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82-O-24C1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REQUIRING PERMITS FROM THE SUPER- VISOR OF PUBLIC WORKS, PRIOR TO THE INSTAL- LATION OF DRIVEWAYS WITHIN THE CITY; FURTHER ENACTING STANDARDS AND REQUIREMENTS FOR SAID INSTALLATION OF DRIVEWAYS; FURTHER PROVIDING FOR PAYMENT OF FEES FOR THE ISSUANCE Of A PER- MIT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: Section 1. This ordinance shall be cited as the Edgewater Driveway Permit Ordinance. Section 2. Permit required. No person, firm or corporation shall hereafter construct, build, establish or maintain any driveway over, across or upon any portion of the public sidewalk or public parkway without first having obtained a written permit to do so from the Public Works Supervisor. Permits shall be obtained from the city engineer where the driveway is for other than residence or dwelling house use, or where it is necessary to elevate or depress the established grade of public sidewalks. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the provisions herein contained. Application for permit must be made in writing upon forms furnished by the city. Said application shall contain the name and address of the person, firm, or corporation making the application, the name of the contractor or person who is to construct said driveway and the proposed location and dimensions of such driveway. Complete plans and specifications shall be submitted to the Department of Public Works at least forty-eight hours before permit shall issue. Section 3. Bond. Before issuance of any such permit the contractor or person proposing to construct such driveway shall file with the City Clerk,on a form furnished by the city and approved by the city attorney, a penal bond in the sum of ------- dollars, with good and sufficient surety thereon, conditioned that the makers shall save harmless, defend and indemnify the city against or on account of accidents, damages or claims arising out of or during the construction of any driveway laid by the said contractor. All such bonds shall be continuing until terminated by notice in writing given thirty days in advance. Section 4. Fees. Before any work is started, the contractor shall pay to the City Clerk, permit and inspection fees as follows: (a) For all new driveway construction the fee shall be five dollars for a driveway area of two hundred and fifty square feet or fractional part thereof, plus two cents for each additional square foot over two hundred and fifty square feet. (b) For all resurface work of an existing driveway, the fee shall be two dollars for a driveway area of two hundred and fifty square feet or fractional part thereof, plus one cent for each additional square foot over two hundred and fifty square feet. (c) For all ordinary maintenance of an existing driveway of any area, the fee shall be one dollar. In addition to the fee for permit and inspection, the contractor shall deposit with the City Clerk for each new driveway to be constructed and for each driveway to be resurfaced, cash in the amount of fifty dollars, from which amount shall be deducted any cost of repair or replacement for any damage done to public property by the contractor in prosecution of the work for which permit has been issued, if after ten days notice the contractor fails to repair or replace the damaged public property. Such deposit or the residual thereof in event of deduction for damage to public property shall be returned upon application of the depositor and after inspection and approval of the work by the city officers charged with such duty. Provided, however, that a contractor making a business of driveway construction in the city, or who shall elect to do so, may deposit a sum of one hundred dollars and maintain this sum at not less than one hundred dollars until he informs the city clerk in writing that he has ceased doing driveway construction work in the city. Refund of any deposit, or of the balance remaining, if after neglect of the contractor the work of repair or replacement is done by the city, shall be made only on approval of the Supervisor of Public Works. Section 5.Supervision. All such work shall be done under the jurisdiction of the Supervisor of Public Works in accordance with the ordinances of the city; and shall be inspected upon completion by the constituted member of such department. Section 6.Specificetions. All plans and specifications must conform to the following minimum requirements before permit for construction or reconstruction shall be permitted: (a) Driveways for other than residential or dwelling house use shall be constructed of Portland cement concrete at least four inches in thickness, or bituminous concrete or other materiel of equivalent strength. Concrete shall be as consistent with design standards approved as part of Site Plan Review or subdivision approval. (b) Driveways for residential or dwelling house use shall be constructed in a manner and of a material equal at least to that existing for the paving in the public street adjacent thereto. (c) Where a driveway of any kind of material is constructed across the sidewalk space, it shall conform to the sidewalk grade as established by the city