[Ord. No. 2195 §2, 8-1-2005]
A.
Except
as otherwise provided herein or for an emergency, no person, service
provider, contractor, subcontractor or right-of-way user shall perform
excavation or work in the right-of-way without a right-of-way permit.
A right-of-way permit shall be approved by the City after submission
of an application and only if the applicant has satisfied the requirements
of this Chapter. The permit form and application shall be prepared
by the City Public Works Director and be available to the public and
shall require such information as is necessary and appropriate to
enforce the requirements and policies of this Chapter. The City shall
not be subject to this requirement provided that all other applicable
requirements of law are satisfied.
B.
Property owners shall bear all responsibility for the maintenance
of landscaping, sprinkler systems, decorations, and any other appurtenances
of the adjacent property owner's land use installed within the
right-of-way and ensure that these do not threaten the public safety
and will remove these items at no cost to the City immediately on
demand of the Public Works Director. Non-governmental signage or permanent
structures shall not be permitted pursuant to this Subsection.
[Ord. No. 3493 §1, 12-21-2015]
C.
Mailboxes and/or driveway aprons damaged or removed by City projects
will be restored as nearly as practicable by the City. Other right-of-way
users must restore mailboxes and driveways at the completion of their
work.
[Ord. No. 3493 §1, 12-21-2015]
[Ord. No. 2195 §2, 8-1-2005; Ord. No. 3155 §1, 3-4-2013]
A.
Except
as otherwise expressly provided in this Chapter, before any permit
required by this Chapter is issued by the Public Works Director, the
applicant therefore shall pay a permit fee of fifty dollars ($50.00)
for each one hundred (100) linear feet of excavation or part thereof,
fifty dollar ($50.00) minimum.
B.
The
Director of Public Works may waive permit fees for work associated
with City projects and other activities sponsored or funded by the
City.
[Ord. No. 2195 §2, 8-1-2005]
A.
The
Public Works Director may impose reasonable conditions upon the issuance
of a right-of-way permit and the performance of the right-of-way user
in order to protect the public health, safety and welfare, to ensure
the structural integrity of the right-of-way, to protect the property
and safety of other users of the right-of-way and to minimize the
disruption and inconvenience to the traveling public. Each right-of-way
permit shall be deemed to incorporate the provisions of this Chapter
as conditions of any permit or activity subject to such permit.
B.
When
a right-of-way permit is requested for purposes of installing additional
facilities and the performance and maintenance bonds for additional
facilities is reasonably determined to be insufficient, the posting
of an additional or larger performance or maintenance bond for the
additional facilities may be required by the Public Works Director,
except as otherwise provided in herein.
C.
A right-of-way
user shall perform all excavation or work in full accord with any
and all applicable engineering codes and standards, national safety
codes, industry construction standards or applicable City Code provisions
or safety codes that are no more stringent than national safety codes
or provisions and in accordance with applicable Statutes of the State
of Missouri and the rules and regulations of the PSC or any other
local, State or Federal agency having jurisdiction over the parties.
A right-of-way user shall perform all excavation or work in conformance
with all applicable codes and established rules and regulations and
shall be responsible for all excavation or work done in the right-of-way
pursuant to its right-of-way permit, regardless of by whom the excavation
or work is done. The right-of-way user shall comply with the excavation
requirements of Missouri One Call established by Sections 319.010,
et seq., RSMo., as amended.
D.
Except
in cases of an emergency or with approval of the Public Works Director,
no right-of-way excavation or work may be done in violation of a stop
work order issued by the Public Works Director if in his or her determination
conditions are unreasonable for such excavation or work based on standard
engineering and construction practices.
E.
If
excavation or work is being done for the right-of-way user by another
person, a subcontractor or otherwise, the right-of-way user shall
be responsible for ensuring that the excavation or work of said person
is performed consistent with its right-of-way permit and applicable
law and shall be responsible for correcting acts or omissions by said
person within forty-eight (48) hours of notification by the City.
F.
The
Public Works Director may establish in the right-of-way permit limitations
on the amount of excavation or work which may occur at one time and
the amount of right-of-way which may be obstructed during construction.
G.
The
right-of-way user shall, in the performance of any excavation or work
required for the installation, repair, maintenance, relocation and/or
removal of any of its facilities, limit all excavation or work to
that necessary for efficient operation.
H.
The
right-of-way user shall not permit excavation or work to remain open
longer than is necessary to complete the repair or installation and,
in no event, may excavation or work remain open beyond the expiration
of the right-of-way permit or any approved extension. The Public Works
Director must approve any excavation left open overnight. Unless otherwise
approved by the Public Works Director, all excavation shall be filled
in or securely covered at the end of each working day. The right-of-way
user assumes the sole responsibility for maintaining proper barricades,
plates, safety fencing and/or lights as required from the time of
opening of the excavation until the excavation is surfaced and opened
for travel.
I.
All
excavations and all right-of-way work which in any way impacts vehicular
or pedestrian traffic shall be properly signed, barricaded and otherwise
protected at the right-of-way user's expense. Such signage and safety
devices shall be in conformance with published specifications relating
to traffic control devices.
J.
