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§ 153.30 SIDEWALK APPLICATION PROCEDURES.
   (A)   Any person, partnership, company, corporation, association or agency intending to construct a sidewalk on the county’s right-of-way shall make written application to and secure a permit from the County Highway Department. This permit must be obtained before commencing construction on a sidewalk within the right-of-way of a county highway and before obtaining a building permit and an improvement location permit.
   (B)   A new sidewalk permit application shall be required when a relocation, alteration or remodeling occurs on any premises where a sidewalk currently exists in the county right-of-way. The granting or denial of the application shall be governed by the same regulations and judged by the same standards as an application for a permit for a wholly new sidewalk.
   (C)   Application to the County Highway Department shall be made on the form as prescribed by the County Highway Department. The form and accompanying documentation shall be submitted containing as many copies as may be prescribed by the County Highway Department. The result shall be a permit application package that completely and clearly describes and records the proposed work to be performed on the county’s right-of-way by the applicant. It shall contain plans, documents and other information on which to base a determination. It must also provide a clear record that can be reviewed in future years for investigative purposes.
(Ord. 2004-6C, passed 6-14-04)
§ 153.31 SIDEWALK PERMIT FORMS AND DOCUMENTS.
   The following forms and instructions for completing them can be obtained from the County Highway Department. Providing complete and accurate information on these forms is essential to expedite the permit processing.
   (A)   A document that initially is considered the application for a sidewalk permit becomes the permit upon approval of the proposed sidewalk approach work. It contains basic information on the first page of the form needed to locate and record the permit work and lists standard general provisions on subsequent pages. The form should be signed by the owner of the fee simple title. The application fee shall be set by resolution of the Board of Commissioners.
   (B)   A document used to guarantee that work performed on the right-of-way by the applicant will be completed as required by conditions and provisions of the permit and shall be submitted with the application. The bonding company is bound by the bond to see that the permit is completed satisfactorily should the permittee fail to perform properly. The bond shall be approved by the Highway Department and shall be sufficient to cover the work to be performed in the right-of-way. The minimum bond shall be $3,000. In those cases where a performance guarantee has been posted and the improvements have not been installed prior to the expiration of the guarantee, the county shall declare the guarantee to be in default and cause all improvements to be installed according to the approved plans.
   (C)   Cash in the amount of the bond may be posted in lieu of a bond.
   (D)   The permits shall expire one year from the date of approval.
   (E)   An applicant must contact the County Highway Department in order to obtain the proper forms and initiate the permit process.
   (F)   Prior to submitting any of the materials required by this subchapter, the applicant or his or her representative may discuss with the County Highway Department the nature of the improvement being proposed. At that time, the applicant may be instructed concerning the classification of his or her permit and what regulatory procedures apply to it and must be followed under this chapter in order to secure approval.
(Ord. 2004-6C, passed 6-14-04)
§ 153.32 SIDEWALK DESIGN CRITERIA.
   Driveways, whether within or without a subdivision, shall be as approved in conformance with the subdivision control regulations of Chapter 155 and shall meet the criteria of the Americans with Disabilities Act.
(Ord. 2004-6C, passed 6-14-04)
§ 153.33 SIDEWALK PERFORMANCE BOND.
   (A)   A performance bond shall be required with each application for a sidewalk permit equal to the estimated cost of that project on the County Highway Department’s right-of-way. The County Engineer must approve the amount and the minimum amount of bond shall be as stipulated in 153.31 or an amount as specifically set by appropriate County Highway Department action.
   (B)   A bond in an appropriate amount may also be required on non-commercial drives.
   (C)   The following are the categories for which the bond may be waived:
      (1)   Governmental agencies of political subdivisions on the federal, state, county, city or town level reporting to elected officials;
      (2)   Churches, referring to communities of religious people professing the same faith and observing the same ritual and ceremonies;
      (3)   Private and public institutions providing first grade or higher education;
      (4)   Companies regulated by the State Public Service Commission while performing normal maintenance or construction activities to railroad facilities; and/or
      (5)   Any applicant whose approved permit will result in work solely for the purpose of closing existing driveway approaches to the county highway system from the property.
   (D)   These exemptions are not to be based upon the tax-exempt or nonprofit status of the applicant. A person or committee of persons elected by a group of people does not necessarily qualify as a governmental agency.
   (E)   The applicants who are claiming an exemption should indicate so on the permit application form.
(Ord. 2004-6C, passed 6-14-04)
§ 153.34 INSPECTION OF SIDEWALKS.
   (A)   All work done under permits issued under this chapter are subject to inspection and approval by the county. All permits should be submitted and issued prior to commencing construction activities. The County Highway Department shall inspect all work being done on all improvements for each permit issued to ensure strict compliance with the standards and specifications of this section and the permit. The inspection services do not include construction engineering or construction stake-out, which are the sole responsibility of the permittee or his or her designated representative. The permittee or his or her contractor shall notify the County Highway Department at least 24 hours in advance of the commencement of any construction phase or activity.
   (B)   There is no charge for the first inspection of each item but, if the county determines that additional inspections are necessary, the fee for each subsequent inspection shall be payable in advance and set by resolution of the Board of Commissioners.
   (C)   The County Highway Department shall issue directive stop-work orders when necessary to assure compliance with the approved plans and specifications for the permit and the requirements of this section.
   (D)   Persons working on or having control of the construction of the improvements shall cooperate fully with the County Highway Department and shall have available on-site a copy of the approved plans and specifications.
(Ord. 2004-6C, passed 6-14-04)