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ORDINANCE NO. 12,501
AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR THE CONSTRUCTION
AND RECONSTRUCTION OF SIDEWALKS, DRIVEWAYS, BOTH PRIVATE AND COMMERCIAL,
CURBS AND GUTTERS ON PUBLIC PROPERTY; PROVIDING FOR PERMITS TO BE ISSUED
BY THE.COMMUNITY DEVELOPMENT DEPARTMENT UPON WRITTEN APPLICATION AND A FEE;
ADOPTING STANDARDS FOR CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND
GUTTERS IN THE CITY OF LITTLE ROCK; PROVIDING FOR THE LOCATION AND GRADE
FOR SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS TO BE APPROVED BY THE CITY;
PROVIDING A PENALTY; PROVIDING EXCEPTIONS; PROVIDING FOR RIGHT OF APPEAL;
PROVIDING FOR THE VALIDITY OF THIS ORDINANCE; DECLARING AN EMERGENCY;
REPEALING ORDINANCE NUMBER 10,843; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Directors finds that it would be in the public interest
*a- 9WCablish and define standards for the construction and reconstruction of all
sidewalks, driveways, both private and commercial, curbs and combination curbs and
gutters constructed on public property to protect and preserve the public property
and safety;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. IMPROVEMENTS AND PERMIT REQUIRED
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�Paragraph A. It shall be unlawful for any person, firm or corporation to con-
>' struct, reconstruct, alter, remove and /or replace any curb, curb and gutter, side-
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_,walk, or driveway on public property within the City of Little Rock without first
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N having obtained a permit from the Department of Community Development. All such
construction, reconstruction, alteration, removal or replacement shall be under
the supervisions of the Department and in accordance with the specifications here-
inafter provided.
Paragraph B. Before a permit shall be issued as provided by Sec. 1, para. A,
the abutting property owner or his duly authorized agent shall submit an application
therefore in writing with a plan in triplicate made a part of such application showing
the location, design and layout of the proposed improvement.
Paragraph C. When such written application and plan has been duly submitted to
and approved and the fee hereinafter required is paid, the Department shall issue a
permit for such improvements, provided the plan showing the location, design, layout
and specifications shall conform with the basic standards, specifications, details
and designs hereinafter made and provided.
Paragraph D. A fee of $2.50 shall be charged by the Department at the time an
application for a permit as herein required is made for residential drives or side-
walks per lot and $5,00 for each commercial drive or sidewalk per lot, and such sum
shall be paid into the general fund of the City of Little Rock. Provided, however,
where the General Contractor constructs and pours his own drives or sidewalks provided
for herein, there shall be no necessity for a separate permit fee for such purposes;
It
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provided further that construction plans and specifications be submitted and approved
and that the forms be inspected by the Department prior to the actual pouring for
such drives or sidewalks.
Paragraph E. No permit shall be issued by the Department for any construction
on private property, or for alterations of a parkway or public right -of -ways for
other than single and two - family residences within the City of Little Rock, unless
said applicant has complied with the provisions of this Ordinance. The Department
may at its option waive and of the provisions of this Ordinance. When such waivers
are authorized a written memo shall be entered into the application file setting
forth the reasons for the waiver.
Paragraph E. Whenever the term "inner curbing" is used in this Ordinance, it
shall mean only that portion of the curbing required herein along driveways and side-
walks and not constituting the curbing which borders and marks the margin of the
street designated and constructed for vehicular traffic. Whenever the term "street
curb" is used, it shall mean the portion of concrete curbing and structure which
borders and marks the margin of the street designated.and constructed for vehicular
traffic.
Paragraph G. In those cases where the street, curb and gutter, corner radius,
or sidewalk have not been constructed, are inadequate, or in a state of disrepair
when application for a permit as provided in Paragraph A of this Section is made,
and the location and grade of such street curb and gutter or sidewalk can be established,
then the department shall have the option of requiring the construction or reconstruc-
tion of such street curb and gutter, corner radius, or sidewalk according to the
provisions of this Ordinance. Plans and specifications shall be subject as herein-
after provided.
