HomeMy WebLinkAboutOrdinance No. 1785, Revisions to Chapter 12.22 of the Bozeman Municipal Code.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Allyson C. Bristor, Associate Planner
Rick Hixson, City Engineer
Chris Saunders, Interim Planning Director
Chuck Winn, Assistant City Manager
Chris Kukulski, City Manager
SUBJECT: First Reading Ordinance 1785, amending Chapter 12.22 of the BMC,
“Downtown Sidewalk Encroachment Permit Program,” to allow for non-
substantial, substantial, and exclusive uses in public right-of-way of the
Downtown Business District.
MEETING DATE: March 29, 2010
AGENDA ITEM TYPE: Action.
RECOMMENDATION: Consider the presented draft Ordinance 1785 and information and
decide whether the: a) Staff recommended clarifications and enhancements related to the existing
Downtown Encroachment Permit Program are acceptable and b) the introduction of substantial
encroachment in public right-of-way of the Downtown Business District is desirable.
BACKGROUND: The City Commission directed the preparation of revisions to the City’s
“Downtown Sidewalk Encroachment Permit Program,” of Chapter 12.22 BMC that would allow
a) clarifications and enhancements related to the existing Downtown Encroachment Permit
Program (shown in red text in the draft ordinance) and b) the introduction of substantial
encroachments in public right-of-way of the Downtown Business District (shown in blue text in
the draft ordinance). City Staff reviewed the current encroachment program and suggested ways
for improvement, investigated the physical and fiscal implications of all types of encroachments
and exclusive uses, considered the appropriate length of term all types of encroachments, and has
drafted an ordinance for Commission consideration. Draft Ordinance 1785 is attached to this
memo.
City Staff recommends the revisions shown in red text be adopted by the City Commission. The
revisions shown in blue text introduce the idea of substantial encroachment (Section 12.22.060
and 12.22.070) in public right-of-way. Staff is asking the Commission to decide whether or not
this type of substantial impact and modification to downtown right-of-way is appropriate and
desirable.
The issue of substantial and long-term encroachment of downtown right-of-way was first
considered by the City Commission at the February 1, 2010 public hearing. The issue was
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further considered and discussed by the City Commission at the March 4, 2010 public policy
meeting.
FISCAL EFFECTS: If the Commission chooses to adopt the presented revisions, new
application fees will be enacted by the City of Bozeman.
ALTERNATIVES: Suggest additional revisions to Chapter 12.22 of the BMC, “Downtown
Sidewalk Encroachment Permit Program,” prior to final adoption.
Attachments: Draft Ordinance 1785
Summary of Public Advisory Board Participation
Hypothetical Project Cost Summary
Exhibits of truck turning maneuverability
Example of temporary sidewalk panels
Report compiled on: March 24, 2010
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ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING CHAPTER 22 OF TITLE 12, DOWNTOWN SIDEWALK
ENCROACHMENT PERMIT PROGRAM, OF THE BOZEMAN MUNICIPAL CODE
TO ALLOW FOR NON-SUBSTANTIAL, SUBSTANTIAL AND EXCLUSIVE USES IN
PUBLIC RIGHT-OF-WAY OF THE DOWNTOWN BUSINESS DISTRICT.
WHEREAS, the City of Bozeman has adopted a growth policy identifying the
Bozeman downtown area as important to community character and economic development
policy; and
WHEREAS, the City of Bozeman has adopted a downtown Bozeman neighborhood
plan identifying Bozeman’s historic core as unique for the region and should be used to increase
economic competiveness; and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program which regulates and controls private uses and encroachments occurring upon
public rights of way sidewalk businesses and advertising in the Downtown Business District;
and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program that is fair and equitable and that will enhance the overall appearance, ambiance
and environment of in the Downtown Business District; and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program that serves and protects the health, safety and welfare of the general public; and
WHEREAS, at its public hearing, the City Commission found that the proposed
Bozeman Municipal Code amendment would be in compliance with applicable statutes and
would be in the public interest.
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of ____ to ____, that:
Section 1
Chapter 12.22 of the Bozeman Municipal Code be amended as follows:
12.22.010 Purpose and Intent.
It is the intent of the City Commission, in enacting this ordinance to:
A. Serve and protect the health, safety and welfare of the general public;
B. Establish a uniform set of rules and regulations for Regulate and control private uses and
encroachments occurring upon public rights of way sidewalk businesses and advertising in the
Downtown Business District of the City of Bozeman by establishing distinct criteria to permit
and/or approve Non-Substantial Encroachments, Substantial Encroachments, and Exclusive Uses
as defined under this Chapter; that are fair and equitable; and
C. Develop a fair and equitable program that will enhance the overall appearance, ambiance
and environment of in the Downtown Business District of the City of Bozeman.
(Ord. No. 1567 § 2(12.22.010), 9-9-2002)
12.22.020 Definitions.
For the purposes of enforcement of this chapter, the following definitions apply:
A. “Block Face” means one side of a street between two consecutive intersecting rights of
ways, including alleys; that portion of all city sidewalks fronting the streets along Mendenhall,
Main, and Babcock Streets and lying between avenues running in a north-south direction.
B. “Downtown Business District” means those areas of the B-2 and B-3 zoning district of
the City of Bozeman located on or between the north side of Lamme Street and the south side of
Olive Street and on or between the east side of Broadway Avenue and west side of 3rd Avenue;
C. “Commercial Use” means any activity involving the sale of goods or services carried out
for profit;
DB. “Director” means the Director of Public Service and includes the Director’s authorized
representative;
EC. “Encroachment” means any fixture or device including but not limited to a showcase,
table, bench, rack, handcart, pushcart, sign, portable sign,or stall, newspaper dispensers and
publication racks, seating area, fence, barrier, or partition which intrudes into or invades the
public right of way;
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F. “Exclusive Use” means any act undertaken by a private entity upon the public right of
way of the Downtown Business District that excludes the public, whether direct or implied, in
their normal use and enjoyment of the public right of way;
G. “Non-Substantial Encroachment” means any encroachment occurring upon the public
right of way of the Downtown Business District that is temporary and mobile in nature and does
not modify the material components of the public right of way;
H. “Permanent” means a period of six months or more;
ID. “Portable Sign” means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including but not limited to signs
designed to be transported by means of wheels and signs converted to A- or T-frames; as defined
by 18.65.020 which is set in the public right of way.
