Chapter 26
STREETS AND SIDEWALKS*
*Charter references - General authority of council as to streets and sidewalks, § 11(9); injunctions staying city in exercise of power over streets, § 29; street encroachments, § 30; dedication of streets, § 31.
Cross references - Street improvements to promote industrial development, § 2-21; suspending advertisements over streets, § 3-2; deposit of advertisements on streets, § 3-3; riding bicycle on sidewalks, § 8-23; building regulations, Ch. 9; erosion and sediment control, Ch. 11; motor vehicles and traffic, Ch. 16; noise, Ch. 17; meetings, parades, etc., on streets, § 18-13; sewers, Ch. 22; begging on streets, § 24-1; littering streets, § 25-2; transportation of garbage on streets, § 25-4; location of refuse containers at edge of street for collection of contents thereof, § 25-25; design standards for streets in subdivisions, §§ 27-37-27-43; required street improvements in subdivisions, §§ 27-72--27-76; taxicabs, Ch. 28; zoning, Ch. 31.
State law reference - General authority of city relative to streets and sidewalks, Code of Virginia, §§ 15.1-14, 15.1-363--15.1-426, 15.1-888 et seq.
Art. I. In General, §§ 26-1--26-26
Art. II. Excavations, §§ 26-27--26-43
Art. III. Sidewalk Entrances and Openings, §§ 26-44--26-58
Art. IV. Driveways §§ 26-59--26-63
Art. V. Trees and Shrubbery on Public Property, §§ 26-64--26-71
ARTICLE I. IN GENERAL
Section 26-1. Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
Section 26-2. Certain ordinances relating to streets not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance opening, relocating, closing, altering or naming any street, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
Section 26-3. Required acceptance by council of dedicated street, alley, etc.
The city shall not be or become responsible for the opening or maintenance of, or for any damages resulting from the use of, any street, alley or other public way or grounds laid out and dedicated to the public use by any person, until the same shall have been accepted by the council. (Code 1964, § 25-10)
Section 26-4. Regulations for street work by city forces.
The city manager may prescribe regulations for work done on city streets by city forces. (Code 1964, § 25-1)
Section 26-5. Report required prior to certain changes in elevation or grade or realignment.
If any street or sidewalk improvements proposed to be made in the city involve the changing of elevations or grades or the realignment of such street or sidewalk, which will have an appreciable affect upon abutting or adjacent properties, such changes or realignment shall be reported, through the city manager, to the city council, prior to commencement of the project. Such changes or alignment shall be accurately reported with reference to such abutting or adjacent properties. (Code 1964, § 25-17)
Section 26-6. Property owner's waiver of damages prior to improvements.
Whenever street or sidewalk improvements are to be undertaken, a written waiver of all damages shall be obtained from all owners of property to be affected by such improvements, before commencing the project. If the affected property owners fail or refuse to sign such waiver, such failure or refusal shall be reported to the city council by the city manager, before the project is commenced. (Code 1964, § 25-18)
Section 26-7. Width and height of sidewalks.
The city manager is hereby empowered to so regulate the width and height of the sidewalks of any street as will, in his judgment, be most conducive to the convenience and interest of the city. (Code 1964, § 25-9)
Section 26-8. Street numbers for buildings.
(a) It shall be the duty of the building official to see that each building in the city is numbered, making the intersection of Augusta and Beverley Streets the initial point, thence running north, south, east and west.
(b) It shall be unlawful for any person to remove, alter, deface or destroy the number affixed to any building in this city pursuant to this section. (Code 1964, §§ 25-15, 25-16)
Section 26-9. Water and sewer pipes to be run directly to street.
No person shall run, or cause to be run, a water or sewer pipe through or from one lot or sub-lot or from any structure thereon into another separate lot or sub-lot or structure thereon. Every water service pipe shall be run from the public street main, directly to the building, lot or premises and all house sewers shall be run directly from the public street sewer, where it is practical so to do. (Code 1964, § 25-2)
Section 26-10. Running of wastewater or water from wash racks or drains upon streets or sidewalks.
It shall be unlawful for any person to run wastewater or water from wash racks or any drain upon the streets or sidewalks of the city. (Code 1964, § 25-6)
Cross reference - Circumstances under which above section not applicable to roof drains, downspouts or similar facilities, § 22-5(d).
Section 26-11. Obstructions generally.
No person shall obstruct a public street or sidewalk or the space vertically above the same, by placing therein anything whatsoever which will hinder or obstruct the passage of persons or vehicles in any manner whatsoever, except as otherwise specifically provided. (Code 1964, § 25-12)
Section 26-12. Obstructions during building operations.
