§ 151.77  PROCESS.
   (A)   The applicant is responsible for reviewing this process to see if an encroachment will be permitted. Contact Public Works at 828-692-7568 for questions regarding eligibility. The application review will not begin until a completed application is received.
   (B)   The applicant shall submit to the town an application, all supplemental documents and fee. The application will consist of:
      (1)   Three encroachment agreements (including notary) signed by the applicant.
      (2)   The applicant shall supply the town with a certificate of insurance for review with the town designated as an additional named insured. An exception may be granted for residential utility connections installed by single-family detached homeowners. See below for details on requirements for insurance. Applicant is responsible for renewal of the certificate of insurance as necessary for the life of the encroachment.
      (3)   For major encroachments. Scaled drawings (prepared at 1" = 20', 30' or 40') showing detailed plan and elevation drawings of the existing conditions and the proposed encroaching item including: R/W lines, signs, trees, curb, gutter, sidewalk, poles, pavement edges, utilities, and vicinity map must be submitted via online review.
      (4)   For any encroachment for which a building permit is required, the applicant shall supply the town with a completed building permit application.
      (5)   For minor encroachments. Scaled sketch or plans of proposed encroachment.
      (6)   For residential utility connections. Scaled sketch or plans of proposed encroachment.
      (7)   Detail or specification of the item(s) to be placed within the right-of-way.
      (8)   Narrative detailing the installation procedure and plan notes as necessary.
      (9)   A check made to the town for the application fee in the amount set forth from time to time in the town's fee schedule. Once submitted, fee is non-refundable.
   (C)   The applications for major, minor and wireless telecommunication encroachments are reviewed by the Town Council which shall include information from the Engineering, Planning and Public Works departments.
   (D)   The application for residential utility connections is reviewed by the Engineering, Planning, and Public Works departments.
   (E)   The town will return comments, if any, to the applicant within 45 days of the town's receipt of a complete application package as described herein above. The applicant shall address any issues which must be resolved prior to re-submittal.
   (F)   Any decision by the Town Council or staff denying an encroachment application may be appealed to the Board of Adjustments.
   (G)   An original encroachment agreement signed by the town will be issued once the application is approved. Applicant, at its sole cost, shall be responsible for the recording of the completed, original encroachment agreement at the Henderson County Register of Deeds.
   (H)   A recorded encroachment agreement is not required for residential utility connections.
   (I)   Prior to starting construction, the applicant shall deliver an approved building permit to the town, and the town must be notified a minimum of 48 hours in advance of any construction. The applicant is responsible to document, with photos, the existing infrastructure prior to construction. If the applicant fails to report to the town, the applicant may be held responsible for pre-existing damage at or adjacent to the work site.
   (J)   The applicant shall arrange an inspection with the town immediately after completion of the work. Please contact Public Works at 828-692-7568 to arrange an inspection. The applicant shall restore all public property and improvements back to the condition that existed prior to the work. The applicant shall indemnify, defend and hold the town harmless for any and all costs and damages arising from the applicant's work.
   (K)   The applicant, upon completion of the encroachments requiring construction drawings, shall submit to the town as-built drawings of the encroachment showing the precise location of the encroachment, and in the case of encroachments for transmission devices, the drawing shall show all the locations of other utilities in the right-of-way.
(Ord. passed 12-15-2020; Ord. passed 9-21-2021)