JE. “Public Right of Way” means any area legally open to public use including but not
limited to, and projecting vertically skyward above, public streets, sidewalks, roadways,
highways, parkways, alleys, or parks as well as areas surrounding and immediately adjacent to
public buildings;
K. “Public Use” means any normal use of the public right of way as distinguished from
‘exclusive use’ as defined under this chapter;
LF. “Sidewalk” means all that area legally open to public use as a pedestrian public way
between the curb line and the legal building line of the abutting property;
MG. “Sidewalk Café” means any group of tables, chairs, benches, barriers or partitions, trash
containers and suitable decorative devices maintained upon any part of the public right of way
for use by an establishment with a valid food and drink permit in the sale to the public of food,
refreshments, and beverages of all kinds and is not a sidewalk vending cart;
NH. “Sidewalk Display” means any showcase, table, bench, rack, sign, stall, kiosk, or any
other fixture or device used for the purpose of displaying, exhibiting, carrying, transporting,
storing, selling, or offering for sale any food, beverage, goods, wares, merchandise, event, or
service upon a sidewalk;
OI. “Sidewalk Vending Cart” means any handcart, pushcart, stall, or any other mobile device
that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling, or
offering for sale any food, beverages, goods, wares, or merchandise upon a sidewalk;
PJ. “Special Event” means any occasion including but not limited to fairs, shows,
exhibitions, city-wide celebrations, and festivals taking place within a specifically defined area
of the City of Bozeman; and
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Q. “Substantial Encroachment” means any encroachment that creates a permanent physical
reduction in existing asphalt width to streets in the Downtown Business District except for
intersection curb bulbs installed for traffic calming or pedestrian safety purposes.
(Ord. No. 1567 § 2(12.22.020), 9-9-2002; Ord. No. 1692 § 1, 2-12-2007)
12.22.030 Encroachment on Public Right of Way – Prohibited.
Except as otherwise provided by this Code, it is unlawful to obstruct the public rights of way of
the Downtown Business District with debris, encumbrances or encroachments of any kind which
hamper or interfere with the free and safe use or passage by the public.
(Ord. No. 1567 § 2(12.22.030), 9-9-2002)
12.22.040 Exception – Downtown Business District.
Vendors doing business in the Downtown Business District on or between the north side of
Mendenhall Street and south side of Babcock Street and on or between the east side of Third
Avenue and the west side of Broadway Avenue shall be allowed to use City sidewalk as
provided in this chapter.
(Ord. No. 1567 § 2(12.22.040), 9-9-2002)
12.22.050 Non-Substantial Encroachments -- Permit Required.
Upon application, the Director may authorize, subject to specific conditions as determined by the
Director, non-substantial encroachments to occur upon the use of the City’s sidewalks in the
Downtown Business District. Each permit must be renewed on an annual basis and the Director
shall have the right to refuse to renew any permits issued. area described in 12.22.040. All
applications for non-substantial encroachments must include:
A. A completed City of Bozeman Downtown Sidewalk Encroachment Revocable Permit
Public Right-of-Way Encroachment Revocable Permit application form including any necessary
supporting materials; the name of the applicant, name of the business, address upon which the
encroachment will be located, a current mailing address and telephone number. Each permit
must be renewed on an annual basis and the Director of Public Service shall have the right to
refuse to renew any permits issued under this chapter;
B. A letter of support from the owner(s), operator(s), or manager(s) of the business(es)
immediately adjacent to fronting the sidewalk where the use is requested, or if a letter of support
cannot be obtained, an explanation summarizing the lack of support;, granting permission to
place the encroachment at the requested location;
C. A sketch depicting, as accurately as possible, the size and location of all requested
encroachment items as well as other existing obstructions or improvements which would limit
the free use of the sidewalk by pedestrians;
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D. A certificate of liability insurance which names the City of Bozeman and (if non-
substantial encroachment occurring upon a State-designated primary or urban route) the State of
Montana as additional insureds. The insurance must provide a minimum coverage of $750,000
for each claim and $1.5 million for each occurrence for all permits solely for a portable sign in
an “A” frame design, also known as a sandwich board sign, used strictly for the purpose of
advertising for the permit holder. A minimum coverage of $750,000 for each claim and $1.5
million for each occurrence must be provided for all other permits;
E. The permit holder shall agree in writing to indemnify, defend, and hold harmless the City
and (if non-substantial encroachment occurring upon a State-designated primary or urban route)
Montana Department of Transportation and their employees and agents against all claims,
liability, loss, damage, or expense incurred by the City and/or Montana Department of
Transportation due to any injury to or death of any person or any damage of property caused by
or resulting from the activities for which the permit is granted; and
FE. A valid City of Bozeman business license corresponding to the use requested.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.060 Substantial Encroachments – Approval Required.
Substantial encroachments in public right of way of the Downtown Business District may occur
only after a project proposal satisfies provisions of Title 18 BMC (see 18.020.080.B), is found to
be compliant with required regulations of same, and satisfies specific conditions as determined
by the Director. Projects proposing substantial encroachments shall submit to the City Engineer
for approval a report certified by a professional engineer addressing the following conditions,
both present and future: truck turning movements, vehicular site vision, pedestrian conflicts, and
– as directed by the City Engineer – intersection level of service. Substantial encroachments
affecting State-designated primary and urban routes shall also be approved by the Montana
Department of Transportation. Substantial encroachment projects shall satisfy all applicable
emergency service requirements.
