(A) Each permit for making an opening/encroachment shall be confined to a single project and shall be issued by the City Commission or other authorized city official.
(B) Application for either an opening or encroachment permit shall be made on a form prescribed by the City Commission, which at a minimum shall require giving the exact location of the proposed opening or encroachment, a plan showing in detail the work to be done, type of materials to be used, the kind of paving, the area and depth to be excavated, and other facts required by the city for a full understanding of the proposal, including (if deemed necessary by the City Commission) a traffic study and analysis. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
(C) An encroachment permit shall not be issued until the City Commission makes a written determination that the connection will not adversely impact the health and safety of the city, which analysis includes, but is not limited to, consideration of:
(1) The extent to which the connection will allow cut through traffic to flow through city rights-of-way;
(2) Whether the parcel benefitted by the connection has other, reasonable vehicular access through another access point;
(3) If the impact on the community by making the connection outweighs the applicant’s need for the use;
(4) Whether the applicant will be adversely affected by denial of the encroachment permit;
(5) Whether the abutting property owners with be adversely affected by the approval of the encroachment permit;
(6) The cost (if any) to the city in allowing the encroachment;
(7) Whether or not the encroachment is for a normal connection of a residence;
(8) Whether or not the granting of the encroachment would set precedence for other applications, from property similarly situated; and
(9) Whether the applicant has fully studied (to the satisfaction of the City Commission) the traffic implication of the encroachment on the surrounding city intersections and roadways, as part of its encroachment application.
(Ord. 3-2010, passed - -)