The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bore or boring.
A structure that contains a conduit of, typically, four inches or less in diameter, either driven or bore jacked under pavement
Department.
The department of public works.
Director.
The city director of public works, or his or her designee.
Facility.
Any residential, commercial, or industrial structure or complex.
Permit.
A minor roadway boring permit as required in this division.
(Ordinance 487-13, sec. 2, adopted 1/15/13)
Any violation of any of the terms of this division, whether denominated in this division as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each incidence of violation. Each violation is considered a separate offense and will be punished separately.
(Ordinance 487-13, sec. 5, adopted 1/15/13)
After the effective date of this division, no person shall perform any work associated with a roadway boring on any property within the city for which a permit is required, except in accordance with the requirements of this division.
(Ordinance 487-13, sec. 3, adopted 1/15/13)
(a) 
Required.
A permit shall be required under this division for:
(1) 
The placement of a boring under any paving located within city right-of-way or city-owned property;
(2) 
Any boring for which the department determines a permit is necessary.
(b) 
Application.
The application for which a permit is required shall be submitted to the department on a form furnished for that purpose, along with the required fee, as established by the city council. If all of the information required for the application is submitted with or shown on any other plan or application required under any other ordinance of the city, including an application for a building permit, a required landscape site plan, or a planned development detailed plan (collectively, “alternate application”), then no separate application for a permit shall be required. However, the minimum standards for minor roadway borings and related appurtenances under this division shall apply to construction that is the subject of an alternate application. The department may waive, in whole or part, the submission of any information or plans otherwise required, if it determines that the nature or scope of the work is such that the information or plans are not necessary to obtain or determine compliance with this division. Otherwise, the application for each property for which a permit is required shall:
(1) 
Describe the location of the property for which the permit is requested (an address may be sufficient, at the discretion of the department);
(2) 
Be accompanied by plans and specifications, in the manner and form as specified by the director, showing the number and approximate dimensions of the proposed boring(s), the location of pavement in the vicinity of the boring(s), and a description of any restoration work anticipated to property in the right-of-way to be disturbed;
(3) 
For any proposed boring under an arterial or collector street, the permit application shall be accompanied by a site plan, drawn to a scale of at least one inch to 50 feet, showing the following:
(A) 
The proposed land use and the location of existing and proposed structures or buildings;
(B) 
The general layout of any existing driveways;
(C) 
The dimensions, location and depth of the boring(s) on the property for which the application is made; and
(D) 
Any other information determined necessary by the director;
(4) 
Contain any other information, plans or specifications required by the department to determine compliance with this division.
(c) 
Issuance; conditions.
The application, plans and specifications shall be reviewed by the director or his designee to verify compliance with the requirements of this division or any other ordinance. If the department finds that the plans for the proposed minor roadway boring for the property covered by the application conform to this division and other applicable ordinances, the permit shall be issued upon payment of required fees. The department may issue a permit for property where any minor roadway boring is not in compliance with this division if the department determines that, because of some condition peculiar to the property, compliance is not reasonably possible. Any permit issued may impose reasonable conditions or limitations that would serve the purpose of any requirement of this division or would otherwise be necessary to provide for public safety, including but not limited to requiring that any existing or proposed boring be relocated so to accommodate present or future development.
(d) 
Appeals.
An applicant may appeal any denial, condition, or limitation of a permit to the board of adjustment. If the committee upholds the refusal, condition or limitation, the applicant may appeal to the city council, which shall make a final determination.
(e) 
Expiration.
Any permit issued under this section shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.
(f) 
Modifications.
After the work performed under the permit is approved, no person shall thereafter alter or change the approved boring without submitting a new application in accordance with the provisions of this division.
(Ordinance 487-13, sec. 4, adopted 1/15/13)