12.22.070 Substantial Encroachments – Standards, Exceptions and Limitations.
To protect public health, safety and welfare, and provide for the orderly development of the
Downtown Business District, the following standards, exceptions and limitations are hereby
placed upon substantial encroachments:
A. Substantial encroachments shall not occur within the public right of way of Main Street
and Rouse Avenue;
B. Substantial encroachments shall occur along the entire length of a property;
C. Two-way traffic (or two-lane traffic for one-way streets) shall be provided at all times
and in all locations;
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D. A minimum eleven and one-half foot (11.5’) wide vehicular travel lane shall be provided,
measured from face of curb or edge of parking lane. Montana Department of Transportation lane
standards shall supersede this requirement for substantial encroachments occurring on State-
designed urban and primary routes;
E. A minimum seven foot (7’) wide parking lane shall be provided, measured from face of
curb;
F. Sidewalk alterations shall provide a minimum six (6) inch thick, ten (10) foot wide
sidewalk for public use and shall be ADA compliant;
G. Curb alterations shall provide positive drainage and shall not cause ponding to occur in
the gutter line. City of Bozeman curb construction standards shall be adhered to;
H. Construction plans shall be reviewed and approved by the City Engineer and a pre-
construction meeting held prior to initiating construction;
I. Substantial encroachments involving the elimination of any on-street parking within that
area of the B-3 zoning district regulated under this chapter shall provide the following:
1. Parking Commission approval; and
2. Compensation shall be provided for each on-street parking space eliminated from the
Downtown Business District parking inventory in accordance with the following
schedule:
a. A one-time payment of five-thousand dollars ($5,000) per eliminated space.
Payment shall be provided prior to final approval of the proposal under Title 18
BMC; or
b. A monthly fee of fifty dollars ($50) per eliminated space assessed over a
period of 10 years beginning the month following substantial completion of the
construction project causing the elimination of on-street parking. The fee will be
assessed against the adjacent property where the parking elimination occurs until a
total payment of six-thousand dollars ($6,000) has been received per eliminated
space;
J. The adjacent property owner shall keep all sidewalk areas, including those areas of
exclusive use, free and clear of snow and ice at all times.
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12.22.080 Exclusive Use of Public Right of Way – Permit Required.
Upon application, the Director may authorize exclusive use of public right of way to occur in the
Downtown Business District subject to specific conditions as determined by the Director. The
Director reserves the right to request the City Commission reclaim approval authority over any
exclusive use application received. Each approved permit shall be valid for a period determined
by the Director, which shall not exceed 10 years. Each permit shall be reviewed on an annual
basis, subject to revocation as provided herein during the entitlement period. The permit shall be
issued to the private property owner adjacent to the public right of way in which the exclusive
use occurs. The permit shall not automatically convey with the adjacent private property and
shall not convey any ownership interest in the public right of way regardless of the privileges and
exclusive benefits the permit provides the Permittee. The permit may be transferred to a new
adjacent private property owner upon request and application to the Director. If the new
property owner fails to make this request to the Director within 30 days following final sale or
transfer of interest in the property, then the permit shall become null and void and a new permit
shall be applied for.
A. Sidewalk cafes physically barricaded or partitioned from the sidewalk, or cafes operating
in a manner to exclude the public’s use of café fixtures, create an exclusive use of the public
right of way as defined under this chapter and require an exclusive use permit.
B. All applications for exclusive use of public right of way must include:
1. A completed City of Bozeman Downtown Right of Way Use Permit form including any
necessary supporting materials;
2. A site plan depicting, as accurately as possible, the size and location of all requested
encroachment items necessary to support the exclusive use of the public right of way as well as
other existing obstructions or improvements which would limit the free use of the sidewalk by
pedestrians;
3. A certificate of liability insurance which names the City of Bozeman and (if exclusive
use occurring upon a State-designated primary or urban route) the State of Montana as additional
insureds. The insurance must provide a minimum coverage of $750,000 for each claim and $1.5
million for each occurrence. The insurance policy shall automatically renew during the permit
period and a copy of the current proof of insurance coverage shall be kept on file with the
Director at all times. Coverage limits may adjust with permit renewals.
4. The permit holder shall agree in writing to indemnify, defend, and hold harmless the City
and (if exclusive use occurring upon a State-designated primary or urban route) Montana
Department of Transportation and their employees and agents against all claims, liability, loss,
damage, or expense incurred by the City and/or Montana Department of Transportation due to
any injury to or death of any person or any damage of property caused by or resulting from the
activities for which the permit is granted.
5. A valid City of Bozeman business license corresponding to the use requested.
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12.22.090060 License or Approval Letter Required.
Any applicant intending to sell food or beverages must provide a copy of a Food Purveyor’s
License or an approval statement issued by the Gallatin City-County Health Department with the
application for a permit under this chapter.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.100070 Uses Permitted Under This Chapter.
A. It is the Permittee’s responsibility to place any encroachments allowed under this chapter
in a manner which ensures safe pedestrian and vehicular travel, complies with any conditions
placed upon the permit, and to immediately correct any deficiencies noted by the Director. All
items permitted pursuant to this chapter shall be placed not less than two (2) feet from the curb,
leave a minimum of six (6) five (5) feet of sidewalk aisle clear and shall not interfere with
vehicular sight triangles as set forth in Title 18 of this code, and as necessary for safe vehicular
traffic. Additionally, all encroachments permitted under this chapter will be built, installed, and
maintained in such as a manner as to ensure the safety of the public.
B. Permits may be issued under this chapter for the following uses:
1. Benches:
Any benches must be placed flush to the corresponding building and must not project
more than three (3) feet into the sidewalk;
2. Portable Signs:
These signs must not exceed a height of five (5) feet or a width of three (3) feet, placed
adjacent and perpendicular to the corresponding building and within four (4) feet of the
business entrance;
3. Sidewalk Displays:
With the exception of kiosks, displays must be placed flush against the building, must not
exceed six (6) feet in height, and must be within four (4) feet of the business entrance;
4. Kiosks:
Kiosks must not exceed seven (7) eight (8) feet in height and must be placed in a manner
so as not to interfere with free flow of pedestrian and vehicular traffic;
5. Bike Racks:
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Bike racks must not exceed a ten (10) bike capacity with five (5) bikes per side and be
placed so the parked bikes run parallel with the street;
6. Sidewalk Vending Carts:
The cart must be no more than three (3) feet wide, must be placed within 4.5 feet of the
store face and may operate between 6:00 a.m. and 9:00 p.m. or until sunset whichever
occurs first. All signage must be attached to the cart and shall not exceed six (6) feet in
length. The City, at its discretion and upon request, may allow the use of a portable sign.