Whenever
there is an excavation by the right-of-way user, the right-of-way
user shall be responsible for providing adequate traffic control to
the surrounding area as determined by Public Works Director of the
City. The right-of-way user shall perform work on the right-of-way
at such times that will allow the least interference with the normal
flow of traffic.
K.
The
Public Works Director may limit the number of conduits or other facilities
that may be installed by each right-of-way user based on the reasonable
need to ensure that no one right-of-way user may unreasonably consume
a disproportionate amount of the available right-of-way to deter competition
or deprive the public or others of the reasonable use of the right-of-way.
L.
The
right-of-way user shall participate in any joint planning, construction
and advance notification of excavation or work, including coordination
and consolidation of excavation or work as required by the Public
Works Director. In addition, the right-of-way user shall cooperate
with other right-of-way users and the City for the best, most efficient,
most aesthetic and least obtrusive use of the right-of-way.
M.
The
right-of-way user shall keep and maintain accurate records, maps and
as-built drawings depicting the location of all of its facilities
in the right-of-way. The right-of-way user shall provide two (2) copies
of map in the form required by the City or in such other form as may
be required by law.
[Ord. No. 2195 §2, 8-1-2005]
Any right-of-way user shall not place or cause to be placed
any sort of signs, advertisements or other extraneous markings, whether
relating to the right-of-way user or any other person or entity on
the public right-of-way, except such necessary minimal markings as
approved by the City as are reasonably necessary to identify the facilities
for service, repair, maintenance or emergency purposes or as may be
otherwise required to be affixed by applicable law or regulation.
[Ord. No. 2195 §2, 8-1-2005]
Unless otherwise approved by the Public Works Director in the
attachment, installation, removal, reattachment, reinstallation, relocation
or replacement or otherwise of the facilities, right-of-way user shall
neither remove, cut nor damage any trees or their roots in and along
the streets, alleys and public places of the City. Tree trimming and
pruning may be permitted to occur only after prior approval of the
Public Works Director. The type and extent of trimming and pruning
shall be in accordance with the requirements of the City.
[Ord. No. 2195 §2, 8-1-2005]
A right-of-way permit shall be valid for a reasonable period
as determined by the Public Works Director not to exceed sixty (60)
days. If a right-of-way user does not complete the excavation or work
by the right-of-way permit end date, the right-of-way user must apply
for and receive a new right-of-way permit or right-of-way permit extension
for additional time.
[Ord. No. 2195 §2, 8-1-2005]
A.
The
Public Works Director may deny an application for a right-of-way permit
if:
1.
The right-of-way user or any persons acting on behalf of the right-of-way
user fails to provide all the necessary information requested by the
City for managing the public right-of-way.
2.
The right-of-way user or any persons acting on behalf of the right-of-way
user, including contractors or subcontractors, has a history of non-compliance
or permitting non-compliance within the City. For purposes of this
Section, "history of non-compliance or permitting non-compliance
within the City" shall include the right-of-way user or any
persons acting on behalf of the right-of-way user, including contractors
or subcontractors, who has failed to return the public right-of-way
to its previous condition under a previous right-of-way permit.
3.
The City has provided the right-of-way user with a reasonable, competitively
neutral and non-discriminatory justification for requiring an alternative
method for performing the excavation or work identified in the right-of-way
permit application or a reasonable alternative route that will not
result in additional installation expense of more than ten percent
(10%) to the right-of-way user or a declination of service quality.
4.
The City determines that the denial is necessary to protect the public
health and safety, provided that the authority of the City does not
extent to those items under the jurisdiction of the PSC, such denial
shall not interfere with a right-of-way user's right of eminent domain
of private property and such denials shall only be imposed on a competitively
neutral and non-discriminatory basis. In determining whether denial
of a right-of-way permit application is necessary to protect the public
health and safety, the Public Works Director may consider one (1)
or more of the following factors:
a.
The extent to which the right-of-way space where the right-of-way
permit is sought is available, including the consideration of competing
demands for the particular space in the right-of-way or other general
conditions of the right-of-way.
b.
The applicability of any ordinance, code provision or other regulations
that affect the location of facilities in the right-of-way.
c.
The degree and nature of disruption to surrounding communities and
businesses that will result from the use of that part of the right-of-way,
including whether the issuance of a right-of-way permit for the particular
dates and/or times requested would cause a conflict or interfere with
an exhibition, celebration, festival or any other event.
5.
The area is environmentally sensitive as defined by State Statute
or Federal law.
6.
The failure to comply with applicable City ordinances or any other
reason that would constitute a basis for revocation of a permit.
[Ord. No. 2195 §2, 8-1-2005]
A right-of-way permit is required for emergency situations.
If due to an emergency it is necessary for the right-of-way user to
immediately perform excavation or work in the right-of-way and it
is impractical for the right-of-way user to first get a right-of-way
permit, the excavation or work may be performed and the required right-of-way
permit shall be obtained as soon as reasonably possible, but not later
than one (1) business day after the excavation or work is begun. The
right-of-way user shall immediately notify the Public Works Director
or the Police Department if emergency excavation or work is necessary.
[Ord. No. 2195 §2, 8-1-2005]
Right-of-way users performing routine maintenance which does
not require excavation or work in the right-of-way, does not disrupt
traffic and requires no more than four (4) hours to complete shall
be exempt from the requirement of a right-of-way permit.
