[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.