§ 96-5. Issuance of permit.

The Director may issue permits for excavation in, on or under any street and/or for permitting encroachments in, on, over or under any street when, in his opinion, the following conditions are met:

A. 

The use requested by the applicant will not unduly interfere with needs for street purposes, will not cause needless damage to the street, will not interfere with municipal operations, will not create a substantial traffic or pedestrian hazard, will not create excessive disturbance to traffic or pedestrians, will not unduly interfere with the safe and free flow of traffic or pedestrians and will not create dangerous conditions.

B. 

Compliance can be obtained with all the provisions of this chapter, all rules and regulations of the Director and all requirements as to fees.

C. 

A written agreement and acknowledgment in a form acceptable to the Director is executed by the applicant or a representative of the applicant duly authorized to do so, to the effect that:

(1) 

In consideration of the permission given by the issuance of the permit, the applicant covenants and agrees to comply with and be bound by the terms of each permit, the provisions of this chapter and all rules and regulations.

(2) 

The work covered by the permit shall be subject to inspection and restoration by the City, as set forth in this chapter.

(3) 

Each permit is revocable in accordance with the provisions of this chapter.

D. 

If a driveway is involved in the permitted work, an additional written agreement and acknowledgment shall be required in a form acceptable to the Director and executed by the owner of the premises having such driveway that, as a condition of the City permitting such driveway to remain over, across or upon any part of the right-of-way, he or it covenants and agrees to comply with and be bound by the terms of Chapter 95, Streets and Sidewalks.

E. 

The power to grant the permit is authorized by law.

F. 

The Director deems that the permit or permits are warranted.