No person shall commence or continue with the construction or
installation of any structure within the rights-of-way of the city
except as provided by this chapter, or as provided by other city permits
or written agreements with the city.
(1) Registration.
All users of the right-of-way must register annually with the
city. Registration and permits will be issued in the name of the person
who will own the facilities. Registration shall include:
a. The
name of the user of the right-of-way;
b. The
name, address, and telephone number of people who will be contact
persons for the user;
c. The
name and telephone number of an emergency contact who shall be available
24 hours a day;
d. The
location, including exact coordinates, of all structures located in
the rights-of-way; and
e. A description
of each structure located in the rights-of-way.
(2) Construction
permit.
Unless otherwise provided by this chapter, no
person shall perform any construction or installation of structures
in the right-of-way without first obtaining a construction permit.
The permit will be in the name of the person who will own the proposed
structures. The permit must be completed and signed by a representative
of the owner of the proposed structures. The permit shall state to
whom it is issued, location of work, location of proposed structures,
estimated dates and times the work is to take place and any other
conditions set out by the mayor or his designee, or other decision
making body when applicable.
a. Permit
information required.
The person requesting a permit
will provide the mayor or his designee with documentation describing:
1. The
proposed, approximate location and route of all structures to be constructed
or installed and the applicant's plan for right-of-way construction.
2. Engineering
plans provided on a drawing scale not smaller than one inch equals
100 feet unless otherwise approved by the mayor.
3. Description
of all existing public and private utilities in close proximity to
the applicant's proposed route.
4. Description
of the applicant's proposed installation, such as pipe size, number
of interducts, valves, etc.
5. Description
of plans to remove and replace pavement or drainage works in streets.
Plans submitted must conform to city standard construction requirements.
6. Drawings
of any bores, trenches, handholes, manholes, switch gear, transformers,
pedestals, etc., including depth.
7. Manholes
of the type the applicant plans to use or access.
8. Complete
legend of drawings submitted by the applicant, which may be provided
by reference to previously submitted documents.
9. Three
sets of engineering plans must be submitted with the permit application.
10. The construction and installation methods to be employed for the
protection of existing structures, fixtures, and facilities within
or adjacent to the right-of-way, and the estimated dates and times
work will occur, all of which (methods, dates, times, etc.) are subject
to approval of the mayor or his designee.
11. Proof of insurance or net worth as required.
b. Access
to site.
All construction and installation in the right-of-way
shall be in accordance with the permit for the facilities. The mayor
or his designee shall be provided access to the work and to such further
information as may reasonably be required to ensure compliance with
the permit.
c. Plans
at site.
A copy of the construction permit and approved
engineering plans shall be maintained at the construction site and
made available for inspection by the mayor or his designee at all
times when construction or installation work is occurring.
d. Timeliness.
All construction or installation work authorized by permit must
be completed in the time specified in the construction permit. If
the work cannot be completed in the specified time periods, the permittee
may request an extension from the mayor or his designee.
e. Insurance
and bonds.
1. An
applicant must provide proof of liability insurance in the amount
of $1,000,000.00, as approved by the mayor or his designee. Such requirements
may be waived by the mayor or his designee, if the applicant provides
acceptable evidence of self-insurance backed by assets equal to but
not less than a net worth in the amount of at least $5,000,000.00
as approved by the mayor or his designee and the director of financial
services or his designee.
2. The
coverage provided shall be on an occurrence basis and shall include
coverage for personal injury, contractual liability, premises liability,
medical damages, underground explosion and collapse hazards.
3. Each
policy must include a cancellation provision in which the insurance
company is required to notify the city in writing not fewer than 30
days before canceling, failing to renew, or reducing policy limits.
4. The
applicant shall file the required original certificate of insurance
prior to any commencement of work. The certificate shall state the
policy number; name of the insurance company; name and address of
the agent or authorized representative of the insurance company; name,
address and telephone number of insured; policy expiration date; and
specific coverage amounts.
