Title 6 – Streets, Sidewalks and Public Places

TITLE 6 – STREETS, SIDEWALKS AND PUBLIC PLACES

Chapter 6.01 – Street Names and Addresses
Chapter 6.02 – Streets, Sidewalks, Curb and Gutter
Chapter 6.03 – Snow Removal
Chapter 6.04 – Moving Buildings
Chapter 6.05 – Municipal Trees

CHAPTER 6.01 – STREET NAMES AND ADDRESSES

6.0101 Names of Streets and Avenues. The names of all streets and avenues in the City shall be fixed and adopted in accordance with the official map of the City on file in the office of the Finance Officer. Other streets shall be named in accordance with guidelines included in the City subdivision regulations. Any such act of naming, establishing, or vacating any street, alley or other public way in the City shall be so designated on such map. (SDCL 9-45-2)

6.0102 Numbering Plan. A numbering plan for residences and businesses shall be maintained by the City Council. A listing of the assigned numbers and a map showing the location of addresses shall be maintained and filed in the Finance Office. The Finance Officer shall be responsible for assigning new numbers and updating the listing of such numbers and the location map. (SDCL 9-45-2)

CHAPTER 6.02 – STREETS, SIDEWALKS, CURB AND GUTTER

6.0201 Street Surfacing. The hard surfacing of streets shall be at the expense of the City and Owners of the property abutting the street(s) to be surfaced with materials to be approved by the City Council. At the discretion of the City Council, the total cost of the street improvement may be shared, with the City paying one-half (½) the costs and adjacent property owners, located on either side of the street improvement area, paying one-half (½) of the costs. The cost of street oiling or street and alley intersections may also be shared in the same manner. (SDCL 9-45-31) In all cases in which cost sharing is required by the City Council, all adjacent property owners located on either side of the project area shall be assessed on a frontage foot basis, for the costs related to the improvement.

6.0202 Street Excavations. No person shall make or cause to be made any excavation except as hereafter provided, in or under any street, sidewalk, alley, or public ground or remove any earth, soil, paving, gravel or materials therefrom without first having called South Dakota One Call. Application for such approval shall state where such excavation is to be made, the extent thereof, and the purpose of such excavation.

6.0203 Excavation Permits. Applications for excavations other than emergency situations may require a deposit in such sum as deemed necessary by the City Council to ensure proper replacement and refilling of any such excavation or to cover the costs of any damages which may be caused by such excavation.

Any required deposit shall be paid to the City before approval of an application is made and any unused portion of said deposit shall be refunded to the applicant upon recommendation and approval of the City Council.

6.0204 Excavation Repairs. Approval for any excavation covered by this Chapter shall be issued only upon the express condition that the applicant shall refill such excavation in accordance with the requirements of the City Council, and shall restore the pavement or surfacing, as the case may be, to its former condition. The City Council shall adopt and amend as necessary such requirements which shall set forth the manner in which various types of excavations shall be backfilled or refilled and the manner in which any street surfacing shall be replaced. Applicant shall be responsible for said excavation for a period of two years.

6.0205 Excavation Inspections. It shall be the duty of authorized City personnel to inspect all authorized excavation work at any stage of construction and to ensure compliance with approved requirements. If all backfilling, refilling, or surfacing is not completed in accordance with approved requirements, notice thereof in writing shall be given to the applicant, who shall put the same in proper order within a maximum of ten (10) days. If the applicant fails after such notice to complete all requirements, the City Council may authorize the necessary repairs and such applicant shall pay the costs thereof.

6.0206 Excavation Barriers. Any person receiving approval to make excavations in or upon any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect and maintain around the same both day and night suitable guards, fences, flares, and signals so as to prevent injury to persons, animals, or vehicles on account of such excavations. No open trench shall be left open for any more time than considered absolutely necessary or reasonable.

6.0207 Sidewalks. Unless otherwise determined by the City Council, the inside of the sidewalk shall be the property line. Sidewalk construction shall include base material of three inches in thickness, of approved materials. Sidewalks shall be no less than three and one-half inches in thickness, of Portland Cement Construction, and not less than four (4) feet nor more than five (5) feet wide in residential areas, with slope toward street of one-fourth inch per foot. When considered necessary and advisable for the peace, welfare, and safety of the people, the City Council may direct that new sidewalk be constructed and assessed to any abutting property owner in accordance with SDCL 9-46.