Paragraph H. In those cases where the grade and location of the street curb
and gutter cannot be established because of existing conditions, then the street
curb and gutter may be omitted until such time as the remaining street curb and gutter
along said block is constructed by or at the instance of the City of Little Rock;
provided that construction of temporary curbs and driveways may be authorized pend
ing establishment of grades and location of permanent curbs and gutters. The Depart-
ment of Community Development is hereby authorized to secure on behalf of the City
of Little Rock, a contract agreement binding the owner of a subject property to con-
struct off -site improvements as required herein, at such time as uniform grades can
be established. Such contract agreements shall not exceed two years in term.
SECTION 2.
LAYOUT AND DESIGN
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The design, layout and plans for the construction, reconstruction, alteration
and /or replacement of all sidewalks, curbs and gutters, driveways, both private and
commercial, shall conform and be constructed according to the design and layout as
described herein and as approved by the Department.
1. All radii shall be a minimum of five feet (51) and a maximum of fifty feet
(501) and a point of tangency shall not extend beyond a line, drawn from the point
of intersection of a property line with the right -of -way line of a street, and per-
pendicular to the center line of the street, and all curb radii shall be tapered to
meet the grade of the outer edge of the sidewalk as approved.
2. No driveway shall be constructed closer than five feet (51) to a line,
drawn from the point of intersection of a property line with the right -of -way line
of a street, and perpendicular to the center line of the street, except where property
abutts an alley and then the minimum distance shall be ten (10) feet. Single
family driveways may be constructed at the property line with a maximum opening of
twenty feet (201). All multiple driveways shall be separated by a minimum forty foot
(401) safety island, and the maximum driveway opening shall not exceed forty feet
(401). All above measurements shall be along the outer edge of the sidewalk.
3. The minimum distance between a driveway and an exterior lot corner shall be
twenty -five feet (251) as measured from the closest point of the driveway to the
exterior lot line.
4. No driveway shall be constructed at an angle of less than forty -five degree
(45 °) to the property line.
5. No pump island shall be constructed closer than fifteen feet (151) to the
property line.
6. Expansion joints shall be installed at the property line and made in accord-
ance with accepted engineering practices, as approved by the Department.
7. Maximum slope of sidewalk shall be one - fourth (1/411) per foot above top of
curb or as approved by the Department.
8. Standard finish for concrete sidewalks shall be a smooth trowel finish with
a final light brooming for a nonslip surface texture.
9. Other finishes and materials for sidewalks are authroized as follows:
(1) Exposed aggregate - Exposed aggregate sidewalks may be constructed and
maintained, provided any such exposed aggregate concrete shall have an
average relief of aggregate of one -eight inch (1/811) with a maximum depth
not to exceed three - sixteenth inch (3/1611). Thickness of concrete shall be
at least four inches (411) at all points. No wood divider strips or spacers
shall be installed. No sharp or jagged aggregate edges shall be exposed in
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the surface of such sidewalk.
(2) Colored concrete. Colored concrete sidewalks may be installed and
maintained if installed as standard finish under subsection (7) above.
The introduction of coloring material shall be in accordance with proced-
ures set forth in the most recent Portland Cement Association Bulletin.
(3) Brick or flagstone. Brick or flagstone sidewalks may be installed if
laid on a concrete slab in such a manner that the total strength of the
sidewalk shall be equivalent to a four inch (411), three thousand pounds
(3,000 lbs.) per square inch sidewalk. Relief at joints in the surface
shall be no greater than one -eight inch (1/811). Used brick will not be
permitted.
SUB - SECTION 2. RETAINING WALLS
All retaining walls shall be constructed on private property.
SECTION 3. MISCELLANEOUS PROVISIONS
Paragraph A. On property situated at the corner of intersecting streets, side-
walks shall extend to the street curb line of the intersecting street. Sidewalks may
be required on both the side and front streets when the need thereof for pedestrian
traffic is apparent.
