[Ord. No. 2926, 10-14-2024]
For the purpose of this Chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated.
ABANDONED EQUIPMENT OR FACILITIES
Any equipment materials, apparatuses, devices or facilities that are:
1. 
Declared abandoned by the owner of such equipment or facilities;
2. 
No longer in active use, physically disconnected from a portion of the operating facility or any other facility that is in use or in service, and no longer capable of being used for the same or similar purpose for which the equipment, apparatuses or facilities were installed; or
3. 
No longer in active use and the owner of such equipment or facilities fails to respond within thirty (30) days to a written notice sent by the City.
APPLICANT
The specific person who submits an application pursuant to this Chapter.
APPLICATION
That form designed by the City, which an applicant must use to obtain a right-of-way permit to conduct excavations within, across, under and over the City's rights-of-way.
BORING
Drilling or pushing casing under a public right-of-way without affecting the top surface.
CITY
The City of Wildwood, Missouri, and its agencies, departments, officials, agents and employees acting within their respective areas of authority.
CITY FACILITIES
Any pavement for streets, sidewalks, alleys, or paths, and any curbs, gutters, drainage structures, storm sewers, swales, ditches, sanitary sewers, manholes, water mains, water service lines, water meters, valves, street lights, conduits, traffic signals, cables, conduits, panels, irrigation systems, bridges, culverts, or signs, in which the City holds a property interest.
CITY PROPERTY
Any real property owned in fee, leased or to which the City has any other legal interest by way of an easement, license dedication or otherwise.
CONTRACTOR
Any person contracting with a public utility right-of-way user or permit holder to do work within a public right-of-way.
DIRECTOR OF PUBLIC WORKS or DIRECTOR
The officially appointed Director of Public Works of the City or his/her designee.
DWELLING
Shall have the same meaning as set forth in Section 415.030 of this Code.
EMERGENCY
An emergency includes but is not limited to the following:
1. 
An unexpected or unplanned outage, cut, rupture, leak or any other failure of a facility that prevents or significantly jeopardizes the ability of a public utility to provide service to customers;
2. 
An unexpected or unplanned outage, cut, rupture, leak or any other failure of a facility that results or could result in danger to the public or a material delay or hindrance to the provision of service to the public if the outage, cut, rupture, leak or any other such failure of public utility facilities is not immediately repaired, controlled, stabilized or rectified; or
3. 
Any occurrence involving a facility that a reasonable person could conclude under the circumstances that immediate and undelayed action by the public utility is necessary and warranted.
EXCAVATION
Any act by which earth, asphalt, concrete, sand, gravel, rock, or any other material in or on the ground is cut into, dug, tunneled, uncovered, directional bored, removed, or otherwise displaced by means of any tools, equipment, or explosives, except that the following shall not be deemed excavation:
1. 
Any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic;
2. 
The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
3. 
Any other activity which does not disturb or displace surface conditions of the earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground.
FACILITIES
All equipment, facilities, devices, materials, apparatuses, or media, including, but not limited to, conduits, ducts, lines, pipes, wires, hoses, cables, culverts, tubes, poles, towers, manholes, transformers, regulator stations, underground vaults, receivers, transmitters, satellite dishes, micro cells, Pico cells, repeaters, or amplifiers useable for the transmission or distribution of any service or commodity installed below or above ground in the public right-of-way of the City, whether used privately or made available to the public.
GENERAL SCHEDULE
An outline prepared and presented by a public utility right-of-way user describing all of its proposed excavation which may affect public right-of-way for the following twelve (12) month period.
INDIVIDUAL SERVICE CONNECTION
Individual water and sewer taps permitted as part of a building permit, and individual service connections from a supply line, wire, or cable for natural gas, electric, cable television, telecommunications, or other services to a residence or business.
NORMAL BUSINESS HOURS
8:00 A.M. to 5:00 P.M. Central Standard Time, Monday through Friday.
PERMIT HOLDER
Any person to whom a right-of-way permit has been granted by the City under this Chapter.
PERSON
An individual, partnership, limited liability company, corporation, association, joint stock company, trust, organization or any other entity, or any lawful successor thereto or transferee thereof.
