(A) Purpose.
(1) The trails throughout the city are for the enjoyment of the residents and visitors to our community. The Parks and Recreation Department must assure safe access to the trails for public and private use.
(2) The city is responsible for maintaining all named trails and linear parks specified in the alternative transportation plan in the Westfield Thoroughfare Plan and in Trail Overlay Zoning Ordinance, and it is therefore necessary to set minimum standards for construction of all improvements for which the city will be responsible in order to avoid assuming unnecessary maintenance cost and inconvenience to the citizens and businesses of the city.
(3) In order to not compromise the drainage along trails, the Director of Parks and Recreation may require an engineered drainage plan to be submitted from a licensed engineering firm. Such a plan will be at the cost of the applicant.
(4) All improvements intended for public or private use to be constructed on the city’s named trail corridors as a privately maintained improvement must be approved by the Director of Parks and Recreation using this permitting process.
(5) Anyone wishing to have access to the trails where a public access point has not been provided by the city must complete the trail access permit process.
(B) Authority.
(1) The Parks and Recreation Department has the legal responsibility for managing all city parks and trail property. All trail access permits shall be in accordance with this section and subject to the authority of the Director of Parks and Recreation.
(2) The City Council shall hereby grant the Director of Parks and Recreation the authority to approve trail access permits, as an agent of the city.
(3) The Director shall have the right to appoint a deputy to perform the duties of the trail access permit administration.
(C) Trail access permit procedures.
(1) Application.
(a) All trail access permit applications shall be in written form using the trail access permit application (included in Exhibit A to Ordinance 12-38).
(b) The permit must be submitted and approved before any work can be done on city property. No work will be allowed prior to the review. A penalty fee of up to $500 will be enforced by the city with a stop work order for unauthorized work performed before permits are approved.
(c) Upon review of the application, if it is found to be incomplete or if an engineering plan is necessary, the applicant will be notified of what documentation is required to process the application.
(d) If an engineering plan is required the application cannot be considered until the engineering plan is received.
(2) Trail access detail.
(a) An 11 inches by 17 inches drawing of the proposed access point must be included with the application;
(b) Site photographs showing the location of the proposed access point and the proximity to the trail must be provided;
(c) Specifications and/or descriptions of the materials to be used must be included with the application;
(d) A maintenance plan specific to the improvement planned at the trail access location should be included. Areas of maintenance that should be included, but are not limited to, are landscaping, hardscape and drainage; and
(e) Proof of property insurance.
(3) Notification.
(a) The applicant shall be notified after a review period of the approval or denial of said plan.
(b) All written notification will be done by email or by U.S. mail.
(c) Approved permits will be mailed to the applicant once all requirements are met and a written notification has been provided to the applicant.
(d) Upon approval, a boundary sign will be placed at the trail access location with the permit number and expiration date indicated.
(4) Permit life.
(a) A permit is good for two years for the original applicant only.
(b) If the property is sold, a new application must be submitted by the new owners.
(c) Any changes to the original access permit design must be resubmitted for approval before the changes can be made.
(d) The permit can be automatically renewed by the original applicant if the following stipulations are met:
1. Access has been maintained per approved maintenance plan;
2. Proof of insurance is current and updated for additional year; and
3. No problems have arisen as a result of the permit being granted.
(5) Permit cancellation procedures.
(a) If at any time the requirements of the original permit are not being met, the Director of Parks and Recreation can revoke the permit and remove all improvements within the trail corridor.
(b) Any cost incurred by such removal will be charged to the permittee, and fees may be accessed.
(Prior Code, § 44-14) (Ord. 21-37, passed 10-11-2021)