Vending carts will be allowed on Mendenhall, Main, and Babcock Streets only and not
more than one cart will be allowed per city block face;
7. Tables and Chairs:
Tables used for the primary purpose of consuming food or beverages must be no more
than four (4) feet wide and set in a manner so that the chairs shall not extend more than
five (5) feet in to the Right of Way and maintain at all times upon the public sidewalk a
minimum six foot (6’) wide clear aisle for pedestrian movement;
8. Hanging Pots:
Pots for flowers or other miscellaneous items may be hung from the rods extending from
the light poles only. The bottoms of all pots must not be lower than seven (7) feet and
shall not block street signs in any manner;
9. Newspaper Dispensers and Publication Racks
Coin operated newspaper dispensers and media publication racks and displays must be
placed flush against the building and may not exceed 4 feet in height and shall be of a
design quality approved by the City of Bozeman;
9.10. Sidewalk Café Serving Alcohol:
a. All sidewalk cafes having an alcohol beverage license shall be required to have
staff of the establishments owning such sidewalk cafes serve all food, alcohol and
non-alcoholic beverages in the sidewalk café area only. Service of alcohol beverages
in all sidewalk cafes shall be limited to persons seated at tables in the sidewalk café
site. The serving of alcohol shall be served in glasses and not in paper or plastic
products. Any person serving alcohol must have received alcohol server training
through a City approved training program;
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b. The sidewalk café alcohol beverage license issued by the State of Montana must
include as part of the licensed premise floor plan the sidewalk café area. The use and
operation of the sidewalk café area shall occur in accordance with the State-approved
alcohol beverage license and a copy of the license shall be kept on file with the
Director of Public Service and the Director of Planning and Community
Development.
c. Liability insurance required in 12.22.080.B.3BMC 12.11.0500B will cover the
sidewalk café area;
dc. Each sidewalk café serving alcohol beverages shall be responsible for policing
the area of the sidewalk café to be sure that customers are of legal drinking age and
that alcohol beverages are not removed from the premises.
ed. There shall be no sale of alcohol for consumption at a sidewalk café after 12:00
a.m. (midnight) until normal opening of business each day. In addition, all containers
of intoxicating beverages shall be removed from the tables of the sidewalk café and
the sidewalk café area by 12:00 a.m.;
fe. The sidewalk café area must be adjacent to the licensed building and shall be
enclosed, except for ingress and egress entry point, by a movable fence approved by
the Director of Public Service. The fence shall be:
(i). black or of a color that matches the adjacent building;
(ii). at least 4 feet in height; and
(iii). shall be of a design and quality that does not permit children or other
persons to crawl under the fence;
10. Miscellaneous Items: The Director of Public Service may permit other items as deemed
appropriate. The Director shall place what restrictions the Director deems necessary to ensure
the safe passage for pedestrian and vehicular traffic.
(Ord. No. 1567 § 2(12.22.070), 9-9-2002; Ord. No. 1692§ 2, 2-12-2007)
12.22.110080 Notification of Name or Address Change.
All Permittees will ensure that a current and correct name, residential address and mailing
address are or on file with the Director. Should either the Permittee’s name, business name or
Permittee’s address provided on the application change, the Permittee must notify the Director
within five (5) working days of such change and provide the same with the accurate information.
(Ord. No. 1567 § 212.22.080), 9-9-2002)
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12.22.120090 Littering and Trash Removal.
A. Permittees will keep the sidewalks, roadways and other spaces adjacent to their sites or
locations clean and free of paper, peelings and refuse of any kind generated from the operation of
their business;
B. Permittees engaged in food vending will make available a receptacle for litter. The
Permittee will regularly empty and maintain the receptacle and mark it appropriately to provide
proper notice to the public of its purpose. Upon ceasing operations for the day, Permittees will
ensure the area immediately adjacent to the site is thoroughly clean and free of debris. Finally,
Permittees must remove all debris and trash from the area and will not use trash receptacles
without permission from the owner.
(Ord. No. 1567 § 2(12.22.090), 9-9-2002)
12.22.130100 Special Event or Temporary Permits.
The Director may issue a temporary permit for special or temporary events which may take place
in the downtown area Downtown Business District including but not limited to “Crazy Days”,
“Taste of Bozeman”, and “Music on Main”. Should the Director determine a temporary permit
is applicable for any reason, the Director may waive any of the requirements set forth in this
Chapter the Director feels are inapplicable and allow alternative provisions consistent with or
contrary to the purposes of this chapter.
(Ord. No. 1567 § 2(12.22.100), 9-9-2002)
12.22.140 Fees.
A. Non-Substantial Encroachments:
1. A ten dollar ($10) fee shall be charged for non-substantial encroachments which
shall be provided with each new application/renewel of a City of Bozeman Downtown
Sidewalk Encroachment Revocable Permit.
B. Substantial Encroachments:
1. Application fees specified in Title 18 BMC shall be provided.
C. Exclusive Uses:
1. A fee calculated by multiplying the square-foot area of the right of way encumbered
by the exclusive use of same, by the fair market square-foot value of the adjacent
property (as determined in the most recent appraisal by the Montana Department of
Revenue for ad valorem property taxation purposes), multiplied by the whole-month
percentage of the calendar year the exclusive use is occurring, shall be assessed and
provided with each City of Bozeman Downtown Right of Way Use Permit application
and annual renewal.
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12.22.150110 Suspension and Revocation of Permits for Non-Substantial
Encroachments Permit License.
A. The Director may suspend or revoke any permit for Non-Substantial Encroachment
issued under this Section 12.22.050 chapter for any of the following reasons:
1. Fraud, misrepresentation or knowingly false statement contained in the application
for the permit;
2. Conducting any activity in any manner contrary to the conditions of the permit;
3. Conducting any permit activity in such a manner as to create a public nuisance, cause
a breach of the peace, constitute a danger to the public health, safety, welfare or morals,
or interfere with the rights of abutting property owners;
4. Failure to regularly empty and maintain a litter receptacle;
5. Cancellation of the Gallatin City-County Health Department’s authorization for a
food or beverage vending unit; or
6. Failure to comply with any provision in this chapter or any condition of approval
required by the Director.