PROBATION
The status of a person that has not complied with the conditions of this Chapter.
PROBATIONARY PERIOD
One (1) year from the date in which a person has been notified in writing that they have been put on probation.
PROJECT
A written plan of work prepared and presented to the City by an applicant that encompasses an outlined scope of work to be conducted within the public right-of-way. A project could be one (1) or more separate excavations, constructions, or installations within the public right-of-way, but included as part of a single plan.
PROJECT SCHEDULE
A specific schedule, outlining the proposed timeline of any project, including the beginning date, major milestones, and end date of such project, to be submitted with any right-of-way permit application in the form prescribed by the City and in compliance with this Chapter.
PUBLIC RIGHT-OF-WAY
The area on, below or above a public roadway, highway, street or alleyway in which the City has an ownership interest, but not including:
1. 
The airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service;
2. 
Easements obtained by utilities or private easements in platted subdivisions or tracts;
3. 
Railroad rights-of-way and ground utilized or acquired for railroad facilities; or
4. 
Poles, pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses utilized by a municipally owned or operated utility pursuant to Chapter 91, RSMo., or pursuant to a charter form of government.
PUBLIC UTILITY
Every cable television service provider, every pipeline corporation, gas corporation, electrical corporation, rural electric cooperative, telecommunications company, water corporation, heating or refrigerating corporation or sewer corporation under the jurisdiction of the public service commission; every municipally owned or operated utility pursuant to Chapter 91, RSMo., or pursuant to a charter form of government or cooperatively owned or operated utility pursuant to Chapter 394, RSMo.; every street light maintenance district; every privately owned utility; and every other entity, regardless of its form of organization or governance, whether for profit or not, which in providing a public utility type of service for members of the general public, utilizes pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses, in the collection, exchange or dissemination of its product or services through the public rights-of-way.
PUBLIC UTILITY RIGHT-OF-WAY USER
A public utility owning or controlling facilities in the public right-of-way and authorized to do business pursuant to the laws of this State or by license of the Federal Energy Regulatory Commission, United States Department of Transportation, or the Federal Communications Commission.
RIGHT-OF-WAY PERMIT
A permit issued by the City to a permit holder authorizing the performance of excavation within a public right-of-way.
SITE
Any single or contiguous lots, tracts, projects or subdivisions of land owned by a single person or by several persons acting jointly.
[Ord. No. 2926, 10-14-2024]
A. 
Permit Requirements. No person shall conduct any excavation within any public right-of-way without first obtaining a right-of-way permit from the City for such excavation, in addition to any other permit, license, easement, or authorization required by law, unless such excavation must be performed on an emergency basis as set forth in this Chapter or except in case of excavations conducted by the employees of the City or by any contractor under contract with the City. Each separate and distinct excavation shall require a separate right-of-way permit.
B. 
Emergency Work. In cases where excavations must be conducted within the public right-of-way on an emergency basis, obtaining a right-of-way permit is not required. The person performing such emergency excavation within a public right-of-way shall immediately notify the City if said excavation is performed during normal business hours, and the Police Department if performed outside of normal business hours, that the emergency excavation is being commenced and the location thereof, and such excavation may proceed immediately; provided, however, said person shall apply for the right-of-way permit for the emergency excavation by the next business day, during normal business hours, following the commencement of such excavation and shall comply with the requirements of this Chapter.
C. 
Permit Applications And Application Fee.
1. 
Application Content. Applications shall be submitted to the Director of Public Works. The application shall be accompanied by the fees as set forth in this Section. Applications shall be submitted on forms prepared by the Director of Public Works and shall contain the following information:
a. 
The names, addresses, telephone numbers and legal status of the applicant, contractor and public utility right-of-way user.
b. 
The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's excavation in or on the public right-of-way.
c. 
An engineering site plan showing the proposed location of the excavation and all facilities to be installed, replaced, or otherwise affected by the excavation, including manholes or overhead poles; the length, size, type and proposed depth of any conduit or any other enclosures; the relationship of the facilities to all existing streets; the length of the public right-of-way to be disturbed by the excavation; the number of road crossings; the number of entrance drive crossings; the locations of City-owned facilities in the excavation site, if known; the dimensions and character of the excavation; and the number of square feet to be resurfaced.
d. 
