[R.O. 2004 § 505.020; Ord. No.
01-34 § 1, 12-11-2001]
To the extent permitted by law, this Article shall apply to
all persons desiring to construct, operate or maintain facilities
in, along, across, under or over public rights-of-way within the City.
[R.O. 2004 § 505.030; Ord. No.
01-34 § 2, 12-11-2001]
For the purposes of this Article, the following terms, phrases,
words and abbreviations shall have the meanings given herein, unless
otherwise expressly stated. When not inconsistent with the context,
words used in the present tense include the future tense and vice
versa, words in the plural number include the singular number and
vice versa, and the masculine gender includes the feminine gender
and vice versa. The words "shall" and "will" are mandatory, and "may"
is permissive. Unless otherwise expressly stated or clearly contrary
to the context, terms, phrases, words and abbreviations not defined
herein shall be given the meaning set forth in the City ordinance,
and if not defined therein, their common and ordinary meaning.
The specific person applying for and receiving a permit under
this Chapter.
That form designed by the City Engineer which an applicant
must use to obtain a permit to conduct facilities work across, over
or under the City's right-of-way.
The City of Weldon Spring, Missouri.
The City Administrator or his/her designee.
The City Engineer or his/her designee.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed or otherwise displaced by means of any tools, equipment or
explosives, except that any de minimis displacement or movement of
ground caused by pedestrian or vehicular traffic or any other activity
which does not disturb or displace surface conditions of the earth,
asphalt, concrete, sand, gravel, rock or any other material in or
on the ground shall not be deemed excavation.
Any conduit, duct, line, pipe, wire, hose, cable, culvert,
tube, pole, receiver, transmitter, satellite dish, micro call, Pico
cell, repeater, amplifier or other device, material, apparatus or
medium usable (whether actually used for such purpose or not) for
the transmission or distribution of any service or commodity installed
below or above ground within the public rights-of-way of the City,
whether used privately or made available to the public.
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut.
A permit granted by the City Engineer to do facilities work
within the public rights-of-way.
An individual, partnership, association, joint stock company,
trust, organization, limited liability company, corporation or other
entity or any lawful successor thereto or transferee thereof, but
such term does not include the City.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, parkway or other similar
property in which the City now or hereafter holds any property interest
which was dedicated as rights-of-way. No reference herein or in any
permit to "public rights-of-way" shall be deemed to be a representation
or guarantee by the City that its interest or other right to control
the use of such property is sufficient to permit its use for such
purposes. "Public rights-of-way" does not include the airwaves above
the rights-of-way with regard to cellular or other non-wire telecommunications
or broadcast services or easements obtained by utilities or private
easements in platted subdivisions or tracts.
[Ord. No. 23-06, 5-11-2023 [1]]
A.
Permit Requirements.
1.
No person shall conduct any excavating work within the public
right-of-way without first obtaining a right-of-way permit from the
City for such excavation, in addition to any other permit, license,
easement, or authorization required by law.
2.
All applications for permitted work in the right-of-way shall
be submitted to the City Engineer. Each application must include the
following information:
a.
Any names, addresses, and telephone numbers of companies (i.e.,
parent company, contractor, and subcontractor) that are associated
with the application and the project.
b.
A summary explaining the purpose of the project and how long
the project would affect the right-of-way.
c.
A Certificate of Insurance (COI) for each permit.
(1)
The COI must be co-listed by the parent company,
contractor, and the sub-contractor when applicable.
(2)
The COI must identify the City of Weldon Spring,
its elected officials and employees as an additional insured and as
the certificate holder when applicable.
(3)
The minimum coverage for commercial general liability
is one million dollars ($1,000,000.00) per each occurrence; however,
the coverage amount may be increased by the City based upon applicable
risk factors. The minimum coverage for large scale utility and/or
development projects is two million five hundred thousand dollars
($2,500,000.00)
(4)
To the extent allowed or imposed by law, the permit
holder agrees to hold harmless the City, its elected officials and
employees from all liability, judgments, costs, expenses and claims
growing out of injury or damages of any nature whatsoever, to any
person or property arising out of performance or non-performance of
said work, or existence of said improvements. The permit holder shall
carry commercial general liability insurance and commercial automobile
liability insurance from a company authorized to issue insurance in
Missouri, and to name the City its elected officials and its employees,
as additional named insured.
d.
