(A) Before proceeding with the excavation for or the construction, alteration, repair or removal of any building or structure, the contractor shall request and obtain a permit for such work from the Office of the Director of Community Development.
(B) (1) A permit shall be considered void, if the work covered by the permit has not been started within 90 days and completed within one year of the issuance of the permit. A permit may be renewed for one year for an additional fee of 10% of the original permit fee, but in no case shall the fee be less than the minimum fee specified on the most recent fee schedule, approved by the City Council and on file in the Office of the Director of Community Development. Any request for additional time beyond the two-year period shall be heard by the Construction Codes Commission.
(2) The Director of Community Development may extend a valid permit for a period not to exceed 90 days beyond the anniversary date of the permit.
(C) Application for a building permit shall be submitted on a form furnished by the Office of the Director of Community Development. The application shall be accompanied by architectural plans and plot plans, drawn to a scale of not less than one-eighth inch to the foot. The Director of Community Development may, when job conditions or scope of work permits, accept a written description of the work in lieu of detailed plans.
(D) A limited building permit may be issued as a convenience to the applicant when sufficient plans have been submitted or written assurance has been given that the construction will conform to all ordinance requirements. A limited permit shall be restricted to a period not to exceed 30 days.
(E) A permit shall not be issued for any construction work unless the premises is in compliance with the regulations of the zoning ordinance and other pertinent ordinances of the city.
(F) A cash bond in the amount as set from time to time by motion, resolution or ordinance of the City Council, provided that such amount shall not be less than $500 shall be required on all new construction projects and all additions to existing buildings.
(1) The bond is to assure payment of the cost of replacement, repair, cleaning or restoration of public property, damaged or littered by the Contractor or his or her subcontractors, in the prosecution of the work for which the permit was issued.
(2) If the public property is damaged or littered, the contractor shall be notified to take necessary action to restore the public property to its original condition.
(3) Failure on the part of the owner, general contractor or any subcontractor to promptly clean the public property before 2:30 p.m. each day will result in the clean up work being accomplished by city personnel, with the cost of said work being deducted from the cash bond.
(4) The cash bond shall be maintained until the work for which the permit was issued is completed. Upon approval by the Director of Community Development or his or her designee of the completion of such work, and subject to the provision of § 150.153 of this city code, the cash bond shall be returned to the depositor.
(G) Occupation, obstruction, or use of street, sidewalks and public property.
(1) Permit required. It shall be unlawful for any person, firm, or corporation other than an authorized official of the city in the performance of his or her duties, to make any excavation in any street, alley or public place, or to tunnel under any street, alley or public place in the city without first having obtained a permit as herein required or without complying with the regulations herein contained.
(2) Application and fee. Applications for such permits shall be made to the Director of Community Development or his or her designee and shall state thereon the location of the intended excavations or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating, and the name of the person, firm or corporation for whom the work is being done.
(3) Deposit; bond.
(a) Every contractor, person, firm or corporation making any improvement in the city which requires the digging into, taking up or otherwise disturbing any portion of the paved roadway or parkway of any street in the city shall deposit with the City Clerk in cash, a sum as set out in the fee schedule per permit issued.
(b) Such deposit shall be returned after the work is finished, but in the event that such person, firm or corporation shall fail or neglect to place or maintain any such light or barricade or to restore the pavement, sidewalk or parkway as herein provided, the Director of Community Development or his or her designee may proceed to have such light or barricade lighted, or placed at such obstruction or opening, or to restore the pavement, sidewalk or parkway as herein provided and the cost of doing so shall be deducted from the deposit before it is returned.
(c) Whenever in the making of any improvement, it becomes necessary to dig into, excavate or remove any portion of the parkway of any street lying between the lot lines and gutter lines thereof, the permit, plans, specifications and contract, therefore shall provide that the contractor, person, firm or corporation making such improvement, shall restore such parkway to the condition it was in before such digging or excavating was commenced, and shall resod the surface where sod has been taken up, or cover the surface with suitable soil and seed the same with suitable grass seed, and shall continue to care for the same, until such parkway is restored to a condition as good in every way as it was in before such digging or excavation was made.
(d) Whenever any portion of the public property is disturbed that does not abut that private property for the benefit of which the said public property was disturbed, immediate restoration of the disturbed property shall be required.
(H) High impact traffic.