Each application should include the projected commencement and termination dates of the excavation or, if such dates are unknown at the time the right-of-way permit is issued, a provision requiring the permit holder to provide the Director of Public Works with reasonable advance notice of such dates once they are determined.
e. 
Information sufficient for the Director of Public Works to determine that the applicant has applied for and received any permit, license or other approval required by the Federal Communications Commission or the Missouri Public Service Commission, as applicable; provided, however, that after the applicant has provided the foregoing information in a completed application, such information can be incorporated by reference in future applications that require such information rather than having to provide such information with every subsequent application.
f. 
Certificates of insurance as required pursuant to this Chapter.
g. 
Any additional information that the Director of Public Works determines to be necessary, which may include such conditions and requirements as are reasonably necessary to protect facilities in the public right-of-way from damage, for the proper restoration of such public right-of-way and facilities, and for the protection of the public and the continuity of pedestrian and vehicular traffic.
2. 
Project Schedule.
a. 
Applicants must also submit a complete detailed project schedule on the form provided by the City. The project schedule shall include the following:
(1) 
The project's scheduled start date;
(2) 
The project's anticipated end date;
(3) 
Key milestone dates throughout the course of the project (e.g., identifying key progress points).
b. 
Weekly Project Reporting Requirements. For projects with an expected duration exceeding one (1) week, the permit holder shall be required to submit weekly progress reports to and on forms prepared by the Director of Public Works. The first report shall be submitted not later than one (1) week after the project's scheduled start date, and subsequent reports shall be submitted on a weekly basis thereafter, as needed. Each report shall include the following:
(1) 
A detailed summary of progress made during the applicable reporting period;
(2) 
An assessment of the overall progress in relation to the approved project schedule;
(3) 
Confirmation as to whether the project remains on schedule to meet the established end date, and if not, an explanation of the reasons why the project is not on schedule.
Failure to submit the weekly progress reports shall authorize the Director of Public Works to issue a stop work order, which shall remain effective until the permit holder submits the applicable report and the Director of Public Works reviews such report for compliance with this Section. If the permit fails to submit the required weekly report on more than two (2) occasions for the same project, the Director of Public Works shall immediately revoke the applicable permit, notwithstanding the revocation procedures described elsewhere in this Chapter.
3. 
Application Fee. Each application shall be accompanied by the following fees:
a. 
An application fee in the amount of one hundred twenty dollars ($120.00) payable to the City to cover the costs of administrative expenses associated with the review of the application. No part of such fee shall be returnable to the applicant.
b. 
Any other amounts due to the City from the applicant, including, but not limited to, prior delinquent fees, costs, and any loss, damage or expense suffered by the City because of the applicant's prior excavation in the public right-of-way or for any emergency actions taken by the City.
4. 
The making and repairing of individual service connections in the public right-of-way shall require a separate right-of-way permit if permitted as part of a building permit issued by the City. All repairs to the public right-of-way made as a result of individual service connections shall be in accordance with this Chapter.
D. 
Application Review And Determination.
1. 
The Director of Public Works shall promptly review each completed application for a right-of-way permit and shall grant or deny such application as provided herein within thirty-one (31) days of receipt thereof. Except as provided in Subsection (F) of Section 426.020, the Director of Public Works shall issue a right-of-way permit upon determining that the applicant:
a. 
Has submitted a complete application and submitted all necessary information;
b. 
Has all requisite authority to perform the desired excavation;
c. 
Has paid the appropriate fees; and
d. 
Is in full compliance with this Chapter and all other City ordinances.
2. 
The Director of Public Works may require, as alternatives to the proposed method for performing the excavation identified in the application, either less disruptive methods or different locations for facilities, provided that any required alternative:
a. 
Shall not increase installation expenses by more than ten percent (10%) of the applicant's costs for the work as proposed;
b. 
Shall not result in a decline of service quality; and
c. 
