11-23-15 Agenda, Packet & Committee Meeting Notice

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Article 7.—RIGHT-OF-WAY OCCUPANCY AND BARRICADE PERMITS Sec. 18-60. —Commercial, construction, recreational use of the right-of-way (a) Application Required (1) Not less than forty-eight (48) hours prior to the anticipated occupancy of a portion of any City right-of-way, and not less than seven (7) days prior to the anticipated full closure of City right-of-way, those parties desiring to temporarily obstruct a city right-of-way shall make application to the City of South Bend through the City Engineer's Office; however, said time limits may be waived for applications determined to be emergencies by the City Engineer. (2) Said application shall contain an adequate description of the use to be made of the occupied portion of City right-of-way including the size, location,purpose and type of structure to be located thereupon. (3) The Applicant shall pay fees for use of any right-of-way as established in Sec. 18- 61(d) below whenever temporary obstructions to the right-of-way exceed typical obstruction allowances that are inherent with construction activities for which permit fees were previously paid for excavation permits and/or access permits. For purposes of this Section "typical obstruction allowances" shall mean be five (5) days or less for the obstruction of a non-traffic lane or right-of-way; two (2) hours or less where traffic lanes are obstructed and traffic is maintained on a collector roadway; and one (1) hour or less where traffic lanes are obstructed and traffic is maintained on an arterial roadway. No consideration of previously paid permit fees will occur for road closures. (4) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City barricade fees; however, the contractor or City department doing any such construction work must apply and receive approval for barricade permits as described in subpart "1" of this Section. (b) Departmental Approvals Required (1) Approval of any barricade or temporary occupancy permit under this Section is contingent upon the applicant securing any other permit(s) applicable by City ordinance, including but not limited to excavation permit, access permit over- size/overweight permit, public assembly permit, parade permit, and/or block party permits. (2) Before any barricade or temporary occupancy permit shall be granted, the same shall be reviewed by City Police and the Department of Public Works, and approved by the City Engineer. Right-of-way use requested by the applicant is subject to change as a result of this review. (3) Once an applicant's right-of-way use is established and approved, it shall not be subject to change or modification by the applicant except with additional reviewing-agency approval. The City reserves the right to cause a change in location or date for reasons of public safety. 8