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HomeMy WebLinkAbout95-36• ORDINANCE N0. 9.5-36 Ordinance Amending Article to Commonwealth Chapter 15 The Town Code, Provisions Dealing with teh Construction of Curb, Gutter, Sidewalks, Driveways, Curb Cuts and Drainage • ADOPTED: November 21, 1995 EFFECTIVE: November 21, 1995 351 • • Ordinance Amending Article to Commonwealth Chapter 15, The Town Code, Provisions Dealing with the Construction of Curb, Gutter, Sidewalks, Driveways, Curb Cuts and Drainage BE IT ORDAINED by the Town Council, Town of Pulaski Virginia, sitting in regular session on November 21, 1995, that: Our Chapter 15, Article 2, of the Pulaski Town Code, with provisions dealing with the construction of curb, gutter, sidewalks, driveways, curb cuts and drainage, is hereby amended by the adoptions of §§15-36 through 15-41, inclusive, in the form attached hereto. ORDINANCE NO.95-36 This ORDINANCE is adopted by this recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 21st day of November, 1995. John A. Johnston John W. Stone Bettye H. Steger W. H. Schrader, Jr Aye Aye Y~ Roy H. D'Ardenne, Jr. Aye W. Edgar Hale Aye Alma H. Holston y Elbert G. Black, Jr. Ave By: Andrew L. Graham, Mayor ATTEST: Ruth Harrell Clerk of Council 352 • ARTICLE II. CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS, CURB CUTS Sec. 15-36. Made by Town. (a) Curbs and gutters, sidewalks, driveway cuts and curb cuts affecting more than one property owner will be made by the Town upon petition by property owners or at the instance of the Town under the general laws for the Commonwealth, or by policy now in existence within the Town, or by policy established from time to time by the Council of the Town. (b) The installation of curbs and gutters, sidewalks, curb cuts, and driveways or other entrances onto Town streets shall be made under the supervision of the Town Director of Public Works and in accordance with specifications established by the Town Engineer for such construction. Sec. 15-37. Minimum amount. • It shall be the policy of the Town to construct sidewalks, curbs and gutters and combinations thereof for not less than a full block, unless the Director of Public Works, with the concurrence of the Town Manager, determines that such requirement should be waived by reason of physical circumstances or in instances when it would not be feasible under existing circumstances to build for a full block. Sec. 15-38. Charges -Apportionment; estimates. The charges for installations under this article shall be as follows: (1) Participation in cost. For the construction of new sidewalks, curbs and gutters, driveway cuts, or other curb cuts, or any combination thereof, which affect more than one lot owner, the Town and the collective owners of the property involved shall each pay fifty percent (50%) of the actual costs of construction. Each abutting lot owner will pay a proportionate share of said fifty percent (50%). (2) Estimate of costs. • a. Upon receiving an application from property owners for construction of a sidewalk, curb and gutter, driveway cuts and curb cuts, or a combination 353 • thereof, or when construction is ordered by the Council, the Town Manager shall make an estimate of its costs. b. Based upon said estimates, if the property owners do not agree to voluntarily pay their share, the Council will assess the property owners for their shares of the costs, subject to adjustment as set forth below. The Finance Director will bill property owners based on said initial assessments. b. Upon completion of the construction, property owners shall be billed for construction based upon actual costs. If actual costs exceed the estimated cost, then fifty (50) percent of the difference shall ae assessed by the Council to the property owners proportionately. If actual costs are less than the estimated costs advanced, then the excess costs over actual costs paid by property owners shall be refunded to them proportionately by the Finance Director. (3) Exceptions.. The foregoing provisions shall not apply to: a. Repairs or replacement of existing Town-installed or Town-approved sidewalks, curbs and gutters, driveway cuts and curb cuts, which will be done at the Town's expense but at such time deemed appropriate by the Town; b. Installation of approved replacement culverts where driveways, sidewalks, and entranceways meet Town streets or alleys, in which case the cost of obtaining and delivering the culvert will be borne by the property owner while the cost of installation will be borne by the Town. c. The approval and payment for individual driveway/entrance construction, which are subject to §15-40. d. Capital improvements made as part of the Town's Capital Improvement Plan and approved during the budget process as completely funded by the Town. Sec. 15-39. Same -Payment. All charges due pursuant to this article by property owners shall be paid in advance, or acceptable provisions approved by the Director of Finance for payment thereof made prior to the beginning of any construction. • 354 • Any such payment plan may provide for payments in equal installments over a period not to exceed ten (10) years or twenty (20) payments, whichever is sooner. Such installment shall become due and payable at the time that real estate taxes are due and payable. The amount of each installment shall be shown on a bill mailed to the responsible party not later than fourteen days prior to the installment due date. The Finance Director is authorized to take all reasonable actions to collect any delinquent installments, and may declare the entire unpaid balance of the assessment due and payable upon the failure of the responsible party to pay any installment after being mailed notice as set forth above. The Town Council reserves the right to impose interest on any installments, to the extent allowed by law, at the time that a special assessment is made. Upon application by elderly or totally disabled property owners who are eligible for real estate tax relief, and subject to the conditions of §58.1-3211 of the Code of Virginia, the Director of Finance shall postpone the payment of such assessment until the sale of the property or the death of the last eligible owner. The Director of Finance is directed to provide notices of all assessments to landowners in the manner required by law and is authorized to docket or record such assessments in the real estate records of Pulaski County in the manner allowed uy law. • Landowners will have such appeal rights as are mandated by general law. Sec. 15-40. Approval and Payment for Individual Driveway/Entrance Construction. Any property owner desiring to connect a driveway, walkway, or other entranceway to Town streets or alleys must receive the approval of the Director of Public Works in writing before undertaking any construction. All work shall be made under the supervision of the Town Director of Public Works and in accordance with specifications established by the Town Engineer for such construction. The Town reserves the right to perform the actual work if the Director of Public Works deems it in the Town's best interest. ' Such specifications may provide for approval of a site plan, culverts, retaining walls, materials, sight distances, contours and other criteria reasonably calculated to provide proper drainage and to avoid interference with pedestrian or vehicular traffic and public utilities. The cost for all such construction requested and benefiting an individual lot or tract will • be the responsibility of the individual property owner. It will be the responsibility of the property owner to obtain and/or provide all necessary easements, including but not 355 • limited to drainage easements from the point of diversion to a designated system collection point. Sec. 15-41. Removal. In addition to any other remedy available to Town officials, the Director of Public Works is authorized to remove or block any driveway, walkway, or other entranceways to Town streets or alleys which has been constructed in violation of this ordinance or which is an unauthorized encroachment on Town property. 356 • I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia do hereby certify that the foregoing Ordinance No. 95-36 Amending Article to Commonwealth Chapter 15 the Town Code, Provisions Dealing with the Construction of Curb, Gutter Sidewalks, Driveways, Curb Cuts and Drainage is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on November 21, 1995. Ruth A. Harrell, Clerk of Council • •