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Lawrence Overview
Lawrence, IN Code of Ordinances
LAWRENCE, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE 1. GOVERNMENTAL STRUCTURE AND ADMINISTRATION
TITLE 2. PLANNING AND DEVELOPMENT
TITLE 3. PUBLIC HEALTH AND SAFETY
TITLE 4. BUSINESS AND COMMERCE
TITLE 5. PUBLIC WORKS AND FACILITIES
ARTICLE 1. SEWER UTILITIES
ARTICLE 2. PUBLIC WAYS AND WASTE DISPOSAL
CHAPTER 1. PUBLIC RIGHT-OF-WAY
CHAPTER 2. STREET AND SIDEWALK CONSTRUCTION
CHAPTER 3. GARBAGE AND TRASH COLLECTION
CHAPTER 4. SOLID WASTE DISPOSAL FACILITIES
CHAPTER 5. SANITARY SEWER CONSTRUCTION
CHAPTER 6. STORM WATER MANAGEMENT AND SEDIMENT CONTROL
CHAPTER 7. ILLICIT DISCHARGE DETECTION AND ELIMINATION
ARTICLE 3. WATER UTILITIES
ARTICLE 4. CONSTRUCTION WORK ON PUBLIC WORKS PROJECTS
TITLE 6. PARKS AND RECREATION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 5-2-1-4. OBSTRUCTION OF PUBLIC WAYS PROHIBITED.
   It shall be unlawful to block or otherwise cause, create or maintain any obstruction of any street, alley, sidewalk or other public way within the City, except as may be specified by this code or by order of the Street Commissioner, City Engineer or Chief of Police.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-5. CONTRACTOR REGISTRATION.
   Any person, firm or corporation planning to do work under this chapter shall be registered in accordance with § 2-1-4-1 .
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-6. BONDING.
   (A)   No street cut or right-of-way use permit shall be issued until a satisfactory maintenance bond is filed with the City.
   (B)   Either a three year maintenance bond in the sum of $10,000 for a specific location or a three year blanket maintenance bond in the sum of no less than $100,000 for all locations per calendar year, shall be required to work in right-of-way. The City Engineer may require the bond amount be increased upon review of the application.
   (C)   Bond shall name the "City of Lawrence" as the beneficiary or obligee.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-7. APPLICATION FOR RIGHT-OF-WAY PERMIT.
   (A)   The application for a right-of-way excavation permit shall be submitted to and approved by the City Engineer on forms approved by the Board and, at a minimum, include the following:
      (1)   A properly executed permit application, in the form designated by the Engineer, including but not limited to the following information:
         (a)   The name and address of the contractor responsible for the work;
         (b)   The nature of, and the reason for, the work to be performed;
         (c)   The location of the worksite and the dimensions of the excavation, including a map and specifications which shall show the existing conditions; the proposed location with reference to the grade lines; the surface of the street(s); the dimensions and material of the conduit, pipeline(s), electrical wiring, or other devices; and the manholes, appliances and connections to be used therewith;
         (d)   The anticipated length of time to complete the work;
         (e)   The method of traffic control to be used by the applicant at the worksite;
         (f)   Any other pertinent information requested by the City Civil Engineer.
         (g)   A maintenance bond as identified in § 5-2-1-6; and
   (B)   All these plans and specifications shall be furnished by and at the expense of the applicant.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-8. KINDS AND CATEGORIES OF PERMITS.
   (A)   Right-of-way use permit (with no excavations). This class of permit is required whenever there are activities performed in the paved or unpaved areas within the public right-of-way, and does not include any excavations. This permit is also required for trenchless or boring work within the right-of-way. If any portion of a travel lane or sidewalk is even partially blocked, a right-of-way use permit shall be obtained and a 24-hour emergency phone number and permit number shall be posted in clear view at the job site at all times.
   (B)   Excavation permit. This class of permit is required whenever excavation is being made in the paved or unpaved areas of the public right-of-way. For paved areas, this permit includes the use of the lane in which excavation is located. For unpaved areas, this permit includes the use of the lane adjacent to the excavation.
