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(A) These standards are adopted only as minimum requirements, and all applicants should consider developing at higher standards. The city may require standards above the minimum standards contained herein whenever it finds that public health, safety or welfare justify such higher standards.
(B) The city may also reduce or otherwise vary the requirements of these standards. Such variances may be granted if the city finds such to be true without detriment to the public good; without impairing the purposes and basic objectives of these standards; and with impairing the desirable general development of the neighborhood and the community as proposed by the Comprehensive Plan. In granting such variances, the city may attach and require whatever conditions it finds are necessary or reasonable to secure the basic objectives of these standards. Any variance granted by the city shall be noted on the required permit along with the findings which justify the granting of the variance.
(Ord. 06-2012, passed 4-2-2012)
Notwithstanding any provisions of this chapter, no approval of any entrance or encroachment permit or portion thereof, by the Department of Planning and Development, the Engineering Department or any other public agency or official of the city, whether employed, elected or appointed, shall operate as warranty or guarantee of the safety or reasonableness of any entrance or encroachment activity or portion thereof, or act in any way to limit or alter any common-law duties imposed on the developers or authors of such plans.
(Ord. 06-2012, passed 4-2-2012)
Any person may file a written complaint alleging violation of these standards. Such complaint shall state fully the cause and base thereof and shall be filed with the City Engineer. The City Engineer or his or her agent shall properly record such complaint and investigate and take action thereon as provided by these regulations to cite the violator.
(Ord. 06-2012, passed 4-2-2012)
(A) When required. Entrance permits shall be required as follows:
(1) For new construction of commercial or industrial development;
(2) For existing commercial or industrial development, when entrances in use prior to the adoption of this subchapter are changed structurally (i.e., widened, shortened, radius changes);
(3) For all vehicular use areas;
(4) For residential development driveways;
(5) For private streets; and
(6) For new public streets.
(B) Entrance permit procedures. To formally request action on the required entrance permit, the applicant shall file a completed application form to the Engineering Department. The procedure for entrance permits differs based upon the type of development.
(1) Entrance permits with development plans.
(a) Review. When a development plan is required by the city’s Zoning Ordinance, the applicant may submit the required information for an entrance permit, to the Engineering Department, concurrently with the development plan application. The encroachment permit number shall be provided on the development plan prior to signature of approval.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the entrance as submitted;
2. Conditional approval. The city may approve the entrance conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the entrance and shall state in writing its reasons for disapproval.
(2) Entrance permits with building permits.
(a) Review. When an entrance permit is required as part of a residential development, the applicant must submit the required information for an entrance permit along with the building permit application to the Engineering Department. The encroachment permit must be obtained prior to applicant receiving construction permit approval.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the entrance as submitted;
2. Conditional approval. The city may approve the entrance conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the entrance plan and shall state in writing its reasons for disapproval.
(3) All other entrance permits.
(a) Review. The city shall review entrance permit applications for compliance with the guidelines and information as required by this subchapter. All permit applications shall be submitted to the Engineering Department.
(b) Action. The city shall act within 30 days of submission in the following manner:
1. Approval. The city may approve the entrance as submitted;
2. Conditional approval. The city may approve the entrance conditionally and require amendment to the application before granting full approval; or
3. Disapproval. The city may disapprove the entrance plan and shall state in writing its reasons for disapproval.
(C) Contents of entrance permit site plan. Required plan information shall be as follows (unless certain items are waived by the city):
(1) Title block showing plan name, owner, developer plan and application preparer, firm or company, with written and graphic scale;
(2) Scale of plan should be one inch equals 20 feet or other approved scale;
(3) North arrow;
(4) Location, width and grade of proposed driveway;
(5) Angles of proposed driveway with city right-of-way;
(6) Location and size of any existing or proposed cross drain or side drain pipes or culverts and the direction of flow within such structures;
(7) Distance between driveway measured along edge of pavement or along curb line, in both directions of travel;
(8) Proposed radii of all curves;
(9) The proposed use of the property;
(10) Any proposed divided highway access;
(11) Frontage roads with length, width, radii and corner clearance;
(12) Sight distance requirements/calculations;
(13) Traffic control device plans, both temporary and permanent;
(14) Anticipated traffic count by an applicant provided traffic study;
(15) Location of utilities (lines, poles, hydrants, manholes, pipes, conduit, both above and below grade);
(16) Location of street trees;
(17) Sidewalks, including accessible connections and crosswalks; and
(18) Material of entrance.
(D) Amendments to entrance permits. Amendments to approved entrance permits can be made only by the same procedure required for the original submission.
(Ord. 06-2012, passed 4-2-2012)
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