A.
Right-of-way permit required.
(1)
Except as otherwise provided in this article, no person, including persons who have a use permit or may be exempt from the permit requirements in § 650-12F shall direct or perform any activity which causes or results in any disruption or blockage to any City right-of-way without prior approval from the City Commission or City Engineer, as evidenced by a right-of-way permit issued by the City Engineer pursuant to this article. Activity shall be performed in accordance with the disruption permit and in the manner provided for in this article.
(2)
Exceptions. A right-of-way permit is not required for temporary obstructions
which are incidental to the expeditious movement of articles and things
to and from abutting premises; the lawful operation and standing of
vehicles within the part of the City's right-of-way; or for the
lawful and customary use of property by adjoining property owners
for such things as landscaping and lawful repair activities, maintenance
and other activities of, for or on a sidewalk, driveway or other similar
improvement in the City's right-of-way, provided that all other
City-required permits or approvals are first obtained. In the event
of a disruption emergency, including but not limited to natural disaster,
civil disorder, flood, war and/or severe weather condition, a person
and/or a permittee may disrupt the City's right-of-way without
first receiving a disruption permit from the City, provided that the
City Engineer has approved the emergency disruption before it takes
place.
(3)
The City Engineer shall establish reasonable guidelines and requirements
pursuant to the permit requirements, governing the location, timing,
extent of work, method of construction and any other allowable use,
feature or intent in the best interest of the City.
B.
Violations and penalties.
(1)
The following constitutes a violation of this article:
(a)
Failure to obtain a right-of-way permit prior to instigating
any permittable activity under this section.
(b)
Failure to abide by the conditions, allowances and prohibitions
set forth in the right-of-way permit.
(c)
Allowing a permit or required insurances to expire prior to
the completion of all permitted work as set forth in the right-of-way
permit.
(d)
Creating conditions that constitute imminent threat to the public
health, safety or welfare.
(2)
A permittee who violates this section may be subject to the following
penalties:
(a)
Immediate issuance of a stop-work order requiring ceasing and
desisting all construction activities in the right-of-way and on the
abutting parcel.
(b)
Immediate cancellation of all right-of-way permits and suspension
any other City-issued permit issued contingent upon obtaining and
maintaining a valid right-of-way permit pursuant to this article.
(c)
Payment of the required permit fees, as well as any additional
charge established by resolution of the City Commission for that period
of time that the person did not have a valid right-of-way permit pursuant
to this article, within a reasonable time established by the City
Engineer.
C.
Right-of-way permit application, procedures and fees.
(1)
A person that wants to direct or perform any activity which will
or may result in any disruption to the City's rights-of-way shall
apply to the City for a right-of-way permit pursuant to this article.
Every applicant must complete and file an application with the City
Engineer's office in a form designated or provided by the City.
(2)
At the time of filing an application, the applicant must pay to the
City Engineer a nonrefundable application fee in an amount established
by resolution of the City Commission. In addition, after the application
has been reviewed by the City, the applicant shall pay an application
review and processing fee in an amount necessary to reimburse the
City for the costs in reviewing, processing, investigating, granting
or denying and issuing the disruption permit, as estimated by the
City Engineer based on rates and factors established by resolution
of the City Commission. If review and processing costs exceed the
City Engineer's estimate, those costs shall be paid by the applicant
prior to permit issuance.
D.
Right-of-way permit fee. In addition to the nonrefundable application
fee, application review and processing fees, and any other applicable
fees for permits or approvals required by other City ordinances and
applicable laws, the permittee shall pay permit fees in an amount
which will cover all of the City's administrative, inspection,
consulting, plan review, monitoring and other costs in conjunction
with the permittee's activities upon a City easement, property
or right-of-way.
E.
At or prior to the time the City issues the permit, the permittee
shall pay to the City a permit fee in an amount that the City Engineer
has estimated that the City's costs in conjunction with the disruption
are likely to be. Additional right-of-way permit fees may be required
by the City Engineer during construction to cover unanticipated inspection
costs and shall be paid by the permittee within three calendar days
of the City Engineer's notice. If those additional fees are not
paid, the permittee shall immediately restore the work site to a safe
condition and suspend activities authorized under the permit until
the additional fees are paid. Upon completion of the disruption activities,
the permittee shall pay to the City any costs incurred in conjunction
with the disruption activities that are over and above the amount
paid to the City by the permittee as estimated or additional right-of-way
permit fees.
F.
Permit terms and conditions.
(1)
General terms and conditions. The following terms and conditions shall apply to all persons directing or performing disruption or use of City right-of-way, as applicable, and be considered a part of every disruption and use permit issued under this article. The duties, prohibitions and requirements of, and City authority regarding, permittees in Subsection F(2), (3), (8), (9), and (11) through (17) apply to all persons.
