The provisions of this division are to assure that all street cuts and excavations conducted by a person or utility or its authorized agent, including, but not limited to, any contractor or service provider, within the city’s right-of-way are conducted and restored in accordance with the city’s design standards for construction.
(Ordinance 0241, sec. 1, adopted 12/12/17)
City right-of-way.
Any street, alley, sidewalk, parkway, or driveway within the right-of-way within the city limits.
Design standards for construction (DSC).
The most recent edition of the regulations of the city engineer providing design standards for the construction or restoration of any cut or excavation in the city right-of-way, which may be approved or amended by the city council by resolution.
Emergency.
An occurrence or imminent threat of widespread or serious damage, injury to the health or safety of the public, or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, oil spill or other water contamination, epidemic, air contamination, drought, infestation, explosion, extreme heat, freeze or other public calamity requiring emergency work.
Emergency work.
Those operations and repairs in city right-of-way necessary to prevent damage or injury to the health or safety of the public, or any person and the work necessary to address a service interruption. Upgrading of facilities, new service installation and neighborhood improvement projects are not considered emergency work.
Facilities.
The plant, equipment, and property, including but not limited to lines, poles, valves, mains, pipes, conduit, ducts, cables, and wires located under, on, or above the surface of the ground within the city right-of-way, and related facilities and equipment used or useful for the provision of utility services.
Normal city work hours.
City workdays from 8:00 a.m. to 3:00 p.m. Saturday, Sunday and official city holidays are not included in city workdays.
Parkway.
The area of the city right-of-way from the back of the curb to the right-of way line.
Permittee.
The person or utility that has received a permit pursuant to this division.
Person.
An individual, governmental entity or business entity who is the property owner, or their tenant, contractor, service provider, agent or authorized representative, but not including a resident as defined herein.
Property.
A parcel of land having a property or parcel identification number issued by the Central Appraisal District.
Public utility or utility.
Any privately or publicly owned entity: (i) created, operated and/or regulated by federal, state or local law which uses public rights-of-way to furnish to provide certain services to the public, including, without limitation, sanitary sewer, stormwater, gas, electricity, water, telephone, wireless, cable television, communications, telecommunications, gas or petroleum products, telegraph, or (ii) which operates in the city limits under a franchise from the city or state or pursuant to federal law, together with equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this division.
Resident.
An individual property owner of a single-family residence who is not required to register as a contractor in the city under Ordinance 0069 [article 4.02 of this code] or similar ordinance.
Temporary traffic control.
Stationary traffic control work exempt from the requirement to submit a traffic control plan that is performed between 6:00 a.m. and 8:00 p.m. at one (1) work zone for more than 1 hour within a single daylight period. Such temporary work will comply with approved design traffic control standards (DTCS).
Traffic control plan.
A plan required pursuant to section 3.06.244 describing traffic control measures to be used for facilitating users through a work zone in a city right-of-way. Traffic control plans for work that will require closures of city right-of-way in excess of one (1) day and which are required under this division shall be signed by an engineer licensed to practice in the state.
Work.
Any cut or excavation in the city right-of-way and/or any construction activities within the city right-of-way, including but not limited to public works projects by governmental entities, but shall not include repair and maintenance activity conducted by the city or its contractors.
(Ordinance 0241, sec. 2, adopted 12/12/17)
(a) 
No person shall make and perform any work or cause to be made any cut or excavation in or under the city right-of-way without having first obtained a permit as required in this division. A permittee who obtains a permit issued pursuant to this division which allows sidewalk cuts will not be required to obtain an additional separate sidewalk permit pursuant to the requirements of Ordinance 0039 [article 3.06, division 3 of this code].
(b) 
Every public utility having permanent installations in or under streets, alleys, parkways or any other city right-of-way or city-owned property, including all those authorized by local or state law or franchise, or by a special privilege license approved by the city shall obtain permits as required in this division.
(c) 
A separate permit shall be obtained for each cut (address) or excavation to be made.
(d) 
When an emergency occurs that requires an excavation, no permit shall be required prior to beginning emergency work needed to respond to the emergency. All other work shall not proceed until a permit has been issued. The director of public works or designee shall be notified of the emergency as soon as possible. Limitations on hours of work in this division shall not apply to work required in response to an emergency. A permit shall be submitted as soon as possible but no later than noon of the first city business day following the day the emergency occurred.