engineer. (d) Gravel, shell and other types of driveways where permitted herein shall be not less than four inches thick, compacted depth. (a) Where paving in the public street is of concrete, and a concrete driveway is constructed, a one -inch bituminous premolded expansion joint with load transmission unit shell be placed approximate three feet from the edge of the said concrete paving and normal to the center line of the driveway, in accordance with design standards illustrating such construction on file with the city engineer as approved as part of the final site plan (f) The width of the driveways for residential or dwelling house shall be not leas than nine feet or more than fourteen feet at the outer or street edge of the sidewalk. (g) The width of the driveway opening at the curb line shall not exceed the width of the driveway at the inner or property edge plus twenty feet, nor be less than the width of the driveway at the inner or property edge of the sidewalk plus ten feet. In no instance should the radius be less than three feet at curb corners, and this only when the driveway is flared; or more than ten feet when the driveway is at right angles to the street line. The center line of all driveways must be approxi- mately at right angles to the curb line of the pavement in the public street for a distance of at least ten feet from said curb line. (h) All driveways shall be so graded between the gutter or swale and the sidewalk that it will not be necessary to change the established grade of either and will not elevate or depress any portion of either. No part of said driveway shall extend beyond the curb line or edge of pavement in such a manner as to change the grade of said gutter or swale or obstruct the free flow of water in said gutter or swale. Where elevations or depressions are necessary in the parkway strip or swale between the edge of pavement and walk, said parkway shall be graded on both sides of the driveway to a distance sufficient to create a gradual ascent or descent. At no time shall the gradient exceed one foot vertical to ten feet horizontal. (i) Combined curb and gutter and separate curbing shall be entirely removed for the full width of the driveway opening at the curb line. If an existing joint in said curb is within five feet of the end of the driveway opening, remove the existing curbing, etc. to said joint, otherwise cut said combined curb and gutter or separate curbing, making a neat edge truly at right angles to the edge of the pavement and truly vertical. Integral curbing, which is that type placed with the pavement and molded as an integral part of it, must be removed for the full depth from the top of curb to the bottom of the pavement. The edge must be cut as above described. No combined curb and gutter, c� o straight curb or integral curb shall be removed within five feet of a public crosswalk. (j) Where driveways cross open ditches in the parkways or swales, culverts shall be installed. Said culverts shall be of such size and shall be constructed of such material as determined by the Supervisor of Public Works, depending on the conditions existing. (k) Where existing meter pits are in the area of a proposed driveway the existing cast iron top shall be removed and turned into the water department. A heavier cover shall be furnished and set by the water department, and the additional cost thereof shall be paid by the contractor. (1) Where an existing catch basin is in the area of the proposed driveway, the tops shall be removed and replaced with a manhole top with perforated lid. Said top shall be set by the street department, and the additional cost thereof shall be paid by the contractor. All driveways constructed or reconstructed over, across or upon any public street or public parkway in the city shall be kept and maintained at all times in accordance with the provi- sions hereof by the persons so constructing, reconstructing or using the same as an adjunct or appurtenant to lands or proper- ties immediately adjacent thereto. Section 6. That all Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall take effect immediatetly upon adoption as provided by law. The Ordinance was introduced by Mr The Ordinance was read for a first time and passed by a majority vote of the Edgewater City Council at a regular meeting thereof held on the day of , 1982, and authenticated as provided by law. The Ordinance was read for a Second time and adopted by majority vote of the Edgewater City Council held on the day of , 1982, and authenticated as provided by law. ROLL CALL VOTE AS FOLLOWS: The vote on the above and foregoing Ordinance No. following first Reading thereof was as follows: MAYOR Robert H..Christy ZONE ONE COUNCILMAN - Jacob Lodico ZONE TWO COUNCILMAN David Ledbetter ZONE THREE COUNCILMAN Wilbert Pendleton .1 ZONE FOUR COUNCILMAN John Wilbur The roll call vote on second reading of the Ordinance, following a duly advertised public hearing was as follows: I MAYOR Robert H. Christy 1 ZONE ONE COUNCILMAN LI Jacob Lodico ZONE TWO COUNCILMAN David Ledbetter ZONE THREE COUNCILMAN Wilbert Pendleton ZONE FOUR COUNCILMAN John Wilbur ATTEST: CITY CLERK Authenticated this day of , 1982. MAYOR Approved for legality and form: Wm. Clay Henderson CITY ATTORNEY