(1) HIGH IMPACT TRAFFIC shall be defined as the passage on city-maintained streets of any vehicle that is:
(a) Carrying heavy construction material loads, multiple trips in short duration, exerting force that contributes to abnormal and localized pavement deterioration; and
(b) Either:
1. Is used in grading, construction or renovation projects for which a building permit, grading permit; watershed development permit or similar development permit or authorization is required under the city code (hereinafter referred to as “building permits” for purposes of this division (H)); or
2. Travels on the streets or roadways of the city as pass-through traffic when alternative routes are otherwise available (“through-traffic”).
(2) The determination of whether the use of any such vehicle constitutes high impact traffic shall be made by the City Engineer in accordance with the
provisions of this division (H).
(a) Approval required. It shall be unlawful for any person, firm or corporation, other than an authorized official of the city in the performance of his or her duties, to utilize high impact traffic within the city without first having obtained a an approval as herein required or without complying with the regulations herein contained.
(b) Application.
1. Upon submitting an application for a building permit under division (C) above (or such other applicable provision of the city code), any property owner or contractor engaging in any activity for which a building permit is required (a “development project”) must seek from the City Engineer, or his or her designee, a determination of whether such development project will include high impact traffic. (For purposes of this division (H), through traffic activities shall also be considered a “development project.”).
2. As part of such building permit application or in connection with any through traffic, the City Engineer may require the applicant to submit information regarding deliveries and other construction traffic related to the development project. Any development project that involves the use of high impact traffic, as determined by the City Engineer, must obtain approval for high impact traffic prior to start of construction. The building permits will reflect the approval of high impact traffic, if applicable.
(c) High impact traffic fee.
1. The fee for such high impact traffic shall be determined individually for each development project by the City Engineer based on various factors, including, but not limited to:
a. Number of vehicles required for the development project;
b. Number of trips each vehicle is estimated to take;
c. Vehicle weight class;
d. Vehicle load factors;
e. Traffic routing;
f. Local street classification and average daily traffic;
g. Estimated reduction in pavement life;
h. Street length affected;
i. Street area affected; and
j. Estimated rehabilitation cost.
2. The City Engineer may develop from time to time rules or regulations for considering the foregoing factors in assessing the amount of the high impact traffic fee.
(d) Cranes. Notwithstanding the evaluation factors outlined in division (H)(2)(c) above, any vehicle transporting a crane shall be deemed high impact traffic. The high impact traffic fee for the transportation of a mobile crane shall be as set out in the fee schedule. Such fee shall be charged in addition to any fee established by the City Engineer pursuant to division (H)(2)(c) above.
(e) Allocation of funds. All high impact traffic fees remitted to the city shall be deposited into the Capital Fund for general maintenance and improvements of the city roadway infrastructure.
(f) Appeals.
1. Prior to the payment for and issuance of any high impact traffic, an owner or developer may appeal the determination of the City Engineer to the City Manager regarding:
a. Whether such development project will include traffic which constitutes high impact traffic; or
b. The amount of the high impact traffic fee.
2. Any such appeal shall be made in writing within ten days after the written determination of the City Engineer, and the appeal shall set forth in detail the bases for the appeal. The City Manager shall thereafter consider the request for review, determine whether the high impact traffic fee should be reduced or waived, and provide a written determination thereof. If such person seeks further review of the imposition or amount of the high impact traffic fee, such person shall file a request to appeal the determination of the City Manager with the City Clerk within 15 days after mailing of the determination by the City Manager; such appeal shall be considered by the City Council based on the relevant facts available regarding the high impact traffic fee, and materials presented in connection with the Manager’s review provided under this division (H)(2)(f). The determination of the City Council shall final. In connection with any review or appeal under this division (H)(2)(f), a building permit with approval of high impact traffic may be issued upon paving the high impact traffic fee, but any such fee payment shall not prevent a person from pursuing such review or appeal.
(g) Violations. Both operators of high impact traffic and owners or contractors utilizing high impact traffic for a development protect without an approval for high impact traffic shall be in violation of this division (H), and subject to a fine.
(h) Exemptions. Notwithstanding any provision in this division (H) (except division (H)(2)(d) above), no high impact traffic approval shall be required in connection with the construction, alteration, addition, renovation, or rehabilitation related solely to a single-family residential building structure in the city.