Plans for large scale utility/development projects work must
be sealed by a registered professional engineer in Missouri showing
what exactly is being done in the right-of-way. The plans shall show
the right-of-way limits for each road where the proposed utility or
other improvements will be constructed. The only work permitted by
the City will be work within the right-of-way limits. Any right-of-way
limits in question must be determined by a professional land surveyor
licensed in Missouri.
e.
A timeline schedule for the "large scale projects" shall be
provided.
(1)
Large scale projects shall be defined as those
projects encompassing a scope of work occurring adjacent to or on
three (3) or more properties/lots or work consisting of three hundred
(300) or more linear feet in length whichever is greater.
(2)
A right-of-way/maintenance bond of ten thousand
dollars ($10,000.00) or the value of the public improvements in the
disturbed area, whichever is greater, may be required as deemed appropriate
by the City Engineer.
f.
The applicant must pay the following fees:
(1)
The fee is one hundred fifty dollars ($150.00)
per permit.
(2)
Any fees/escrows collected pursuant to this Section
will be used only to reimburse the City for its actual incurred cost
of managing the rights-of-way and will not be used to generate revenue
to the City above such costs.
(3)
Fees/escrows are charged to recover the City's
actual costs for an applicant's facilities work in the right-of-way,
including the costs of processing permits, inspections and administration
of this Section, excluding legal fees relating to the interpretation
or enforcement of this Section, including all such appeals.
(4)
Should the fees charged to the permittee/applicant
not sufficiently cover the City's costs to review, inspect, and
ensure compliance with this Section, the City may require additional
fees to cover the City's costs.
3.
Each permittee shall hold no more than three (3) excavation
permits at the same time unless approved by the City.
4.
All permit holders for permitted work in the right-of-way shall
fully restore disturbed areas with comparable or like materials and
configurations and be completed in the manner that existed prior to
the start of work.
5.
Each excavation permit shall automatically expire after one
hundred twenty (120) days but may be extended by thirty (30) days
upon written request by the permittee, and at the discretion of the
City Engineer.
B.
Excavation Done Without A Permit.
1.
Emergency Work.
a.
In cases where excavations must be conducted within the public right-of-way on an emergency basis, obtaining a right-of-way permit under Subsection (A) of this Section 505.040, prior to the excavation is not required. The person performing such an emergency excavation within public right-of-way shall immediately notify the City of the location and nature of the emergency if said excavation is performed during normal business hours. If emergency excavation must occur outside of normal business hours a message should be left with City Hall, attention City Engineer; provided, however, said person shall apply for the excavation permit required by Subsection (A) of this Section 505.040. for the emergency excavation by the next business day and shall comply with the requirements of this Section.
b.
Any person performing an emergency excavation shall make reasonable
efforts to contact each public utility right-of-way user affected
by the emergency excavation.
2.
Except in the case of an emergency, any person who, without
first having obtained the necessary right-of-way permit, who performs
excavation(s) within a public right-of-way must, in addition to any
penalties provided for the violation of ordinances of the City, subsequently
obtain a right-of-way permit, pay double the normal fees for said
right-of-way permit, deposit with the City all monies necessary to
repair any damage caused by the unauthorized excavation in the public
right-of-way, and comply with all of the requirements of this Ordinance
and of all other City ordinances.
C.
Safety Requirements.
1.
The permit applicant must submit a traffic control plan (TCP)
conforming to the Manual on Uniform Traffic Control Devices (MUTCD)
for any work on, or adjacent to, a public roadway. Traffic Control
Plans for major utility work shall be sealed by a registered licensed
professional engineer in Missouri.
2.
No public roads may be temporarily closed or have lane closures
during morning (6:00 A.M. to 9:00 A.M.) or afternoon (3:00 P.M. to
6:00 P.M.) hours Monday through Friday unless approved by the City.
