It is unlawful for any person, unless specifically exempted by this chapter, to injure or damage any features or perform work within the public right of way or other public place or maintain any structure, object or major landscaping without first obtaining a right of way encroachment permit from the city clerk. Activities requiring permits include, but are not limited to: grading and drainage required for approaches; trenching and backfilling required for buried utilities; modifications, repairs and maintenance of existing facilities; major landscaping, including, but not limited to, the planting, cutting, removal or trimming of trees; erecting fences, or other fixed objects; constructing curbs, sidewalks, drives and drainage structures; constructing detours and/or closing streets. Before issuing such permit, the city shall require the following:
A. Permit Form: For each project or segment thereof, a completed right of way encroachment permit application form.
B. Plans And Details: Three (3) copies of plans and details illustrating all natural and manmade features, the work to be performed, all utility locations, the limits of work, the area of any required pavement replacement, the areas requiring surface restoration and the traffic control measures that may be required, all within the public right of way or other public place. Plans shall be accurately reproduced to a standard scale.
C. Specifications: Three (3) copies of written specifications for each item of work to be performed within the public right of way or other public place. Specifications shall include methods of construction, installation and erection, and shall include performance criteria along with standards for acceptance/rejection. Items of particular importance are grading, trench excavation and backfill, utility installation, surface restoration, drainage facilities, pavement replacement and testing, and traffic control as may be applicable to the permit.
D. Additional Information As Required: Additional information as may be required by the city or by an authorized representative of the city.
E. As Constructed Conditions: As constructed conditions illustrating the following measurements shall be marked on the plans in red and submitted to the city within two (2) business days following completion of the work:
1. Horizontal measurements and/or coordinates;
a. Preexisting utility locations.
b. New utility locations, including, for buried installations, the point of intersection with the right of way line and the points of connection to the preexisting utility and to the building or to the front building line as extended.
c. New surface restoration and pavement replacement locations.
d. Locations of all new aboveground appurtenances and fixed objects of every character.
2. Vertical measurements and/or elevations;
a. Preexisting buried utilities.
b. New buried utilities at the point of intersection with the right of way line and at the points of connection to the preexisting utility and to the building or to the front building line as extended.
c. The base and top of new aboveground appurtenances and fixed objects.
F. Emergencies: In the case of an emergency requiring physical change or damage to features or work to be performed within the public right of way or other public place, an application for a right of way encroachment permit shall be made on the next business day following the beginning of construction.
G. State Of Idaho Or Lakes Highway District Jurisdiction: No work within the right of way of roads and highways under the jurisdiction of either the state of Idaho or the Lakes highway district shall be performed without first obtaining a permit from the respective entity having jurisdiction.
H. Sewer Connections: If the permit application is for a sewer connection, the applicant shall obtain a plumbing permit from the state of Idaho and a permit from the Hayden Lake recreational water and sewer district and shall attach copies of the same to the right of way encroachment permit.
I. Review And Approval By Authorized Representative: The city may request review and approval of the permit application by the city engineer before issuing the permit.
J. Inspection: All work performed under permit shall be subject to inspection by the city engineer or the city code enforcement officer. Specific items requiring inspection shall be indicated on the application form. The permittee shall bear the cost of all such inspections, excluding visits to the work site upon completion as described in section 7-4-19 of this chapter. (Ord. 232, 9-21-2009)