(A) No person, firm or corporation shall make any opening or excavation in any street, alley, sidewalk or other public place or remove any pavement from any street or alley, except as herein provided until he or she has made application for a permit to do so nor until having received a written permit from the city Building Inspector's office for each cut to be made.
(B) The issuance of a permit under this section shall require payment of a fee to the city determined as follows: $4 per square foot of area excavated, with a maximum fee of $500, and a minimum fee of $50. If additional excavation is required after the permit is issued, there shall be an additional fee paid to the city in the sum of $4 per square foot of additional excavation. The foregoing permit fees include any required inspection by the Office of the Building Inspector during regular working hours. If an inspector should be required outside of normal working hours, the contractor shall reimburse the city for city's expenses incurred for overtime pay and benefits contributions.
(C) Applications for permits shall be filed with the city Building Inspector's office in such form as the Building Inspector shall provide.
(D) The Common Council hereby grants to the city Building Inspector the authority to enforce the provisions of this section as an agent of the city.
(E) Activities that shall require a right-of-way permit shall include but not be limited to the following:
(1) The extension of services to a new development in the existing right-of-way;
(2) The extension of services to existing homes in the right-of-way;
(3) The upgrade of service to single user within the right-of-way;
(4) Directional bores occurring within the right-of-way;
(5) Parallel, diagonal, or perpendicular cuts through the existing pavement of the right-of-way;
(6) The installation of overhead services within the right-of-way, excluding those that fall under the exemption provided for in § 97.15(B);
(7) Emergency excavations in the right-of-way performed under I.C. 8-1-26-19;
(8) Open trenching;
(9) The addition of auxiliary lanes (i.e. acceleration and deceleration lanes or any other traffic control devices) within the right-of-way;
(10) The installation or repair of driveways or sidewalks that require curb cuts.
(Ord. CO-88-15, passed 10-24-88; Am. Ord. 10-09A, passed 8-23-10) Penalty, see § 97.99