It shall be unlawful for any person to obstruct any street or sidewalk during building operations, with building materials, ladders, scaffolds or ropes or in any other manner, regardless of the character or extent of the obstruction, unless he shall first have obtained a permit therefor from the office of the chief of police. A permit authorizing the storage of building materials of any character or description in any part of a street shall limit the amount of space to be occupied and the period of time for such storage. (Code 1964, §§ 25-13, 25-14)
Cross reference - Building regulations, Ch. 9.
Section 26-13. Reserved.
Editor's note - Former § 26-13, relative to planting shade trees along sidewalks, was repealed by §26-72 of an ordinance adopted May 13, 1987.
Section 26-14. Duty of property owners or occupants to keep sidewalks clean.
It shall be the duty of every person occupying property abutting on a paved sidewalk to cause such sidewalk to be kept clear of dirt, filth and dangerous or obnoxious matter and substances. If any such property is unoccupied, it shall be the duty of the owner or the person having charge thereof to comply with the requirements of this section. (Code 1964, § 25-6)
Section 26-15. Duty of property owners or occupants to remove snow and ice from sidewalks.
It shall be the duty of every person occupying any property abutting on a paved sidewalk to remove snow, sleet or ice from such sidewalk, within six (6) hours after the snow or sleet ceases to fall or the ice ceases to form, unless the snow or sleet fell or the ice formed during the night, in which case it shall be removed by 12:00 noon on the following day. If any such property is unoccupied, it shall be the duty of the owner or the person having charge thereof to comply with the requirements of this section. (Code 1964, § 25-7)
State law reference - Authority of city to require removal of snow from sidewalks, Code of Virginia, § 15.1-867.
Section 26-16. Deposit of snow in streets.
It shall be unlawful for any person to remove any snow from private premises and deposit such snow in any street. (Code 1964, § 25-8)
Sections 26-17--26-26. Reserved.
ARTICLE II. EXCAVATIONS
Section 26-27. Article not applicable to work done by city.
The provisions of this article shall not apply to work done by city forces under the supervision of the city manager. (Code 1964, § 25-28)
Section 26-28. Permit-Required.
No person shall take up or remove any portion of the surface of a sidewalk or street or excavate in any street of the city, without a permit from the city manager. (Code 1964, § 25-21)
Section 26-29. Same - Filing, contents and effect of application.
(a) Any person desiring a permit required by section 26-28 shall file an application therefor with the city manager. Such application shall contain such information as may be required by the city manager.
(b) Every person who files an application under this section shall be deemed to have assented thereby to all of the provisions and terms of this article, including the right of the city to collect the actual cost of refilling the excavation and replacing the pavement, sidewalk or street surface in the manner required by this article. (Code 1964, §§ 25-22, 25-23)
Section 26-30. Same - Applicant's deposit.
As a prerequisite to the issuance of a permit required by section 26-28, the city manager may require a deposit sufficient to pay the cost of repairing and resurfacing the street or sidewalk to be disturbed, the amount of such deposit to be determined by the city manager. (Code 1964, § 25-24)
Section 26-31. Institution and prosecution of work and notice of completion thereof.
It shall be the duty of every person to whom a permit required by this article is granted to institute at once and prosecute without delay the work for which such permit was obtained and promptly, on its completion, notify the city manager. (Code 1964, § 25-25)
Section 26-32. Protective barriers and lights; responsibility for damages.
Any person granted a permit required by this article shall place guards or barriers around the excavation in question and shall protect it by warning lights at night and shall be responsible for damages to persons or property caused by such excavation until taken in charge by the city manager. (Code 1964, § 25-27)
Section 26-33. Replacing surface.
The repair of all cuts and excavations made in any street, sidewalk, or alley in the City by a permittee hereunder shall be done in the following manner:
All excavations and street openings shall be backfilled to full depth with 21-A stone or non-shrink concrete slurry (flowable fill, 50-100 psi). When backfilling with 21-A stone, compaction shall be by mechanical means, in lifts of not more than six (6) inches. Any patch in a street classified as arterial, or streets in areas zoned business or industrial shall include 2.5” of base-mix bituminous concrete and 2” of surface-mix bituminous concrete. Any patch in a street classified as residential shall include 2” of surface-mix bituminous concrete. All repairs shall be neatly saw cut. All materials used in backfilling and repairing excavations shall be of a VDOT approved design. The Director of Public Works may specify flowable fill for excavations depending on size of the excavation. Crushed limestone dust may be used to cushion and protect natural gas lines.
