§ 94.03  TYPES OF ENCROACHMENTS AND APPROVAL REQUIREMENTS.
   (A)   Construction encroachments.
      (1)   The following right-of-way encroachments shall require an encroachment permit to be approved by the Board of Public Works and Safety.
         (a)   Addition of auxiliary lanes to existing development.
         (b)   Street cut requests on any primary or secondary arterial street as determined by the Noblesville Thoroughfare Plan located in the city Comprehensive Master Plan.
         (c)   The off-site extension of services to a new development from existing city right-of-way.
         (d)   Any proposed encroachment within the Central Business District defined by the area between Clinton Street south to Maple Street, and 10th street west to the White River. Temporary obstructions and encroachments in the Central Business District equal to or less than a total of eight hours in any 24 hour period shall be exempt from the permit requirements subject to the following conditions:
            1.   Work must be associated with the repair and maintenance of signs, building, lighting, or other structures within the district;
            2.   A continuous, safe, accessible pedestrian way must be maintained at a minimum width of 40 inches, and must continue through the entire work zone; and
            3.   Exempt encroachments shall not be consecutive or continuous, and any additional or subsequent encroachments within a 48 hour period shall require a permit.
         (e)   Special provision encroachments. Permits for these encroachments are subject to additional regulations.
            1.   Pavement surfaced up to 36 months prior to the encroachment application.
            2.   Brick streets, alleys, sidewalks, or any other brick surface within the right-of-way of the city.
      (2)   The following right-of-way encroachments shall require an encroachment permit to be submitted to the Designated Department. The Designated Department may review and approve the requested encroachment permit unless they determine the requested encroachment is an unusual circumstance requiring Board of Public Works and Safety approval.
         (a)   The extension of services to a new development from existing city right-of-way.
         (b)   The extension of services to existing homes from city right-of-way.
         (c)   New utility connections accessed within the right-of-way.
         (d)   Upgrade of service to a single user from city right-of-way.
         (e)   Directional bores within the right-of-way.
         (f)   Parallel, diagonal, or perpendicular cuts through the existing pavement or the right-of-way.
         (g)   Installation of overhead services within the right-of-way.
         (h)   Open trenching.
         (i)   Emergency encroachments for utilities relating to an event where public safety is a concern.
         (j)   Boring and trenchless excavation.
         (k)   Irrigation systems.
         (l)   Right-of-way blockage.
            1.   Obstruction due to dumpster, construction equipment, construction materials, gravel, aggregate, mulch, unattached moving trailers, portable storage units, and tree removal or disposal equipment.
            2.   Any work to be done on single family drive approaches or sidewalk replacements within right-of-way.
         (m)   Curb cuts/new access into city right-of-way.
            1.   New residential driveways.
            2.   Upgrade of commercial or residential driveways.
         (n)   Aerial work in the right-of-way that restricts traffic for one hour or less shall be covered under a blanket permit for the company completing the work. Such permit shall be good for one calendar year.
   (B)   Permanent encroachments shall be approved by the Board of Public Works and Safety.
   (C)   Community encroachments.
      (1)   The following right-of-way encroachments shall require an encroachment permit to be approved by the Board of Public Works and Safety.
         (a)   Street closures for community events and festivals.
         (b)   Street closures for block parties.
         (c)   Downtown encroachments. Any new applications within the Downtown (DT) zoning district, as shown on the city’s Official Zoning Map.
      (2)   The following right-of-way encroachments shall require an encroachment permit to be approved by the Designated Department.
         (a)   Downtown encroachments. Any application for renewal within the Downtown (DT) zoning district, as shown on the city’s Official Zoning Map.
         (b)   Community garage sale signs.
         (c)   Right-of-way blockage or obstruction due to due to sidewalk sales, both commercial and residential.
      (3)   Mobile basketball goals and other mobile recreational equipment are permitted from May 1 through September 30 each calendar year without an encroachment permit. Permanent foundations for basketball goals or other recreational equipment which are located in right-of-way or which allow the equipment to jut into or overhang right-of-way are prohibited. Basketball goals and other recreational equipment must be removed from and may not overhang the right-of-way in any manner from October 1 through April 30 in order to avoid damage to city vehicles that must work in the right-of-way, for among other things, the removal of snow, leaves, branches, and debris.
(Ord. 36-08-12, passed 9-11-12)  Penalty, see § 94.99