The provisions of this chapter apply only to permits for the
laying, constructing, reconstructing or repairing of curbs, sidewalks,
gutters, driveways, highway surfaces, retaining walls, storm drains,
culverts or other appurtenant highway structures.
(Prior code § 7411; S.D. Co. Ord. 989 N.S. § 110)
A. An
applicant for a permit shall state in his or her application the following:
1. The
location, nature and extent of the work to be performed;
2. The
materials to be used; and
3. Such
other information as the Director may require.
B. If
in the opinion of the Director the work proposed to be done requires
the making of plans or the setting of stakes, or both, the Director
may require the application to be accompanied by the necessary plans,
which plans shall be prepared by a competent engineer.
(Prior code §§ 7412, 7413; S.D. Co. Ord. 989 N.S. §§ 111, 115)
If the applicant complies with every provision of this title
and with all applicable provisions of all other ordinances and statutes,
the Director may issue to the applicant a written permit to perform
the work set forth in the application.
(Prior code § 7414; S.D. Co. Ord. 989 N.S. § 116)
A. An
applicant for a permit to construct any work, except curbs, walks,
gutters or highway surfaces, shall, in addition to the issuance fee,
pay or make a deposit for an engineering or inspection fee or engineering
and inspection fee in an amount estimated by the Director to be equal
to twice the actual cost of all necessary engineering and inspection.
B. An
applicant for a permit to construct a driveway with surfacing other
than dirt, gravel or decomposed rock, shall, in addition to the issuance
fee, pay an engineering and/or inspection fee as follows:
1. For
each residential driveway, $1.50;
2. For
each commercial driveway, $10.00.
(Prior code §§ 7421, 7422; S.D. Co. Ord. 989 N.S. § 112)
A. The engineering and inspection costs provided for in subsection
B of Section
12.32.040 shall be presumed to be the actual cost.
B. A refund
shall not be made to any applicant unless the inspection and/or engineering
fee was erroneously collected, in which case the entire amount may
be returned or, if the driveway or driveways were not constructed
by the permittee, the applicant may apply for a refund of the unused
fees less a charge of $1.50 on the permit for final inspection charges.
C. Where the deposit has been made under subsection
A of Section
12.32.040, the Director shall deduct from the deposit the amount of the issuance fee and the actual cost to the City of the required engineering and inspection. If such cost and fee is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys.
D. If
the cost, plus the issuance fee, exceeds the deposit, the permittee
shall pay the excess to the City. If he or she does not so pay within
15 days, the City may recover such sum in any court of competent jurisdiction.
E. Until
such amount is paid, further permits shall not be issued.
(Prior code §§ 7423—7424.2; S.D.
Co. Ord. 989 N.S. § 113)
The Director shall not charge any engineering or inspection
fee for a permit to construct curbs, walks, gutters or highway surfaces.
(Prior code § 7426; S.D. Co. Ord. 989 N.S. § 114)
The Director shall issue, without any inspection fee or deposit
therefor, a permit to construct a residential driveway if the applicant
for such permit pays the issuance fee and submits satisfactory evidence
to the Director that:
A. The
distance from the curbline to the property line does not exceed 10
feet;
B. There
is no space between the sidewalk and the curb;
C. The
distance from the inside of the sidewalk and the property line does
not exceed five feet; and
D. The
driveway will be inspected by a competent governmental agency other
than an agency of the City, and such governmental agency will furnish
a certificate to the effect that portion of the driveway installed
in the public right-of-way was inspected and complies with minimum
standards required by the City.
(Prior code § 7425; S.D. Co. Ord. 989 N.S. § 113.5)
A. Every
permittee shall commence the proposed work within 60 days after the
granting of the permit and thereafter prosecute the work in a diligent
and workmanlike manner to completion.
B. Unless
in his or her opinion a good and sufficient reason exists for the
delay, the Director may revoke a permit unless work thereunder is
commenced within 60 days of the date of issuance.
