(A) Permit required. No person shall, without first obtaining an encroachment permit from the City of Hurstbourne as provided herein, begin to construct, reconstruct, repair, cut, excavate, alter, connect, or attach onto, any public streets, sidewalks, or right-of-way of the city. A public utility may conduct emergency excavations or cuts without first applying for a permit, but must apply for an encroachment permit within 48 hours of the commencement of said work.
(B) Form of application. The city shall provide forms containing the information required for application for an encroachment permit and such other information deemed necessary in the administration of this section, providing, however, that a utility company may devise its own form, if the form contains all of the information called for in the city form. The application may be mailed or delivered to the city, or sent by facsimile and shall contain at a minimum:
(1) Name, address and telephone number of the entity for whose benefit the work is proposed.
(2) Name, address and telephone number of the person who is doing the actual work.
(3) Description of the proposed work, including construction detail, location, when the work will begin and projected to be completed.
(4) Any traffic impact studies and data required by the city.
(C) Standards. The determination as to whether to approve an encroachment permit for a cut or excavation shall be based upon whether the applicant has demonstrated to the satisfaction of the city that it will comply with the construction standards contained in this chapter and has posted good and sufficient security for said work. However, if the applicant or application proposes a new vehicular connection to city streets, added scrutiny and findings must be part of the city determination, including, but not limited to, the following considerations:
(1) Whether the parcel(s) benefitted by the connection has other, reasonable vehicular access through other access points and the extent to which the applicant would be adversely affected by denial of the encroachment permit.
(2) Whether city services and safety will be adversely affected by the approval of the encroachment permit. This includes the technical engineering and construction details of the physical connection itself. This also includes a review of the burden, impact or benefit on city traffic patterns by the proposed connection. The city may require the applicant to study the traffic implication of the encroachment on the surrounding city intersections and roadways, as part of its encroachment application, and the feasibility of any possible mitigation of such impact. Any such traffic studies shall be at the sole cost of the applicant. The scope of such study shall be established by the city at the time the application is filed.
(3) The cost (if any) to the city in allowing the connection and encroachment. This includes the cost of the physical connection and the cost of increased maintenance to city roadways by any increase in traffic related to the connection.
(4) The city may waive any of the application and approval standards, if, in the city's sole determination, the vehicular connection constitutes a minor and inconsequential connection to the city's public roadway system.
(D) Determination. The determination as to whether an encroachment permit for either an encroachment or for a new vehicular connection to city streets shall be made as follows:
(1) Applicant shall submit its application to the City Administrative Officer (CAO), who shall determine whether the application is complete. If it is not complete, the CAO shall return the application to the applicant with instructions as to how to resubmit.
(2) Once a complete application has been submitted, the CAO, the City Engineer and the Public Works Commissioner shall review the application. For minor excavations or connections, the Public Works Commissioner, with the review and concurrence of the CAO and City Engineer, shall make a determination whether the application should be approved or denied. For larger and more consequential encroachments or connections, the CAO and the Public Works Commissioner shall refer the application for the determination of the City Commission. Approval or denial shall be evidenced by a written determination with specific findings of fact supporting the approval or denial.
(3) Any applicant who has been denied an encroachment permit may appeal that denial to the City Commission. Such appeal must be in writing and delivered to the CAO no later than 30 days from the date of denial. Once received, the applicant will be informed in writing of the date and time of the appeal and the applicant shall be allowed to present evidence to the City Commission in support of its appeal. The City Commission shall issue a final written ruling on said appeal containing findings of fact.
(Ord. 11-02, passed 2-22-11; Am. Ord. 16-08, passed 10-11-16)