B. Should the Director decide to exercise the rights given under this chapter, notice may be
delivered in person or mailed to the address provided on the application. The Director shall state
all reasons for the decision to revoke or suspend the permit and the length of the suspension, if
any;
C. The permittee will have three (3) days from the date of receipt of the letter to file a
written response to the Director’s letter or to remove all items from the City’s sidewalk. Failure
to respond to the Director’s letter or to remove the items from the City’s sidewalk will be cause
for the Director to order the property removed by local law enforcement or the Code Compliance
Officer. The property shall be considered evidence and will not be returned until the resolution
of any citation issued under BMC;
D. Should the permittee fail to pick up the letter for a period of five (5) working days after it
has been mailed, the Director may then direct the Code Compliance Officer or law enforcement
to remove the permittee’s property from the City’s sidewalks;
E. Should the Director determine the permittee’s property presents a safety hazard or
requires immediate remedy including but limited to sidewalk maintenance, then in that event, the
Director may order the property removed immediately by local law enforcement or the Code
Compliance Officer.
(Ord. No. 1567 § 2(12.22.110), 9-9-2002)
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12.22.160 Suspension or Revocation of Exclusive Uses of Public Right of Way.
The Director may suspend any permit for Exclusive Use issued under Section 12.22.080 for any
of the reasons listed under Section 18.22.150.A by providing written notice to the Permittee
stating all reasons to suspend the permit. The Permittee will have three (3) days from the date of
receipt of the letter to remedy the deficiencies stated in the notice to the satisfaction of the
Director. In the absence of remedy, the Director shall schedule a permit revocation hearing with
the City Commission which has sole power to revoke any permit issued under Section 12.22.080.
A. Upon revocation of any permit issued under Section 12.22.080, the City Commission can
order any substantial encroachments, features, improvements and/or alterations made to the
public right of way installed to support an exclusive use be removed at the permit holder’s sole
expense upon their finding of said substantial encroachments, features, improvements and/or
alterations posing a threat to the public’s health, safety, and welfare.
1. Failure to remove, or failure to cause the removal of any substantial encroachments,
features, improvements and/or alterations to the public right of way ordered by the City
Commission’s within fifteen (15) days following said order will result in the City
removing the ordered items and charging the Permittee for all expenses. In removing the
ordered items, the City may call upon any city department or division for whatever
assistance deemed necessary or may by private contract cause the removal of the ordered
items.
a. The City after completing the removal of the ordered items shall file a
statement of costs with the finance department which shall mail to the Permittee a
notice that contains the amount set forth in the statement and a declaration that the
City will assess against the property the amount set forth in the notice and shall enter
that amount in the City liens docket which shall therefore constitute a lien against the
property.
B. The determination of the City Commission is a final administrative decision.
12.22.170130 Appeal Procedure.
Any permittee will have the right to appeal the denial, suspension or revocation of any permit
issued under Section 18.22.050 to the City Manager. The permittee will make the appeal within
ten (10) days after receiving notice of the denial, suspension or revocation by filing a written
notice with the City Manager.
(Ord. No. 1567 § 2(12.22.130), 9-9-2002)
12.22.180 Enforcement – Penalities – Designated a Municipal Infraction.
In addition to suspension or revocation under 12.22.150 or 12.22.160, Violation a violation of
this chapter is a municipal infraction punishable by the following civil penalties:
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14
A. For a first violation, a civil penalty of not less than one-hundred ($100) or more than
three-hundred dollars ($300) shall be imposed;
B. For each repeat violation, a civil penalty of not less than one-hundred ($100) or more
than five-hundred dollars ($500) shall be imposed;
C. Each day of violation shall constitute a separate violation.
The court may order the permit revoked for the remainder of the year in addition to any other
penalty imposed by the court.
(Ord. 1567 § 2(12.22.140), 9-9-2002; Ord. No. 1700 § 1, 5-21-2007)
Section 2
Severability.
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance
which may be given effect without the invalid provision or application and, to this end, the
provisions of this ordinance are declared to be severable.
Section 3
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this resolution.
Section 4
The effective date of this ordinance is 30 days after passage on 2nd reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the ______ day of ____________ 2010.
171
15
______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the ________day of
_______________, 2010.
_______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
APPROVED AS TO FORM:
______________________
GREG SULLIVAN
CITY ATTORNEY
172
Summary of Public Advisory Board Participation
As recommended by the City Commission, Staff met with four City advisory boards/committees
to discuss the downtown encroachment policy issue prior to preparing the revisions: 1) Parking
Commission, 2) Community Alcohol Coalition, 3) Pedestrian and Traffic Safety Commission,
and 4) Planning Board. Draft minutes from some of these meetings are attached to this
memorandum. Summaries of each meeting are also included further below in this memo. In
addition to City advisory boards/committees, Staff had conversations with representatives of
Montana Department of Revenue (MDR), in specific regards to state requirements of outdoor
seating areas affiliated with a business that is issued a state alcohol license. Staff also made
contact with other communities in the state to determine how they have addressed comparable
long-term right-of-way use scenarios. The City’s of Helena and Billings have successfully
implemented projects similar in character to the one prompting this policy discussion, whereas
Kalispell, Missoula and Great Falls have not. Each contact group provided great insights on the
policy issue that helped City Staff to shape the presented draft ordinance.
Community Alcohol Coalition Committee Review
The CAC was asked to comment on the policy issue as it specifically relates to outdoor cafes that
serve alcohol. They support the idea of sidewalk cafes in the downtown area. They
recommended the following items be considered or included in the long-term encroachment
policy plan:
1. Look at the rules of the current Sidewalk Encroachment Permit program and make sure
they are included or cited in the new policy plan;
2. Emphasis on server training should be included or required;
3. Outdoor cafes should be a “seat and serve” area and not a general gathering place for the
bar or restaurant;
4. Hours of operation and noise nuisance shall be considered;
5. Department of Revenue shall be contacted so they are aware their alcohol license is
including an outdoor seating area;
6. City of Bozeman will have to be the enforcers of these pedestrian spaces;
7. Make sure business owners/property owners know the rules well in advance; and
Parking Commission Review
The Parking Commission (PC) was asked to comment on the policy issue as it specifically
relates to the loss of on-street parking (How many spaces can be lost from the parking
inventory?, Where can parking spaces be removed in the downtown area?, etc.) and the value of
an on-street parking space. Their motion is summarized below, and also included in the attached
Parking Commission memorandum:
1. The loss of on-street parking spaces can only occur within the B-3 core district and/or
within a 200-foot perimeter of public parking facilities;
2. Recognizing the Parking Commission will conduct a parking management study in the
near future, the loss of on-street parking shall be limited to 10 spaces; and
3. Acknowledging the true cost affiliated with creating a parking space, but considering the
public benefit of encroachment projects, a $5,000 cash-at-lost payment per on-street
parking space, or a $50/per parking space/per month (for a 10 year lease term) shall be
collected for each on-street parking space lost.