At the discretion of the Director of Public Works, any excavation perpendicular to and crossing a lane of traffic shall be backfilled with concrete slurry. These repairs shall be properly plated so that the road may be open to traffic until the repair is complete.
All sidewalk and curb and gutter repairs shall have full sections replaced. All concrete shall be repaired with 3500 psi concrete placed and cured in accordance with VDOT standards. The Street Superintendent must be contacted for inspection of forms prior to pouring any concrete.
In the event a person making a cut or excavation fails to accomplish the repair of such, the Department of Public Works shall make necessary repairs. The person making such cut or excavation shall then pay charges for repairs based on standard city labor rates plus overhead.
The permittee shall not leave any paving materials, stone, earth, or other materials removed from street cuts, openings, or excavations on any city street or city public property. All streets, sidewalks, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Director of Public Works.
All excavations and/or street/sidewalk openings shall be restored to original conditions within ten (10) working days from the completion of said work. Any excavation required to be opened for longer than ten (10) days shall be approved by the Director of Public Works. Any excavation in a through lane of moving traffic--other than described in 26-33 (b) -- must be temporarily patched with a cold bituminous concrete mix until the proper finish mix can be applied.
All such work performed by a permittee hereunder shall have a warranty period of one year. At any such time during the period of warranty the repair fails or begins to exhibit signs of failure, the repair will be re-accomplished. The Director of Public Works may direct the permittee to re-accomplish any repair not meeting the above-mentioned standards.
If the repairs and replacements required herein are not made within the time specified, the City, after written notice to the permittee, may cause such repair to be made; and the cost thereof shall be the responsibility of the permittee.
The permittee, before starting any cut or excavation hereunder, shall sign a statement that he has read this ordinance, understands it, and agrees to abide by its terms.
(Code 1964, § 25-26; Ord. of 11-11-99)
Sections 26-34--26-43. Reserved.
ARTICLE III. SIDEWALK ENTRANCES AND OPENINGS
Section 26-44. Entrances to cellars or areaways generally.
(a) After November 25, 1949, no person shall install, in any sidewalk, an entrance to a cellar or areaway, without the approval of the city council.
(b) Every cellar or area which opens in a sidewalk shall have such opening covered with substantial metal grating, rough-surface metal or metal and glass, which shall be flush with the pavement. No such opening to any existing cellar or area shall be recovered, nor shall the covering thereof be repaired or renewed, except with such material and in such manner as above required.
(c) The entrance to every cellar which opens in a sidewalk shall be covered with two (2) doors of equal width, without joints and so constructed that, when closed, they shall be flush with the pavement, and when open, shall each stand upright and at right angles to the pavement and be held in such position by connecting bars or chains at the end of such doors nearest the curb line. No cellar door shall be allowed to fall back or lie flat upon the street or sidewalk or to remain open any longer than necessary and while in actual use.
(d) The owner or occupant of any building, the cellar or area to which does not conform to the requirements of this section, who shall, after notification by the city manager, fail or refuse to comply with its provisions, shall be deemed guilty of a violation of this section. (Code 1964, § 25-29)
Section 26-45. Fuel or coal holes generally.
(a) No opening in a sidewalk for fuel or coal holes shall exceed eighteen (18) inches in diameter. Such opening shall be covered with a substantial metal cover, with a rough surface placed flush with the surface of the sidewalk. Such fuel or coal holes constructed after November 25, 1949, shall be in accordance with plans first approved by the city manager and shall not be constructed until a written permit has been obtained from the city manager.
(b) The owner or occupant of any building, the fuel or coal hole to which does not conform to this section, or the owner, user or lessor of any such fuel or coal hole, who shall, after notification by the city manager, fail or refuse to comply with its provisions, shall be deemed guilty of a violation of this section. (Code 1964, § 25-30)
Section 26-46. To be kept closed except when in use; liability for damages caused by opening.
Every cellar, vault and fuel or coal hole opening in a sidewalk shall be kept closed and the cover thereof securely fastened, except when the same is actually in use by some person immediately attending the same. The owner or occupant of the building shall be responsible for any damage to persons or property caused by any such opening. (Code 1964, § 25-31)
Section 26-47. Opening in dangerous manner.
It shall be unlawful for any person to willfully or maliciously open, or cause to be opened, any cellar, vault or fuel or coal hole opening in a sidewalk, in such manner that the safety of users of the sidewalk is endangered. (Code 1964, § 25-32)
Section 26-48. Repair of defective covers.
