(A) Any person desiring to open or cut into any street, alley or other public way, paved or unpaved, within the limits of the city shall be required to obtain a specific permit for such purposes.
(B) The application for a permit to open any street, alley or other public way shall be made to the Utilities Superintendent of the city, who shall have the right and power, subject to the rulings of the City Council, to determine whether or not the opening is necessary or desirable. The applicant shall be advised of the manner and size of the opening which may be made and the replacement of both fill and paving which shall be made, and the applicant shall be required to follow such directions.
(C) A deposit of the higher amount of the $25 (minimum) or $5 per square foot of the area of a paved street, alley or other public way or of $2.50 per square foot of any unpaved street, alley or public way shall be paid to the Clerk-Treasurer before the issuance or allowance of such permit. For public and private utilities and contractors contemplating numerous cuts during a year, an annual permit may be obtained for a fee of $25 together with a performance bond in the amount of $1,000 made payable to the city.
(D) Receipt for deposit.
(1) The Clerk-Treasurer shall issue a receipt for such deposit with a specifically prepared receipt which shall show:
(a) The location of such proposed opening;
(b) The estimated size of the opening;
(c) The condition of the street prior to the opening; and
(d) The amount of the deposit or if performance bond is on file.
(2) Possession of such receipt, properly endorsed by the Utilities Superintendent of the city or deputy as he or she may nominate, shall constitute a permit to open the street.
(E) When repair or replacement is completed to the satisfaction of the Street Department of the city and if it has been replaced in at least as good condition as before the entering of such way and without undue inconvenience or cost to the city, the deposit shall be placed in the General Fund of the city.
(Prior Code, § 54-31)
Statutory reference:
Extraterritorial municipal regulation, I.C. 36-8-2-13
Regulation of conduct or the use or possession of property that might endanger the public health, safety or welfare, see I.C. 36-8-2-4
Regulation of excavations and movement or removal of earth below ground level, see I.C. 36-7-2-6