(A)   Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section.
      EXCAVATE. Activity as defined in I.C. § 8-1-26-6, as may be amended from time to time.
      EXCAVATOR. An individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state that is performing an excavation.
      RIGHT-OF-WAY PERMIT. The permit issued by the city to an excavator, at the discretion of the city, after the application and posting of a bond, pursuant to the terms of this chapter.
   (B)   Any person, business entity, public utility, or private utility wishing to excavate any portion of any street, sidewalk, curb or public place, or to excavate beneath said surface for the construction, alteration or repair of any driveway, sewer, sidewalk, or water line or other buried facility, or for the installation of any such work, shall obtain a right-of-way permit from the city and post a bond pursuant to the terms herein, prior to beginning any such work.
   (C)   All excavators shall provide the following information before the city will issue a right-of-way permit:
      (1)   Proof of registration with the State of Indiana to do business in Indiana (if applicable);
      (2)   Proof of insurance;
      (3)   Proof of IURC Pipeline Safety Division training or 811 excavation training for the excavator, and its executives, managers, and crews;
      (4)   Internal safety plan; and
      (5)   The communication service provider, broadband provider, public utility or private utility for whom excavator is performing the excavation.
   (D)   Applicants must pay a right-of-way permit fee in the amount of $50 to the Engineering Department prior to the issuance of said permit.
   (E)   A right-of-way permit covers only a single excavation.
   (F)   The city reserves the right to actively monitor and inspect excavation activities covered by the right-of-way permit. Such inspection may include, but is not limited to: spot inspections, regular documentation review, random verification with vacuum excavation of projects, and all such other investigations as are appropriate for the excavation.
(Ord. 041890, passed 4-18-90; Am. Ord. 091514A, passed 112-17-14; Am. Ord. 052118D, passed 6-18-18; Am. Ord. 091619, passed 9-16-19)