[R.O. 1988 § 36-41; Ord. No. 4469 § 1, 2-4-2019]
(a) 
No person shall make or cause to be made any excavations nor construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb cut, driveway, or street in any ROW without an excavation permit issued by the Director of Public Works to do so, except public work done under the authority of the City Council or in the case of an emergency. The cost of said permit shall be set out by the Director of Public Works.
(b) 
An excavation permit should be obtained for each project unless otherwise provided for by the Director of Public Works. 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.
[R.O. 1988 § 36-42; Ord. No. 4469 § 1, 2-4-2019]
(a) 
Permit Required. It shall be unlawful to occupy or obstruct any ROW or sidewalk (including to temporarily place thereon materials or rubbish from building operations or for excavation of any area under a sidewalk or for any purpose whatever in connection with the erection, removal, alteration, or repair of any building or other structures) without an obstruction permit or license from the Public Works Director unless such work is authorized by an existing valid excavation permit or is exempt herein.
(b) 
Exceptions. An obstruction permit shall not be required for:
(1) 
ROW users performing routine maintenance which does not require excavation, does not disrupt traffic or pedestrians, and requires no more than four (4) hours to complete, provided that at minimum two (2) hours' notice is provided to the Director of Public Works during normal business hours;
(2) 
Emergency situations as more fully described in Section 36-47 below;
(3) 
Contractors working on the construction or reconstruction of public improvements and which are operating pursuant to a contract with the City for such construction; or
(4) 
Routine maintenance on previously approved small wireless facilities, as defined in Chapter 42, Article IV, Division 3, replacement of such small wireless facilities that are the same or smaller in size, weight, and height, or installation placement, maintenance, operation, or replacement of micro wireless facilities, as defined by Section 67.5111, RSMo., that are strung on cables between utility poles in compliance with applicable safety and building codes, when such work will not involve excavation, affect traffic patterns, obstruct traffic in the ROW, or materially impede the use of a sidewalk, and provided the ROW user submits as-builts of the new small wireless facilities or micro wireless facilities so the City may maintain an accurate inventory of facilities installed in the ROW.
(c) 
Permit Conditions. In addition to the applicable conditions and obligations set forth in Articles III through VI, conditions of an obstruction permit shall be as established in such Permit and shall include requirements of notice to and approval by the Public Works Director whenever traffic lanes are to be obstructed, manhole covers or safety barriers removed or altered, temporary or other barricades installed, and other events set forth in such permit.
[R.O. 1988 § 36-43; Ord. No. 4469 § 1, 2-4-2019]
The extent of occupation of a ROW or sidewalk or part thereof for which a ROW permit may be granted by the Public Works Director shall be as follows:
(a) 
The ROW permit shall not authorize the occupation of any sidewalk or ROW or part thereof, other than that immediately in front of or in the rear of the premises for the building upon which the ROW permit is issued.
(b) 
Earth taken from the excavation and rubbish taken from buildings must not be scattered upon sidewalks or the ROW and must be removed from day to day as rapidly as produced and where dry rubbish, likely to produce dust, is being handled, it must be kept wet so as to prevent being blown about by the wind.
[R.O. 1988 § 36-44; Ord. No. 4469 § 1, 2-4-2019]
The Director of Public Works is authorized to draft an application form consistent with the requirements of Articles III through V. An applicant for an ROW permit hereunder shall file with the Director of Public Works an application showing at minimum:
(a) 
The name and address of the owner or agent in charge of the property abutting the proposed work area.
(b) 
The name and address of the party doing the work.
(c) 
The location of the work area.
(d) 
The duration and dates of the closure or restriction.
(e) 
If excavation is proposed, statement that applicant has complied with Missouri One Call.
(f) 
Such other information as the Director of Public Works shall find reasonably necessary to the determination of whether a permit should be issued hereunder.
[R.O. 1988 § 36-45; Ord. No. 4469 § 1, 2-4-2019]
An application for ROW permits shall be accompanied by a fee established by the Director of Public Works. An applicant whose ROW permit application has been withdrawn, abandoned, or denied for failure to comply with Articles III through VI shall not be refunded the application fee.
[R.O. 1988 § 36-46; Ord. No. 4469 § 1, 2-4-2019]
(a) 
Issuance Determinations. The Director of Public Works shall issue a ROW permit hereunder when they have determined:
(1) 
That a sufficient application has been made, accompanied by payment of the appropriate fee.
(2) 
That the work will be done according to the standard plans and specifications on file in the office of the Director of Public Works.
(3) 
That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking space, and the means of egress to and from the property involved and adjacent properties.
(4) 
That the health, welfare, and safety of the public will not be unreasonably impaired.
(5) 
That the applicant agrees to follow all rules and regulations for sidewalk closures issued by the Director of Public Works.
(b) 
Renewal. ROW permits will be allowed to be renewed once; provided that the time granted in the original ROW permit plus the time granted in such renewal permit shall not exceed thirty (30) days. Additional renewals will require the applicant to make application to the City Council.
(c) 
Transferability. Unless otherwise provided or as otherwise required by law, no ROW permit may be transferred or assigned without the written application to and consent of the Director of Public Works based on the requirements and policies of Articles III through V.