Paragraph B. After all work is completed the Contractor or other person in
charge of such work shall remove all rubbish, waste and excess materials and have
the land used for construction purposes and the street and right -of -way area in a
neat and clean appearing condition.
Paragraph C. When an off - street parking area adjoins public right -of -way inner
curbing shall be provided as follows: When no sidewalk exists or is proposed in the
right -of -way the inner curb may be located on the property line; if the proposed
parking is to be parallel to the right -of -way line the inner curbing may be located
on the property line; if there is an existing or proposed sidewalk and the proposed
parking stalls are to be oriented into the sidewalk, the inner curbing shall be
located two and a half feet (2'1) inside the property line. The inner curb shall be
at least four inches (411) in width and extend a minimum of four inches (411) above the
driving surface and a minimum of six inches (611) below the driving surface. A
re- enforced pre -cast curb or fence equivalent to this curb may be used upon approval
by the department.
Paragraph D. No step or offset shall be constructed in any sidewalk outside
property lines, except where certain conditions necessitate such step or offset and
then only at the instance of written instructions from the Department. Where such
step or offset is likely to occur, the contractor shall notify the Department before
constructing same.
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Paragraph E. All driveways into private property must be concrete from the
street curb line to property line on approved grades. Single and two - family drive-
ways may be constructed of asphalt except where there is a sidewalk adjacent to the
property. In such cases the driveway shall be concrete to the back edge of the
sidewalk.
Paragraph F. The width of all sidewalks shall be a minimum of four feet (41)
and inned edge shall be on the property line. Greater widths may be required where
necessary due to pedestrian needs. No driveway apron shall extend out into the
street further than the face of the curb, nor into the gutter area; provided, however,
the apron area shall be paved from the sidewalk to the street pavement where no curb
or gutter section is established.
Paragraph G. The top or wearing surface of the sidewalk shall be blocked off
with a trowel or tool made for that purpose. All corners must be rounded so as not
to leave any square edges or sharp projections.
Paragraph H. For the purposes of this Ordinance improvements within the public
right -of -ways and streets shall include street construction, reconstruction and
improvements, construction preplacement and /or repair of sidewalks, curbs, gutters
and appurtenant drainage facilities including catch basins, and driveways connecting
private property to public streets. All construction and improvements performed
under the authority of this Ordinance shall comply with the standards and specifica-
tions set forth herein and all other applicable City Ordinances. The required widths
for all improvements under this Ordinance shall be according to the adopted Master
Street Plan of the City of Little Rock.
Paragraph I. The preparation of all plans and specifications and the super-
vision of installations pursuant to this Ordinance shall be done by a Registered
Professional Engineer licensed to practice in the State of Arkansas.
Paragraph J. Whenever a public alley is used to provide access to a vehicular
parking area, the alley shall be improved, reconstructed or repaired as provided herein.
SECTION 4. STREET CURB AND GUTTER
All work under this Ordinance shall be done in accordance with the City of Little
Rock Standard Plans and Specifications for the construction of street curbs and
gutters approved and adopted by the Board of Directors, and all such construction
shall be done under the supervision and inspection of the Department.
SECTION 5. AUTHORITY OF DEPARTMENT OF COMMUNITY DEVELOPMENT
The Department's representative shall be authorized to suspend work on any job
for any period whenever he may deem such suspension to be necessary to insure good work
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or in the public interest; but no such suspension shall ordinarily extend longer
than one week.
Paragraph B. The Department of Community Development shall be authorized to
give all notices and instructions with reference to the work either to Contractor or
his agent or to any person in charge of the work on the ground.
Paragraph C. The decision of the Department with reference to all materials,
whether free or incorporated in the work, shall be fully binding on all parties at
interest.
