Town of Bridger

Title 12: Streets, Sidewalks And Public Places

Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

Chapter 12.04 - SIDEWALKS, CURBS, AND GUTTERS

Chapter 12.08 - EXCAVATIONS

Chapter 12.12 - ENCROACHMENTS

Chapter 12.04 SIDEWALKS, CURBS, AND GUTTERS

Sections:

12.04.010 Approval of sidewalks and curbs.

12.04.020 Established grade.

12.04.030 Petition for sidewalk.

12.04.040 Order for sidewalk.

12.04.050 Notice.

12.04.060 Cost of construction.

12.04.070 Failure to construct.

12.04.080 Special fund.

12.04.090 Duty of owner to repair.

12.04.100 Duty to barricade.

12.04.110 Duty to remove snow.



 

12.04.010 Approval of sidewalks and curbs.

No curbing or sidewalk shall be constructed except by the written approval of the town council. The construction and location of any sidewalk so approved shall be in accordance with such specifications as the council shall prescribe, but all construction shall as far as possible be uniform.

(Prior code § 8-1-01)

12.04.020 Established grade.

Sidewalk and curb construction on improved or graded streets must conform with the established grade and sidewalk lines. On all other streets the construction must he to the satisfaction of the town official appointed by the council to supervise such work.

(Prior code § 8-1-02)

12.04.030 Petition for sidewalk.

Whenever the owners of a majority of lots in any one block in the town, fronting upon the same street or avenue shall petition the town council for the construction or reconstruction of a sidewalk, curb, or gutter along that side of the block, the town council shall order the construction or reconstruction of such sidewalk, curb, or gutter in accordance with this code and the laws of the state.

(Prior code § 8-1-03)

12.04.040 Order for sidewalk.

The town council upon its motion, or at the request of the owners of less than a majority of the lots in any one block, fronting the same street or avenue in the town, may order the construction or reconstruction of any sidewalk, curb, or gutter.

(Prior code § 8-1-04)

12.04.050 Notice.

Before any sidewalk, curb, or gutter is ordered constructed, a notice stating the time and place the town council shall consider the advisability of constructing or reconstructing the same, shall be sent by registered mail by the town clerk to all owners of any lots which will be compelled to bear any part of the cost of construction or reconstruction of the sidewalk, curb, or gutter. Service of notice made upon the duly authorized agent for any property affected shall be sufficient. The town clerk shall keep a record of the registry of such notices, and shall also make and keep on file an affidavit as to the names of persons upon whom service has been made by serving upon an agent, showing the name of the agent.

(Prior code § 8-1-05)

12.04.060 Cost of construction.

Whenever any street or avenue in the town shall be ordered improved by the construction, repair, or reconstruction of any sidewalk, curb, or gutter, the duty and expense of constructing, repairing, reconstructing, or maintaining the same shall devolve upon the owner of the property directly abutting on that side of the street on which the sidewalk, curb, or gutter is constructed, repaired, or reconstructed.

(Prior code § 8-1-06)

12.04.070 Failure to construct.

Whenever any sidewalk, curb, or gutter is ordered constructed, repaired, or reconstructed by the town council, if the work is not commenced by the owner within thirty (30) days from the service of notice on the owner or his/her authorized agent, or if after the commencement of such work it is not pursued with diligence, then such improvement shall be made by the town and the cost of construction, including the engineering cost, shall be assessed against the property in front of which the improvement has been made.

(Prior code § 8-1-07)

12.04.080 Special fund.

All moneys collected from assessments made for the construction of sidewalks, curbs, or gutters ordered by the town council shall be placed to the credit of the special sidewalk and curb fund.

(Prior code § 8-1-09)

12.04.090 Duty of owner to repair.

It shall be the duty of the owners and tenants of any premises within the limits of the town to keep the sidewalk in front of and adjoining their premises in good, safe, and substantial condition. The owners shall see that all breaks or unsoundness be repaired with all possible dispatch.

(Prior code § 8-1-10)

12.04.100 Duty to barricade.

When by any reason of the construction or repair of sidewalks from any cause whatsoever any sidewalk is rendered dangerous or impassable to the public, such sidewalk or portion of sidewalk shall be securely fenced, and from dark until sunrise red lights shall be maintained thereon.

(Prior code § 8-1-11)

12.04.110 Duty to remove snow.

It shall be the duty of the owners and tenants of any premises within the limits of the town to keep the sidewalk in front of and adjoining the premises clean and safe for pedestrians, and to remove with reasonable dispatch snow, ice, slush, mud, and any other impediment to safe and convenient foot travel.

(Prior code § 8-1-12)

Chapter 12.08 EXCAVATIONS

Sections:

12.08.010 Excavation across streets and sidewalks—Restoration required.

12.08.020 Extended excavation—Special permit required.

12.08.030 Excavation precautions.

12.08.040 Settlement repaired at owner's expense.

12.08.050 Excavation permits generally.

12.08.060 Notice of required resurfacing.

12.08.070 Deposit required.

12.08.080 Loss of deposit.

12.08.090 Applicability of other permit requirements.



 

12.08.010 Excavation across streets and sidewalks—Restoration required.

Any person who destroys the surface of any street or sidewalk within the town shall be responsible for restoring the surface of the street or sidewalk to its original grade and condition within forty-eight (48) hours after excavation is completed unless otherwise specified by the town council.

