(A) Any person, firm, or corporation desiring to open, cut, bore into or under any street, alley, or other public way, paved or unpaved, or to obstruct the right-of-way for the express purpose of construction, vending, or other purpose restricting the intended use of the right-of-way within the limits of the city shall be required to obtain a specific permit for such purpose.
(B) All streets shall have right-of-way widths equal to or greater than the widths shown in the Bedford Comprehensive Master Plan and Table A1 of the Appendix. All new streets not specifically identified shall be classified as determined by the Planning Director, Street Commissioner, and/or the City Engineer using the definitions as set forth in the Bedford Comprehensive Master Plan.
(C) Encroachment permit authority. The Board of Public Works and Safety has the legal responsibility for the management of all city property. The proper use of the public rights-of-way are within the legal authority of the Board of Public Works and Safety. All encroachments shall be in accordance with this subchapter and subject to the authorization of the Board of Public Works and Safety. The Board of Public Works and Safety shall hereby grant the Street Commissioner the authority to approve encroachment permits, as an agent of the Board, on specifically designated local streets for normal and routine encroachment requests. The Street Commissioner shall have the right to appoint a deputy to perform the duties of encroachment permit administration subject to the approval of the Board of Public Works and Safety.
(D) Types of right-of-way encroachments. The following right-of-way encroachments shall specifically require an encroachment permit:
(1) Right-of-way cuts.
(a) The extension of services to a new development from existing city right-of-way;
(b) The extension of services to existing homes in the right-of-way;
(c) Upgrade of service to a single user within the right-of-way;
(d) Directional bores within the right-of-way.
(e) Parallel, diagonal, or perpendicular cuts through the existing pavement or the right-of-way.
(f) Installation of overhead services within the right-of-way.
(g) Emergency encroachments; and
(h) Trenching.
(2) Right-of-way blockage.
(a) Obstruction due to dumpsters, construction equipment, materials, or signage; and
(b) Any work to be done by the resident pertaining to drive approaches or sidewalk replacement.
(3) Curb cuts/new access into existing city right-of-way.
(a) New residential driveways;
(b) Upgrade of commercial or residential driveways; and
(c) Addition of auxiliary lanes to existing development in accordance with city standards.
(4) Special provision encroachments. Pavement resurfaced within 36 months of encroachment application.
(E) Encroachment application and permit procedures. All encroachment permit applications shall be in written form. Applications must be submitted to the Street Department prior to the encroachment being granted. The encroachment permit application shall be administered and reviewed by the Street Department and approved only after the required conditions of the permit have been established and all conditions are met to the satisfaction of the city. On all applications submitted there will be up to a five working day review period excluding applications requiring the Board of Public Works and Safety approval. No work will be allowed prior to approval. A penalty fee of $500 will be enforced by the city with a stop work order for unauthorized work performed before permits are approved. All permit work shall be performed Monday through Friday, during the hours of 9:00 a.m. to 3:30 p.m., unless pre-approved by the Street Commissioner. Permittees are responsible for reimbursement of any overtime incurred by the inspectors for any work done out of the normal business hours of Monday through Friday, 7:00 a.m. to 3:30 p.m. Possession of a properly endorsed encroachment permit by the city shall constitute permission to encroach upon the City of Bedford rights-of-way. The permit shall be available at all times, on site during the period of encroachment.
(1) Standard encroachment permit application. Standard encroachment permit applications must be obtained through the City of Bedford Clerk Treasurer office, 1102 16th Street, Bedford, IN, 47421. The permittee must submit the original encroachment permit application, a bond (division (F)) and a drawing of the proposed right-of-way encroachment to the Street Commissioner or his or her representative. Upon the receipt of the application, the permittee shall be notified after a review period of up to five working days of the approval or denial of the submitted application, excluding applications requiring the Board of Public Works and Safety approval. Permits shall be returned by mail only when the permittee provides the proper postage and envelopes.
(2) Emergency encroachment. If public safety is a concern after normal business hours, the city will allow the contractor to perform the necessary repairs, then the next working day obtain a standard encroachment permit. All applicable fees are due at the time the standard encroachment permit is issued.
(3) Additional permits. The permittee is responsible for obtaining all the necessary permits prior to the approval of the encroachment application; including, but not limited to the following:
(a) City of Bedford permits;
(b) Indiana Department of Transportation permits;
(c) Department of Natural Resource permits; Indiana Department of Environmental Management; and
(d) Federal permits through the Army Corps of Engineers.
(4) Notification of residents. The permittee shall be responsible for the proof of proper notification of all residents affected by the proposed encroachment, as determined by the city. A copy of the letters shall be provided to the Street Department to become part of the encroachment permit documentation.
(5) Traffic control. Traffic control shall be required for all encroachments that restrict the natural flow of traffic. All temporary traffic control measures shall conform to the latest addition of the Manual on Uniform Traffic Control Devices (MUTCD). Unless otherwise provided, the street shall be kept open to all traffic while undergoing improvements. Where so provided on maintenance of traffic plan, approved by the Street Commissioner, traffic may be bypassed over a detour route. The detour route markings shall be erected, maintained, and removed by the contractor. The portion of street being used by public traffic shall be kept in such conditions that such traffic will be adequately accommodated. Flashing type II barricades or drums in accordance with INDOT Specification 801.09, shall be placed at 100 foot intervals where drop-offs of greater than three inches are adjacent to the shoulder until the aggregate or earth wedge is placed. In areas allowing on-street parking, a distance of 50 feet to 25 feet may be required.
