[1]
Editor's Note: Former Art II, Excavations, was repealed 3-13-2023 by Ord. No. 4584. Prior history includes R.O. 2012 §510.050 through § 510.100; CC 1992 § 19-23 through § 19-26; Ord. No. 909; and Ord. No. 1852.
Cross References — As to building codes and building regulations, ch. 500; as to water and sewers, Title VII.
[Ord. No. 4584, 3-13-2023]
A.
No
person, firm, or corporation shall make or cause to be made or help,
aid, or assist with, therein, any work or excavation on any public
street, highway, alley, sidewalk, gutter or other public place, or
any public easement or right-of-way, without a right-of-way permit.
B.
No
adjoining property owner shall construct, maintain, or permit in or
on the portion of the public right-of-way to which such land is adjacent,
any fixed structure, material or object without a right-of-way permit.
C.
Except
as otherwise provided herein, no person, firm or corporation shall
obstruct, or otherwise impact in any manner whatsoever, the normal
flow of vehicular or pedestrian traffic in the right-of-way without
a right-of-way permit.
D.
The
application for a right-of-way permit shall be submitted to the City
Engineer either by the property owner, or an authorized agent of the
property owner, firm, or corporation who will perform the work and/or
excavation in the right-of-way.
[Ord. No. 4584, 3-13-2023]
A.
The
City Engineer may impose reasonable conditions upon the issuance of
a right-of-way permit and the performance of the permittee in order
to protect the structural integrity of the right-of-way, to protect
the property and safety of other users of the right-of-way, and to
protect the health, safety and welfare, and minimize the disruption
and inconvenience of the general public. Such permits shall be deemed
to be subject to, and anyone obtaining such a permit shall be deemed
to have consented to, the following conditions:
1.
Compliance with Missouri One Call Statutes, regulations, and policies;
2.
Compliance with the City's Code of Ordinances, including its right-of-way
ordinances, zoning ordinances, utility ordinances, all applicable
laws and regulations, and any restrictions contained in any documents
relating to the acquisition nor limit of use of the area the permit
is being obtained for;
3.
Agreement to pay just compensation charged in an attachment agreement
or to pay just compensation should the City charge for the use of
its rights-of-way in the future;
4.
Agreement to indemnify and hold the City harmless from the permittee's
use of the right-of-way which shall include defense and payment of
money for attorneys' fees and all costs, provided such condition provides
that it is not to be deemed a waiver of sovereign or other immunities
or defenses available to the City, its officials, employees and agents;
5.
Compliance with all design standards of the City and on file with
the City Engineer;
6.
At all times, any structure or facility used to support any permittee's
equipment shall be structurally sound and not subject to failure for
defects in design, maintenance, wear and tear, or weather conditions
as identified by the City Engineer.
B.
The
permittee shall perform all work or excavation in full accord with
any and all applicable engineering codes and design standards adopted
or approved by the City and in accordance with applicable Statutes
of the State of Missouri, and the rules and regulations of the commission
or any other local, State or Federal agency having jurisdiction over
the parties. The permittee shall perform all work or excavation in
conformance with all applicable codes and established rules and regulations
and shall be responsible for all work or excavation done in the right-of-way
pursuant to its right-of-way permit, regardless of by whom the work
or excavation is done.
C.
A permittee
shall not disrupt a right-of-way such that the natural free and clear
passage of water through the gutters or other waterways is interfered
with. No person may park private vehicles within or next to the work
or excavation area, except for such areas which may be designated
and marked as safe areas for vehicle parking in accordance with an
approved right-of-way permit.
D.
If
work or excavation is performed for the permittee by another person,
firm, or corporation, the permittee shall be responsible for ensuring
that the work or excavation is performed consistent with their right-of-way
permit and applicable law and shall be responsible for promptly correcting
acts or omissions by said person, firm or corporation.
E.
