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Home My WebLink AboutCHAPTER #187 . e e- ttl01 (.) fl.f):r.:~: t'Hi <.:. t tI AN ORDINANCE REQUIRING THAT A PERMIT BE OBTAINED PRIOR TO COMMENCEMENT OF AN ALTERATION TO A PUBLIC STREET TO CONSTRUCT DRIVEWAYS; PROVIDING STANDARDS FOR ISSUANCE OF PERMITS; SETTING FORTH THE AUTHORITY OF THE CITY CLERK AND CITY ENGINEER OVER OPERATIONS WITHIN ITS PURVIEW; AND PROVIDING PENALTIES FOR VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA SECTION i DEFINITIONS For the purposes of tbis Ordinance, the following terms, phrases, words,,------- ) and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directly. (1) ItCity" is the City of Sebastian, Florida (2) "City Engineer II is the consulting engineer to the City of Sebastian. (3) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (4) "City Clerk" is the City Clerk of the City of Sebastian. SECTION '], PERMIT REQUIRED No person shall begin to construct, reconstruct, repair, alter or grade , , any sidewalk, curb, curb-cut, driveway or street on the public streets without first obtaining a permit from the City Clerk as provided by this Ordinance.' "7 SECTION ) APPLICATION An application for a permit hereunder shall file with the City Clerk an application showing: (1) Name and address of the owner, or agent in charge, of the property abutting the proposed work area; (2) Name and address of the party doing the work; (3) Location of the work area; (4) Sufficient description of the property to ascertain its location; VOCELLE &: VOCELLE: VERO BEACH, FLORIDA e ,e . e (5) Attached plans showing details of the proposed alterations; (6) Estimated cost of the alteration; Sj. i N~~ peete-A. Such other information as the ~ ~ shall find reasonably (7) necessary to thee determination of whether a permit should issue hereunder. SECTION :;'e FEES The following fees shall accompany an application for a permit hereunder: ",..-fl(ed6t.._ . (~-., d (I) Filing Fee: The filing fee sli."afl be ~ I "Ie ,,} .~e./ 61lA R S Mh' (2) Inspection and Engineering Fee: The City Clerk s1Mll charge a reasonable fee for all inspection and engineering services done in behalf of an applicant or permittee hereunder. SECTION ,( BONDS The following bonds shall accompany an application for a permit hereunder: (1) Construction and Maintenance. In Ca.l!IfHI ..7A.8ye t1.", ",oli.n.Hrtcd cest 9f tlw -pJ. uj"'I..:L l:j}.cc.11 ~xce~d ($. ) n"J"":F~ the City Clerk sJV1J1require a maintenance and construction bond to be filed with the applica- tion for a permit hereunder in an amount equal to one-half of the estimated cost of the project and conditioned that such work shall be done in accordance with the City1s Minimum Standard Specifications and guaranteeing the same for a period of ftllNely (9D) dtM:fo. (a) Failure of Compliance of Permittee. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this Ordinance the City Clerk shall order the completion of the work by the City and shall recover the cost from permittee as required by law. (2} Indemnity. The City Clerk shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the City from all claims for damages or injury to other persons by reason of such alteration work. SECTION b ST ANDARDS FOR ISSUANCE OF PERMIT The City Clerk shall issue a permit hereunder when he finds: VOCELLE 8l VOCELLE VERO BEACH, FLORIDA e .e e (l) That the plans for the proposed operation are in conformance with the minimum standards as hereunder set out and when, as the case may require, have been approved by the City Engineer. (2) That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egres s to and from the property affected and adjacent properties. (3) That the health, welfare and safety of the public will not be unreason- ably impaired. SECTION 7 MINIMUM STANDARDS FOR THE CONSTRUCTION ALTERATION OR REPAIR OF DRIVEWAYS (1) No driveways shall be placed within 30 feet of an intersection, said 30 feet being measured from the right of way of the intersection, unless plans for the construction, alteration, or repair of said driveway are submitted to the City Clerk 40 days prior to issuance of permit for the approval of the City Council. (2) Driveways on state roads: (a) No driveways shall be constructed on a state road unles s the applicant shall have first obtained a permit from the State Road Depart- ment and submitted same to the City Clerk. (b) The minimum standards shall be the minimum standards set out by the State Road Department. (3) Driveways on non-state roads where curb and gutter are in existence: ----- (a) Applicant shall maintain existing drainage and gutter. (b) Applicant shall meet side walk grade if existing. (c) Minimum width shall be ten feet with a ten foot radius at the intersections. I>-.. (d) Maximum width shall be sixty feet with a ten foot radius at the r~ - inte r sections. (e) Construction shall be either six inches of marl or shell rock after compaction or four inches of lime rock after compaction. (f) Applicant shall rebuild curbing on the ten foot radius, of like construction of existing curb, to a point five feet behind existing curb line. VOCELLE 8l VOCELLE VERO BEACH, FLORIDA e e e (4) Driveways on non-state roads where curb and gutter are not in existence: (a) Applicant shall maintain drainage in swale ditch. (b) Applicant shall furnish necessary pipe for drainage at least eight feet longer than driveway width, size of pipe to be specified in application for City Clerk approval, unless applicant shall provide a head wall. (c) The minimum and maximum width of construction and the material to be used, shall be the same as in part (3) above with the exception of rebuilding existing curb. SECTION } OBLIGATION OF CITY The issuance of a permit does not constitute any obligation on the City to maintain driveways. SECTION Cl PENALTIES Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding "TWeH ty 1=; ve ~~,tJb ) Dollars or be imprisoned in the (J~7 jail for a period not exceeding IhieJ,(a c) days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION I tJ SEPARABILITY If any section, subsection, sentence, dause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a separate, distince and inde- pendent provision and such holding shall not affect the validity of the remaining portions he reof. SECTION J I ORDINANCES REPEALED All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. VOCELLE a VOCELLE VERO BEACH. FLORIDA . .. - . SECTION f:[, WHEN EFFECTIVE This ordinance shall become effecgive immediately upon its passage. * * * * * * * * * * * City Council on the I hereby certify that the foregoing Ordinance was 17 day of, t h.Ui.7 /1/1 Ltla~ finally pas sed by the t. / f /;/ / ."" ./J~_ !..w ( J , 1961. ATTEST: *******)~>:,*):<**):<** I hereby certify that I have posted a true copy of the above and foregoing Ordinance on the bulletin board in the City Hall of the City of Sebasitna" Florida after pas sage of said Ordim nce on first reading and at least five days before the passage of said Ordinance on second reading and I posted a true copy of said Ordiance on the bulletin board in the City Hall after final passage. ktA/1 ~ QI " ' / . / -; - >' /~ - .- / ,-. ,/~~ t" l / /a/i~; /~1.. / Ci y Clerk VOCELLE a VOCELLE VERO BEACH. II'LORIDA