(i) Discrete damage to city streets or infrastructure. Vehicles that are used in conjunction with a development project, whether deemed high impact traffic or otherwise, that cause specific, identifiable damage to streets, sidewalks or other infrastructure shall be required to pay the cost of repair for such damage without regard to any high impact traffic approval and in addition to any high impact traffic fee.
(I) The following fee schedule shall apply to all new construction and to all remodeling of all buildings in the city.
(1) Building construction or remodeling.
Total Cost (Full Market Value) of Construction | Permit Fee |
$200,000 | In accordance with the most recent fee schedule, approved by the City Council and on file in the Office of the Director of Community Development |
$200,001 to $500,000 | In accordance with the most recent fee schedule, approved by the City Council and on file in the Office of the Director of Community Development |
$500,001 or more | In accordance with the most recent fee schedule, approved by the City Council and on file in the Office of the Director of Community Development |
(2) Water system connection charge.
(a) Prior to the issuance of a building permit for any construction or remodeling, the owner, contractor or representative shall pay to the city the building permit fee as calculated based upon the schedule. In addition to the building permit fee, a water system connection charge, computed in accordance with the schedule, shall also be paid to the city for all new principal buildings and additions.
Water System Connection Charge | |
Each single-family dwelling building | In accordance with the most recent fee schedule, approved by the City Council and on file in the Office of the Director of Community Development |
Each residential unit in a duplex dwelling building | Same as above or multi-family dwelling building |
Each new nonresidential principal building or major addition | Same as above |
Each institutional principal building having a federal and state tax exempt status | Same as above |
Same as above | |
Installation of lawn sprinkling system | Same as above |
(b) The funds thus collected shall be used by the city for its general corporate purposes, with primary application being made the necessary expansion of the water system to meet the requirements of the new users thereof. The swimming pool and lawn sprinkler charge shall not apply if the permit is obtained within one year from the date of occupancy of a new residence.
(c) The above described fees shall be increased or decreased on an annual basis commencing May 1, 1982 and on May 1 of each subsequent year in accordance with the ENR index promulgated by the Engineering News Record. For the purposes of computing increases or decreases in utilizing this index, the comparison index to be used shall be the ENR index in effect on the date of passage of this section. In addition, the city shall have discretionary power where necessary to increase or decrease these connection fees beyond the base amount provided for by the ENR cost index. Such discretionary power shall be limited to the extent possible to cover costs induced by inflation and other factors beyond the control of the city.
(3) Plan review fee. To be collected at the time of application for building permit or submittal of any plan for review and shall be in accordance with the most recent fee schedule, approved by the City Council and on file in the Office of the Director of Community Development.
(4) Connection to the sanitary sewer. Prior to the issuance of a building permit for any construction activity requiring a connection to the sanitary sewer, a sanitary sewer connection fee, in addition to any applicable building permit fee shall be paid in accordance with the fee schedule as annually adopted by the City Council.
(J) A reinspection fee, adequate to reimburse the city for additional expense incurred, shall be charged on any construction work which through negligence, incomplete work or poor workmanship on the part of the contractor, makes it necessary for the Inspector to make more than two inspections of a single phase of construction.
(K) A fee as set out in the fee schedule for each 24-hour period, to reimburse the city for additional expenses incurred may be added to the permit fee for any work that has proceeded without first securing a permit.
(L) A no fee permit may be issued on a maintenance and repair work for which not more than a minimum inspection service can be offered by the Department of Community Development. The no fee permit may be issued on work costing not more than $1,000. The scope of the maintenance or repair work shall be limited to the following:
(1) Repair of any roof surface;
(2) Repair of exterior wood or metal siding;
(3) Tuck pointing or exterior stucco repairs;
(4) Patching of interior plaster or plaster board;
(5) Replacement of doors or window sash in existing openings;
(6) Repair or replace existing fence in same location;
(7) Replacement of kitchen counter tops not requiring alteration to plumbing; and
(8) Installation of a garden storage building not exceeding 150 square feet and which has no dimension over 12 feet.
(Prior Code, § 9-84) (Ord. 1245, passed 12-7-1981; Ord. 94-11B, passed 4-21-1994; Ord. 03-14, passed 3-3-2003; Ord. 03-20, passed 3-20-2003; Ord. 03-60, passed 11-20-2003; Ord. 2010-30, passed 2-16-2010) Penalty, see § 150.999