Except as otherwise provided herein, no ROW user or other person
shall perform excavation work in the ROW without an excavation permit.
Any person desiring to excavate in the ROW shall first apply for an
excavation permit, on an application form provided by the City, and
submit the application fee and pay all applicable fees to obtain an
excavation permit, in addition to any other building permit, license,
easement, or other authorization required by law, unless such excavation
must be performed on an emergency basis as provided herein. An excavation
permit should be obtained for each project unless otherwise provided
for in this Chapter. A separate special permit or lease shall be required
for excavation in or use of any real property interest of the City
that is not ROW.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “Construction Permit Requirement”
to “Excavation Permit Requirement.”
[R.O. 2011 §250.240; Ord. No. 2000-92 §2(4.2), 12-5-2000]
A.
No
person may excavate or obstruct or perform installation within the
public way beyond the date or dates specified in the permit unless
such person:
[R.O. 2011 §250.250; Ord. No. 2000-92 §2(4.3), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
The permit application shall be on the form provided by the Administrator
and at a minimum shall include the following:
1.
Compliance with all necessary registration and authorization
requirements of this Chapter.
2.
If applicable to the work, attachments and scaled drawings showing
the location and area of the proposed project, the location of all
existing and proposed facilities at such location, the length, size,
type and proposed depth of any conduit or other enclosures, the number
and character or each proposed cut or excavation, and the relationship
of all facilities to all existing streets.
3.
A traffic control plan, if applicable, including a work schedule
indicating the extent and duration of such plan.
4.
All applicable permit fees as provided in this Chapter.
5.
Payment of all monies due the City for permit fees and costs,
for prior excavation costs, for any loss, damage or expense suffered
by the City because of the applicant's prior excavations of the rights-of-way
or for any emergency actions taken by the City, unless the payment
of such money is in dispute and timely appealed as provided hereafter.
6.
Any all bonds as provided in this Chapter.
7.
Designation of a local person familiar with the facilities that
shall act as a local agent for the ROW user and shall be responsible
for satisfying any information requirement of this Chapter. The application
shall contain such person's name, address, telephone number, and email
address. Such person shall be the person to whom relocation notices
and other such notices shall be sent, and with whom rests the responsibility
to facilitate all necessary communications. The ROW user shall be
responsible for all costs incurred by the City due to the failure
to provide such information to the City.
[R.O. 2011 §250.260; Ord. No. 2000-92 §2(4.4), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
The Administrator may impose reasonable conditions upon the issuance
of a permit and the performance of the permittee in order to protect
the public health, safety, and welfare, to ensure the structural integrity
of the rights-of-way, to protect the property and safety of the other
users of the rights-of-way, and to minimize the disruption and inconvenience
to the traveling public. Conditions may include the requirement that
an outside consultant be hired with the consultant's compensation
to be paid for by the applicant.
B.
When an excavation permit is requested for purposes of installing
additional facilities and the performance and maintenance bond for
additional facilities is reasonably determined to be insufficient,
the posting of an additional or larger performance and maintenance
bond for the additional facilities may be required.
C.
A permittee shall perform all work in full accord with any and all
applicable engineering codes adopted or approved by the parties and
in accordance with applicable Statutes of the State, and the rules
and regulations of the commission or any other local, State or Federal
agency having jurisdiction over the parties. A permittee shall perform
all work in conformance with all applicable codes and established
rules and regulations and shall be responsible for all work in the
rights-of-way pursuant to its permit, regardless by whom the work
is done by. Every permit issued shall be deemed to incorporate the
requirements and terms of this Chapter, and all applicable ordinances,
to the extent permitted by law
D.
Except in cases of an emergency or with the approval of the Administrator,
no rights-of-way work may be done when conditions are unreasonable
for such work.
E.
A permittee shall not disrupt the right-of-way such that the natural
free and clear passage of water through the gutters or other waterways
is interfered with. Private vehicles may not be parked within or next
to the permit area.
F.
If work is being done for the ROW user by another person, subcontractor
or otherwise, the person doing the work and ROW user shall be liable
and responsibility for all damages, obligations, and warranties herein
described, including ensuring that the excavation by said person is
performed consistent with its permit and applicable law (including
that the contract shall be properly licensed under the State of Missouri
and local ordinances) and shall be responsibility for promptly correcting
acts by said person.