5. Applicant
shall file a surety bond from a surety company authorized to do business
in the state in the amount of $15,000.00 to guarantee the restoration
of the right-of-way in the event the applicant leaves a job site in
the right-of-way unfinished, incomplete, or unsafe. Such requirement
for a surety bond may be waived by the mayor or his designee upon
a showing of financial responsibility by the applicant.
f. Approval.
Unless otherwise provided by this chapter, requests for permits
shall be approved or disapproved by the mayor or his designee within
a reasonable time of receiving all the necessary information. The
mayor or his designee shall use his best efforts to approve or disapprove
a request for permit as soon as possible.
g. Pre-construction
meeting.
The mayor or user may request a pre-construction
meeting.
(3) Exception
to construction permit and registration requirement.
The following activities shall not be required to obtain a permit
under this chapter:
a. Emergencies.
Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however, the mayor must be notified
in writing within two business days of any construction related to
an emergency response. A reasonably detailed description of the work
performed in the right-of-way and an updated map of any facilities
moved shall be provided as soon as practicable.
b. Routine
maintenance.
Except as specifically provided otherwise
by this chapter, the installation of structures necessary to initiate
utility, water, wastewater or other service to a customer's property
or the repair or maintenance of existing structures, unless such repair
or maintenance requires the breaking of pavement, excavation in the
right-of-way, or the closure of a public traffic lane for greater
than two hours, are not required to obtain a permit under this chapter.
(Ordinance of adopted 8/24/2017, § II(49-2))
(a) Advance
notice required.
The mayor shall be notified 24 hours
in advance that construction is ready to proceed by either the right-of-way
user, the contractor or representative, including the name, address,
and phone numbers of the contractor performing the actual construction,
and the name and telephone number of the individual who will be available
at all times during construction. Failure to provide the above information
will result in the suspension of the permit until the required information
is received.
(b) Conformance
to other laws.
All construction shall be in conformance
with all city codes and applicable local, state, and federal laws.
(c) Erosion
control.
Erosion control measures (i.e., silt fence)
and advance warning signs, markers, cones, and barricades must be
in place before work begins. Permit holder may be required to show
proof of EPA-approved plans relating to stormwater and erosion when
applicable or a letter stating such plans are not required. The user
shall comply with city, state, and federal guidelines regulating stormwater
management erosion control. Requirements shall include, but not be
limited to, silt fencing around any excavation that will be left overnight,
silt fencing in erosion areas until reasonable vegetation is established,
barricade fencing around open holes, and high erosion areas will require
wire backed silt fencing, or straw bales, as appropriate.
(d) Lane
closures.
Lane closures on collectors and thoroughfares,
as identified by the city's thoroughfare plan, is limited to after
8:30 a.m. and before 4:00 p.m. unless the mayor grants prior approval.
Arrow boards will be required on lane closures, with all barricades,
advanced warning signs and thirty-six-inch reflector cones placed
according to the specifications of the mayor.
(e) Workmanship.
Users are responsible for the workmanship and any damages caused
by a contractor or subcontractor. A responsible representative of
the permit holder will be available to the mayor at all times during
construction.
(f) Notice
of damage.
All users shall notify the mayor immediately
of any damage to other utilities, either city or privately owned.
(g) Prior
approval required for street or sidewalk cut.
Except
in the event of an emergency, prior approval must be obtained from
the mayor when a street or sidewalk cut is required and all requirements
of the city shall be followed. Repair of all street and sidewalk removals
shall be made promptly to avoid safety hazards to vehicle and pedestrian
traffic.
(h) Interference
prohibited.
Newly installed structures shall not interfere
with facilities or structures of other users, in particular gravity
dependent facilities.
(i) Depth.
Structures shall be installed at a minimum of two feet depth,
unless approved by the mayor or as otherwise provided by this chapter.
(j) Working
hours.
Except in the event of an emergency, working hours
in the rights-of-way are 7:00 a.m. to 7:00 p.m., Monday through Saturday.
Work that needs to be performed after 7:00 p.m. Monday through Saturday
must be approved in advance. Except in the event of an emergency,
any work performed on Sunday must be approved 24 hours in advance
by the mayor. Directional boring is permitted only Monday through
Friday, unless approved in advance.