Page 1
173
Summary of Public Advisory Board Participation
Page 1
Pedestrian and Traffic Safety Committee Review
The Pedestrian and Traffic Safety Committee (PTSC) was asked to comment on the policy as it
specifically relates to pedestrian and traffic safety. They support the idea of encroachment for
outdoor cafes, bicycling parking, pedestrian amenities, etc. They believe such encroachments
increase the walkability of the downtown area, which is a public benefit. They recommended the
following items be considered or included in the long-term encroachment policy plan:
1. If substantial or long term encroachment occurs in the right-of-way, a 10-foot pedestrian
sidewalk must be provided;
2. If any kind of encroachment (temporary or long term) occurs in the right-of-way, a 5-foot
clear width must be provided;
3. Snow removal of the entire right-of-way should be required by the property/business
owners so pedestrians are able to safely travel in their designated area;
174
4. Adequate drainage shall be provided at all times to avoid a ponding of water at the
pedestrian crossings;
5. Ensure pedestrian crossings are still provided at streets and alleys;
6. Potential for more bike parking is a positive aspect;
7. Sidewalk expansions help eliminate the possibility of parked car and bicyclist interaction
(eliminates the “doorzone”); and
8. A maximum encroachment should be established.
Planning Board Review
The Planning Board (PB) was asked to comment on the policy issue as it particular relates to the
Bozeman Community Plan and the recently adopted Downtown Bozeman Improvement Plan.
The Board’s comments are included below:
1. Long-term and substantial encroachment abides to the goals set out in the Bozeman
Community Plan, in particular Chapter 4, “Community Quality,” and Chapter 8
“Economic Development;”
2. Consider all types of encroachments;
3. Fees should be required of exclusive use encroachments;
4. Public safety should be number one concern;
5. Loss of parking is a concern and should be considered in balance with the specific public
benefits of an encroachment proposal; and
6. Policy should consider all possible users (for example, restaurant vs. hardware store).
Page 2
175
HYPOTHETICAL COST PROJECTIONS
PROJECT 1: This project scenario proposes to expand an existing sidewalk 10’ into an
existing street in order to support an exclusive use of public right of way for a sidewalk
café/patio. The size of the project encompasses the entirety of a half block, approximately 150’
in length, and causes an elimination of on-street parking.
Application Fees:
- Preliminary Site Plan: $500
- Final Site Plan: $500
Cash-in-loss of Parking
- 5 on-street parking stalls eliminated @ $5,000/space = $25,000
Annual Exclusive Use Fee
- Area of exclusive use = 10’ wide x 100’ long = 1,000 sqft
- Assessed taxable value of adjacent property = $60/sqft
- # of months area is exclusively used = 4
- 1,000sqft x $60/sqft x 4/12 = $20,000 per year
Construction
- ~$50,000 per half block for 10’ wide expansion
o Includes costs for: sidewalk, curb/gutter, street trees, asphalt patching,
street lights, and signing.
o DOES NOT INCLUDE costs for: utility relocations, significant street
grading changes, exclusive use improvements (i.e. fencing, raised
seating, furniture, etc.)
CAPITALIZATION TOTAL = $96,000
PROJECT 2: This project scenario proposes a small sidewalk café seating area for exclusive
use of restaurant patrons. Expansion of sidewalk is not proposed and on-street parking is not
eliminated. Cost limited to annual exclusive use fee.
Annual Exclusive Use Fee
- Area of exclusive use = 5’ wide x 20’ long = 100sqft
- Assessed taxable value of adjacent property = $75/sqft
- # of months area is exclusively used = 4
- 100sqft x $75/sqft x 4/12 = $2,500 per year
176
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179
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10061 Talbert Avenue #200
Fountain Valley, CA 92708
RUBBERSIDEWALKS, INC. 714.964.1400 PH
714.964.8600 FX
RSFieldRefGuidewKim&MariaAP.doc 9/16/2008 Page 1 of 18
RUBBERSIDEWALKS’ INSTALLATION FIELD MANUAL
Hello from Maria and Kim, your Rubbersidewalks’ Installation Team.
We’re here to take you through a Step by Step guide for installing
Rubbersidewalks. We will be showing you techniques using RSI’s test site
in Southern California, and also at some job sites.
If you follow the FOUR CARDINAL RULES your project will be a SUCCESS:
1) Proper sub-base & base materials, and compaction are key. Except for
Class 2 Permeable Base (which includes angular fines), no fines should be
used as they can wash away over time. Rubbersidewalks is permeable,
and our goal is to have good drainage in all materials. Please talk to RSI
about regional soil properties and available local materials before the job.
2) Be careful to never damage a tree trunk, or tree root.
3) Tighten RS paver joints/seams as you go along.
4) When removing existing hardscape, remove less than the estimated length.
Before installing Rubbersidewalks, please refer to the Rubbersidewalks’ Installation Manual for detailed
instructions.
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PRE-INSTALLATION SITE INSPECTION - REQUIRED
Each site is different. Please consider the following issues prior to site prep and Installation:
• Site Accessibility
• Site Work Schedule Restrictions
• Site Security
• Site Utilities
• Adjacent trees and tree root growth & protection
• Sub base and sub grade soil type and conditions
• Climate conditions
TOOLS & EQUIPMENT NEEDED:
• Sod Cutter (if required to remove sod / dirt to desired depth)
• Hand Tools: Flat Head Shovels, Mallets, Hammers, Scissors and/or Blade
• Cutting Tool, Steel Pry Rod (with Flat Blade End)
• Landscape Rakes & Notched Screed (to distribute sub-base materials evenly)
• 3,600cf~4,000cf+ Vibratory Plate Compactor (to achieve 95% compaction)
• Drill with Right-Angle Adapter, 11/32” Drill Bit for Rubbersidewalks & 5/16”
• Concrete Drill Bit
• Skill Saw, Worm Drive, Ripping Blade (with Simple Green for cutting
lubrication)
• Steel Pipes / String line or 2"x 4" Wood for demarking sides & levels
• Builders’ Level (for leveling sub-base & installation)
• Air Spade or tree root trimming equipment (minimal, only if required)
Your mallets don’t need to match your T-shirts—but mine do!
