Standards for issuance opening or connection permit:
(A) The opening and restoration of a pavement, or other surface shall be performed under the direction and to the satisfaction of the authorized city official and in accordance with the rules, regulations and specifications of the city, including the City of Middletown Public Works and Assets Policy.
(B) The city shall require any person or entity requesting an encroachment permit, to post a performance bond prior to initiating any work in the city, by cash or certified check. The amount of the bond shall be that amount that the city determines would be sufficient to fully repair any damages to the right-of-way caused by the proposed encroachment, if the applicant fails in its responsibility to fully restore the right-of-way as set out herein and in the City of Middletown Public Works and Assets Policy. Upon successful completion of the project, the permittee shall request an inspection by the city and the bond shall be released if the city is satisfied that the restoration is complete.
(C) All work must be conducted in compliance with the City of Middletown Public Works and Assets Policy and shall not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking space and the means of egress to and from the property affected and adjacent properties. Excavations or openings shall be fully barricaded at all times to prevent injury to persons or animals. Excavation or openings obstructing any street, sidewalk or alley way shall be adequately lighted at night to prevent injuries.
(D) If the applicant or application proposes a new vehicular connection (or proposes an alteration of an existing vehicular connection), onto Middletown right-of-way, added scrutiny and findings must be part of the city's encroachment permit determination, including the following objective, measurable criteria:
(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, after review of the following criteria, city services or safety will be adversely affected by approval of the new or altered connection.
(3) Whether the connection would allow an area with higher traffic generation, or intensity of use, or which has a higher zoning classification, to connect through areas of lesser intensity traffic generation, or intensity of use, or lesser zoning classification.
(4) Whether the connection is through roadways which have many residential driveway cuts and the city finds that the connection would create an unreasonable amount of conflicting traffic interactions between through traffic and vehicles exiting and entering residential driveways.
(5) Whether the roadway connection is onto a roadway with inadequate pavement width; inadequate right-of-way for future improvements; no or few sidewalks; heavy on-street parking usage; deteriorating or failing pavement or road base; insufficient or damaged roadside drainage facilities.
(6) Whether the applicant is proposing adequate mitigation of any impacts.
(7) The city may require the applicant to study the traffic implication of the new or altered connection on the surrounding city intersections and roadways, as part of its application for a new or altered connection, as well as the feasibility of any possible mitigation of such impact. Any such traffic studies shall be at the sole cost of the applicant. The scope (or necessity) of any traffic study shall be established by the city at the time the application is filed.
(8) In the case of an applicant requesting that the city take over control over roadways that have been completed as part of a new development, or for some other reason, the applicant must also show that there are no obstructions in the right-of-way, ADA requirements for the roads and sidewalks have been met, that the condition of the roads, sidewalks and drainage is acceptable to the city and that there is no legal impediment to the transfer.
(9) 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.
(Ord. 07-09-20-A, passed 8-13-2020)