§ 110-19. Regulation of work on or under city streets.

(a)

Submission of plan; approval required. It shall be unlawful for any person, corporation, firm, partnership, or any branch or department of the city to perform any work on or under the surface of the right-of-way of any dedicated street as now laid out within the city or any street which may be dedicated to the city in the future without first having submitted a plan for the proposed work to the public works department and having received written approval thereon. The word "street" as used in this chapter shall mean and include any street, alley, road, or other public way including sidewalks within the city.

(b)

Lawful conduct of work; emergency procedures. Any party set forth in subsection (a) of this section, in the performance of such work as described in such subsection, shall abide by all ordinances of the city and the rules and regulations of the public works department in the performance of such work. In cases of emergency where such work must be performed at a time when the public works department is not open to the general public, the work shall proceed and the application for permission for the performance thereof shall be made to the public works department within 48 hours after the commencement of the work.

(c)

Exemptions. There are excluded from the provisions of this section landscaping and the ordinary maintenance of landscaping by property owners, including work performed pursuant to the landscape ordinance of the city, within the nonpaved street right-of-way abutting their land; individual service lines which do not call for the cutting of a sidewalk or roadway; as well as any and all work done and performed in connection with overhead utilities.

(d)

Grant of permission free of charge. The city shall not charge any fees of any kind as a prerequisite to the obtaining of permission to do any work covered by the provisions of this section.

(e)

Authority for public works director to formulate rules and regulations. The public works director is hereby authorized to formulate the rules and regulations for the implementation of this section, taking into consideration traffic and pedestrian flow. A copy of such rules and regulations shall be maintained in the office of the city clerk.

(f)

Locations, widths and radii of proposed driveways in the landscape improvement taxing district. Notwithstanding any other subsection in this section or any other ordinances of the city, all driveway locations, widths, and radii requirements in the landscape improvement taxing district, also referred to as the central business district core area, shall be reviewed and approved by the site plan review committee prior to a permit being issued by the public works department. The site plan review committee shall consider pedestrian flow, pedestrian safety, the city's adopted comprehensive plans, Jackson Redevelopment Authority's plans, downtown plans, landscape plans, the historic preservation ordinance, transportation plans, and limiting access to enhance pedestrian flow and safety and avoid its disruption, prior to recommending the granting of a driveway permit.

(Code 1971, § 26-23.1)