
16‑305.
Costs
of construction.
The cost of driveway construction or major driveway repair, or the
installation of culverts, shall he borne by the owner, lessee or other lawful
holder of the property to be served.
16‑306.
Requirements
in addition to planning commission regulations.
All requirements under this chapter are in addition to the requirements
and regulations imposed by the Eagleville Planning Commission.
16‑307. Removal of offending conditions. Any person violating any of the provisions contained in this chapter shall be notified that the offending driveway construction, reconstruction, repairs, or culvert shall be removed. Notification shall be made by the building inspector in writing to the property owner, lessee, contractor, or lawful holder of said property, to the effect that the offending work must be removed within ten (10) days from date of notification, and the driveway replaced to conform to the provisions contained in this chapter. In the event of failure to comply with notification, the Town of Eagleville will make the necessary driveway corrections and assess the cost against the property abutting the driveway. |
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