The
City Engineer may establish limitations in the right-of-way permit
pertaining to the amount of concurrent work or excavation that may
occur and the amount and duration of right-of-way which may be obstructed
during construction.
F.
The
permittee shall, in the performance of any work or excavation required
for the installation, repair, maintenance, relocation and/or removal
of any of its facilities, limit all work or excavation to that necessary
for efficient operation.
G.
The
permittee shall not have work or excavation remain open longer than
is necessary to complete the repair or installation, and in no event
may work or excavation remain open beyond the expiration of the right-of-way
permit or any approved extension.
H.
The
permittee shall perform work or excavation in the right-of-way at
such times that will allow the least interference with the peace and
quiet of the neighborhood, and shall not work between the hours of
8:00 P.M. and 7:00 A.M.
I.
Street
plates shall be placed in accordance with the City's specifications
and shall not be in place for more than ten (10) calendar days without
written approval of the City Engineer.
J.
The
City Engineer may allow street cuts on an individual review basis
based on the criteria set out in this Chapter and the City's design
standards.
K.
All
street cuts shall be restored in their entirety within ten (10) days
of the street cut unless approved, in writing, by the City Engineer.
Failure to complete within the ten (10) days shall constitute cause
for the City to restore the cut and the permit holder shall reimburse
the City its costs.
L.
Any
action or inaction by the permittee that results in the City restoring
or repairing of the right-of-way due to failure to comply with these
or other conditions shall constitute cause for not issuing future
permits and for the permittee to be financially responsible to reimburse
the City all of its costs whether from any bond held by the City or
other means at the option of the City.
[Ord. No. 4584, 3-13-2023]
A.
The
permittee shall notify the office of the City Engineer upon completion
of the work, excavation or temporary traffic control authorized in
the right-of-way permit.
B.
Before
final approval, the City reserves the right to perform any additional
inspections as it deems necessary and apply any additional requirements
meeting the codes and standards customarily applicable to the type
of permitted work in the right-of-way.
[Ord. No. 4584, 3-13-2023]
A right-of-way permit is required for emergency situations that
are not the result of a declared emergency or disaster by the State,
Federal or local agencies empowered to enter such declarations. If,
however, due to such emergency that is not the result of a declaration
of disaster or emergency, and it is necessary to perform work in the
right-of-way and it is impractical for the person, firm or corporation
to first get a right-of-way permit, the work or excavation may be
performed, and the required permit shall be obtained as soon as possible,
but not later than twenty-four (24) hours after the start of work
or excavation. The person, firm or corporation shall notify the City's
Public Works Department when emergency work or excavation is necessary.
[Ord. No. 4584, 3-13-2023]
A.
The
City Engineer may choose to inspect the ongoing permitted work in
the right-of-way at any time to ensure that all requirements of the
approved right-of-way permit are being met by the permittee.
B.
At
the time of any inspection, the City Engineer may order the immediate
cessation, through a stop work order, of work in the right-of-way
that poses a serious threat to the life, health, safety, or wellbeing
of the public.
[Ord. No. 4584, 3-13-2023]
A.
All
temporary traffic control devices shall be properly installed and
maintained at the permittee's expense. All traffic control materials
and methods shall be in conformance with the latest edition of the
Manual on Uniform Traffic Control Devices.
B.
The
City requires ten (10) days advanced notice prior to closure, or partial
closure, of any public street, alley, traveled way or sidewalk.
C.
All
traffic control devices must be implemented according to the approved
traffic control plan, if required by the right-of-way permit.
D.