      (1)   To the fullest extent reasonably possible without impeding the restoration of needed utility services or when a clear and present danger to public safety is demonstrated, the City Engineer may restrict excavation in streets that have been constructed or resurfaced within two years prior to the permit application date.
   (C)   Annual utility permit. This class of permit allows cable operators and utilities to maintain existing infrastructure within the public right-of-way. This permit shall also allow utilities to perform emergency repair work, the duration of which is less than four hours. This permit shall extend to contractors employed by the cable operator or utility as long as the contractors are carrying documentation (in the form of a letter on the cable operator's or utility's letterhead stating the nature and duration of the work being performed on behalf of the cable operator or utility) of the employment. However, if the work impedes traffic flow, written notification must be made to the City Engineer.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-9. DRIVEWAYS AND APPROACHES.
   (A)   No person, firm, corporation or developer shall construct any entrance, driveway or approach connecting with any public roadway, nor shall any curb along the roadway be cut or removed without an approved right-of-way permit in accordance with the regulations and requirements contained in this chapter. This permit must be obtained before a building permit will be issued.
   (B)   All work shall be performed in accordance with, and conform to, the City of Lawrence standards or as directed by the City Engineer.
   (C)   Two entrances may be permitted with a minimum of 300 feet frontage, based on anticipated traffic generation provided the distance from any driveway approach to an adjacent property line or alley way is a minimum of ten feet. Minimum distance between driveways shall be 40 feet.
   (D)   Divided entrance may be required for major traffic generators. The responsible authority(ies) reserves the right to permit or require a divided entrance based on the parking capacity of the establishment and the effect on the traffic service of the adjacent highway. Driveways shall be operated in a one-way pattern. Additionally, the length of the median and barrier curb along the right edge of the entrance should be of sufficient length to preclude the internal conflicts within the parking lot causing interference with traffic on the roadway.
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-10. PERMIT FEES.
   (A)   Right-of-way use permit - The permit fee shall be $125.00 per block.
   (B)   Excavation permits - The permit fee shall be $200.00 per block.
   (C)   Emergency same day permit - The permit fee shall be 1.5 times the applicable permit.
   (D)   Annual utility permit - The permit fee shall be $5,000.00 per utility provider per year.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 5-2-1-11. PERMIT ISSUANCE PROCEDURES.
   (A)   Issuance. Upon receipt of a completed application pursuant to this chapter, approval of the worksite and payment of permit fees as specified, the City Engineer may issue a permit to the applicant. The City Engineer may issue an emergency permit (by authorizing the work to proceed and assignment of a permit number) prior to receipt of the application and other required documentation, provided the application is submitted on the following business day.
   (B)   Duration. In general, the permit shall be valid for a 60 calendar-day period unless specified otherwise on the permit, beginning on the day of issuance. Upon a permit holder's justified request, the permit may be extended for an additional 60 calendar-day period or until final restoration has been achieved.
   (C)   Activation. Permit work once approved shall commence within three working days. If for any reason the permit holder determines he or she will be unable to perform work as scheduled, the permit holder shall immediately notify the City Engineer.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3
§ 5-2-1-12. INDEMNIFICATION.
   Except as otherwise excluded by contract or franchise agreement with the City of Lawrence, the applicant for a permit shall sign an indemnification agreement to indemnify and hold harmless the City Engineer, the Board of Public Works and Safety and the City of Lawrence from and against all claims, actions, damages and expenses, including reasonable attorney's fees, based on any alleged injury (including death) to any person or damage to any property arising, or alleged to have arisen, out of any act of commission or omission with respect to the activity or work of the applicant (or persons, corporations or firms authorized by the applicant) in a public right-of-way pursuant to the permit. The form of the indemnification agreement shall be acceptable to the City Engineer.
(Ord. 15, 2020, passed 12-7-2020)
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