§ 91.053 ENCROACHMENT PERMITS.
   (A)   When required.
      (1)   Encroachment permits shall be required for any work performed upon the city’s rights-of-way that disturbs any roadway, sidewalk or any other portion of the right-of-way or requires a shut down of vehicular or pedestrian travel way for a period lasting longer than 24 hours or shut down requiring two or more consecutive days.
      (2)   Encroachment permits are not required for utility companies having franchise agreements with the city when performing emergency or routine maintenance; except that, notice of road closures and damage to the roadway and right-of-way features shall be provided by the utility company.
   (B)   Encroachment permit procedures. To formally request action on the required encroachment permit, the applicant shall file a completed application form and a site plan.
      (1)   Encroachment permit with subdivision application.
         (a)   Review. When an encroachment permit is required as part of work being performed as part of a subdivision development, the applicant may indicate all the required information for the encroachment permit on the improvement plan as required by the city’s Subdivision Regulations and shall submit an encroachment permit application. The encroachment permit number shall be provided on the improvement plans.
         (b)   Action. The city shall act within 30 days of submission in the following manner:
            1.   Approval. The city may approve the encroachment as submitted;
            2.   Conditional approval. The city may approve the encroachment conditionally and require amendment to the application before granting full approval; or
            3.   Disapproval. The city may disapprove the improvement plan and shall state in writing its reasons for disapproval.
      (2)   All other encroachment permits.
         (a)   Review. The city shall review encroachment permit applications for compliance with the guidelines and information as required by this subchapter.
         (b)   Action. The city shall act within 30 days of submission in the following manner:
            1.   Approval. The city may approve the encroachment as submitted;
            2.   Conditional approval. The city may approve the encroachment conditionally and require amendment to the application before granting full approval; or
            3.   Disapproval. The city may disapprove the encroachment plan and shall state in writing its reasons for disapproval.
   (C)   Contents of encroachment permit site plan. Required information shall be as follows (unless certain items are waived by the city):
      (1)   Title block showing name, owner, developer, plan and application preparer firm or company, with written and graphic scale generally describing the scope of work;
      (2)   Scale of plan shall be one inch equals 20 feet or other approved scale;
      (3)   North arrow;
      (4)   Numbers and/or names of all streets and highways which appear on the plan;
      (5)   Details of adjacent roadways, including entrances, and all existing median facilities, including cross-overs, openings, storage lanes, tapers within 300 feet of work area in both directions;
      (6)   Width of existing roadway pavements and shoulders;
      (7)   Distance from the edge of the pavement to the side ditch and the direction of flow of the ditch if ditched lined street;
      (8)   Distance from the centerline of the city street to the right-of-way line;
      (9)   Location of property lines along the right-of-way;
      (10)   Location of all utilities above and below ground line;
      (11)   The location of all signs, signals or other traffic-control devices existing along the right-of-way being disturbed;
      (12)   Traffic-control device plans, both temporary and permanent;
      (13)   Type of encroachment; and
      (14)   Limits of disturbance.
   (D)   Amendments to encroachment permits. Amendments to approved encroachment permits can be made only by the same procedures required for the original submission.
(Ord. 06-2012, passed 4-2-2012)