6.0208 Driveway Approaches. No driveway approaches shall protrude or extend into the streets beyond the curb line, unless otherwise so authorized by the City Council. Concrete driveway approaches shall be of four (4) inch Portland Cement Construction, with the slope gradual to accommodate modern vehicles. On gravel thoroughfares driveway approaches constructed shall permit flow of surface water without drainage interference and shall permit proper blading and maintaining of streets. (SDCL 9-45-1)

6.0209 Curb and Gutter. Curb and gutter shall be of Portland Cement Construction, not less than three thousand (3,000) PSI, with curb six (6) inches in width, and extending six (6) inches above the gutter. Gutter shall be of six and one-half (6.5) inch thickness, extending twenty-four (24) inches into the street. The City Council may direct that curb and gutter be constructed and the cost assessed against any abutting property owner. (SDCL 9-45-5)

6.0210 Permits. When constructed separately from an over all construction project, property owners or their agents shall submit applications for permits for approval by the City Council for sidewalks, driveway approaches, curbs, or curb and gutter. When these improvements are constructed simultaneously or as one project, only one application is necessary to include all improvements, and where any or all are part of new construction projects, only one permit for the overall construction shall be issued. All improvements, installations, and engineering recommendations shall be in conformance with specifications or recommendations approved by the City Council.

6.0211 Barrier-Free Construction. Whenever any person, firm or corporation makes new installations of sidewalks, curbs or gutters, in both business and residential areas, it shall be required that they install ramps at crosswalks, so as to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for blind persons. All such ramps shall be constructed or installed in accordance with design specifications according to the most current American National Standards Specifications published by the American National Standards Institute or according to Americans with Disabilities Act specifications. (SDCL 9-46-1.2)

6.0212 Permission to Deposit Materials. No person shall deposit, place, store, or maintain, upon any public place of the municipality, including street rights-of-way, any dumpster, container, stone, brick, sand, concrete or any other materials. Violation of this section shall constitute a Misdemeanor.

CHAPTER 6.03 – SNOW REMOVAL

6.0301 Duty to Remove. It shall be the duty of the owner, tenant, or person in possession of any property abutting on any sidewalk to keep such sidewalk free from snow and to cause any accumulated snow to be removed within forty-eight (48) hours after the termination of any snowfall, or snow accumulation. (SDCL 9-30-5) A violation of this section shall be a misdemeanor.

6.0302 Disposal of Snow. It shall be the duty of the property owner, tenant, or person in possession of any public or private driveway, parking lot or parking area to dispose of accumulated snow upon such property in such manner that any snow when removed shall not be deposited upon any sidewalk, within or upon any public street or alley, after such public street or alley has been cleared of snow by grading of such snow away from the curb or picking up and carrying away of such snow by the City, or in a manner that will obstruct or interfere with the passage or vision of vehicle or pedestrian traffic.

6.0303 Removal Costs Assessed. In the event any owner, tenant, or person in possession of any property shall neglect or fail to or refuse to remove such snow or ice within the time provided, any authorized officer of the City may issue a citation for such violation and the City Council may authorize such removal with the costs to be assessed against the abutting property owner. (SDCL 9-30-5)

CHAPTER 6.04 – MOVING BUILDINGS

6.0401 Permit Required. No person shall move any building or part of building into, along or across any public street, alley, or grounds in the City without having obtained a moving permit. (SDCL 9-30-2)

6.0402 Applications. Written application for a moving permit shall be filed with the Finance Officer, and shall include the name of the applicant, the name of the owner of the building, a description of the lot on which such building is standing and the lot to which it is to be moved, if located in the City, the route along which it is proposed to move such building, and the length of time which may be consumed in such moving. Any application so filed shall be considered by the City Council for approval, and any other conditions to be complied with by the applicant, shall be stated.

6.0403 Surety Bond. No license shall be granted until the applicant shall file with the Finance Officer a bond running to the City in the penal sum to be established by the City Council, with sufficient surety, and conditioned that the applicant will promptly repair and make good, to the satisfaction of the Council, any and all damage to any pavement, sidewalk, crosswalk, hydrant, street, alley, or other property, done or caused by himself or his employees, in moving such building or part thereof, or in connection with the moving thereof. The applicant shall indemnify and save harmless the City against any and all liability for damages, costs and expenses, arising or which may arise or be incurred in favor of any person by reason of any negligence or misconduct or act on his part or the part of his agents or employees, in connection with the moving of said building or part thereof, or the use of any public ground for such purpose.

6.0404 Standing Buildings. No building or part of a building being moved, shall be allowed to stand still in any public street or any public ground for more than twenty­-four (24) consecutive hours.