Any
authorized representative of the City may close any public street,
alley, highway or any part thereof when necessary for the proper control
of traffic or upon which public work or improvement, repair or reconstruction
is in progress or presently contemplated or where in his/her opinion
such is required for the safety and protection of traffic and for
such period of time as he/she may deem necessary for the benefit of
such work and safety, and for such purpose to cause the street, alley,
highway or part thereof, to be barred to traffic by the public and
placarded as closed. It shall be unlawful for any person willfully
to drive or cause to be driven any animal or vehicle on, along or
across any public street, alley, highway or any part thereof so barred,
or willfully to throw down, remove or otherwise disturb any barrier
or placard placed under the direction of an authorized representative
of the City. Any person who receives a citation for a violation of
this Section shall be fined not less than fifty dollars ($50.00) and
not more than five hundred dollars ($500.00) for each offense.
[Ord. No. 4584, 3-13-2023]
A.
Any
person who is found working or excavating in the public right-of-way
without a right-of-way permit will be directed to stop the work or
excavation until a right-of-way permit is acquired and available at
the work site or excavation.
B.
Any
person who is found obstructing in any manner whatsoever or otherwise
impacting the normal flow of vehicular or pedestrian traffic in the
right-of-way without a right-of-way permit will be directed to stop
work causing such issue(s) and restore normal traffic conditions until
a right-of-way permit is acquired and available at the work site or
excavation.
C.
No
permittee may commence work or excavation before the right-of-way
permit start date or, except as provided herein, may continue work
or excavation after the end date. If a permittee does not complete
the work or excavation by the right-of-way permit end date the permittee
must apply for and receive either a new right-of-way permit or a time
extension of an existing right-of-way permit before work or excavation
may resume.
D.
No
permittee shall obstruct in any manner whatsoever or otherwise impact
the normal flow of vehicular or pedestrian traffic in the right-of-way
before the right-of-way permit start date or, except as provided herein,
after the right-of-way permit end date.
[Ord. No. 4584, 3-13-2023]
A.
Following
completion of permitted work or excavation within the right-of-way,
the permittee shall restore all portions of the right-of-way in which
the permittee performed work or excavation, in accordance with the
conditions provided in this Article.
B.
If
work or excavation cannot be backfilled immediately and is left unattended,
the permittee shall securely and adequately cover and mark the unfilled
excavation or work. The permittee has sole responsibility for maintaining
proper temporary traffic control, barriers, safety fencing, signage,
street-plating, and/or lights as required, from the time of the opening
of the work or excavation until the work or excavation is surfaced
and opened for travel.
C.
All
earth, materials, sidewalks, paving, crossing, utilities, striping,
public improvement or improvements of any kind damaged or removed
by the permittee shall be fully repaired or replaced promptly by the
permittee at its sole expense and to the reasonable satisfaction of
the City Engineer. However, a permittee shall not make or attempt
to make repairs, relocation or replacement of damaged or disturbed
facilities without the approval of the owner of the facilities.
D.
All
work and excavation shall also be subject to the following:
1.
All sidewalks, gutters and curbs, ADA ramps and roadway entries that are removed during construction must be reconstructed according to Section 510.020 of the City of Union Code of Ordinances and shall be completed within ten (10) days following removal of the existing feature and as approved by the City Engineering within the right-of-way permit;
2.
Open excavation within the City right-of-way shall be backfilled,
covered, or fenced daily;
3.
Open excavations shall be permanently backfilled to City standards
within ten (10) calendar days of excavation unless otherwise approved,
in writing, by the City Engineer;
4.
Restoration of areas disturbed by construction shall be completed
within ten (10) calendar days of the completion of work unless an
extension of time is granted in writing by the City Engineer;
5.
Where natural vegetation is removed during work, vegetation shall be reestablished according to Section 420.060 of the City of Union Code of Ordinances;
6.
Exotic grasses, native plantings, flower beds, and other decorative
landscaping placed in the right-of-way by abutting property owners
and others are not required to be replaced or restored, are deemed
at the risk of the abutting property owners and others, and may be
replaced with City approved grass varieties; unless otherwise directed
by the City Engineer;
7.
Erosion control BMPs shall be used when weather is prohibitive to
establish vegetative growth such as in the winter or excessively dry
conditions, as approved by the City Engineer;
8.
