It shall be unlawful for any person to construct any driveway or to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the Building Inspector therefor. Before any person shall obtain a permit, he or she shall inform the Municipal Services Director of the place where such cutting or construction is to be done, and it shall be his or her duty to inspect the place of entry into the paving, sidewalk or curb, before the same is cut. When cutting into any paving or constructing any driveway, it shall be the duty of the party cutting the paving or constructing any driveway to do so in compliance with such rules and regulations as may be prescribed by the Municipal Services Director or the Municipal Engineer. When the applicant is ready to close the opening made, he or she shall inform the chief street official, who shall supervise, inspect and approve the materials used and the work done in closing the opening. It shall be discretionary with the governing body to order the Municipal Services Director under the supervision of the committee of the governing body on the streets and alleys, to do the work of cutting and/or closing the paving and charge the costs thereof to the party who obtained such permit. The governing body may consent to the work of cutting and closing the paving to be done by the party holding such permit. Before any permit is issued by the Building Inspector, the applicant for such permit shall when required deposit with the Municipal Clerk a sum set by resolution of the governing body for all paving, curb or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the municipality for the purpose of replacing the paving, curb or sidewalk, in the event the work is done by the municipality. In the event the municipality elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the Municipal Services Director or of the committee of the governing body on streets and alleys.
(2005 Code, § 8-402)