(A) Public and municipal utilities. For public or municipal utilities, as defined in I.C. 8-1-2-1, who have received a certification from the town pursuant to division (E) below, notice of intent to excavate or construct in the public right-of-way shall be given two business days prior to such excavation or construction except in the case of an emergency. In the case of an emergency, such utility shall attempt to notify the office of the Town Manager of the excavation or construction prior to its initiation, and, within two business days after such construction or excavation, shall give the notification required herein. Payment of all fees required by this subchapter, if such utility is required to pay a fee, shall occur not later than five business days of the date of the notice given by the utility unless such utility has been granted a longer period to make such payment by the Town Council.
(B) Person other than public or municipal utilities.
(1) Any person, firm or corporation who is not a public or municipal utility or acting for such utility, or any public or municipal utility not certified pursuant to division (E) below, must request permission from the Town Council to cut, disturb, make any opening in, tunnel under or place private facilities in a public right-of-way.
(2) Such request shall be made by tendering the following:
(a) Submission of an application on forms supplied by the town;
(b) Payment of the application fee;
(c) Payment of a $100 contract preparation fee;
(d) Payment of the encroachment fee (non-utilities only);
(e) Written waiver of objection by all public or municipally owned utilities then occupying, or who have the right to occupy, the right-of-way if the proposed work may interfere with existing or future utility facilities (non-utilities only); and
(f) Agreement to register with, and pay the required fee to, the Indiana Underground Plant Protection Service regarding the proposed encroachment if it is underground.
(C) Bonding. Upon granting a petition filed under division (B) above for a permit to cut, disturb, make an opening in, tunnel under or place private facilities in a public right-of-way, or upon application by a regulated or municipal utility for permission to post bond in lieu of payment of fees, the applicant shall purchase and tender the necessary bond as may be required by the town or this subchapter. Non-utilities shall also execute a contract with the town relating to the use of the public way by such applicant.
(D) Construction standards. Any person, firm or corporation who cuts, disturbs, makes an opening in, tunnels under or places any facilities, public or private, in a public right-of-way, shall conform to those reasonable construction standards applicable to public rights-of-way as may be adopted by the Town Council.
(E) Utility certification. Any public or municipal utility may apply to the town for a certification waiving the fees set out herein and providing that such utility may post a bond or an irrevocable letter of credit, on an annual basis, securing the duty of the utility to restore any public right-of-way which it may have disturbed under its statutory right to use the way. Granting any application by a public or municipal utility to post bond in lieu of payment of fees, as contemplated by the certification procedure, shall be discretionary with the Town Council, is a privilege and not a right, and shall be based on the record of past performance of the applicant utility in repairing town rights-of-way.
(Ord. 2005-15, passed 10-12-2005)