§ 94.04  REGULATIONS FOR ALL ENCROACHMENT PERMITS.
   (A)   Encroachment application and permit procedures. All encroachment permit applications shall be on forms supplied by the Designated Department and shall be filed in such number of duplicate copies as required. Applications must be submitted to the Designated Department in a manner prescribed by them.
      (1)   Application shall be accompanied by a drawing of the proposed encroachment that provides sufficient detail to determine the exact location of the encroachment and the extent of work being completed.
      (2)   Upon receipt of a complete application, the Designated Department shall have up to five working days to review administrative permits.
      (3)   Permits requiring Board of Public Works and Safety approval shall be heard at the next regularly scheduled meeting for which the item can be advertised and placed on the proposed agenda.
      (4)   The Board of Public Works and Safety and the Designated Department may impose reasonable conditions which may need to be completed prior to the issuance of a permit.
      (5)   No work shall be completed prior to the issuance of a permit, and no permit shall be issued until all applicable fees are paid in full.
      (6)   Additional permits. The applicant is responsible for obtaining all the necessary additional permits for their project, including but not limited to the following agencies:
         (a)   City;
         (b)   Hamilton County;
         (c)   Indiana Department of Transportation;
         (d)   Department of Natural Resources;
         (e)   Indiana Department of Environmental Management; and
         (f)   Army Corps of Engineers.
   (B)   Prior to the start of any encroachment, the permit holder shall provide to the Designated Department an Indiana Underground Plant Protection Service (IUPPS) authorization number a minimum of 48 hours prior to any encroachment in the right-of-way. Failure of notification prior to the start of the encroachment shall result in a penalty.
   (C)   No property owner shall hold the city responsible for damage to any structures or equipment within the right-of-way of the city which are not covered under the IUPPS.
   (D)   Notification of residents. The applicant shall be responsible for the proof of proper notification of all residents affected by the proposed encroachment, as determined by the city. A copy of the letters shall be provided to the Designated Department to become part of the encroachment permit documentation.
   (E)   Encroachments shall be maintained and constructed to conform to the ADA Standards for Accessible Design (28 CFR Part 36) requirements currently in effect at the time work is completed.
   (F)   The permit card shall be onsite during the period of encroachment.
   (G)   Inspection cancellation procedures. Cancellation of any scheduled inspection is required prior to the inspection, and failure to provide notice will result in penalty fee.
   (H)   Permit life. Encroachment start dates shall be provided on the encroachment permit application. If encroachment work does not commence within 45 working days of the issuance of the permit, the permit shall be considered void and the application must be resubmitted. All work must be completed within 60 working days of the issuance of the permit unless otherwise noted by the Designated Department. This does not apply to administratively approved right-of-way blockages and work within the Central Business District, which shall be valid for a period not to exceed 30 days unless altered by the Board of Public Works and Safety. This also does not apply to Downtown encroachments which are valid for one year.
(Ord. 36-08-12, passed 9-11-12)  Penalty, see § 94.99