A. Permit Required: No person shall obstruct, cut, remove, reconstruct, damage, deface, injure, disturb, or in any other way interfere with in any manner any drainageway, storm sewer or drain, road or street surface or paving, curbing or sidewalk on any of the public roads, streets, highways, avenues, boulevards, alleys, public grounds or places of the city for the purpose of replacing, improving, modifying, or creating a driveway or approach to premises abutting on such road, street, highway, avenue, boulevard, alley, public ground or place without first obtaining a permit therefor. (1987 Code § 14-301)
B. Application For Permit; Fee:
1. An application for a permit shall be made upon application forms furnished by the city and shall be accompanied with a nonrefundable permit fee payable to the city clerk. The city administrator, upon application, will review all applications for permits to ensure that they comply with this section and all other applicable ordinances of the city.
2. Applications for permits shall include, but not necessarily be limited to, the following information concerning the proposed driveway or approach:
a. Location of driveway or approach;
b. Surface material of abutting public roadway and proposed driveway or approach;
c. Width of driveway or approach;
d. Size or diameter, length and type of culvert;
e. Depth of culvert placement; and
f. Proposed bedding or backfill material for culvert emplacement. (1987 Code § 14-302)
C. Issuance Or Denial Of Permit:
1. If it appears from the application that there is reasonable assurance that the construction of the driveway or approach will neither create any substantial hazard in the use of the road, street, highway, avenue, boulevard, alley, public ground, or place for public travel; nor that such driveway or approach will unduly restrict the flow of stormwater into or through any adjacent or abutting drainageway, storm sewer or drain, then the permit may be issued.
2. If the application does not furnish information sufficient to allow the city administrator to make the determination required in subsection C1 of this section, then the application may be denied.
3. A conditional permit may be granted where the city administrator determines that the application should be granted, subject to certain conditions or restrictions on the proposed work. (1987 Code § 14-303)
D. Damages Recoverable For Noncompliance: If any person replaces, improves, modifies, or creates a driveway or approach to premises abutting on any public road, street, highway, avenue, boulevard, alley, public ground or place without first having obtained the necessary permit therefor, the city may proceed to take such reasonable measures so as to cause compliance with the provisions of this section and to seek reimbursement from the person who has failed to make proper application or, who, having received a permit for work under this section, did not comply with the terms of the permit. (1987 Code § 14-304)