(Prior code § 8-4-01)

12.08.020 Extended excavation—Special permit required.

Any excavation made in streets or other public ways for any purpose shall not remain open more than forty-eight (48) hours unless a special permit has been received from the town clerk.

(Prior code § 8-4-02)

12.08.030 Excavation precautions.

Every precaution shall be taken when excavating in the streets or public ways to prevent the obstruction or disturbance of any gutter or other pipe or conduit. Sufficient barricades and warnings shall be placed around the excavation pursuant to standards acceptable in the trade being completed.

(Prior code § 8-4-03)

12.08.040 Settlement repaired at owner's expense.

Any settlement that occurs in the surface of the ground through the laying of any wires, or after excavation of any kind, or through laying of drain or water pipes, and within one year from the completion of the work, shall be repaired by the property owner for whom said excavation was completed, or by any business or establishment that completed the same for any public utility.

(Prior code § 8-4-04)

12.08.050 Excavation permits generally.

Any party desiring to excavate across any roadway or public street in the Town of Bridger, shall not be allowed to do so unless they have first obtained a permit under any other section of this code, or under this section from the town clerk. No permits shall be given unless the party doing the excavation has shown adequate proof of financial ability to repair the same if the party completing the excavation is not the owner of adjoining property, and if the party completing the excavation is not the owner of adjoining property, shall not receive a permit unless the owner desiring to do the same has signed a statement admitting that any cost to comply with the terms of this chapter shall be accessed as a special tax against the property in question, and giving to the town clerk an adequate legal description of said property for the purpose of assessment of the same in the event that it becomes necessary for the town to repair the property.

(Prior code § 8-4-05)

12.08.060 Notice of required resurfacing.

In the event that settlement occurs upon the excavation after it has adequately been resurfaced by the party excavating the same and approved by the town, the town shall give notice to the party named in the permit that settlement has occurred and that resurfacing is required. In the event that the party has not resurfaced said property within ten (10) days after receipt of notice, or made arrangements for resurfacing the same, and given notice of said arrangements to the town within said ten (10) day period, the town may resurface said property and may bill the owner of adjoining property or the permittee for the cost of the same.

(Prior code § 8-4-06)

12.08.070 Deposit required.

Any party desiring to excavate across any street in the town of Bridger, shall leave with the town clerk, a deposit in the amount of one hundred dollars ($100.00). Said deposit shall be held by the town clerk, to be released to the permit holder upon approval by the head of the street department of the resurfacing as completed. As soon as the street department has acknowledged that the street has been brought to its original grade and resurfaced, the deposit shall be released. This section shall not relieve the permit holder of any responsibility of resurfacing in the event that settlement occurs within a period of one year.

(Prior code § 8-4-07)

12.08.080 Loss of deposit.

In the event that the permit holder has not resurfaced the street after excavation within forty-eight (48) hours of the closing of the excavation, the town shall resurface the same, and shall assess to the permit holder the actual cost thereof and shall apply the money held on deposit towards said cost. Resurfacing by the town shall not relieve the permit holder from responsibility in the event of settlement within a period of one year.

(Prior code § 8-4-08)

12.08.090 Applicability of other permit requirements.

This chapter is not intended to repeal any other permits or sections in this code with respect to payment for excavation or receipt of permits. It is intended that this chapter shall require deposit to any permits required elsewhere. Any permits required elsewhere shall relieve the party doing the excavation from receipt of this permit, but shall not relieve said party the requirement of leaving the deposit required herein.

(Prior code § 8-4-09)

Chapter 12.12 ENCROACHMENTS

Sections:

12.12.010 Definitions.

12.12.020 Regulation of encroachments.

12.12.030 Projection and clearance.



 

12.12.010 Definitions.

The following words and phrases when used in this chapter shall have the meanings assigned to them below.

"Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the town officials.

"Encroachment" means all private devices placed upon the public right-of-way, including devices which overhang or underlie the right-of-way.

(Prior code § 8-2-01)

12.12.020 Regulation of encroachments.

No private signs, eaves, marquees, or similar devices shall encroach on the public right-of-way in the town, except as provided in this chapter, and then only by permit revocable on ten (10) days' notice issued by the town. Prohibited activities shall include nonemergency servicing of vehicles, parking, or placing of portable advertising devices on the public right-of-way.

(Prior code § 8-2-02)

12.12.030 Projection and clearance.

The outermost portion of an overhanging device shall be at least two feet behind the face of the curb, or where there is no curb, from the shoulder of the roadway, and the lowest portion of an overhanging device shall be at least seven and one-half feet above the top of the curb, sidewalk, or roadway shoulder elevation.

(Prior code § 8-2-03)