(2)
Nonexclusive. A permit shall be nonexclusive and does not restrict
the City from at any time issuing additional permits to other persons
to disrupt and/or use the same City right-of-way. The issuance of
a permit does not establish any priority for the disruption and/or
use of a City right-of-way, and permittees shall coordinate their
work to avoid conflicts with the City and all other persons lawfully
working in the right-of-way.
(3)
Compliance with permit and laws. A permittee shall strictly comply
with all of the terms and conditions of a permit and with all applicable
laws, codes, restrictions and ordinances, including the public utility
notification provisions of Act 53 of the Public Acts of 1974, as amended,[1] and the soil erosion and sedimentation control requirements
of Act 347 of the Public Acts of 1972,[2] as amended.
(4)
Other permits and approvals. A permittee shall not disrupt and/or
use any City right-of-way without first obtaining all other required
City or other governmental permits and approvals and paying all other
applicable fees.
(5)
Transfer/assignment. A disruption permit is not assignable or transferable.
A use permittee shall not transfer, convey and/or assign any of the
rights/privileges granted to it by the City in its permit in whole
or in part, voluntarily, involuntarily, or by operation of law, merger,
consolidation, substantial change in the ownership or control or other
means, without prior written consent of the City Engineer, which shall
not be withheld for reasons unrelated to the ability and/or willingness
of the proposed transferee/assignee to comply with the permit and
all of its terms and conditions. If a permit is assigned in whole
or in part with the approval of the City, the terms and conditions
of the permit shall be binding upon the successors or assigns of the
permittee.
(6)
As-built plans. A permittee shall deliver to the City as-built plans
in a form and at a scale acceptable to the City Engineer for the permitted
improvements which are in the City right-of-way within 30 days after
completion of installation or commencement of use, whichever first
occurs.
(7)
G.I.S. Within 60 days of a request by the City, a permittee shall
provide the City with a geographical information system layer in a
media form acceptable to the City Engineer, which accurately portrays
the permittee's as-built improvements and shall be updated to
accurately reflect any changes to the same which are approved by the
City.
(8)
Additional and/or future use. The issuance of a permit does not confer
rights to any additional disruption and/or use of the City's
right-of-way, except as specifically granted and described in the
permit.
(9)
City modifications and future use. The issuance of a permit does
not prohibit the City from requiring modifications to a permittee's
construction activities or from using the City's right-of-way
in a manner which may interfere with, disrupt or prevent the permittee's
disruption and/or use of the same. Permittees acknowledge and accept
this risk and shall not be entitled to receive any compensation from
the City in the event that the City uses the City right-of-way in
that manner. The expense of making any necessary modifications of
its improvements in order to accommodate a conflict shall be borne
by the permittee.
(10)
No interference in City rights-of-way. A permittee shall not
disrupt a right-of-way or construct, install, locate, maintain, use
or operate its improvements in the City's rights-of-way in a
manner that interferes with City or other lawful use, existing water
mains, gas lines, sanitary sewer lines, drains or drain pipes, or
other improvements that are existing in the City's right-of-way.
Any portion of the permittee's improvements that so interfere
or that will interfere with a proposed public utility or street improvement
project shall, at the request of the City, be removed or modified
by the permittee at its cost, with the permittee not entitled to receive
any compensation from the City. Such removal or modification shall
be made within a reasonable time of request, as stated in a written
notice from the City. If the removal or modification is not made within
such time, the City may remove or modify the interfering improvement(s)
to the extent required and bill the permittee for the expenses incurred
in doing so. If such a bill is not paid in full within 30 days of
the date of billing, the City may recover its expenses from the permittee's
bond. With regard to interferences with the use of the right-of-way
for pedestrian, vehicular or other related purposes, all activities
of a permittee shall be undertaken in a manner to minimize interference,
and all due precautions shall be taken to maximize public safety.
(11)
Plan, schedule and permit compliance; costs. The installation
of improvements in and the permittee's disruption and/or use
of the City's rights-of-way shall be in compliance with the plans
submitted to and approved and all permits issued by the City. All
costs of the permittee's improvements in use of the right-of-way
shall be the sole responsibility of the permittee. All construction
and installation of improvements in the City's rights-of-way
shall be performed by the permittee in compliance with the schedule
submitted to and approved by the City Engineer, shall be done and
maintained with all necessary precautions to prevent injury or damage
to persons and property and in a good and workmanlike fashion in accordance
with recognized construction industry and other applicable standards
and shall be subject to inspection and final approval of the City.
(12)
Restoration of property. The permittee shall restore any portion
of the City's right-of-way that is disrupted by the construction,
installation, location, maintenance, use or operation of its improvements.