(e) 
Permits shall be required for any public works projects performed by any city, county, state or federal agency, provided that no permit fee shall be required for such projects.
(Ordinance 0241, sec. 3, adopted 12/12/17)
(a) 
The application for the permit required by this division shall be made in writing and in person on a form approved by the director of public works and shall be signed by the applicant or an individual who is authorized in writing to act as the agent of the applicant. No one may apply for a permit for another person or utility except that the applicant may in writing designate under penalty of perjury a duly authorized employee, representative or agent to act on the applicant’s behalf. The application and accompanying documentation shall be submitted to the city for the review and approval of the director of public works or designee based on the standards set forth in this division and shall include the following:
(1) 
The name, address, telephone numbers and e-mail address of the applicant and the person or its agent or contractor responsible for performing the work under the permit;
(2) 
Location where the work will be performed including the street address of the property or adjacent property(ies) and the parcel identification number(s) of the central appraisal district given to such property(ies);
(3) 
The duration and schedule of the work;
(4) 
The description of the work, including but not limited to drawings showing the dimensions and characteristics of the proposed cut/excavation and restoration, a plan view of the work area, cross-sections of the backfill requirements and such other design information as may be required by the director of public works or designee;
(5) 
A traffic control plan;
(6) 
Certificates of insurance and permit bond;
(7) 
The one-call system verification number for the work related to the permit; and
(8) 
The name of the barricade company responsible for setting up the perimeter of the traffic control area, if applicable.
(b) 
An applicant requesting a permit under this division shall be responsible for contacting the current utility locater service system servicing the area and will be required to furnish a verification number confirming that such request has been made as part of the application for permit. A permit issued under this division shall be denied for the failure of the applicant to contact the current utility locater service system servicing the area, and to provide a verification number confirming that such contact has been made by the applicant. This requirement, however, shall create no duty, express or implied, on the part of the city to verify that the applicant notified the current utility locater service system and received a verification number.
(Ordinance 0241, sec. 4, adopted 12/12/17)
(a) 
A permittee shall submit traffic control plans at least 14 calendar days before the work begins. Failure to submit and obtain approval of a traffic control plan for the work that is the subject of a permit issued under this division shall result in the revocation of a permit issued pursuant to this division. Traffic control plans required for emergency work are not subject to the 14-day requirement; however, they shall be submitted at the time of application.
(b) 
A permittee shall request appointments for inspections by city inspectors for backfill, two sack, asphalt or concrete placement by calling the director of public works or designee. Requests shall be made on or before the city work day prior to the day the permittee wishes the inspection to take place. Appointments shall be made subject to the availability of the city inspectors. Inspections not performed during normal city work hours shall be subject to the after-hours inspection fee in section 3.06.245 [3.06.246].
(c) 
A permittee shall begin the permitted work within thirty (30) consecutive calendar days after the date the permit was issued, and shall pursue completion of the work with reasonable diligence. In the event that the permittee fails to begin work or reasonably pursue completion, the permit shall expire and a new permit will be required. The permit shall clearly identify the expiration date of the permit. If a permittee does not complete the work by the permit expiration date, the permittee must apply for and may be granted a permit extension for an additional thirty (30) consecutive calendar days. An application for the extension of the term of the permit must be submitted to the city for approval by the director of public works or designee prior to the expiration date.
(Ordinance 0241, sec. 5, adopted 12/12/17)
(a) 
Fees.
The established fees shall be as follows:
(1) 
Permit fee.
The permit fee shall be charged for each permit issued, unless exempted in this division. The permit fee shall be paid when the permit is issued, and shall not be refunded.
(2) 
Exemption from payment of permit fee.
No permit fee will be charged to a utility that pays franchise fees under a franchise agreement with the city or pursuant to state law, a utility exempt for payment of fees under state or federal law, a city department, or for any public works project performed by a city, county, state, or federal agency (“exempt entity”). Contractors applying for a permit to perform work on behalf of an exempt entity shall not be required to pay the permit fee when the applicant provides (i) the utility’s verification to the city that such contractor is the agent and authorized representative of the utility for the permit work, or (ii) a governmental entity’s verification that such contractor is the agent or authorized representative working on the county, state, or federal public works project under the permit.