3.
No equipment or materials may be stored overnight on the public
right-of-way.
4.
All workers present within the public right-of-way must wear
the proper personal protective equipment (PPE) and carry identification
(ID) cards available to the public upon request.
5.
The permit holder will be responsible to contact and notify
all police, fire, EMS and school districts impacted by any longer
duration of roadway closure impeding traffic.
6.
Prior to beginning work, the applicant must request from the
established Missouri One-Call System, the location of all utilities
in the right-of-way. The applicant will make every effort to assure
no other utilities or improvements are impacted by the proposed utility
work.
7.
For all underground borings:
a.
All boring equipment shall be calibrated in accordance with
the manufacturer's specifications.
8.
For any land disturbance activity, the permit holder shall install
erosion and sediment control measures as necessary to prevent pollution
of streams, lakes, ponds and wetlands, and to prevent silt from entering
or leaving the City right-of-way. The permit holder agrees to restore
vegetation with seed and mulch, sodding, or other approved methods,
prior to removal of sediment control devices.
9.
The City Engineer may include in permits additional conditions
and requirements as are reasonably necessary to protect structures
and facilities in the public right-of-way from damage and for the
proper restoration of such public rights-of-way, structures, and facilities
and for the protection of the public and the continuity of pedestrian
and vehicular traffic.
10.
Any disruption of the public right-of-way should be minimized.
11.
There should be no significant disruption or any damage to the
public right-of-way.
12.
All work covered under this permit is to be in accordance with
the St. Charles County Highway Design Standards, the City of Weldon
Spring Ordinances and the Manual on Uniform Traffic Control Devices
(MUTCD current edition) where applicable.
13.
All costs incurred due to the issuance of this permit shall
be borne by the permit holder, the permit holder's successors,
and assigns.
D.
Denials And Appeals.
1.
The City may deny a permit application for the following reasons
if deemed in the public's interest:
a.
Undisputed past-due fees from prior permits;
b.
Failure to return the right-of-way to its previous condition
under previous permit;
c.
Undue disruption to existing utilities, transportation, or City
uses;
d.
Area is environmentally sensitive as defined by State or Federal
laws;
e.
Failure to provide required information; or
f.
The permit applicant is in violation of the provisions of this
Section.
2.
Appeal Process.
a.
The initial appeal from any permit denial shall be to the City
Administrator, and the appeal shall be acted upon by the City Administrator
within five (5) business days; and
b.
If denied by the City Administrator the permit applicant may
then appeal to the Board of Aldermen of the City, which shall consider
the appeal at its next regular Board meeting.
c.
Any vote by the Board of Aldermen must be a two-thirds (2/3)
vote to approve an appeal of a denial.
E.
Violations.
1.
Any permit holder shall at all times be subject to all lawful
exercise of the police powers of the City, including, but not limited
to, all powers regarding zoning, supervision of construction and control
of public right-of-way.
2.
The obtaining of this permit does not relieve the applicant
of the responsibility for obtaining other permits required by the
City or any other agency having jurisdiction.
3.
No action or omission of the City shall operate as a future
waiver of any rights of the City under this Section.
4.
The City shall have the maximum plenary authority to regulate
applications, permits and facilities work as may now or hereafter
be lawfully permissible. Except where rights are expressly granted
or waived by a permit, they are reserved, whether or not expressly
enumerated. This Section may be amended from time to time, and in
no event shall this Section be considered a contract between the City
and an permit holder such that the City would be prohibited from amending
any provision hereof.
5.
The City shall have the authority to issue a stop work order
to any person, entity, or responsible party who begins work without
first obtaining the proper permit(s) and approval from the City.
[1]
Editor's Note: This ordinance also repealed former Section
505.040, Permitting Provisions, adopted by R.O. 2004 § 505.040;
as amended by Ord. No. 01-34 § 3, 12-11-2001.
[R.O. 2004 § 505.050; Ord. No.
01-34 § 4, 12-11-2001]
A.
Oversight Of Facilities Work.
1.