(d) 
Condition Imposition. The Director of Public Works may impose reasonable conditions upon the issuance of a ROW permit and the performance of work 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 other users of the rights-of-way, and to minimize the disruption and inconvenience to the traveling public. Installation and co-location of small wireless facility, as defined in Chapter 42, Article IV, Division 3, shall be completed within one (1) year of issuance of the ROW permit or the ROW permit shall become null and void and shall no longer authorize installation or co-location such small wireless facility.
[R.O. 1988 § 36-47; Ord. No. 4469 § 1, 2-4-2019]
(a) 
ROW Permit Conditions. Every ROW permit issued hereunder shall incorporate the applicable requirements and terms of Articles III through VI, agreements, and all applicable ordinances, to the extent permitted by law. The ROW user shall perform such work in accordance with the issued permit and applicable provisions of Articles III through VI and any subsequent ordinances or regulations that may be adopted by the City regarding excavation or obstruction work in effect at the time such permit issues. In addition, all ROW users shall be subject to all technical specifications, design criteria, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power relating to ROW permits and fees, sidewalk and pavement cuts, facility location, construction coordination, surface restoration, and other requirements on the use of the rights-of-way. A ROW user shall perform all excavations or obstruction work in full compliance with all applicable engineering codes adopted or approved by the City, and in accordance with applicable statutes of the State of Missouri, and the rules and regulations of the Public Service Commission, Federal Communications Commission, and any other local, State, or Federal agency having jurisdiction over the parties. The ROW user shall comply with the excavation requirements established by Section 319.010 et seq., RSMo., as amended. A ROW user shall be responsible for all excavations or obstruction work done in the rights-of-way on its behalf, regardless of by whom the work is done.
(b) 
Emergency Exception. In the event of an emergency requiring immediate attention to remedy defects, and in order to avoid loss of damage to person or property, it shall be sufficient that the person conducting the work shall as soon as practicable notify the City of the location of the work and shall apply for the required permit as soon as practicable following the commencement of the work, not to exceed the third business day thereafter, or as otherwise directed by the Director of Public Works. In the event the City becomes aware of an emergency requiring facilities work the Director of Public Works shall attempt to contact a representative of each ROW user affected, or potentially affected, by the emergency work. If no response is received by a particular ROW user to whom contact is attempted, the Director of Public Works may take whatever action they deem necessary to respond to the emergency, the cost of which shall be borne by the person whose action or inaction occasioned the emergency or by the ROW user if the emergency was occasioned by an act of nature.
(c) 
Displayed. At all times during the work, ROW permits shall be conspicuously displayed at the work site and shall be available for inspection by the Director of Public Works or other City official.
(d) 
ROW Permit Modification. If at any time it appears that the duration or scope of the work is or will become materially different from that allowed by the ROW permit, the ROW user shall inform the Director of Public Works. The Director of Public Works may issue a waiver, an extension, or revised ROW permit, or require that the ROW user reapply for a ROW permit in accordance with all requirements of Articles III through V.
[R.O. 1988 § 36-48; Ord. No. 4469 § 1, 2-4-2019]
(a) 
Denial. The Director of Public Works may deny an application for a ROW permit if:
(1) 
To the extent permitted by law, the person does not have a current franchise, license, or ROW use agreement, or other authorization with the City.
(2) 
The ROW user, or any persons acting on the behalf of the ROW user, fails to provide all the necessary information requested by the City for managing the rights-of-way.
(3) 
The ROW user, or any persons acting on the behalf of the ROW user, including contractors or subcontractors, has a history of non-compliance or permitting non-compliance within the City. For purposes of this Section, "history of non-compliance or permitting non-compliance within the City" shall include where the ROW user, or any persons acting on the behalf of the ROW user, including contractors or subcontractors, has failed to return the rights-of-way to its previous condition under a previous ROW permit, or has violated terms, or is in violation of terms of the ROW users' franchise, ROW use agreement, license, or other authorization with the City.
(4) 
The City has provided the ROW user with a reasonable, competitively neutral, and non-discriminatory justification for requiring an alternative method for performing the excavation or facilities maintenance identified in the ROW permit application, or a reasonable alternative route that will not result in additional installation expense of more than ten percent (10%) to the ROW user or a declination of service quality. This shall not apply with respect to ROW permits related to installing small wireless facilities or utility poles for co-location of small wireless facilities.
(5) 
Any other violations or non-compliance caused by or through the ROW user of any applicable City, State, or Federal law or regulation, except where such violation is prohibited by applicable law for being a basis for denial.
(b) 
Revocation. The Director may, after reasonable notice and an opportunity to cure, revoke a ROW permit without fee refund, but only in the event of a substantial breach of the terms and material conditions of the ROW permit. A substantial breach by a ROW user includes, but is not limited to:
(1) 
A material violation of a provision of the ROW permit;
(2) 
An evasion or attempt to evade any material provision of the ROW permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
(3) 
A material misrepresentation of fact in the ROW permit application;
(4) 
A failure to complete work by the date specified in the ROW permit, unless a ROW permit extension is obtained, or unless the failure to complete the work is due to reasons beyond the ROW user's control;
(5) 
A 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, upon inspection and notification by the City of the faulty condition; or
(6) 
Such other lawful reasons.