§ 35.10 ADA COMPLIANT RAMPS WITHIN CITY RIGHTS-OF-WAY.
   (A)   ADA ramps that are placed in the city's right-of-way under the procedure set forth herein shall meet the following project policies and requirements.
      (1)   Policies.
         (a)   An application shall be obtained from the Neighborhood Development Department (Code/Building Compliance) of the City of Rushville.
         (b)   A property owner may designate a contractor or agent to act on its behalf as the applicant.
         (c)   As part of the application process the applicant is to provide a drawing for the project, a list of materials to be used, and a pre-construction site visit.
         (d)   The property owner itself shall provide a satisfactory “liability waiver and indemnification agreement" to the city that relieves the city of any liability as it pertains to the installed ramp.
         (e)   The compliance officer shall approve the application before any construction occurs.
      (2)   Requirements - to be determined by the Compliance Officer.
         (a)   The design and construction of the ramp will be required to meet or exceed all ADA requirements.
         (b)   Any variation from ADA requirements will need to be pre-approved and documented/substantiated describing reasons for the variation.
         (c)   All materials used for the construction of the ramp shall be of like appearance and nature to those used in adjacent/surrounding construction.
         (d)   All transitions from the surrounding sidewalks shall be safe and well finished without gaps or sudden changes in elevation.
         (e)   Special attention to be given to project extents/limits of the ramp and must provide for safe and adequate passage for pedestrians and other users of the sidewalk/right-of-way.
         (f)   Post-construction approval by the Compliance Officer shall be required prior to use of the ramp.
   (B)   If such plan is denied or the applicant disagrees with any particular requirements of the Compliance Officer, the applicant may appeal the decision to the City of Rushville Board of Works and the City of Rushville Historic Board, if applicable, with no time limit for the filing of such appeal. The purpose of this policy is to provide a streamlined approval process, and applicants may still apply directly to any relevant board if preferred.
(Ord. 2021-11, passed 4-6-2021)