(A) Generally. All encroachment permit applications shall be in written form. Applications must be submitted to the Public Works Department prior to the encroachment being granted. The encroachment permit application shall be administered and reviewed by the Public Works Department and approved only after the required conditions of the permit have been established and all conditions are met to the satisfaction of the Public Works Department Director or designee. On all applications submitted there will be up to a ten-working-day review period. No work will be allowed prior to the review. A penalty fee of up to $500 will be enforced by the city with a stop work order for unauthorized work performed before permits are approved. All permit work shall be performed Monday through Friday, during the hours of 7:30 a.m. to 4:30 p.m., unless pre-approved by the Director and/or his or her designee. Permittee’s are responsible for reimbursement of any overtime incurred by the inspectors for any work done out of the normal business hours of Monday through Friday, 7:30 a.m. to 4:30 p.m. Possession of a properly endorsed encroachment permit by the city shall constitute permission to encroach upon the city rights-of-way. The permit shall be available at all times, on site during the period of encroachment.
(B) Standard encroachment permit application. Standard encroachment permit applications must be obtained through the Westfield Public Works Department, 2706 E. 171st Street, Westfield IN 46074. The permittee must submit the original encroachment permit application, and a drawing of the proposed right-of-way encroachment to the Director or designee. Upon the receipt of the application, the permittee shall be notified after a review period of up to ten working days of the approval or denial of the submitted application. Permits shall be returned by mail only when the permittee provides the proper postage and envelopes.
(C) Emergency encroachment permit application. In the event that public safety is a concern after normal business hours, the city may grant an emergency permit. Emergency encroachment permits are to be in written form. Permit must be filled out on site by a city representative for permittee to be valid. No facsimile forms are accepted. All standard encroachment permit fees apply. The emergency permit will become void 24 hours from the time indicated by the city representative on the permit.
(D) Additional permits. The permittee is responsible for obtaining all the necessary permits prior to the approval of the encroachment application; including, but not limited to the following:
(1) City of Westfield permits;
(2) Hamilton County permits;
(3) Indiana Department of Transportation permits;
(4) Department of Natural Resource permits;
(5) Indiana Department of Environmental Management; and
(6) Federal permits through the Army Corps of Engineers.
(E) Notification of residents. The permittee 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 Public Works Department to become part of the encroachment permit documentation.
(F) Traffic control. 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 addition of the Indiana Manual on Uniform Traffic Control Devices. 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 Director, traffic may be bypassed over a detour route. The detour route markings shall be erected, maintained, and removed by the contractor. The portion of street being used by public traffic shall be kept in such conditions that such traffic will be adequately accommodated. Flashing type II barricades or drums in accordance with INDOT Specification 801.09, shall be placed at 100-foot intervals where drop-offs of greater than three inches are adjacent to the shoulder until the aggregate or earth wedge is placed. In areas allowing on-street parking, a distance of 50 feet to 25 feet may be requested.
(G) Encroachment start procedures. The Public Works Department shall require notification prior to the start of any encroachment. In accordance to I.C. 8-1-26, an I.U.P.P.S. authorization number must be received a minimum of 72 hours prior to any encroachment in the right-of-way. Failure of notification prior to the start of the encroachment shall result in a $100 fine. If the encroachment duration is more than five working days, written weekly updates shall be provided to the Director and/or his or her designee and daily notification shall be required at the discretion of the Director. A copy of the approved encroachment permit shall be required to be on site at all times.
(H) Permit life.
(1) Encroachment start dates shall be provided on the encroachment permit application. If encroachment does not commence within 45 working days of the permit approval date, the permit shall be considered void and the encroachment application shall be resubmitted for approval consideration. All work must be completed within 60 working days of the application approval date. Exceptions shall be noted on the permit application and shall be authorized by the city only.
(2) Completion dates and times on all open cuts will be noted by city inspectors on-site at the time of final inspection of the permit. (See division (L) below.)
(I) Permit cancellation procedures. Cancellation of any scheduled inspections is required prior to inspection. Failure of prior notice will result in a penalty fee of $100 per inspection.
(J) Temporary and permanent patches. Maintenance periods will begin with the final inspection date approved by the Director and/or his or her representative. 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. Winter cut procedures will be determined by the Director and/or his or her representative for each individual permit application. Temporary construction patches shall be maintained to the satisfaction of the Director until permanent patches are complete. Bricks shall be replaced with original bricks removed from patches. Concrete and sod areas are to be restored to equal, if not better condition within the 20-working-day completion period. All patches listed in § 152.47 shall be maintained by the permit application holder for a period of one year. All temporary patch methods are to be determined by the Director or his or her representative.
(K) INDOT encroachment permits. The city may request to review all Indiana Department of Transportation encroachment permits obtained for work within the city’s corporate limits.
(L) Inspections. All encroachment permits defined in § 152.49 shall be inspected by the city before, during, or after encroachments.
(Prior Code, § 54-96) (Ord. 03-04, passed 2-10-2003)