Types O and A soil as indicated in the USGS Soil Horizon Chart shall
be placed in the top six (6) inches of all excavations outside of
paved areas, including areas that will receive sod. Types O and A
soil are dark nutrient-rich topsoil, free of rocks, clods, and debris
that are capable of establishing and sustaining grass. Clay is not
acceptable.
[Ord. No. 4584, 3-13-2023]
A.
Except
as provided in this Section, each contractor or utility owning, controlling,
leasing, maintaining, using or installing facilities within the right-of-way
shall provide, at its sole expense, and maintain during the term of
an agreement, commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in
the State of Missouri that shall protect the permittee, the City,
and the City's officials, officers, and employees from claims which
may arise from operations under an agreement, whether such operations
are by the permittee, its officers, directors, employees and agents,
or any subcontractors of the permittee. This liability insurance,
shall include, but shall not be limited to, protection against claims
arising from bodily and personal injury and damage to property, resulting
from all permittee operations, products, services or use of automobiles,
or construction equipment. The amount of insurance for single limit
coverage applying to bodily and personal injury and property damage
shall be in no event less than the individual and combined sovereign
immunity limits established by Section 537.610, RSMo., for political
subdivisions; provided that nothing herein shall be deemed to waive
the City's sovereign immunity. An endorsement shall be provided which
states that the City is listed as an additional insured with full
and equivalent coverage as the uncured under the insured's policy
and duty of defense by insurer to the City, and stating that the policy
shall not be cancelled or materially modified so as to be out of compliance
with the requirements of this Section, or not renewed without thirty
(30) days' advance written notice of such event being given to the
City Clerk. A copy of the policy shall be provided to the City upon
request. If the person is self-insured, it shall provide the City
proof of compliance regarding its ability to self-insure and proof
of its ability to provide coverage in the above amounts. Any self-insurance
or deductible above fifty thousand dollars ($50,000.00) must be declared
to and pre-approved by the City. The insurance requirements in this
Section or otherwise shall not apply to a permittee to the extent
and for such period during an agreement as permittee is exempted from
such requirements pursuant to Section 67.1830(6)(a), RSMo., and has
on file with the City Clerk an affidavit certifying that permittee
has twenty-five million dollars ($25,000,000.00) in net assets and
is otherwise, therefore, so exempted unless otherwise provided by
agreement. The City reserves the right to waive any and all requirements
under this Section when deemed to be in the public interest.
B.
Except
as otherwise may be required by law for permittees who have on file
with the City Clerk an affidavit certifying that the permittee has
twenty-five million dollars ($25,000,000.00) in net assets and is
otherwise, therefore, exempted, contractors and utilities owning,
controlling, leasing, maintaining, using or installing facilities
within the right-of-way shall deposit with the City an irrevocable
letter of credit, escrow funds or a surety bond in a form approved
by the City Attorney. The amount of the irrevocable letter of credit,
escrow funds or bond will be five thousand dollars ($5,000.00) or
the value of the restoration, as determined by the City Engineer,
whichever is greater, for a term consistent with the term of the rights-of-way
permit plus one (1) additional year, conditioned upon the person's
faithful performance of the provisions, terms, and conditions conferred
by this Article. Unless otherwise established by the right-of-way
permit, an annual bond in an amount of fifty thousand dollars ($50,000.00)
automatically renewed yearly during this period shall satisfy the
requirement of this Section. In the event the City shall exercise
its right to revoke the right-of-way permit as granted herein, then
the City shall be entitled to recover under the terms of said bond
the full amount of any loss occasioned. Any such letter of credit,
escrow funds or surety bond shall provide that the City of Union has
the right to draw against any such letter of credit, escrow funds
or surety bond in the event the applicant fails to complete the work
in the timeframe(s) established herein.
C.
A copy
of the liability insurance certificate and performance and maintenance
bond must be on file with the City Clerk.
