Berkeley Municipal Code Ch. 16.06 Curbs and Sidewalks for New and Remodeled Buildings

The purpose of this chapter is to require that curbs and sidewalks be installed when new buildings are constructed in the City, or when buildings are substantially remodeled under certain conditions as described further in this chapter. (Ord. 4898-NS § 1, 1976)

New curb, combined curb and gutter, and sidewalks shall be installed in the public right-of-way contiguous to any property where new structures are erected, or where additions, alterations and rehabilitations exceeding fifty percent of the replacement value of the building as it exists prior to alteration are made, and either of the following conditions exist:

A. Curb, combined curb and gutter, or sidewalk are constructed in front of properties constituting more than fifty percent of the front footage of the block in which they are located;

B. The nature or the effect of the new construction would cause a hazard to an abutting property or to the adjacent public right-of-way if curb, combined curb and gutter or sidewalk were not installed. (Ord. 4898-NS § 2, 1976)

A. Group J structures, as identified in the Uniform Building Code, Chapter 15, are exempt.

B. The Director of Public Works may exempt work required by this chapter where installation costs are disproportionate to the cost of the building construction, or where topographic conditions would make the construction unfeasible, or where curbs, gutters and sidewalks in good condition already exist, or where such construction would create an undue hardship. (Ord. 4898-NS § 3, 1976)

The required curb, combined curb and gutter and sidewalk shall be placed in the location and at the elevation directed by the Director of Public Works. (Ord. 4898-NS § 4, 1976)

Curb, combined curb and gutter and sidewalk required by this chapter shall be installed by permit from the Department of Public Works, and shall meet the standard plans and specifications currently in use by the Department of Public Works. (Ord. 4898-NS § 5, 1976)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 5716-NS § 2 (part), 1986)