G.
The permittee shall not at any one (1) time excavate or encumber
more of the rights-of-way than shall be reasonably necessary to enable
the permittee to complete the project in the most expeditious manner.
H.
The permittee shall, in the performance of any work required for
the installation, repair, maintenance, relocation and/or removal of
any of its facilities, limit all excavations to those that are necessary
for efficient operation.
I.
The permittee shall not permit such an excavation to remain open
longer than is necessary to complete the repair or installation.
J.
Non-emergency work on arterial and collector streets may not be performed
between the hours of 7:00 A.M. to 8:30 A.M. and 4:00 P.M. to 6:00
P.M., in order to minimize disruption of traffic flow. The permittee
shall perform work on the rights-of-way at such times that will allow
the least interference with the normal flow of traffic and the peace
and quiet of the neighborhood. At no time shall traffic be restricted
to less than two (2) lanes on arterial streets.
K.
The ROW user excavating in the rights-of-way shall cause the excavation
to be done with the least possible injury to the pavement, sidewalk,
curbing, parkway, or other surface and shall place the materials from
the excavation where they will cause the least possible inconvenience
to the public and permit the uninterrupted passage of water along
the gutters.
L.
Before new excavation or construction is commenced and until sodding,
planting, concreting, paving, or other final surfacing is in place,
which will avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets, and the rights-of-way, the ROW
user shall erect and maintain approved temporary erosion control measures
to prevent such washing or spreading of materials. At the end of each
day and as required throughout the day during the course of excavating
or construction, dirt and mud on the sidewalks, curbs, gutters, streets,
and the rights-of-way resulting from work must be removed.
M.
Upon completion of the ROW work involving installation of new facilities,
the ROW user shall supply the City copies of as-built and detailed
maps showing the exact location of facilities installed in the ROW.
N.
The Administrator may limit the number or size of conduits or other
facilities that may be installed by each ROW user based on the reasonable
needs to ensure that no one (1) ROW user may unreasonably consume
a disproportionate amount of the available rights-of-way to deter
competition or deprive the public or others of the reasonable use
of the rights-of-way.
O.
The Administrator may impose other reasonable conditions regarding
the timing, safety precautions, space, or specific implementation
of the specific work proposed.
[R.O. 2011 §250.270; Ord. No. 2000-92 §2(4.5), 12-5-2000]
The City encourages public ways use permittees to jointly apply
for permits to excavate or obstruct or install within the public way
at the same place and time in order to minimize disruption and degradation
to the public ways.
[R.O. 2011 §250.280; Ord. No. 2000-92 §2(4.6), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
An excavation permit is valid only for the area of the right-of-way
specified in the permit. No permittee may do any work outside the
area specified in the permit, except as provided herein. Any permittee
which determines that an area greater than that specified in the permit
must be obstructed or excavated or installed within or is otherwise
necessary must before working in the greater area:
B.
An excavation permit is valid only for the dates specified in the
permit. No construction permittee may begin its work before the permit
start date or, except as provided herein, continue working after the
end date. If a construction permittee does not finish the work by
the permit end date, it must apply for a new permit for the additional
time it needs and receive the new permit or an extension of the old
permit before working after the end date of the previous permit. This
supplementary application must be done before the permit end date.
[R.O. 2011 §250.290; Ord. No. 2000-92 §2(4.7), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
The Administrator has discretion to deny a permit to protect the
public health, safety, and welfare, to prevent interference with the
safety and convenience or ordinary travel over the rights-of-way,
or when necessary to protect the rights-of-way and its users. In exercising
this discretion, the Administrator shall be guided by the safety and
convenience of anticipated travel of the public over the rights-of-way
and the public benefits offered by the ROW user and may consider one
(1) or more of the following factors in denial of the permit:
1.
The applicant fails to provide all necessary information requested
by the City for managing the public right-of-way;
2.
The applicant has failed to return the right-of-way to its previous
condition under a previous permit;
3.
The Administrator has provided the applicant with a reasonable,
competitively neutral and non-discriminatory justification for requiring
an alternative method for performing the work identified in the permit
application or a reasonable alternative route that will result in
neither additional installation expense up to ten percent (10%) to
the applicant nor a declination of service quality;
4.