(3) 
Initial inspection fee.
The permit fee includes the city’s cost of up to three inspections of the permitted work during normal city work hours by city employees.
(4) 
Permit extension fee.
The permit extension fee shall be forty percent (40%) of the original permit fee and shall be charged for each thirty-day extension of the permit. Permit extension fees shall be paid prior to issuance of each extension. No permit extension fee will be charged to exempt entities. Each permit extension includes one additional inspection of the permitted work during normal city work hours by city employees.
(5) 
Additional inspection fee.
Permittees shall pay an additional inspection fee that shall be charged for each inspection by the city that is in addition to the three inspections included in the initial inspection fee and any additional inspections paid for through permit extensions or failure to make corrections, pass an inspection or following a violation and the issuance of a citation and imposition of a penalty as permitted herein.
(6) 
After-hours inspection fee.
An inspection fee for inspections performed by city employees during hours other than normal city work hours shall be charged for a minimum of two hours and any portion of an hour thereafter.
(b) 
Insurance and bond requirements.
No permit shall be issued under this division to any person or utility applying for a permit until such applicant or its authorized agent has registered with the city as a contractor and has provided the required bond and insurance requirements as set forth in Ordinance 0069 [article 4.02 of this code].
(1) 
Applicants who have provided certificates of insurance to the city pursuant to the requirements of an ordinance other than the ordinance from which this division derives that meet all of the requirements established in this division shall not be required to obtain an additional insurance but are required to provide such certificates of insurance showing present coverage as required in this division.
(2) 
When the work permitted under this division is performed by the employees of a governmental agency, the insurance requirements of this section may be met by providing certification that government agency obtaining the permit is self-insured or the authorized agent is a registered contractor. Any work permitted under this division performed by a contractor acting as an agent or authorized representative of a governmental agency shall provide the insurance required herein.
(Ordinance 0241, sec. 6, adopted 12/12/17)
Any permittee shall agree and warrant to maintain the excavated area for a period of two (2) years after the completion of the restoration of the city right-of-way, as approved by the city. Maintenance of the excavated area shall include the repair of any type of failure, including, but not limited to, the area the permittee was required to repave. Repairs during the warranty period shall meet the standards of the DSC. The city may conduct inspections of the restored area throughout the two-year warranty period and require maintenance and correction of the work by the permittee. Failure of the permittee to correct the work shall constitute a violation of this division.
(Ordinance 0241, sec. 7, adopted 12/12/17)
(a) 
Each permit shall specify the location of each cut or excavation allowed in the permit and the dates during which the city right-of-way or any portion thereof may be cut or excavated as to each such location. The time for each cut or excavation allowed in the permit shall not exceed thirty consecutive calendar days, provided that if the work for a cut or excavation is not completed within the time allowed in the permit, the permittee shall obtain a permit extension. A work schedule for each such location not completed as required in the original permit shall be submitted with the application for the permit extension. Each permit extension shall not be issued for more than thirty consecutive calendar days.
(b) 
Permits shall not be assignable. No person or utility shall use the name of another in obtaining a permit, and no person or utility shall allow his name to be used by another in obtaining a permit, except in the case of an authorized agent acting for his principal.
(Ordinance 0241, sec. 8, adopted 12/12/17)
The director of public works or designee may restrict the area in which a cut or excavation may occur. In granting permission for a cut or excavation, the director of public works or designee shall consider the need for the proposed cut or excavation, amount of traffic at the location in question and safety factors, including but not limited to the hazards likely to be created by such cut or excavation. The director of public works or designee shall have the authority to require a location of the cut or excavation other than the location requested by the applicant when one or more alternative locations are available to the applicant. The director of public works or designee’s determination of required location shall be based on the following information: the amount and pattern of traffic, nature and condition of the right-of-way and safety factors, including but not limited to reduced risk to the traveling public.
(Ordinance 0241, sec. 9, adopted 12/12/17)
(a) 
While the cut or any part thereof is open, and while any part of the city right-of-way or city property is obstructed by rubbish or material, the permittee shall erect and maintain traffic control devices as required by the standards in the DSC or an approved traffic control plan and shall maintain safe passage for pedestrian and vehicular traffic.
