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(A) No person, firm, corporation or developer shall construct any entrance, driveway or approach connecting with any public roadway, nor shall any curb along the roadway be cut or removed without an approved right-of-way permit in accordance with the regulations and requirements contained in this chapter. This permit must be obtained before a building permit will be issued.
(B) All work shall be performed in accordance with, and conform to, the City of Lawrence standards or as directed by the City Engineer.
(C) Two entrances may be permitted with a minimum of 300 feet frontage, based on anticipated traffic generation provided the distance from any driveway approach to an adjacent property line or alley way is a minimum of ten feet. Minimum distance between driveways shall be 40 feet.
(D) Divided entrance may be required for major traffic generators. The responsible authority(ies) reserves the right to permit or require a divided entrance based on the parking capacity of the establishment and the effect on the traffic service of the adjacent highway. Driveways shall be operated in a one-way pattern. Additionally, the length of the median and barrier curb along the right edge of the entrance should be of sufficient length to preclude the internal conflicts within the parking lot causing interference with traffic on the roadway.
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
(A) Right-of-way use permit - The permit fee shall be $125.00 per block.
(B) Excavation permits - The permit fee shall be $200.00 per block.
(C) Emergency same day permit - The permit fee shall be 1.5 times the applicable permit.
(D) Annual utility permit - The permit fee shall be $5,000.00 per utility provider per year.
(Am. Ord. 15, 2020, passed 12-7-2020)
(A) Issuance. Upon receipt of a completed application pursuant to this chapter, approval of the worksite and payment of permit fees as specified, the City Engineer may issue a permit to the applicant. The City Engineer may issue an emergency permit (by authorizing the work to proceed and assignment of a permit number) prior to receipt of the application and other required documentation, provided the application is submitted on the following business day.
(B) Duration. In general, the permit shall be valid for a 60 calendar-day period unless specified otherwise on the permit, beginning on the day of issuance. Upon a permit holder's justified request, the permit may be extended for an additional 60 calendar-day period or until final restoration has been achieved.
(C) Activation. Permit work once approved shall commence within three working days. If for any reason the permit holder determines he or she will be unable to perform work as scheduled, the permit holder shall immediately notify the City Engineer.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
Except as otherwise excluded by contract or franchise agreement with the City of Lawrence, the applicant for a permit shall sign an indemnification agreement to indemnify and hold harmless the City Engineer, the Board of Public Works and Safety and the City of Lawrence from and against all claims, actions, damages and expenses, including reasonable attorney's fees, based on any alleged injury (including death) to any person or damage to any property arising, or alleged to have arisen, out of any act of commission or omission with respect to the activity or work of the applicant (or persons, corporations or firms authorized by the applicant) in a public right-of-way pursuant to the permit. The form of the indemnification agreement shall be acceptable to the City Engineer.
(Ord. 15, 2020, passed 12-7-2020)
(A) Schedule of fees for enforcement of the provisions of this chapter and/or regulations adopted by the Board are as follows.
(1) The City Engineer shall have the authority to assess a $150.00 re-inspection fee for each instance where enforcement of the provisions of this chapter requires the City Engineer to re-inspect the worksite.
(2) In addition to the above, the City Engineer shall enforce the following fees.
(a) Excavating or using the right-of-way without a permit.
1. First offense in one calendar year - $1,500.00;
2. Second offense in one calendar year - $2,500.00;
3. Subsequent offense(s) in one calendar year - $5,000.00 and withholding all further permit approvals.
(b) Improper permanent surface restoration - $500.00, and remove pavement patch and six inches around patch in all directions then make correct repair. If, because of noncompliance, the City of Lawrence performs permanent surface restoration, permit holder must reimburse the City of Lawrence for the City's expenses plus an administrative fee determined by the City Engineer
(c) Not replacing temporary patch within time required - $500.00, and if, because of noncompliance, the City of Lawrence performs permanent surface restoration, permit holder must reimburse the City of Lawrence for the City's expenses plus an administrative fee determined on a yearly basis by the City Engineer. The permit holder shall remain responsible for cut in accordance with this chapter.
(d) Stop-work order issued - five times the permit fee, and reimburse the City of Lawrence for any costs incurred to correct the problem or protect the public.
(B) The City Engineer may assess the above fees administratively and may withhold issuing permits until the above fees are paid.
(C) The above penalties are in addition to and supplemental to any fee assessments, restoration costs or other remedies the City Engineer or the City of Lawrence may have.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
The following procedure will be employed by the City Engineer for the enforcement of the provisions of this chapter.
(A) The City Engineer or a representative shall inspect the work at any time.
(B) If inspection discloses that the work was not restored in accordance with this chapter or any violation is found, the inspector will issue a violation notice to the permit holder and/or the individual or contractor performing the work if no permit exists and/or to the owner of the adjacent land where appropriate. The violation notice will include the following:
(1) The exact nature of the violation, including the code or regulation section violated;
(2) The specific corrective action needed in order to come into compliance;
(3) The exact amount of time allowed for the violator to come into compliance, not to exceed five days; and
(C) Each violation listed on the violation notice constitutes a separate offense.
(D) If the violator fails to come into compliance as required by the violation notice, the City Engineer will assess fees as per § 5-2-1-12. Any fees assessed by the City Engineer are due immediately upon receipt of the violation notice.
(E) Upon failure to pay the fees, City Engineer shall refer the matter to the Corporation Counsel for further action. The permit holder, as well as the owner of the line being assessed, and when appropriate, the land owner for whom the work is being performed, will not be issued any other permits until the violation is brought into compliance and the fees assessed are paid.
(Am. Ord. 15, 2020, passed 12-7-2020)
Once work commences in accordance with an issued right-of-way excavation or use permit, a copy of the permit or the emergency verification number shall be available at the worksite at all times. A reinspection fee will be assessed if verification of permit is unavailable. The job site with representative on site should have a copy of the permit. The job site with no representative on site should clearly display by sign or other indicator the contractor name and emergency phone number with the permit number.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
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