(A) It shall be unlawful for any person, business concern or corporation to perform any construction activity within the Urban Service District public right-of-way of any public street, bicycle or pedestrian pathway or alley within the confines of the Urban Service District corporate limits of the town, without first obtaining a permit for such act and posting a bond for compliance with the further requirements of this section.
(B) A permit application for such construction activity shall be submitted to the Zionsville Street and Stormwater Department for review, and must be approved by the same prior to the commencement of construction activities. The application fee shall be $25 which shall be deposited in the Motor Vehicle Highway Fund of the town. The fee may be waived at the discretion of the Superintendent of the Street and Stormwater Department ("Superintendent"). The form of permit application may be amended from time to time provided it is consistent with the terms identified herein.
(C) At the time of application for the permit required in division (B) above, the applicant shall submit security in the form of a bond satisfactory to said Superintendent in the sum of at least $1,000 to insure restoration of the area disturbed as a result of such construction activity as hereinafter specified. Higher bond amounts may be required at the discretion of the Superintendent based upon the scope of the work, and the bond requirement may be waived at the discretion of the Superintendent. Entities performing work repeatedly within rights-of-way may file a perpetual permit bond with the town in an amount determined by the Superintendent.
(D) (1) Any street cut, trench, access pit or other construction activity accomplished under this permit shall be restored per applicable specification(s) as set out in the town’s construction standards or as directed by the Superintendent. Restoration per applicable specification shall be accomplished within five working days of completion of the principal work activity for which the permit was issued. It shall be the permit holder’s responsibility to temporarily restore and maintain vehicle and/or pedestrian access and safety of any cut, trench or access pit pending final restoration. Acceptance of temporary and final restorations and, ultimately, release of surety, shall be subject to approval by the town.
(2) Restoration methods and materials are set out in the town’s construction standards as follows:
(a) Asphalt pavement: specification figures P-18, P-19, P-20;
(b) Concrete pavement: specification figures P-18, P-19, P-20; and
(c) Sidewalks/pathways: specification figures P-18, P-21.
Note: flowable fill may be substituted for granular backfill upon written approval by the Superintendent.
(E) Any sod, planting or other landscaping materials or features disturbed as a consequence of the work under this permit shall be restored in kind. Acceptance shall be subject to approval by the town.
(F) (1) The permit holder shall be responsible to provide, erect and maintain any necessary signs, barricades, lights and/or other warning devices required to safely direct vehicular and pedestrian traffic over, around or through the work site, and to protect vehicles and pedestrians from any work site hazard.
(2) In the event a two-way, two-lane roadway is restricted to one lane, traffic-control personnel may be required.
(G) The permit holder shall assume all responsibilities for any injuries or damages to persons or property resulting directly or indirectly from the work provided for under the permit.
(H) The permit holder shall notify the Town Street Department prior to commencement, and upon completion, of the work provided for under the permit.
(I) The bond posted in compliance with this section shall not be released for a period of three years from the date of completion of the work and shall not be released without written acceptance of restoration by the Town Street Department.
(J) Violation of this section shall occur when any street, bicycle and pedestrian pathway or alley within the corporate limits of the town is disturbed as a result of construction activity without full compliance with the requirements of this section.
(1996 Code, § 7-60) (Ord. 2001-12, passed - - ; Ord. 2017-16, passed 12- -2017) Penalty, see § 53.99