Whenever the owner or occupant of any building to which is attached any area, cellar, vault or fuel or coal hole opening in the sidewalk is notified by the city manager that the covering thereof is insecure or dangerous, it shall be his duty to repair the same within five (5) days. In case of failure if the owner or occupant fails to do so, the city manager may cause such repairs to be made and the cost thereof shall be collected from such owner or occupant in like manner as fines and assessments are collected. (Code 1964, § 25-33)
Sections 26-49--26-58. Reserved.
ARTICLE IV. DRIVEWAYS
Section 26-59. General permit and construction requirements.
No person shall construct a driveway across a sidewalk or across that portion of the street between the curb line and property line, unless a permit so to do has been issued by the office of engineering services. Application for such permit shall be made by the owner of the property, who must make his own arrangements for the construction authorized. Such construction shall be done according to the city's specifications and under the supervision of the supervisor of facilities maintenance. (Code 1964, § 25-38)
Section 26-60. Special permit for construction or operation of business or industrial structure requiring driveway from public street - Required.
No person shall construct or operate a gasoline service station, public garage, repair shop, drive-in restaurant, drive-in dairy products bar, bowling alley, skating rink, theater or other business or industrial structure, the use of which requires one or more driveways from a public street, unless he first secures a special permit therefor from the office of engineering services. (Code 1964, § 25-39)
Section 26-61. Same - Application; investigation.
(a) Any person desiring a special permit required by section 26-60 shall file a written application therefor in the office of engineering services, together with ground plans showing the proposed structure and driveways.
(b) Upon receipt of an application under this section, the supervisor of engineering services shall make an investigation to determine the affect which the proposed use will have on traffic flow, traffic or fire hazards which may be created and the supply of light and air to adjacent properties. (Code 1964, §§ 25-40, 25-41)
Section 26-62. Same - Issuance or denial.
If the supervisor of engineering services finds, based upon the investigation referred to in section 26-61, that the proposed structure and use will not unreasonably increase traffic congestion in the streets or constitute a traffic or fire hazard or unreasonably impair an adequate supply of light and air to adjacent properties, he shall issue the special permit, and otherwise he shall deny such permit. In case of such denial, the applicant may appeal the decision to the board of building code appeals. (Code 1964, § 25-42)
Cross reference - Board of building code appeals, § 9-18.
Section 26-63. Same - Revocation.
A special permit issued pursuant to section 26-62 shall be revoked and become void, unless construction or operation is begun by the person to whom such special permit is granted within six (6) months from the date the permit is issued. (Code 1964, § 25-43)
ARTICLE V. TREES AND SHRUBBERY ON PUBLIC PROPERTY*
*Editor's note - An ordinance adopted June 25, 1987, amended the Code by the addition of Art. V, §§ 26-64--26-72. However, at the discretion of the editor, the provisions of § 26-72, which repealed § 26-13, have not been set out herein.
Section 26-64. Purpose.
It is recognized that trees add a great deal to property values by providing shade, erosion control, and general beauty to the city, making the latter more appealing to visitors and more pleasant for the citizenry. (Ord. of 6-25-87)
It is further recognized that landscaping on public property also adds to the general beauty and appeal of the city, thereby enhancing both tourism and the quality of life for the citizenry. (Ord. of 2/10/99)
It is, therefore, the purpose of this article to set forth a policy which encourages the planting, nurturing, and proper maintenance of all trees on public property. Experience has shown that trees, under some circumstances, can be hazardous to public safety; hence, this article also provides for tree pruning or removal when conditions warrant. (Ord. of 6-25-87)
Section 26-65. Definitions.
STREET TREES: "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
PARK TREES: "Park trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all other areas owned by the city to which the public has free access as a park. (Ord. of 6-25-87)
PUBLIC LANDSCAPING: "Public landscaping" is hereby defined as all horticultural and other public planting area improvements installed and maintained on public property in accordance with the Comprehensive Landscape Master Plan, as amended. (Ord. of 2/10/99)
Section 26-66. Landscaping board and terms of members.
The city advisory landscaping board is hereby established and is charged with oversight of both, "street" and "park" trees, as well as charged with advisory responsibilities to the horticultural operations of the City and the Comprehensive Landscape Master Plan. (Ord. of 2/10/99)
It shall consist of seven (7) members, citizens, residents, and business owners of this city, with the director of public works, the city horticulturalist, and director of parks and recreation as members ex officio. Members shall be appointed by council and of the initial members, three (3) shall be appointed for a three-year term and two (2) shall be appointed for a two-year term. Thereafter, all appointments shall be for a three-year term, and no member shall serve more than two (2) consecutive terms. (Ord. of 2/10/99)
Members shall serve without compensation. (Ord. of 6-25-87) The Board shall designate one of its members who shall serve as recording secretary for the board. (Ord. of 2/10/99)
Section 26-67. Duties and responsibilities.