(b) 
If substantially the full width of any city right-of-way or city property is excavated, the permittee shall maintain a driveway or walkway across the excavation until the area has been restored and resurfaced. The driveway or walkway, as applicable, shall be specified in the plans submitted with the application for the permit and such driveway and/or walkway shall meet specifications approved by the director of public works or designee.
(c) 
If the permittee fails to take any protective measures herein required, the director of public work or designee may, in his discretion, authorize the work to be done by city forces or by contract. The permittee shall pay the city for its costs of protective measures within ten city working days of receiving an itemized statement for such costs.
(d) 
Steel plates. Requirements for providing and maintaining steel plates are contained in the DSC.
(Ordinance 0241, sec. 10, adopted 12/12/17)
(a) 
All work, including but not limited to cutting of pavement, excavation, backfill, bedding, base course and placement and compaction of pavement shall be done pursuant to the standards and specifications in the city’s design standards for construction or successor standards for construction in effect at the time of the issuance of the permit or as specified in the permit by the director of public works or designee. The DSC governs the construction and restoration of the streets, sidewalks, parkways, driveways, and related infrastructure within the city’s right-of-way and does not apply to the construction related to utility infrastructure within the city right-of-way.
(b) 
Minimum permit requirements.
(1) 
The DSC adopted by the city council by resolution from time to time shall establish minimum areas that shall be patched and any permit shall be consistent with the DSC requirements, including, but not limited to, excavations or cuts across a city street within the city right-of-way, in traffic lanes, in parking and other lanes (such as bike lanes), across medians and at or near intersections, within the city parkway (such as curbs and sidewalks) and any other reasonable area which is required to be excavated in a permit; the reasonable length and width of the pavement area to be patched for various types of cut or excavation areas; curb to curb paving requirements after five or more cuts within a reasonable distances from the excavated or cut area; and other related and reasonable requirements regarding pavement and excavations by a utility or person.
(2) 
All patching (restoration and resurfacing) shall include the application of an asphalt based sealer consisting of a blend of asphalt, selected mineral fillers and/or acrylics, designed specially to increase the life expectancy of asphalt pavements. The sealer shall be applied in accordance with the specifications in the design standards for construction.
(Ordinance 0241, sec. 11, adopted 12/12/17)
(a) 
The permittee shall be responsible for, and shall hold the city harmless against, all damages to persons or property resulting from the making or repair of the cut or excavation, whether done by himself or by the city; and the taking out of the permit shall be deemed a contractual acceptance of this obligation by the permittee in a condition of the issuance of the permit. The person making the cut or excavation shall continue to protect it and be responsible for its condition until the work allowed in the permit is completed as required in the permit.
(b) 
If the permittee fails to complete any work required of him hereunder as promptly as reasonably possible consistently with good construction practice, or if the permittee fails to take any protective measure required of him by this division, the work may, in the discretion of the director of public works or his designee, be completed by city forces or by contract whether requested or not, and the proper charge shall be made against the permittee in accordance with this section. Failure of a permittee to comply with the requirements set forth in this division shall serve as grounds to deny future permit requests by the city.
(c) 
The permittee may not assign, convey or transfer the permit for paving cuts or excavations to any other utility or person. Any attempted assignment, conveyance, or transfer of the permit shall render the permit void and the permittee and assignee may be individually cited for violation of this division.
(Ordinance 0241, sec. 12, adopted 12/12/17)
Any applicant or permittee aggrieved by the decision of the director of public works or designee concerning the issuance, denial, revocation or suspension of a permit may appeal such decision to the city council. A request for an appeal shall be made to the city clerk within 10 consecutive calendar days of the director of public works or designee’s decision.
(Ordinance 0241, sec. 13, adopted 12/12/17)
The director of public works or designee is authorized to enforce the provisions of this division and shall have the power to issue misdemeanor citations to any persons violating the provisions of this division.
(Ordinance 0241, sec. 14, adopted 12/12/17)
Any person who shall violate any provision of this division shall, upon conviction, be guilty of a misdemeanor and punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day the violation occurs shall constitute a separate offense.
(Ordinance 0241, sec. 15, adopted 12/12/17; Ordinance adopting Code)