§ 94.02  AUTHORITY.
   (A)   The Board of Public Works and Safety has the legal responsibility for the management of all city property. The proper use of the public right-of-way is within the legal authority of the Board of Public Works and Safety. All encroachments shall be in accordance with this chapter and subject to the authorization of the Board of Public Works and Safety. The Board of Public Works and Safety shall designate a city department (hereafter Designated Department) the authority to approve encroachment permits, as an agent of the Board, on local streets for routine encroachment requests. The Designated Department shall have the right to appoint a deputy to perform the duties of encroachment permit administration subject to the approval of the Board of Public Works and Safety.
   (B)   Any person, firm, or corporation desiring to open, cut, bore into or under any street, alley, or other public way, paved or unpaved, or to obstruct the right-of-way for the express purpose of construction, vending, or other purpose restricting the intended use of the right-of-way within the limits of the city shall be required to obtain a specific permit for such purpose. All streets shall have right-of-way widths equal to or greater than the widths shown in the Noblesville Construction Standards found in the Unified Development Ordinance Appendix F and the Noblesville Thoroughfare Plan included in the city Comprehensive Master Plan. All new streets not specifically identified shall be classified as determined by the City Engineer, Planning Director, and/or Street Commissioner using the classification set forth in the Noblesville Construction Standards and Noblesville Thoroughfare Plan.
(Ord. 36-08-12, passed 9-11-12)