6.0405 Permission of Property Owners. No moving license granted by the City shall authorize the holder thereof to break, injure, or move any telephone, electric light, power or cable TV wire or pole, or to cut, trim or otherwise interfere with any property without the written permission of the owner or owners thereof. (SDCL 9-34-1)

CHAPTER 6.05 – MUNICIPAL TREES

6.0501 Authority and Jurisdiction. The City Council shall have the authority and jurisdiction of regulating the planting, maintenance, and removal of trees on streets and other publicly owned property to insure the public safety and to preserve the aesthetics of such public sites. The City Council shall also have the authority to determine the type and kind of trees to be planted upon municipal streets or in parks and may assist in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the corporate limits or within the area over which the City has jurisdiction, whether the same be on private or public property, and to make recommendations from time to time as to desirable statutes concerning the tree program and activities for the City. (SDCL 9-38-2)

Certain species of trees shall be prohibited from being planted in the street right-of-way for any of the following reasons: high susceptibility to disease, production of large or messy fruit, and growth habit. The following species of trees are prohibited from being planted in the street right-of-way:

SCIENTIFIC NAME – COMMON NAME  – REASON(S) FOR PROHIBITION

Acer saccharinum – Silver Maple – All varieties prohibited except North line and Silver Queen. Typically shallow rooted, causing sidewalks and curbs to heave and break; also weak crotched, making them subject to severe wind damage.

Betula sp. – Birch – All varieties prohibited except River Birch (Betula nigra). White barked birch are highly susceptible to the bronze birch borer which ultimately causes death of the tree.

Gleditsia triacanthos – Common Honeylcst – Dangerous thorns and messy seed pods.

Juglans sp. – Walnut – All varieties prohibited. Produce large fruit which make a mess on streets and sidewalks; also produce the chemical “Jugalone” which inhibits growth of turf beneath the tree.

Malus sp. – Crabapple – All varieties prohibited. Produce fruit which make a mess on streets and sidewalks.

Populus sp. – Cottonwoods – All varieties prohibited. Poplar roots cause broken curbs and sidewalks; rapid growth, making them subject to severe wind damage.

Salix sp. – Willow – All varieties prohibited. Subject to wind damage; growth habit of most varieties not compatible with right-of-way planting.

Ulmus Americana – American Elm – Susceptible to Dutch Elm Disease.

Ulmus pumila – Siberian Elm – Susceptible to canker; short lived.

Evergreen trees – All varieties prohibited. Create traffic hazards and may impede pedestrian movement.

Shrubs – All varieties over one foot in height prohibited. Create traffic hazards and may impede pedestrian movement.

Any person or persons planting prohibited trees or shrubs in street right of way area shall be given notice to remove the trees or shrubs, and in failing to do so the City is authorized to remove such plants and assess the owner of the property for the removal costs.

The following species of deciduous shade trees are recommended for planting in the street right-of-way, as well as other areas where shade trees are required:

SCIENTIFIC – COMMON – HEIGHT – USE
Acer platanoides – Norway Maple – 50′ – Street, lawn, parking lot
Acer rubrum – Red Maple – 50′ – Street, lawn
Acer saccharum – Sugar Maple – 50-75′ – Street, lawn
Acer freeman – Hybrid Maple – 50-60′ – Street, lawn,
Celtis occidentalis – Hackberry – 50-75′ – Street, lawn, parking lot
Fraxinus Americana – White Ash – 50-60′ – Street, lawn
Fraxinus pennsylvan. – Green Ash – 50-60′  – Street, lawn, parking lot
Gleditsia triacanthos – Thornless Honeylcst – 30-35′ – Street, lawn
Platanus x acerifolia – Sycamore – 90′ – Street, lawn, parking lot
Tilia Americana – American Linden – 60′ – Street, lawn, parking lot

6.0502 Duties of Property Owners. It shall be the duty of any person owning or occupying real property bordering on any street upon which property there may be shrubs or trees, to prune or remove such shrubs or trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersections, except where such services are provided for by utility firms. It shall also be the duty of such person to prune or remove shrubs or trees located in the street right-of-way adjacent to their property. Removal shall be required when such shrubs or trees are diseased, dead, of a prohibited species, or pose a safety hazard or nuisance. The person owning or occupying such real property shall be responsible for pruning shrubs and trees when they violate clearance requirements. The minimum clearance of any overhanging portion thereof shall be ten (10) feet whenever practicable, and twelve (12) feet over all streets except truck thoroughfares where the clearances shall be fourteen (14) to sixteen (16) feet, unless otherwise determined by the City Council.

6.0503 Removal of Hazards. Where any tree branches or hedges protrude or overhang on any thoroughfare within the City so as to be determined as in violation with this Chapter or affecting motor vehicle traffic and good maintenance practices, notification shall be given by the City Council to the property owner to remove such obstructions or undesirable branches or hedges within seventy-two (72) hours. If not completed within such time, the City Council may take immediate action to have such items removed with all costs assessed to the property owner. (SDCL 9-38-2)