The board shall:
a) Serve to enhance the public participation in the beautification of the city through landscape improvements;
b) Act as an advocate for both public and private landscaping, assisting in the coordination of both;
c) Provide advisory oversight to the amendment and implementation of the Comprehensive Landscape Master Plan;
d) Assist with the education of the public on matters of public landscaping through materials, public appearances and media exposure as appropriate;
e) Act in an advisory and advocacy role to the city horticulturalist, city manager, and city council;
f) Perform as required in Section 26-69 listed hereafter.
Ord. of 2/10/99
Upon approval of the goals, objectives and recommendations by the city council for the City of Staunton, the same shall constitute a part of the official city landscaping plan. (Ord. of 6-25-87; Ord. of 1-12-89)
Section 26-68. Operation.
The board shall choose its own officers, make its own rules and regulations, with the consent of the city manager, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. of 6-25-87)
Section 26-69. Public tree care.
a) The city, in consonance with the Comprehensive Landscape Master Plan, shall plant, prune, maintain and relocate trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be appropriate to preserve or enhance the symmetry and beauty of such public grounds.
b) Before the removal of any street or park tree, or any part thereof, by the city, or before the city issues an order directing said removal, the city shall advise the landscaping advisory board in writing of its intention, and the reasons therefor. The landscaping advisory board shall have thirty (30) days after receipt of such notice to make its recommendation to the city with respect thereto, suggesting, if possible, any alternative to said removal. Such alternatives are advisory only, the decision to remove hereunder being at the discretion of the city, provided the provisions of subsection (c) hereinafter set forth are met.
c) The city shall not remove a street tree of significant size, or permit removal by others, unless notice of the intended removal or destruction is given. The notice shall consist of a durable and legible statement of the city's intent, affixed to and easily visible on the tree for not less than five (5) days immediately preceding the contemplated removal or destruction; and the notice shall state the reason for the intended removal or destruction of the tree and the person or persons to whom inquiries or protests may be directed.
d) In the event of an emergency situation, such as a fallen tree or some other condition or occurrence requiring an immediate removal or destruction of a tree along one of these public ways, the city may remove or destroy the tree without complying with the foregoing provisions of this section. "Emergency situation" shall include, but is not limited to, trees posing an immediate danger to public safety and trees causing a stoppage of utility services such as water lines, sewer lines, electric or power lines, or other public or private improvements; all as determined by the director of public works for the city.
e) When a tree is removed it shall be city policy to plant a replacement somewhere in the general area to include planting on private property, with the consent of the owner.
f) This section does not prohibit the planting of "street trees" by homeowners on public property in front of their lot, or by other citizens, providing that the selection and location of said trees is in accordance with the Comprehensive Landscape Master Plan and approval obtained fro, the landscaping advisory board, the city horticulturalist, and the director of public works for the city.
Ord of 2/10/99
Section 26-70. Review by city council.
Any action, conduct or decision of the city landscaping board may be reviewed by the city council for the City of Staunton. Any person, firm or corporation aggrieved by such action, conduct or decision, may appeal therefrom in writing to the city council. Such appeal shall be filed with the city clerk within thirty (30) days of such action, conduct or decision, and the filing of such appeal shall delay the implementation of such action, conduct or decision until the city council has heard the matter and made a final decision with respect thereto. In such cases, city council shall schedule a hearing upon such matter at either the next regular scheduled meeting of city council following the receipt of such notice of appeal, or at the regular scheduled meeting of council immediately following thereafter. The city clerk, upon receipt of such notice of appeal and further upon the matter being scheduled for hearing by the city council, shall notify in writing the city landscaping advisory board and the appellants of the time and date for such hearing. (Ord. of 6-25-87; Ord. of 2/10/99)
Section 26-71. Violations.
(a) Except as otherwise specifically provided, any person who shall violate any provision of this article or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor punishable by fine of not more than one thousand dollars ($1,000.00).
(b) The imposition of the penalty described in subsection (a) above shall not preclude the city attorney from instituting appropriate action to prevent unlawful violations or to restrain, correct or abate a violation. (Ord. of 6-25-87)