SECTION 6. RESPONSIBILITY OF THE CONTRACTOR
Paragraph A. From and after the effective date of this Ordinance, it shall be
unlawful for any person, firm or corporation to lay, construct, build, repair, rebuild
or in any manner work on any of the sidewalk, curbs, gutters, streets, alleys or public
thoroughfare within the City of Little Rock without first having obtained a Certificate
of Qualification from the Department. The Department shall investigate the qualifica-
tions of any applicant to adequately perform said work; and, if found qualified, a
Certificate of Qualification shall be issued. The holder of such Certificate of Qualif-
ication so issued will then apply to the City Collector for a Privilege License as a
Contractor building concrete sidewalks, gutters and driveways. Provided, however,
that where a General Contractor is constructing his own sidewalks, gutters and drive-
ways and has paid a Privilege Tax as such General Contractor, he shall not be required
to obtain the Privilege License herein provided for. Said Privilege Tax shall be
in the sum of $25.00 per year, and shall not be accepted by the City Collector until
satisfactory evidence, in the form of a Certificate of Qualification is presented to
him. Such qualified contractor shall, in addition to the above, obtain a permit from
the City to perform each and every separate job of construction of any sidewalk, curb,
gutter or driveway, and shall pay a fee to the City Collector for such permit herein
provided. Upon making application for an annual privilege tax, each applicant shall
state in the application for such annual privilege tax, the location of his place of
business, the name under which business is to be conducted and shall notify the City
Collector and the Department of Community Development immediately of every change of
address or of the organization. Such Certificate of Qualification or Privilege License
shall not be transferable and such contractors shall not sub -let any work to any person
who has not been duly qualified by the Department of Community Development and who has
not paid the annual privilege tax for the privilege of engaging in such business. Each
and every person, firm or corporation licensed under the terms of this Ordinance shall
notify the Department of the date on which he does any work or contract concerning work
upon curbs, sidewalks, gutters or driveways located in public property.
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Paragraph B. Each and every contractor or other person in charge of work within
the scope of this Ordinance shall familiarize himself with all provisions of the
Ordinance covering such work, and may, upon request, receive explanations and
instructions pertaining to the provisions of this article from the Department.
Paragraph C. Whenever during the excavation for any construction under provi-
sions of this Ordinance, the Contractor or party doing such work discovers a City
monument or survey mark, he shall notify the Department and use all possible caution
to protect such monument or survey mark.
Paragraph D. Contractors shall begin work in all cases within one hundred and
twenty (120) days after the permit for such work is issued, and shall prosecute the
same continuously until the work is completed unless unavoidably delayed by weather
conditions or other cause not within the control of the Contractor. Said permit is
subject to renewal with the approval of the Department of Community Development.
SECTION 7. BOND AND RESPONSIBILITY
Paragraph A. The Department shall not issue any permit herein provided for until
the applicant therefor has posted a bond, as provided in Paragraph B of this Section,
with the City Clerk to secure the City of Little Rock in compliance with the provisions
of this Ordinance.
Paragraph B. The Bond herein required shall be in the principal sum of not less
than One Thousand Dollars ($1,000.00) and made payable to the City of Little Rock and
shall be conditioned that the principal or obligator on said bond shall well and
faithfully at his own cost and expense furnish all proper materials, tools and appli-
ances, and perform, execute, construct and complete all such work within the scope and
purview of this Ordinance; and will observe and comply with all the rules, regulations,
specifications, and other requirements of this or any other Ordinance of the City of
Little Rock; and such bond must be approved by the City Attorney before it shall be
deemed as having been filed with the City Clerk. Whenever the Department may declare
in writing that the contractor has failed or refused to construct and complete any such
work in accordance with the permit for such work and in accordance with the provisions
of this Ordinance, then and thereupon either the City of the contracting property
owner injured on such construction agreement may recover his damages upon such bond.
Such bond shall be a corporate surety bond and shall be executed by any corporate
surety company permitted under the laws of the State of Arkansas to act as sureties
on bonds and each such bond shall continue in effect for and during a period of one (1)
year. No surety may cancel his obligations on said surety bond without having first
given ten (10) days' written notice to the Department that they so intend to do. And
when such surety bond has been cancelled, then the contractor who was the principal
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shall not begin or complete any work unless and until a new bond, as herein provided,
shall be filed with the City Clerk.