The disrupted right-of-way shall be restored and returned to a condition
that is as good or better than that which existed at the time the
disruption occurred. The time period and the manner in which the restoration
is to take place shall be established by the City, and, in the event
the permittee does not complete the restoration in that time and/or
does not undertake the restoration in the manner approved by the City,
the City may, upon written notice to the permittee, complete the repair
and restoration and recover its costs from any bond posted by the
permittee. If the bond does not cover all the costs incurred by the
City, the permittee shall immediately pay the outstanding balance
of the costs to the City and reinstate the required bond.
(13)
Maintenance and repair. During the term of a permit, the permittee
shall maintain and repair its improvements in a good and workmanlike
condition. If the permittee fails to do so, the City may send a written
notice to the permittee to correct the defective condition within
a specified time. If the defective condition is not corrected within
the time allowed, the City shall be entitled, at its sole discretion,
to perform said maintenance and repair, correct the defect and/or
remove the improvement, and bill the cost of the same to the permittee.
If such a bill is not paid in full within 30 days of the date of billing,
the City may recover its costs from any bond posted by the permittee.
In the event the bond does not cover all the costs incurred by the
City, the permittee shall immediately pay the outstanding balance
of the costs to the City and reinstate the required bond.
(14)
Removal and/or relocation for or by City. A permittee shall
remove, relocate and/or disconnect any portion of its improvements
located in the City's rights-of-way when the permittee is advised
in writing by the City that the same is necessary for the City to
do any construction, excavation, maintenance, repair or other work
in furtherance of the public health, safety and welfare. The City
may remove, relocate, damage, disrupt and/or disconnect a permittee's
improvements in the event of an emergency, including but not limited
to civil disorder, war, disaster, accident, fire, flood or severe
weather occurrence, if the same is determined to be necessary to protect
the public health, safety and welfare, with the City not being liable
to the permittee or any persons receiving the permittee's services
for any damages or injuries caused by the City's actions.
(15)
Vacation/abandonment. If a right-of-way is vacated, discontinued,
abandoned, terminated and/or released, the permittee's right
to use that area of land shall immediately terminate, and the permittee
shall remove its improvements therefrom.
(16)
Removal upon expiration or termination of use permit. Upon the
expiration or termination of a permit, or if the permittee abandons
or ceases operating or using its improvements in the City's rights-of-way,
within three months or a longer time period established by the City
Commission, the permittee shall remove all of its improvements from
the City's right-of-way and restore the area to a condition that
is as good as or better than that which existed prior to the installation
and use of its improvements in the City right-of-way. If the permittee
and City agree that it would not be in the best interest of the public
health, safety and welfare for the permittee to remove its improvements
and the City agrees to accept ownership of same, at no cost to the
City, the permittee shall convey the improvements to the City, who
may thereafter use the improvements. The decisions as to whether a
permittee shall remove its improvements from the City's right-of-way
and whether the City will accept ownership, and if so, any conditions,
is in the sole discretion of the City Commission.
(17)
Notice of commencement and completion of permitted activities.
At least 48 hours prior to commencing or performing activities allowed
by a permit, the permittee shall notify the City Engineer to arrange
for inspection of the activities by the City. Within five days of
completing permitted activities, the permittee shall notify the City
Engineer so that final inspection may be made.
(18)
Personnel and equipment identification. Personnel, including
contractors, of the permittee conducting permitted activities shall
at all times wear or have clearly visible identification as a representative
of the permittee, and all vehicles and equipment used in the activities
shall be clearly identified with the permittee's name.
(19)
Prohibited workdays. Except for emergencies, no disruption activities
shall be performed on Sundays or legal holidays without the written
authorization of the City Engineer.
(20)
Traffic control. The permittee shall furnish, install and maintain
all necessary traffic controls and protection during disruption activities
in accordance with the current edition of the Michigan Manual of Uniform
Traffic Control Devices and any special instructions set forth in
the permit.
(21)
Private property. A permit does not authorize entry upon private
property or the use of private water supplies.
G.
Right-of-way permit term and extension.
(1)
The right-of-way permit granted to the permittee by the City shall
be for a specified time period established by the City Engineer based
upon the information contained in the permit application.
(2)
Prior to the expiration of the term of the right-of-way permit, a
permittee may apply in writing to the City Engineer for an extension
of the permit, which shall be granted by the City Engineer if the
permittee demonstrates a valid reason and provides an explanation
for why the disruption activities could not be completed during the
term initially established. For purposes of seeking an extension of
its right-of-way permit, the applicant shall pay an extension application
fee to the City Engineer in an amount established by resolution of
the City Commission. The City Engineer shall have the right to impose
additional conditions on right-of-way permit extensions.
H.
Revocation of permit and stop-work orders. All right-of-way permits
shall be subject to stop-work orders and/or revocation under the standards
and procedures contained in this article.