Confidential and Proprietary Information. Copyright 2007-2008 by Rubbersidewalks, Inc., all rights reserved.
Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
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SUB-BASE MATERIALS NEEDED:
• 3/4-Minus crushed angular rock (no fines) for sub-base
• ½” crushed aggregate angular (to create leveling layer, no fines) for base
or
• Class 2 Permeable base (with angular fines) for sub-base and base
•
NO SAND, DECOMPOSED GRANITE, OR STONE DUST
(It compacts nicely—and then the fines wash out. Rubbersidewalks
are flexible and will conform to a washed out base!)
MATERIALS PROVIDED BY RSI:
Rubbersidewalks’ Modular Pavers (24" x 30" x 1-7/8", 54 pounds each)
Mirafi 500x Geotextile Fabric (12½' roll width)
Self-Gripping Fiberglass Connecting Dowels (100 ct./ bag)
Permaloc Brick Block Aluminum Paver Restraints (8-foot segments, 40 ct./ box)
Permaloc Brick Block Restraint Spiral Spikes (50 ct./box)
Confidential and Proprietary Information. Copyright 2007-2008 by Rubbersidewalks, Inc., all rights reserved.
Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
184
9/16/2008 RSFieldRefGuidewKim&MariaAP.doc Page 4 of 18
3” long fiberglass dowels Mirafi 500x permeable geotextile
Permaloc Brick Block Aluminum Paver Restraints
OPTIONAL FINISHING MATERIALS:
Stabilized Pathway Sand or Silica Sand (minimal abrasive properties)
Gray Concrete & Mortar Filler and Sealant (DAP or similar)
Backerod (closed cell foam cord)
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
185
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Installing Rubbersidewalks requires the following steps:
1) Break out existing concrete (use jackhammers near trees; no backhoes)
2) Tree root inspection CONSULTING ARBORIST RECOMMENDED
3) Excavation of native soil to 6” depth & compaction (without damage to tree roots.)
4) Geotextile placed IF SITE FOR VEHICULAR TRAFFIC
5) Sub-grade material laid and prepared INSPECTION REQUIRED
6) Base material laid and prepared INSPECTION REQUIRED
7) Geotextile laid and secured
8) Place & connect Rubbersidewalks’ pavers
9) Place and secure Permaloc paver restraints
STEP ONE – BREAK OUT
• Break out existing concrete, leaving in place two inches on each site end. For instance,
if site is 20 feet, break out 20 feet minus four inches (19 feet 8 inches.) This allows a
final cut to take place during installation to accommodate variables.
• Use jack hammer near trees. NO BACKHOES. Do not use a backhoe near trees or tree
roots, as it can damage them.
• On sides, clear additional 3" per side to accommodate restraint flange. Flange goes
outward unless next to curb or wall. Flange is 1/8” thick.
DATE: WEATHER CONDITIONS:
AGE & CONDITION OF EXISTING CONCRETE:
DEPTH OF EXISTING CONCRETE:
NOTES:
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
186
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STEP TWO – TREE ROOTS INSPECTION REQUIRED
• Access need for tree root trimming. Work with consulting arborist.
• Trim roots as little as possible. Root do not need to be cleared to 4” depth.
• Roots can be left intact up to 1.875” from grade (flush to base of paver.)
• Directional root trim when necessary.
DATE: CONSULTING ARBORIST:
SPECIES OF TREES: AGE OF TREES:
CONDITION & HEALTH OF TREES:
ROOT INTERFERENCE with INSTALLATION (Describe):
CUTTING REQUIRED (if yes Describe):
INSPECTION SIGNATURE REQUIRED:
STEP THREE – TRENCH EXCAVATION, NATIVE SOIL (& LAYER ONE GEOTEC IF SITE
FOR VEHICULAR TRAFFIC)
• Excavate to total of 6” (If depth can be achieved without damage to tree roots;
Depth of sub-grade contributes to increased permeability and stability.)
• Rough grade native soil at 5” to 6” below finish and compact with vibra plate. Work
around tree roots as required.
• Evaluate need for French drains, sheet drains or other method for drainage
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
187
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Inspected by:
Soil type: Drainage Requirements:
Notes:
STEP FOUR
• Place first layer of geotextile. This is essential to keep native earth from flowing into the
crushed rock layer and compromising the installation. Geotextile is 12.5' wide. Using
scissors or cutting tool, cut width according to the width of installation plus 6 inches. Cut
length flush on end sections where butted against existing concrete.
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
188
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STEP FIVE – SUB-BASE PREPARATION INSPECTION REQUIRED
THE KEY TO SUCCESS IS IN SUB-BASE AND BASE PREPARATION!
Class 2 permeable base illustrated
• Set string line and put in 2” of ¾ crushed aggregate, wetting and
compacting.
Take special care around tree roots. Protect with geotextile as needed.
Confidential and Proprietary Information. Copyright 2007-2008 by Rubbersidewalks, Inc., all rights reserved.
Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
189
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STEP SIX – BASE PREPARATION INSPECTION REQUIRED
Class 2 permeable base illustrated
Set string lines to sub-base installed height:
1-7/8" below finish grade.
Apply thickness of 1/2" crushed
angular rock sub-base
Use landscape rakes to distribute sub-base
Evenly with 2"x4" wooden forms, level and
notched screed or ruling-off stick to create
accurate grade.
Compact each lift to 90%.
SUB-BASE & BASE INSPECTION REPORT:
DATE: INSPECTED BY:
LAYER ONE GEOTEXTILE PLACED:
SUB BASE MATERIAL USED: COMPACTION:
BASE MATERIAL USED: COMPACTION:
DRAINAGE ISSUES (if yes, Describe measures taken):
SIGNATURE REQUIRED:
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
190
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STEP SEVEN – LAY & SECURE TOP LAYER GEOTEXTILE
• Geotextile is 12.5' wide. Using scissors or cutting tool, cut width according to the width
of installation plus 6 inches. Cut length flush on end sections where butted against
existing concrete.