Paragraph C. At all times and period during which any work under this Ordinance
is being performed and until such work is completed and accepted and approved by the
Inspector, the Contractor shall place and maintain, in accordance with Ordinance #11,471,
all necessary and proper barriers and other safeguards, including watchmen, if necessary,
upon and around the work for the prevention of accidents, and at night he shall place,
maintain and keep suitable and sufficient lights and flares to warn of the obstructions
and hazards; and the person doing such work under said permit shall and will indemnify
and save harmless the City of Little Rock from and against any and all actions and
claims and against all costs, damages and expense to which the City may be put by
reason of any injury or alleged injury to any person or property resulting or alleged
to result from or to be occasioned by any act, negligence, carelessness or want of
skill in connection with or in the conduct of any said work, or in guarding same, or
from any improper methods, tools, implements or materials used in its prosecution or
by or on account of any alleged act or omission whatever of the Contractor or his agents,
employees or servants; and, the Contractor, person or firm or corporation doing said
work under the permit as herein provided for shall well and truly make payment of any
and all sums so recovered against the City of Little Rock in any suit or suite on
account of such alleged injuries to which the City may be made a party, together with
all such costs, damages and expenses as may be suffered of the City of Little Rock, all
in such manner as to save the City whole and harmless from all such actions or claims.
SECTION 8. PENALTY.
Any person, firm or corporation violating any of the provisions of this Ordinance
shall, upon conviction, be fined in any sum not exceeding Two Hundred Dollars ($200.00),
and each day a violation continues shall constitutue and be a separate offense.
SECTION 9. VALIDITY OF THIS ORDINANCE
In the event any section, paragraph, sentence, clause or phrase of this Ordinance
be declared unconstitutional or invalid for any reason, the remainder of said Ordinance
shall not be affected thereby; and it is intended that every other section, paragraph,
sentence, clause and phrase of this Ordinance shall remain and be in full force and effect.
SECTION 10. EXCEPTIONS
Paragraph A. The provisions of this Ordinance shall not apply to the construction
of any public works by the City of Little Rock on any public property. But it shall be
the policy of the City of Little Rock to construct all public works consistent with the
provisions of this Ordinance except in those cases where the Board of Directors should
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find it necessary in the public interest to vary therefrom, except as noted herein.
Paragraph B. The provisions of this Ordinance shall apply only to the street
abutting the lot or lots on which the improvements or set of improvements comprising
the component unit or units of a separate individual house, apartment or business
with and including all appurtenant structures and areas used in connection therwith
and as a part thereof are located; and, in those cases where an application for a
permit is made for improvements on land, or addition or alteration to improvements
already situated on land, not subdivided or, platted into the desired ultimate divisible
units or lots thereof, then the applicant shall show on the plan submitted with the
application hereinabove required, the proposed boundaries of the individual tract of
land on which such improvements with all appurtenant structures and areas comprise
the whole of the separate house, apartment, or business and such tract as shown on
the plan shall constitute the "abutting property" within the meaning and scope of this
Ordinance; provided, that this exception shall never be constructed as permitting the
erection of buildings prohibited by other Ordinances as amended or of authorizing
permits for improvements or construction not heretofore authorized by Ordinance of the
City of Little Rock.
SECTION 11. RIGHT OF APPEAL
Any interested person aggrieved by a decision of any administration official of
the Department of Community Development in administering the provisions of this
Ordinance shall have the right -of appeal to the Board of Directors.
SECTION 12. It has been determined that there is an immediate need for compre-
hensive standards and specifications for the construction and reconstruction of side-
walks, driveways, both private and commercial, and curbs and gutters on public property,
all for the public safety; and that the enactment of this Ordinance will accomplish this
purpose; now therefore, an emergency is hereby declared to exist, and this Ordinance
being necessary for the preservation of public peace, health and safety shall take
effect and be in force from and after its passage and approval
SECTION 13. REPEALING ORDINANCE IN CONFLICT
Ordinance number 10,843 and all other Ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
PASSED: June 21, 1971
ATTEST: 4 "
City Clerk
APPROVED:
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ayor