(A) Any person, firm or corporation now owning, operating or hereafter installing and operating any utility within the right-of-way of any street or easement in the city, or any person, firm or corporation doing any repair in any street right-of-way or easement shall do so only in accordance with the terms and condition of this subchapter.
(B) (1) Any and all work in a right-of-way that is not included in the limits of and otherwise permitted construction project shall require a right-of-way (ROW) permit from the city’s Building and Safety Department. A project that requires and does not have a ROW permit shall be subject to a stop work order.
(2) A reinstatement fee of $400 shall be incurred by the person, corporation, firm, owner or operator performing and or responsible for the right-of-way/easement work being done in defiance of any stop work order issued. The fee incurred must be satisfied prior to any ROW permit being issued. No permit will be required for normal maintenance activities not requiring excavation in the right-of-way or easement, or blocking of traffic.
(3) For new construction, a utility shall submit two sets of project construction plans at the time of filing an application for a permit. Plans will not be required for routine maintenance and service installation.
(4) The construction plans will be promptly reviewed, and a permit will be issued within three working days after submitting the plans, or written comments submitted for revision of the plans to be made by the utility. Revisions will be limited to those areas affecting city facilities and/or traffic or pedestrian flow and protection. The utility will be responsible for the engineering and design of its project and the integration of its maintenance and construction responsibilities.
(5) No permit shall be issued until the permittee has presented a utility location request number as assigned by the local utility locating service which meets the required 72 hours’ notification requirement, except for in cases of emergencies as defined in § 154.02 of this code.
(6) In order to expedite the issuance of a permit, a permit may be issued with conditions and work hours initialed on the face of the permit in lieu of requiring revisions in the plans. Upon issuance of the permit, one set of project plans shall be marked approved and returned to the utility service.
(7) For all work conducted in the right-of-way or easement belonging to the state, the permittee shall meet all state’s Department of Transportation (INDOT) permitting requirements prior to the issuance of a ROW permit from the city. Proof of state approval must be submitted with any pertinent city ROW permit application.
(8) For any work conducted in any federal right-of-way or easement, the permittee shall meet all federal guidelines and permitting requirements prior to the issuance of a ROW permit from the city. Proof of approval from the administrator of any federal land, right-of-way and/or easement must be submitted with any pertinent city ROW permit application.
(Ord. 2020-OR-11, passed 7-6-2020)