• Place geotextile on top of sub-base extending edges by three inches on each side.
• Temporarily stake/spike geotextile to soil on either side of bed, cinching fabric tautly. Be
careful to not stake into tree roots.
STEP EIGHT – LAY & CONNECT
RUBBERSIDEWALKS PAVING TILES
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191
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• Using self-gripping dowels, put two pavers together to create one horizontal pair (4'
wide or 5' wide depending on site). You must make pairs first, then attach to next set of
pairs, etc.
• Insert dowels into remaining face of each pair (4 dowels).
• Put second pair together, then slide onto first pair. Mallet or hammer to tighten seam.
Tighten seams as you go. (Occasionally dowel holes need to be worked, or cleared
out.) Continue along site.
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
192
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Confidential and Proprietary Information. Copyright 2007-2008 by Rubbersidewalks, Inc., all rights reserved.
Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
Seam width: 1/2" is too large, 1/16"-1/8" is ideal. Due to the
inconsistent nature of recycled tire rubber, variables of up to ¼"+
are possible, or yield a part slightly off-square. This may require
‘jogging’ of pavers, or swapping out one for another to make a
better fit.
• If sections are butted against existing concrete on one end, do open-side last. If
sections are butted against existing concrete on both sides, do concrete-end sections
first, then work an inner pair into place.
• Dowel-end sections into existing concrete.
• Joined pavers can be lifted and dowel-fit into next paver but some cold joints will be
required.
• Pavers facing hardscape, for instance a curb, should be doweled in, using one dowel
per paver.
• Walk on and check each paver. Make sure pavers are at same height of existing
concrete. Make sure no drop out exists underneath. Make corrections as needed.
Remove remaining wooden form, and remove temporary stakes.
When working on installations of three or more tiles in each set width, it is
recommended to assemble these on a sheet of geotextile, then slide set into position to
join previous doweled set.
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Walk on and inspect each Rubbersidewalks paving tile. Make sure all are at the same
height of existing concrete, and that no drop-outs exist in the sub-base underneath. The
plate compactor may be used over the top of installed paver tiles to level-out the finish
STEP NINE – LAY & SECURE PAVER RESTRAINTS
• Lay rails of Permaloc Brick Block
paver restraints flush along outer edges of
placed pavers with flange facing outward.
(Do not use substitute paver restraints.)
• Drive spiral spike through hole in flange and into ground every
24" Make sure spike catches both layers of fabric. Do not drive
spike into tree roots.
• On outer edge, at approximate midpoint of each paver, drill a 11/32" hole, 1½" deep,
through restraint and paver (one hole per paver.) Tap in a self-gripping dowel, leaving
1½" of the dowel sticking out & exposed. Exposed dowels will be covered by replaced
soil, and make maintenance easier. Replace soil along sides.
Confidential and Proprietary Information. Copyright 2007-2008 by Rubbersidewalks, Inc., all rights reserved.
Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
194
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FINISHING
Existing concrete is rarely at a perfect right angle, which may result in gaps. Also, pavers may
have slight variations. Gaps can be filled with silica, or with concrete/mortar filler and sealant.
SPECIAL CONDITIONS
Rubbersidewalks may need to accommodate a curve, radius, tree well or other unique need.
Rubbersidewalks pavers can be cut in the field using a ripping black (Skill Saw, worm drive)
while spraying with soapy water.
Make sure to have a bottle of Simple Green soap handy, to lubricate the
blade and keep down heat and smoke.
Cutting is made easier by placing a wood plank on top and bottom of paver. It is often easier to
cut the paver in passes, after a top cut, flip the paver over and make an aligned bottom cut.
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
195
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Rubbersidewalks can be cut for light poles and parking meters, making
room for irrigation lines, creating radii, and jogs for tree wells. A notch ban
be routered in the bottom of the paver to fit over tree roots.
..
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
196
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SPRINKLER HEADS
Sprinkler heads placed close to the edge of the bed may require leaving a space between
restraints (cut restraint, as needed.) This will not affect the stability of the installation.
SPRINKLER PIPES
If pipes are laid in such a way that the spikes will hit them, you will need to turn the flange
inward. This may require trenching a 3" x1/4" area to accommodate the flange. The paver
must be installed flush to the base.
FINAL INSPECTION - CUSTOMER INSPECTION REQUIRED
Date: Inspected by: Title:
No damage to tree or tree roots:
Proper sub base and base materials: Drainage:
Sufficient compaction:
Good layout and appearance; clean cuts:
Majority seams connected with dowels:
End pavers doweled to hardscape or recast:
Rails spiked in and doweled to pavers:
Authorized Customer Signature Required:
CLEANING PAVERS
Rubbersidewalks may be cleaned using the same methods as concrete. Sweep, light spray
wash or mop, or steam clean.
hank you from your Thank you from
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197
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Thank you from your Rubbersidewalks’
Installation Team. Great job!
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
198
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Reproduction or dissemination, in whole or in part, to or by any third party is prohibited without the expressed prior written permission of Rubbersidewalks, Inc.
ONE PAGE INSPECTION SHEET OPTION
CUSTOMER:________________________________ DATE OF COMPLETION:__________
CONTRACTING COMPANY:___________________________________________________
TREE AND TREE ROOT INSPECTION:
DATE: CONSULTING ARBORIST:
SPECIES OF TREES: AGE OF TREES:
CONDITION & HEALTH OF TREES:
ROOT INTERFERENCE with INSTALLATION (Describe):
CUTTING REQUIRED (if yes Describe):
INSPECTION SIGNATURE REQUIRED:
SUB-BASE & BASE INSPECTION:
DATE: INSPECTED BY:
SUB BASE MATERIAL USED: COMPACTION:
BASE MATERIAL USED: COMPACTION:
DRAINAGE ISSUES (if yes, Describe measures taken):
SIGNATURE REQUIRED:
FINAL INSPECTION - CUSTOMER INSPECTION REQUIRED
Date: Inspected by: Title:
No damage to tree or tree roots:
Proper sub base and base materials: Drainage:
Sufficient compaction:
Good layout and appearance; clean cuts:
Majority seams connected with dowels:
End pavers doweled to hardscape or recast:
Rails spiked in and doweled to pavers:
Authorized Customer Signature Required:
FAX SHEET TO 714 964 8600
199