An applicant shall construct, operate and maintain facilities
subject to the supervision of the City Officials who have jurisdiction
in such matters and in strict compliance with this Article, all applicable
zoning and construction permitting ordinances, departmental rules
and regulations.
2.
Facilities work shall be subject to periodic inspection by the
City.
3.
The City Engineer shall have full access to all portions of
facilities work and may issue stop-work orders and corrective orders
to prevent unauthorized work. Such corrective or stop-work orders
shall state that work not authorized by the permit is being carried
out, summarize the unauthorized work and provide a period of time
to cure the problem, which cure period may be immediate if certain
activities must be ceased to protect the public safety and may be
delivered personally or by certified mail to the address listed on
the application for permit or to the person in charge of the construction
site at the time of delivery. Such orders may be enforced by equitable
action in the Circuit Court of St. Charles County, Missouri, and if
the City prevails in such case, the person involved in the facilities
work shall be liable for all costs and expenses incurred by the City,
including reasonable attorneys' fees in enforcing such orders, in
addition to any and all penalties established in this Article.
4.
Any person who engages in facilities work in the public rights-of-way
and who has not received a valid permit from the City shall be subject
to all requirements of this Article. Except in those instances where
facilities work must be performed on an emergency basis, the City
may, in its discretion, at any time until a permit is secured, order
the facilities work stopped and do any of the following: require such
person to apply for a permit within ten (10) days of receipt of a
written notice from the City that a permit is required; require such
person to remove its property and restore the affected area to a condition
satisfactory to the City; or take any other action it is entitled
to take under applicable law, including, but not limited to, filing
for and seeking damages.
B.
Construction Standards.
1.
The construction, operation, maintenance and repair of facilities
shall be in accordance with applicable health, safety and construction
codes.
2.
All facilities shall be installed and located with due regard
for minimizing interference with the public and with other utility
users of the rights-of-way, including the City.
3.
An applicant shall not place facilities where they will damage
or interfere with the use or operation of previously installed facilities
or obstruct or hinder the various utilities serving the residents
and businesses in the City of their use of any public rights-of-way.
4.
Any and all public rights-of-way disturbed or damaged during
the facilities work shall be promptly repaired or replaced by the
applicant to its previous condition.
5.
Any contractor or subcontractor used for facilities work must
be properly licensed under laws of the State and all applicable local
ordinances and each contractor or subcontractor shall have the same
obligations with respect to its work as an applicant would have hereunder
and applicable laws if the work were performed by the applicant. The
applicant shall be responsible for ensuring that the work of contractors
and subcontractors is performed consistent with its permits and applicable
law, shall be fully responsible for all acts or omissions of contractors
or subcontractors, and shall be responsible for promptly correcting
acts or omissions by any contractor or subcontractors.
[R.O. 2004 § 505.060; Ord. No.
01-34 § 5, 12-11-2001]
A.
Performance Bond.
1.
Prior to any facilities work in the public rights-of-way, an
applicant shall establish in the City's favor a performance bond in
an amount determined by non-discriminatory regulations promulgated
by the City Engineer as necessary to ensure the applicant's faithful
performance of the facilities work. Differences in bond requirements,
including provisions for self-insurance or provisions for a single
continuing bond where facilities work is conducted by the same applicant
under numerous permits, may be established by regulation based on
the extent or nature of the facilities work and the past performance
of the applicant. In lieu of a performance bond, applicant may provide
an acceptable substitute with the approval of the City Engineer.
2.
In the event an applicant fails to complete the facilities work
in a safe, timely and competent manner, there shall be recoverable,
jointly and severally from the principal and surety of the bond, any
damages or loss suffered by the City as a result, plus a reasonable
allowance for attorneys' fees, up to the full amount of the bond.
3.
Upon completion of the facilities work to the satisfaction of
the City Engineer, the City Engineer shall eliminate the bond or reduce
its amount after a time appropriate to determine whether the work
performed was satisfactory, which time shall be established by the
City Engineer considering the nature of the work performed.
4.
A performance bond shall be issued by a surety acceptable to
the City and shall contain the following endorsement:
|
"This bond may not be canceled or allowed to lapse until sixty
(60) days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
|
5.
