(A) The Recitals set forth in Ordinance 21-17 are fully incorporated by this reference.
(B) All work in public rights-of-way, easements, apparent easement, streets, alleys, sidewalks, curbs, or town property requires the responsible party to have a current right-of-way (ROW) activity permit issued by the town, including all public utilities unless exempt by town staff.
(C) The town reserves the right to deny an application for a right-of-way activity permit.
(D) The responsible party seeking a right-of-way activity permit must provide the following:
(1) Open cut maintenance bond, minimum $10,000 per location.
(2) Surety bond, minimum $2,000 per location. The Town of Pendleton reserves the right to mandate larger surety in the event of exceptional circumstances that may carry higher risk for usual damages.
(3) Blanket bond, minimum $10,000.
(4) Proof of Workers Compensation and Employers' Liability and General Liability with certificate of insurance listing the Town of Pendleton as a certificate holder AND additional insured, including waiver of subrogation and primary/non-contributory wording.
(E) (1) The fees set forth in the town fee schedule (§ 39.71) for the right-of-way activity permit apply for all work conducted in the public right-of-way.
(2) All activity conducted in the town right-of-way and on town owned or controlled property which is not in compliance with the right-of-way activity permit and standards for street repair ordinance may be subject to additional fees as outlined below:
(a) All work in the public right-of-way will be subject to inspection by the town Code Enforcer/Building Inspector. Should reinspection be deemed necessary, responsible party will be subject to a reinspection fee of $100 per each additional inspection.
(b) A project that requires a right-of-way activity permit and responsible party does not properly obtain said permit, the responsible party will be subject to an additional fee of $500 plus five times the additional fees required for the right-of-way activity permit.
(c) A project that requires a stop work order will incur an additional fee of $1,000 per day in addition to a $1,000 reinstatement fee that must be paid before work can be resumed.
(F) Town staff may waive or reduce the right-of-way activity permit application fees in certain situations.
(G) All work in the public right-of-way requires the responsible party at a minimum to repair and recondition the involved public infrastructure and surrounding area. The town through town staff reserves the right to change the repair and recondition requirements.
(H) All work shall be conducted in accordance with town street standards, INDOT standards and/or as determined by town staff.
(I) Any entity conducting three or more open cuts in a roadway within a town block or within a 1OOO-foot section of roadway, within 12 months, will be required to fill and resurface the block or road section. In all cases town staff may require a block or section to be resurfaced as a condition of the right-of-way activity permit.
(J) At a minimum, all disturbed sidewalks and driveway aprons must be replaced driveway-to-driveway or driveway-to-intersection using current town street standards.
(K) The town staff shall be responsible for the administration of the right-of-way activity permit filing process and creating the rules for the process and rules for any activities performed in the public right-of-way.
(L) The town will hold the responsible party accountable for all work performed under the right-of-way activity permit. The responsible party also agrees to indemnify and hold harmless the town, their employees and representatives against ail claims, demands, judgments, actions and expenses which may arise from all work and/or circumstances resulting from such work under this permit.
(Ord. 21-12, passed 5-13-21; Am. Ord. 21-17, passed 7-8-21)