Hillsborough Municipal Code Ch. 12.24 Street Right-of-Way Improvements

It is unlawful for any person, firm or corporation to construct or install, or commence or proceed with the construction or installation of any improvements, landscaping or gardening of any kind or nature, over, on or within the right-of-way adjacent to public streets or highways of the town, unless a permit so to do has first been obtained as provided in this chapter.

(Ord. 369 § 1 (part), 1980: prior code § 90.6.16 (part))

A. Any person, firm, or corporation desiring such permit shall make application in writing therefor to the superintendent of streets. Such applicant shall set forth the particular place where the improvements, landscaping or gardening are to be constructed by description sufficient to locate the same. Upon demand of the superintendent of streets, the applicant shall further furnish him with plans and specifications thereof.

B. All such work within the right-of-way shall be done and be completed in accordance with the application, and under the supervision and direction of the superintendent of streets, and shall incorporate a sidewalk area in conformance with the city engineer's standards for public work.

(Ord. 369 § 1 (part), 1980: prior code § 90.6.16(a))

The superintendent of streets after the filing of such application, shall consider and act upon such application within fifteen days after receiving the same. In the event of approval, a copy thereof shall be delivered to the building department which shall, upon receipt of the prescribed fee, issue a form of receipt or permit to do the work.

(Ord. 369 § 1 (part), 1980: prior code § 90.6.16(b))

The fees payable to the Town for issuing a permit to do any work as regulated by this chapter shall be a permit application fee and an inspection fee in amounts determined from time to time by the City Council to be reasonable fees covering the costs of processing the permit application and inspecting the improvements, landscaping, or gardening, such fees to be set by resolution of the City Council.

(Ord. 417, 1985; Ord. 369 § 1 (part), 1980: prior code § 90.6.16.(c))

In the event that the application is disapproved, the reason for such disapproval shall be given in a statement attached to such application and be returned to the applicant.

(Ord. 369 § 1 (part), 1980: prior code § 90.6.16(d))

The superintendent of streets shall have the power to grant the permit upon such conditions as he may deem necessary for the preservation of the public health, safety and welfare, and may further provide therein that the permit may be revoked by him, when in his opinion it shall be become necessary to do so for the preservation of the public health, safety and welfare.

(Ord. 369 § 1 (part), 1980: prior code § 90.6.16(e))

Any work found to be in violation of this chapter as of January 1, 1981 shall be determined to be nonconforming and shall be corrected in one of the following ways:

A. Upon the issuance of a building permit for a new dwelling or a permit which exceeds fifty percent of the living area of the dwelling, the sidewalk along the entire frontage shall be brought into conformance with the city engineer's standards for sidewalks; or

B. Upon the issuance of a permit to do work within the right-of-way adjacent to any public street, the sidewalk along that frontage shall be brought into conformance with the city engineer's standards for sidewalks as part of that permit.

(Ord. 369 § 1 (part), 1980 prior code § 90 6 16(f))