(6) Encroachment start procedures. The Street Department shall be notified a minimum of 48 hours prior to the start of any encroachment. In accordance with I.C. 8-l-26, an I.U.P.P.S. authorization number must be received a minimum of 48 hours prior to any encroachment in the right-of-way. Failure of 48-hour notification prior to the start of the encroachment shall result in a $100 fine. If the encroachment duration is more than five working days, written weekly updates shall be provided to the Street Commissioner and/or his representative and daily notification shall be required at the discretion of the Street Commissioner. A copy of the approved encroachment permit shall be required to be on site at all times.
(7) Permit life.
(a) Encroachment start dates shall be provided on the encroachment permit application. If encroachment does not commence within 45 working days of the permit approval date, the permit shall be considered void, and the encroachment application shall be resubmitted for approval consideration. All work must be completed within 60 working days of the application approval date. Exceptions shall be noted on the permit application and shall be authorized by the city only.
(b) Completion dates and times on all open cuts will be noted by city inspectors on-site at the time of final inspection of the permit (see division (E)(1)).
(8) Permit cancellation procedures. Cancellation of any scheduled inspections shall be made at least four hours prior to inspection. Failure of prior notice will result in a penalty fee of $100 per inspection.
(9) Temporary and permanent patches. Maintenance periods will begin with the final inspection date approved by the Street Commissioner and/or his representative. All open cuts in streets and alleys shall have permanent patches in place no later than 20 working days from the completion of work and approval date of the temporary patch inspection date. Temporary construction patches shall be maintained to the satisfaction of the Street Commissioner until permanent patches are complete. Bricks shall be replaced with original bricks removed from patches. Concrete and sod areas are to be restored to equal, if not better condition within the 20-working day completion period. All patches listed in this section shall be maintained and warranted by the permit application holder for a period of one year. Winter cut procedures will be determined by the Street Commissioner and/or his representative for each individual permit application. All temporary patch methods are to be determined by the Street Commissioner or his representative.
(10) Monthly reports. At the discretion of the Street Commissioner, the permittee may be required to submit monthly written reports of all permanent patches. The required reports shall include the permit number and location of each patch completed throughout the calendar month, as well as a proposed schedule for the following month of all proposed permanent patch construction. These monthly reports shall be submitted no later than the seventh calendar day of each month.
(11) INDOT encroachment permits. The city may request to review all Indiana Department of Transportation encroachment permits obtained for work within the Bedford corporate limits.
(12) Inspections. All encroachment permits defined in division (D) above shall be inspected by the city before, during, or after encroachments.
(F) Encroachment permit insurance and bonding. The permittee shall be required to submit proof of insurance for general liability. The Board of Public Works and Safety shall require the permittee to post a $10,000 bond in favor of the City of Bedford. Single family dwelling driveways and sidewalks as defined in division (D)(2) above shall be exempt from the bonding requirements. The minimum insurance requirement shall be $1,000,000 per occurrence, $300,000 per person, and $50,000 for legal.
(G) Encroachment details. All asphalt encroachments shall conform to Table Al and Table A2 of the Appendix upon the completion, unless instructed otherwise and approved by the city.
(H) Encroachment permit fees and public improvement responsibilities. A separate encroachment permit application shall be required for each individual right-of-way cut or encroachment. Each standard application in divisions (D)(1) and (3) shall require a minimum $100 fee to be paid upon the receipt of the approved encroachment permit. Encroachments as defined in division (D) above may require review of construction plans by the city.
(1) Special provision encroachment fees as stated in division (D)(4) above are as follows. These fees are in addition to the standard encroachment fees:
(a) Pavement resurfaced within 12 months of encroachment applications shall require a $500 fee. This fee is to be paid upon the receipt of the approved encroachment application.
(b) Pavement resurfaced within 24 months of encroachment application shall require a $300 fee. This fee is to be paid upon receipt of the approved encroachment application.
(c) Pavement resurfaced within 36 months of encroachment application shall require a $200 fee. This fee is to be paid upon receipt of the approved encroachment application.
(d) The City of Bedford holds all options to invoke special fees per the approval of the Board of Public Works and Safety when applicable for encroachments not covered within these standards.
(2) (a) Street cuts requiring authorization by the Board of Public Works and Safety, shall be a minimum one and one-half inch mill and overlay for the entire effected street surface for streets paved within three years of the encroachment permit application date as listed under division (D)(4).
(b) Open street cuts parallel, diagonal, or perpendicular to the travel lanes shall require a full pavement width mill and overlay. The required resurfaced area shall extend a minimum of 25 feet beyond each of the saw cut edges, as determined by the Street Commissioner and/or his representative. See Tables A3 and A4 in the Appendix.
(3) The Street Commissioner shall require the implementation of special methods of street cuts from November 1 through April 31 to ensure temporary street cut patches do not interfere with the normal operation of the Street Department or other city services.
(4) Removal of surface. As a general rule, the minimum size of all cuts shall be four feet by four feet, unless a lesser size is specifically allowed by the Street Commissioner. Twelve (12) feet round core drilling disconnect cuts can be allowed by a vacuum truck as needed. Where applicable, erosion control shall be addressed by the inspector prior to beginning work.
(Ord. 25-2021, passed 11-15-21)