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Amending Chapter 6, 17 and 18 to Include New Rules, Regulations & Service Charges for Various Permits and Reviews in Connection with Stormwater Control and Construction in the Right-of-Way
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Amending Chapter 6, 17 and 18 to Include New Rules, Regulations & Service Charges for Various Permits and Reviews in Connection with Stormwater Control and Construction in the Right-of-Way
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12/2/2015 12:08:31 PM
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12/2/2015 12:08:28 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/23/2015
Ord-Res Number
10403-15
Bill Number
68-15
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(1) Not less than forty-eight (48) hours prior to the anticipated occupancy of a portion <br /> of any City right-of-way, and not less than seven (7) days prior to the anticipated <br /> full closure of City right-of-way, those parties desiring to temporarily obstruct a <br /> city right-of-way shall make application to the City of South Bend through the <br /> City Engineer's Office; however, said time limits may be waived for applications <br /> determined to be emergencies by the City Engineer. <br /> (2) Said application shall contain an adequate description of the use to be made of the <br /> occupied portion of City right-of-way including the size, location, purpose and <br /> type of structure to be located thereupon. <br /> (3) The Applicant shall pay fees for use of any right-of-way as established in Sec. <br /> 18-61(d) below whenever temporary obstructions to the right-of-way exceed <br /> typical obstruction allowances that are inherent with construction activities for <br /> which permit fees were previously paid for excavation permits and/or access <br /> permits. For purposes of this Section "typical obstruction allowances" shall mean <br /> be five (5) days or less for the obstruction of a non-traffic lane or right-of-way; <br /> two (2) hours or less where traffic lanes are obstructed and traffic is maintained <br /> on a collector roadway; and one (1) hour or less where traffic lanes are obstructed <br /> and traffic is maintained on an arterial roadway. No consideration of previously <br /> paid permit fees will occur for road closures. <br /> (4) City-funded or City Utilities-funded public improvement construction projects <br /> shall not be subject to City barricade fees; however, the contractor or City <br /> department doing any such construction work must apply and receive approval for <br /> barricade permits as described in subpart "1" of this Section. <br /> (b) Depailmental Approvals Required <br /> (1) Approval of any barricade or temporary occupancy permit under this Section is <br /> contingent upon the applicant securing any other permit(s) applicable by City <br /> ordinance, including but not limited to excavation permit, access permit over- <br /> size/overweight permit, public assembly permit, parade permit, and/or block party <br /> permits. <br /> (2) Before any barricade or temporary occupancy permit shall be granted, the same <br /> shall be reviewed by City Police and the Department of Public Works, and <br /> approved by the City Engineer. Right-of-way use requested by the applicant is <br /> subject to change as a result of this review. <br /> (3) Once an applicant's right-of-way use is established and approved, it shall not be <br /> subject to change or modification by the applicant except with additional <br /> reviewing-agency approval. The City reserves the right to cause a change in <br /> location or date for reasons of public safety. <br /> Sec. 18-61. Conditions of any barricade permit <br /> (a) Indemnity: No permit shall be granted unless the applicant shall have undertaken to <br /> indemnify and save harmless the City of South Bend of and from any and all losses or <br /> 8 <br />
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