(Ordinance of adopted 8/24/2017, § II(49-3))
Right-of-way users shall provide the mayor director or his designee
with plans of record within ten days of completion of structures in
the right-of-way. The plans shall be provided to the city in the format
specified by the mayor. Submittal of plans of record should be in
digital formatting as well as written or in any other format requested
by the mayor. The requirement to provide plans of record may be waived
by the mayor upon a showing of good cause.
(Ordinance of adopted 8/24/2017, § II(49-4))
Prior to initiating construction of a city project in the right-of-way,
the city will provide each right-of-way user preliminary project plans
at various stages of completion (i.e., 30 percent plans, 60 percent
plans, 90 percent plans and final plans). Upon receipt of the first
submittal of preliminary project plans (30 percent plans), each right-of-way
user shall be responsible for verifying the location of its underground
structures in the vicinity of the city's project. In verifying the
location of structures as required by this section, each right-of-way
user shall compile the information obtained regarding any structures
located in the right-of-way that are potentially affected by the city
project and shall, within 30 days of receipt of the first submittal
of the preliminary project plans, make that information available
to the city in a written and verified format acceptable to the city's
project director or his designee. Whenever by reasons of widening
or straightening of streets, water or sewer line projects, or any
other mayor projects (i.e., install or improve storm drains, water
lines, sewer lines) it shall be deemed necessary by the city council
to remove, alter, change, adapt, or conform the underground or overhead
structures of a right-of-way user, such alterations shall be made
by the owner of the structures at the owner's expense within 45 calendar
days from the receipt of written notice to make the alterations, unless
a different schedule has been approved by the project director or
his designee. The owner of the structures shall be responsible for
any direct costs incurred by the city, associated with project delays
resulting from owner's failure to conform structures within the time
limits established by this section. Reimbursement for all costs provided
for by this paragraph shall be made within 30 calendar days from the
day which the owner receives written notice of such costs.
(Ordinance of adopted 8/24/2017, § II(49-5))
(a) Proper
installation required.
Structures in the rights-of-way
shall be properly installed, repaired, upgraded and maintained. Structures
shall be considered to be improperly installed, repaired, upgraded,
or maintained if:
(1) The
installation, repairs, upgrade, or maintenance endangers people;
(2) The
structures do not meet the applicable city requirements;
(3) The
structures are not capable of being located using standard practices;
or
(4) The
structures are not located in the proper place in accordance with
the plans approved by the mayor.
(b) Existing
structures.
This section shall not apply to structures
installed prior to the effective date of the ordinance from which
this chapter is derived unless such structures are repaired or upgraded.
(c) Mayor
review of poles.
When poles are used, the type of poles,
location, depth, upgrades, etc., shall be subject to review of the
mayor, unless otherwise provided by this chapter.
(Ordinance of adopted 8/24/2017, § II(49-6))
(a) Affected
property restored.
Users of the right-of-way shall restore
property affected by construction in the right-of-way to a condition
that is equal to or better than the condition of the property prior
to the performance of the work. This includes, but is not limited
to, replacing all natural ground cover with an equal or better type
of ground cover damaged during work, either by sodding or seeding,
as directed by the mayor.
(b) Restoration
requirements.
Restoration shall be to the reasonable
satisfaction of the mayor. The restoration shall include, but not
be limited to:
(1) Installation
of all manholes and handholes, as required;
(2) All
bore pits, potholes, trenches, or any other holes shall be covered
or barricaded daily;
(3) Leveling
of all trenches and backhoe lines;
(4) Restoration
of excavation site to city specifications.
(c) Locator
flags.
All locator flags shall be removed during the
cleanup process by the permit holder or his contractor at the completion
of the work.
(Ordinance of adopted 8/24/2017, § II(49-7))
If any provisions of this chapter are not followed, a permit
may be revoked by the mayor. If any person fails to follow the terms
and conditions of this chapter in work performed pursuant to a permit,
except as provided by article III of this chapter, new permits may
be denied or additional terms required prior to issuance of permits
to the same user.
(Ordinance of adopted 8/24/2017, § II(49-8))