New applications for permit to newly construct sub-space will no longer be accepted by the City.
Application for a Construction Permit must be made by the owner to the Commissioner upon such forms as shall be prepared therefor. Such application must be accompanied by:
(a) A detailed plan of the existing sub-space, setting forth in detail the walls thereof, the supports of the street pavement, or surface over the same, and such other details as are necessary to acquaint the Commissioner with the full details of the proposed re-construction, removal, modification, repair or abandonment of the sub-space.
(b) An agreement containing terms and conditions as required by the Commissioner and Director of Law executed by the owner, which shall run with the land (at the owner's expense) and be binding on all Persons having any interest in the real estate concerned. Such agreement in substance shall include, without limitation, that the owner will maintain the surface of the public way above the sub-space in a safe and substantial condition, will comply with all ordinances and rules with reference thereto; that upon revocation of the Construction Permit or Sub-space Occupancy Permit or upon demolition of the structure on the premises adjoining the sub-space, such sub-space will be completely filled and the surface of the pavement restored within thirty (30) days from such revocation or demolition; that they will indemnify the City, its officers, agents and employees and any and all other Persons of and from any and all damages by reason of the failure on the part of the Owner to comply with the provisions of this chapter, and that upon failure so to do any cost or expense incurred by the City in connection therewith shall become a lien upon the specific premises. Such agreement shall provide that the Owner shall reimburse the City any additional expense incurred by the City in the installation, removal or relocation of municipally-owned public utilities, police and fire alarm systems and traffic control system, necessitated by the existence and use of such sub-space.
(c) Satisfactory evidence of the title or interest of the Owner, which such evidence shall show all Persons having any interest in such real estate.
(d) A public liability insurance policy issued by a solvent insurance company , making the City a coassured therein, or bond to the City with sureties satisfactory to the City, in an amount determined by the Director and indemnifying and holding harmless the City, its officers, agents and employees from any and all damages or claims arising from or growing out of the construction, use or maintenance of such sub-space and of the pavement of the Street over the same.
(e) The fee hereinafter specified for the issuance of the Construction Permit, the Sub-space Occupancy Permit fee, and the fee for recording the agreement mentioned in subsection (b) hereof.
(Ord. 339-12. Passed 7-17-12.)