(A) Application procedure. Application for a driveway permit shall be made to the Public Works Director or designee on forms provided. Each applicant shall provide the information and drawings specified on the permit application for the particular type of improvement. Additionally, each applicant shall be required to agree to maintain the constructed improvements and to hold the Council harmless for any liability arising from failing to maintain or from improperly maintaining the improvement.
(B) Issuance of permit. Upon receipt of the application and drawings, the Public Works Director or designee shall review the application and determine compliance with the location, drainage, construction and traffic engineering requirements established by the Council and whether it is consistent with future development of the area and any plans for future expansion of the existing road. If the application meets the applicable requirements, the Public Works Director or designee shall issue a permit to the applicant. The Public Works Director or designee may impose such conditions on permits as he/she deems necessary to ensure that the above described requirements are met using good engineering practices and in conformance with the Driveway Permit Guidelines. By acceptance of the permit, the applicant agrees to abide by all terms and conditions contained in the permit, in this subchapter, and in any other applicable regulations of the city. Permits shall expire at the end of ninety (90) days unless extended.
(C) Construction procedure. Upon issuance of the permit to the applicant, the Pubic Works Department will furnish the applicant the pipe and grade specifications. Swale locations referenced to the property line shall be constructed as specified in the permit. Any deviations must be approved in writing by the Public Works Director or designee. Based on the stormwater management regulations set forth of §§ 174.050 et seq., the area fronting a proposed building site extending from the edge of the pavement to the property line shall be addressed as provided for in the Driveway Permit Guidelines
(D) Fees.
(1) The fees for issuance of a driveway permit in compliance with the driveway code shall be as established by resolution pursuant to § 169.004.
(a) Expirations in excess of ninety (90) days require new application.
(2) The fees as set forth in this section shall be increased by four percent (4%) (rounded to the nearest dollar) each fiscal year. Should any decrease in such fees be warranted in any given year, they shall also be decreased annually by that percentage that accurately reflects the reduction of permits requested and the specific and ascertainable resulting reduction in funds needed to pay the city costs to manage all services and time needed to issue and monitor the permits required by this section.
(E) Bond. A performance bond, or other financial security approved by the City Attorney, may be required in the case where the specified work is incomplete and certificate of occupancy has been requested, or when damages to the right-of-way or any public property has been done and not repaired in accordance with good engineering practices or the Driveway Permit Guidelines, or when the work is nonconforming as determined by the Public Works Department. In addition to paying the fees established by the Council, a performance bond or other security approved by the City Attorney in the amount of one hundred dollars ($100.00) nonrefundable processing fee, plus two thousand dollars ($2,000.00) retainer refundable upon completion of specified work within thirty (30) days. If the work in question exceeds a value of two thousand dollars ($2,000.00), the bond amount shall be increased by the difference plus ten percent (10%). If said work is incomplete after thirty (30) days the bond will be forfeited. All such bonds or other security arrangements shall be on forms approved by the City Attorney. Such forms shall prescribe the manner in which noncompliance with the provisions of a permit or this subchapter shall be remedied, and shall provide the necessary financial assurances to remedy any non-compliance.
('74 Code, § 20-77) (Ord. 85-11, passed 3-21-85; Am. Res. 85-25, passed 3-21-85; Am. Ord. 2000-70, passed 12-21-00; Am. Ord. 2006-07, passed 2-2-06) Penalty, see § 179.999