The Administrator determines that denial is necessary to protect
the public health and safety, provided that such does not extend to
those items under the jurisdiction of the Missouri Public Service
Commission, such denial shall not interfere with a public utility's
right of eminent domain of private property, and such denials shall
only be imposed on a competitively neutral and non-discriminatory
basis;
5.
The area is environmentally sensitive as defined by State Statute
or Federal law or is historic district as defined by City ordinance;
6.
Such other lawful reasons.
[R.O. 2011 §250.300; Ord. No. 2000-92 §2(4.8), 12-5-2000; Ord. No. 2001-54 §2, 5-15-2001]
A.
Emergency Situations. Each person shall immediately notify
the Administrator and, if City offices are not open, the Police Department
of any event regarding its facilities which it considers to be an
emergency. The person may proceed to take whatever reasonable actions
are necessary to directly respond to the emergency. On the first (1st)
business day after the occurrence of the emergency, the person shall
apply for the necessary permits, pay the fees associated therewith
and fulfill the rest of the requirements necessary to bring itself
into compliance with this Chapter for the actions it took in response
to the emergency. If the Administrator becomes aware of an emergency
regarding a person's facilities, the Administrator may attempt to
contact the local representative of each person affected, or potentially
affected, by the emergency. In any event, the Administrator may take
but is not required to take whatever action it deems necessary to
respond to the emergency, the cost of which shall be borne by the
person whose facilities occasioned the emergency or were involved
in the emergency.
B.
Non-Emergency Situations. Except in an emergency, any person
who, without first having obtained the necessary permit, obstructs
or excavates or installs within a public way must subsequently and
immediately obtain a permit, pay double the normal fee for said permit,
deposit with the Administrator the fees necessary to correct any damage
to the public way and comply with all of the requirements of this
Chapter; provided however, taking such subsequent actions shall in
no way limit such person's liability for any failure to comply with
this Chapter or restrict the City's exercise of any and all additional
remedies and actions available to the City for any failure to comply
with the requirements of this Chapter.
C.
Minor Work Exception. The Administrator may, upon submission
of a written detailed explanation of the specific nature of the minor
work to be performed, determine that a construction permit is not
required in connection with minor work. The Administrator will consider
the following in making such a determination:
1.
No excavating of the street pavement will occur.
2.
Not more than one (1) excavating of the public way will occur.
3.
The work is being performed on facilities already in place in the
public ways.
4.
No conduit or other similar facilities are to be installed.
5.
The work is performed in connection with service to existing customers.
6.
The work does not disrupt, hinder or delay open passage or traffic
for more than a total of four (4) hours.
7.
The history of the person performing such work and related restorations
in a responsible and timely manner.
8.
The health, welfare and safety of the public.
[R.O. 2011 §250.310; Ord. No. 2000-92 §2(4.9), 12-5-2000]
If work pursuant to a construction permit begins later or ends
sooner than the date given on the permit, construction permittee shall
notify the Administrator of the accurate information as soon as this
information is known.
[R.O. 2011 §250.320; Ord. No. 2000-92 §2(4.10), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
Permittees hold rights-of-way permits issued pursuant to this Chapter
as a privilege and not as a right. The City reserves its rights, as
provided herein, to revoke any rights-of-way permits, without refund
of the permit fee, in accordance with this Chapter or in the event
of a substantial breach of the terms and conditions of any law or
the rights-of-way permit. A substantial breach shall include, but
not limited to the following:
1.
The violation of any material provision of the permit.
2.
An evasion or attempt to evade any material provision of the
permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
3.
Any material misrepresentation of any fact in the permit application;
4.
The failure to complete the work by the date specified in the
permit, unless a permit extension is obtained or unless the failure
to complete the work is due to reasons beyond the permittee's control;
5.
The failure to correct within the time specified by the City,
work that does not conform to applicable national safety codes, industry
construction standards, or local safety codes that are no more stringent
than national safety codes, upon inspection and notification by the
City of the faulty condition;
6.
Such other lawful reasons.
B.
If a rights-of-way permit is revoked, the permittee shall also reimburse
the City for the City's reasonable costs, including administrative
costs, restoration costs, and the costs of collection and reasonable
attorneys' fees incurred in connection with such revocation.
