(A) Any person, firm, or corporation desiring to open, cut, bore into or under any street, alley, or other public way or right-of-way, paved or unpaved, shall be required to obtain a specific permit for such purpose.
(B) The Department of Engineering, Traffic, and Inspection Services shall have the responsibility for the management of all city rights-of-way. Determinations regarding the proper use of the public rights-of-way shall be at the discretion of the Department of Engineering, Traffic, and Inspection Services. The Common Council shall hereby grant the City Engineer the authority to enforce the provisions of this section as an agent of the city.
(C) 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 IC 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; and
(10) The installation or repair of driveways or sidewalks that require curb cuts.
(D) Excavation of brick streets, alleys, sidewalks or any other decorative surface within the right-of-way shall require an additional permitting fee to be established by the Board of Works and Safety upon recommendation by the City Engineer.
(E) Permit applications may require review of construction plans by the Department of Engineering, Traffic, and Inspection Services.
(Ord. 6567, passed 12-8-08 Penalty, see § 97.99