10-20-415 Application - Insurance - Notice - Appeal.
(a) Application in writing for a use of public way permit for a driveway shall be made to the commissioner on forms prescribed by the commissioner, and shall contain the name and address of the owner or leaseholder making the application, the use of the property with which the proposed driveway is to be connected, including a description of the type of business activity to be performed on the property, and whether in the building thereof it will be necessary to cut down or alter the street curb or elevate or depress the existing grade of sidewalks or parkways, and a sketch showing the proposed location and dimensions of such driveway, the location of adjacent streets and alleys and any other driveways connected with the property. An application shall be approved and a permit issued only upon a determination of the commissioner, upon consultation with the following departments, that the driveway will not (1) create undue safety hazards in the use of the street, parkway or sidewalk by vehicular or pedestrian traffic, nor (2) impede the safe and efficient flow of traffic upon the streets and sidewalks adjoining the property for which the driveway is proposed, and upon his or her determination that the existing and proposed use of the property to be connected by said driveway is in all respects in conformity with existing traffic, zoning and building ordinances. The commissioner shall refer applications (1) to the zoning administrator for review and advice as to the zoning and building aspects incident to such determination, and (2) to the commissioner of water management for review and advice as to the drainage structure, manhole and sewer aspects, and hydrant and water control valve aspects incident to such determination. In the event that the construction of the driveway will require the city to incur costs in making modifications to, over, or under the public way, the applicant shall be provided with an estimate of such costs and no use of public way permit for a driveway shall be issued until the applicant has first paid to the city the amount of the estimate. In the event that the city's cost to make such modifications is less than the estimate, the amount of the surplus shall be returned to the permittee. In the event that the city's cost to make such modifications is greater than the estimate, the commissioner is authorized to assess the permittee for the amount of the deficiency.
(b) Plans and specifications of such driveway, in accordance with standard specifications established by the commissioner, shall be submitted to the commissioner and shall be accompanied by proof of commercial general liability insurance against any liability, loss or claim arising out of the issuance of the permit, or out of the permitted disturbance of the public way or part thereof. Such insurance shall be issued by an insurer authorized to insure in Illinois, shall name the City of Chicago, its officers, employees and agents as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and shall be in an amount no less than $250,000.00 per occurrence for bodily injury, personal injury and property damage for a Class A use of public way permit (as defined in Section 10-20-420), and in an amount no less than $1,000,000.00 per occurrence bodily injury, personal injury and property damage for a Class B use of public way permit (as defined in Section 10-20-420). The insurance policy shall be kept in force throughout the life of said permit, and if at any time during the life of said permit said insurance shall not be in full force, then the authority and privileges herein granted shall thereupon cease. With respect to a Class B use of public way permit (as defined in Section 10-20-420), the insurance policy shall provide for written notice to the commissioner within 30 days of any lapse, cancellation or change in coverage. In lieu of the insurance requirements stated above, and apart from and separate from any insurance requirement under this section, the commissioner in his or her discretion may require, instead of such insurance, any alternative form of indemnity, protection or security that the commissioner deems necessary to accomplish the above-described purposes.
(c) In addition to the requirements stated above, and apart from and separate from any insurance requirement under this section, every application for a use of public way permit for a driveway shall provide that, as a condition for receiving the permit, the applicant shall indemnify, defend, and hold harmless the city against all liabilities, judgments, costs, damages and expenses which may in any way come against said city in consequence of the granting of said permit, or which may accrue against, be charged to or recovered from said city from, or by reason, or on account of any act or thing done by the grantee by virtue of the authority given in said permit, or by reason or on account of any defect in the construction or design of said driveway or by reason or on account of the failure to maintain said driveway in good condition and repair and free and clear of snow, ice or obstruction of any kind.
(d) Prior to issuing a use of public way permit for a driveway, the commissioner shall give 20 days written notice of the proposed issuance of the permit to the alderman of the ward in which the proposed driveway is to be located, and provide the alderman an opportunity to submit to the commissioner written objections or concerns regarding traffic, public safety, or other pertinent areas of potential impact. The commissioner shall keep such written objections or concerns, and any departmental action taken thereto on file with the application. No permit shall be valid unless such notice is delivered; provided, however, that the affidavit of the commissioner showing delivery of such notice to such alderman in person or by mailing to such address as the alderman may have filed with the city clerk, shall be conclusive evidence of delivery of such notice.
If the commissioner shall refuse to grant a driveway permit, the applicant may appeal to the mayor. Such appeal shall be made within 20 days after the commissioner sends written notice of such refusal to the applicant. Upon written notice by the applicant, the commissioner shall transmit to the mayor the application and all other relevant papers and data. The mayor may then approve the application and issue such permit only if he makes the determination hereinbefore provided for the issuance of such driveway permit. A final administrative decision of the mayor hereunder shall be subject to judicial review as provided by law.
(e) The commissioner is hereby authorized and directed to refuse applications for driveway permits in all cases where frontage consents are required until such time as proof is made of the filing of said frontage consents with the zoning administrator.
(Prior code § 33-17; Amend Coun. J. 9-13-89, p. 4604; 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 30; Amend Coun. J. 6-9-99, p. 5453; Amend Coun. J. 12-4-02, p. 99026, § 1.10; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 1, § 7; Amend Coun. J. 6-30-10, p. 95412, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 32; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 32; Amend Coun. J. 4-10-19, p. 98813, § 1)
