(A) From and after September 24, 1985, it shall be unlawful for any person to establish and construct any new private entrances or exits, such as driveways, service roads, private alleys or private parking lot accesses conjoining with any public town street or alley without first obtaining a permit from the town Street Commissioner. A nonrefundable permit application fee of $50 shall be paid to the town at the time application is made. The Street Commissioner shall require the applicant to submit such locus descriptions, plans and specifications as he or she deems necessary to determine that:
(1) A traffic hazard or congestion would not be created by the operation of the proposed entrance or exit; and,
(2) Adequate provision is made for drainage so as not to interrupt flows in adjacent drainage ditches, gutters, storm sewer inlets, and the like, as applicable; and,
(3) Any public sidewalks, curbs, gutters, street pavement and the like modified or disturbed by the construction will be restored or reconstructed in a condition acceptable to the town.
(B) All of the above shall be binding conditions of the permit and failure of the applicant, property owner, or their agents, acting under the permit to fully comply with all the conditions, shall entitle the town to pursue subsequent remedial action in accordance with IC 36-1-6-2 or IC 36-1-6-4. This section does not affect the continued maintenance and operation of private entrances and exits lawfully in existence on or before September 23, 1985, nor private entrances or exits conjoining with a state highway or state- maintained route.
('85 Code, § 8-9-1) (Ord. 1985-C32, passed 9-24-85)