The applicant shall, at its sole cost and expense, indemnify,
hold harmless and defend the City, its officials, boards, board members,
commissions, commissioners, agents and employees against any and all
claims, suits, causes of action or proceedings and judgments for damages
or equitable relief which are caused by the acts, errors and omissions
of applicant arising out of the construction and maintenance of its
facilities.
6.
Recovery by the City of any amounts under the performance bond
or otherwise does not limit an applicant's duty to indemnify the City
in any way, nor shall such recovery relieve an applicant of its obligations
under a permit or reduce the amounts owed to the City other than by
the amounts recovered by the City under the performance bond or in
any respect prevent the City from exercising any other right or remedy
it may have.
[R.O. 2004 § 505.070; Ord. No.
01-34 § 6, 12-11-2001]
A.
Compliance With Laws. Each applicant shall comply with all applicable
City ordinances, resolutions rules and regulations heretofore and
hereafter adopted or established.
B.
Franchises Not Superseded. Nothing herein relieves the applicant
or the City from any obligations under an existing franchise. Nothing
herein shall be deemed to relieve an applicant of the provisions of
any existing franchise, license or other agreement or permit.
C.
Rights And Remedies.
1.
The exercise of one (1) remedy under this Article shall not
foreclose use of another, nor shall the exercise of a remedy or the
payment of damages or penalties relieve an applicant of its obligations
to comply with its permits. Remedies may be used alone or in combination;
in addition, the City may exercise any rights it has at law or equity.
2.
The City hereby reserves to itself the right to intervene in
any suit, action or proceeding involving any provisions of this Article.
3.
No applicant shall be relieved of its obligation to comply with
any of the provisions of this Article by reason of any failure of
the City to enforce prompt compliance.
D.
Incorporation By Reference. Any permit granted pursuant to this Chapter
shall by implication include a provision that shall incorporate by
reference this Chapter into such permit as fully as if copied therein
verbatim.
E.
Force Majeure. An applicant shall not be deemed in violation of provisions
of this Article where performance was rendered impossible by war or
riots, civil disturbances, floods or other natural catastrophes beyond
the applicant's control and a permit shall not be revoked or an applicant
penalized for such non-compliance, provided that the applicant takes
immediate and diligent steps to bring itself back into compliance
as soon as possible under the circumstances with its permit without
unduly endangering the health, safety and integrity of the applicant's
employees or property, the public, public right-of-way, public property
or private property.
F.
Calculation Of Time. Unless otherwise indicated, when the performance
or doing of any act, duty, matter or payment is required under this
Article or any permit and a period of time is prescribed and is fixed
herein, the time shall be computed so as to exclude the first and
include the last day of the prescribed or fixed period of time.
G.
Severability. If any term, condition or provision of this Article
shall, to any extent, be held to be invalid or unenforceable, the
remainder hereof shall be valid in all other respects and continue
to be effective. In the event of a subsequent change in applicable
law so that the provision that has been held invalid is no longer
invalid, said provisions shall thereupon return to full force and
effect without further action by the City and shall thereafter be
binding on the applicant and the City.
[R.O. 2004 § 505.080; Ord. No.
01-34 § 7, 12-11-2001]
The provisions hereof shall specifically apply to any lands
or property annexed as of the date of such annexation.
[R.O. 2004 § 505.090; Ord. No.
01-34 § 8, 12-11-2001]
Whenever, by reason of changes in the grade or widening of a
street or in the location or manner of constructing a water pipe,
drainage channel, sewer or other City-owned underground or aboveground
structure, it is deemed necessary by the City to move, alter, change,
adapt or conform the underground or aboveground facilities of the
user, the user shall make the alterations or changes on alternative
right-of-way provided by the City, if available, as soon as practicable
after being so ordered in writing by the City without claim for reimbursement
or damages against the City.
[R.O. 2004 § 505.100; Ord. No.
01-34 § 9, 12-11-2001]
Any standards in this Article relating to facilities work shall
be fully applicable to work performed by the City and its departments.
