§ 12.16.040. Permits.

A.

No person shall begin construction of driveway culverts or roadside underdrains, nor shall any person break or cut away any portion of any curb or gutter now or hereafter laid or established on any street, alley or public way, without first having secured a permit from the village administrator. Any applicant who accepts such a permit shall be deemed to accept the terms and conditions imposed by this Chapter 12.16. The village administrator shall not issue any permit under this chapter for any private access way or for the breaking or removing of any curb where the proposed opening would create any undue hazard to pedestrians or create a traffic hazard. In the event that the street superintendent concludes that the proposed construction carries a significant risk of damage to public improvements, the village administrator shall not issue a permit until the applicant has made a cash deposit or provided other acceptable security in such amount as the street superintendent deems reasonably necessary to pay any cost which the village will incur should the applicant fail to restore all public improvements affected by the proposed construction. If any proposed construction regulated by this chapter will occur as part of an improvement for which a permit has been issued under Chapter 15.16 of this Code, then the permit issued under Chapter 15.16 shall serve as the permit required by this chapter.

B.

Any person intending to begin such construction or curb cut shall so notify the village administrator in writing, and shall submit plans or drawings showing the nature and location of the proposed construction or curb cut. Also, before a permit will be issued for a curb cut onto a state right-of-way, a copy of an approved permit from the State Department of Transportation shall be submitted to the village administrator.

C.

Before issuance of the permit, the village administrator shall inspect the site of the proposed construction and shall inform the applicant in writing of any changes to the plans or drawings necessary to ensure compliance with this chapter. Also, any person installing an accessway through a curb break shall notify the village administrator not less than twenty-four hours prior to the placing of concrete on improved streets, so that the forms may be inspected prior to the pouring of the concrete.

D.

After completion of the construction, the applicant shall so notify the village administrator who shall inspect or cause the inspection of the completed construction to insure that it has been built in compliance with this chapter and with any requirements specified upon the issuance of the permit. At such time as the completed construction is satisfactory, the village administrator shall issue a certificate of compliance.

E.

If the construction is completed in accordance with the approved plans, drawings, or permit, then the cash deposit or other security posted as required in subsection A of this section shall be returned to the applicant or otherwise released. However, should that applicant fail within a reasonable time to complete such construction in accordance with the approved plans, drawings, or permit, then the village may at its option restore any affected public improvements and apply any cash or other security to the extent necessary to pay any costs incurred by the village in order to complete any such restoration. To the extent that the security posted by the applicant is insufficient to cover any costs of restoration incurred by the village, the village may recover such costs from the applicant together with any costs of collection incurred by the village including reasonable attorneys fees.

(Ord. No. 2004-13, § 2, 10-19-2004; Ord. 1978-12 § 4, 1978)