C. When
a permit has been revoked by the Director, the permittee may obtain
a refund of any unused fee paid or unused deposit made. No part of
any issuance fee may be refunded.
(Prior code §§ 7431—7433.1; S.D.
Co. Ord. 989 N.S. §§ 117—119)
A. If
so required by the Director, the permittee shall make proper arrangements
for and bear the cost of relocating any structure, public utility,
tree or shrub where such relocation is made necessary by the proposed
work for which a permit is issued.
B. The
Director may elect to do the necessary relocation. In that case the
permittee shall deposit with the Director a sum of money estimated
by him or her to be sufficient to pay the cost thereof.
C. After such relocation, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Sections
12.32.050 and
12.32.060.
(Prior code §§ 7434—7434.2; S.D.
Co. Ord. 989 N.S. § 120)
Before a permittee performs any work covered by this chapter,
he or she shall obtain from the Director the lines and grades therefor.
(Prior code § 7435; S.D. Co. Ord. 989 N.S. § 121)
A. If
any stakes set for any work covered by this chapter are disturbed
or destroyed and it becomes necessary to set additional stakes, the
permittee shall deposit a sum estimated by the Director to be sufficient
to pay the cost of setting such additional stakes.
B. The
Director shall set the additional stakes.
C. After such setting, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Sections
12.32.050 and
12.32.060.
(Prior code §§ 7436—7436.2; S.D.
Co. Ord. 989 N.S. § 123)
A. A permittee
shall place and maintain at each end of the work, not more than 50
feet apart along the side thereof, unless otherwise directed by the
Director, from sunset of each day until sunrise of the following day,
until the work is entirely completed, flares or red warning lights.
B. He
or she shall also place and maintain barriers not less than three
feet high at each end of the work until the work is completed to the
entire satisfaction of the Director.
(Prior code §§ 7437, 7437.1; S.D. Co. Ord. 989 N.S. § 125)
A permittee shall remove all material and debris where new work
is covered with earth, in accordance with the terms of the specifications
attached to the permit, and in all other cases within three days.
(Prior code § 7439; S.D. Co. Ord. 989 N.S. § 129)
Every person who performs any work covered by this chapter in
an amount greater than, or in any way different from or contrary to
the terms of any permit issued therefor is guilty of a misdemeanor.
(Prior code § 7438; S.D. Co. Ord. 989 N.S. § 128)
If an applicant receives a permit pursuant to the provisions of Section
12.32.070, and the governmental agency referred to in subsection
D of Section
12.32.070 fails to make the inspections or fails to file the certificate there provided for within four months of the issuance of the permit, the Director may him or herself inspect the driveway, in which case the applicant shall pay to the Director the actual cost of such inspection.
(Prior code § 7441; S.D. Co. Ord. 989 N.S. § 113.7)
A. The
permittee shall perform all work in accordance with the plans, if
plans are made, and specifications referred to in the permit, and
to the satisfaction of the Director.
B. The
Director may waive inspection if he or she believes such inspection
is not necessary for the best interests of the City.
(Prior code §§ 7442, 7442.1; S.D. Co. Ord. 989 N.S. § 122)
Not less than 18 hours before the commencement of any work covered
by this chapter, the permittee shall apply in writing to the Director
for an inspector therefor. In such application, he or she shall specify
the day and hour when, and the location at which, the work will be
commenced.
(Prior code §§ 7443, 7443.1; S.D. Co. Ord. 989 N.S. § 124)
Whenever any permittee has completed any work for which a permit
has been granted, he or she shall so notify the Director in writing.
(Prior code § 7444; S.D. Co. Ord. 989 N.S. § 126)
If the Director by survey or by inspection or by both ascertains
that the work has been completed according to the requirements of
the permit issued therefor, and of all of the provisions of this chapter,
he or she shall issue, if requested so to do by the permittee, a certificate
of acceptance which shall contain a statement of the location, nature
and extent of the work performed under the permit.
(Prior code § 7445; S.D. Co. Ord. 989 N.S. § 127)