§ 94.05  REGULATIONS FOR CONSTRUCTION ENCROACHMENTS.
   (A)   All improvements intended for public use, to be constructed in a city right-of-way or easement, or to be constructed as a privately maintained improvement must conform to city standards according to the Noblesville construction standards, the Noblesville Unified Development Ordinance, and shall conform to or exceed the standards as set forth in these documents.
   (B)   The standards set forth in this chapter are intended to be minimum standards. Variances from these standards may be considered by the Board of Public Works and Safety upon written application to the board citing unusual conditions justifying changes based upon sound engineering practices. Proposed variances shall have been reviewed by any applicable agency of jurisdiction, the Engineering Department, the Planning and Development Department, and/or the Technical Advisory Committee, as appropriate, before consideration by the Board of Public Works and Safety.
   (C)   The city may request to review all Indiana Department of Transportation encroachment permits obtained for work within the Noblesville corporate limits.
   (D)   Traffic control shall be required for all encroachments that restrict the natural flow of traffic. All temporary traffic control measures shall conform to the latest edition of the Indiana Workzone Safety Manual. If deemed necessary, the city may require the use of off-duty law enforcement officers to provide traffic control with cost to be paid by the applicant. Unless otherwise provided, the street shall be kept open to all traffic while undergoing improvements. Where so provided on maintenance of traffic plan, approved by the Designated Department, traffic may be bypassed over a detour route. The detour route markings shall be erected, maintained, and removed by the contractor.
   (E)   Flowable backfill, conforming to INDOT Specification Section 213, may be required on any cut made in streets, alleys, shoulders, or sidewalks within five feet of the edge of pavement. The Board of Public Works and Safety or the Designated Department, herein referred to as “City,” shall review and approve any exceptions. The installation of all underground utilities outside of the five foot edge of pavement easement shall be in compliance with the Noblesville Unified Development Ordinance.
   (F)   All permit work shall be performed Monday through Friday during the normal business hours of the Designated Department unless pre-approved by the Department Director and/or his or her representative. Applicants are responsible for reimbursement of any overtime incurred by the inspectors for any work done out of normal business hours. The Board of Public Works and Safety may require work involving significant closures or disruptions to occur during off-peak, night time, or weekend hours.
   (G)   All encroachment permits shall be inspected by the city. The appropriate inspections shall be determined by the Designated Department based upon the type of encroachment and shall be provided to the applicant at the issuance of the permit. The Applicant is responsible for scheduling all required inspections.
   (H) Materials shall conform to the specifications set forth in the Noblesville Construction Standards unless approved in writing by the City Engineer. Material specifications or mix designs shall be provided to the city prior to the commencement of work activities. During completion of work activities, the applicant shall provide the city with load tickets for materials used on the project, as required.
   (I)   All open cuts in streets and alleys shall have permanent patches in place no later than 20 working days of the temporary patch inspection date, or within the permit life, whichever comes first. Temporary construction patches shall be maintained to the satisfaction of the Designated Department until permanent patches are complete.
   (J)   Concrete and sod areas are to be restored to equal, if not better, condition within the 20 working days of the completion of work.
   (K)   All permanent patches shall be maintained by the Applicant for a period of one year. Maintenance periods will begin with the approval of a final inspection. All temporary patch methods are to be determined by the Designated Department. The permit bond will be released one year from the final inspection of work.
   (L)   Special methods of street cuts shall be implemented from November 1 through April 30 to ensure temporary patches do not interfere with the normal operation of city services. These methods shall be determined by the Director of the Designated Department for each individual permit application.
   (M)   Boring or any other trenchless excavation which is proposed to occur in a city right-of-way or easement shall be held to the same requirements as open excavation. Construction plans, detailing boring or trenchless activities, shall accompany any permit application for work within any land in which the City has rights or interest. Applicant shall be required to submit a three year maintenance bond in the amount of $10,000 to cover any damages that may be identified after work is completed. Public utilities may file a $10,000 blanket bond each year to cover all work for which permits are procured. Any such bond will not expire until three years after the date on which the last project was completed under a valid permit.
(Ord. 36-08-12, passed 9-11-12)  Penalty, see § 94.99