Shall be competitively neutral and non-discriminatory.
3. 
Each right-of-way permit issued by the Director of Public Works shall include:
a. 
Projected commencement and termination dates or, if such dates are unknown at the time the right-of-way permit is issued, a provision requiring the permit holder to provide the Director of Public Works with reasonable advance notice of such dates once they are determined;
b. 
Length of affected rights-of-way, number of road crossings and identification and description of any pavement or curb cuts included in the excavation;
c. 
Information regarding scheduling and coordination of work, if necessary;
d. 
The location of any of the applicant's facilities, both those proposed and existing, and the location of any known facilities owned by another person that may be affected by the proposed excavation;
e. 
An acknowledgment and representation by the applicant to comply with the terms and conditions of the right-of-way permit, this Chapter, and all other applicable Federal, State, or local laws; and
f. 
Such conditions and requirements as are deemed reasonably necessary by the Director of Public Works to protect structures and other facilities in the public right-of-way from damage, to restore such public right-of-way and any structures or facilities to ensure the reasonable continuity and sight lines of pedestrian and vehicular traffic and to protect property values, the aesthetics of adjoining properties and neighborhoods and the public health, safety and welfare.
4. 
Each right-of-way permit shall only be valid for the number of days for which it was granted, as stipulated on the respective right-of-way permit. In any case where a permit holder shows a hardship in completing the excavation within the time provided by the respective right-of-way permit, said permit holder may request an extension of the right-of-way permit time restriction by submitting a written request for the same to the Director of Public Works prior to the expiration of said right-of-way permit. Upon receiving a request for an extension, the Director of Public Works is authorized to extend the time of such right-of-way permit subject to the same standards for approval of a right-of-way permit, as set forth in this Chapter. The Director of Public Works may impose such conditions and limitations on any such extension as the Director of Public Works deems appropriate. If the time limit on a right-of-way permit expires without approval of an extension, said right-of-way permit shall be considered conclusively terminated.
5. 
An applicant whose application has been withdrawn, abandoned or denied for failure to comply with the terms and provisions of this Chapter shall not be refunded the application fee.
6. 
In order to avoid excessive processing and accounting costs to either the City or the applicant, the Director of Public Works shall have the authority to establish procedures for bulk processing of applications and periodic payment of fees.
E. 
Insurance.
1. 
Posting Insurance. Before any right-of-way permit is issued, the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work, as provided in Subsection (E)(3) of this Section. The Director of Public Works shall waive this requirement if the applicant has twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of non-compliance with Federal, State, and/or local regulations.
2. 
Liability Insurance. Applicant shall provide at its sole expense, and maintain during the term of the permit, commercial general liability insurance with one million dollar ($1,000,000.00) per accident limits, combined single limits with an insurer rated at least A-VII by AM Best and eligible to do business in the State of Missouri, unless otherwise approved by the Director, that shall protect the applicant as a named insured and the City, and other City officials, officers, and employees as additional insureds from class claims which may arise from operations under the permit, whether such operations are by the applicant, its officers, directors, employees and agents, or any subcontractors of the applicant. The City's additional insured status shall:
a. 
Be limited to bodily injury, property, damage or personal and advertising injury caused, in whole or in part, by the applicant, its employees, agents or other independent contractors or facilities;
b. 
Not extend to claims where such coverage is prohibited by law or to claims arising out of the gross negligence of City, its employees, agents or independent contractors; and
c. 
Not exceed applicant's indemnification obligation under the permit, if any.
This liability insurance, shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property resulting from all applicant operations, facilities, products, services or use of automobiles, or construction equipment. The amount of insurance for commercial general liability insurance applying to bodily and personal injury and property damage shall be two million five hundred thousand dollars ($2,500,000.00) per occurrence and in the aggregate, but in no event less than the individual and combined sovereign immunity limits established by the Section 537.610, RSMo., for political subdivisions; provided that nothing shall be deemed to waive the City's sovereign immunity. Evidence shall be provided which provides that the City is listed as an additional insured. The permit holder shall provide at least thirty (30) days' advance written notice to the City of cancellation of any required coverage that is not replaced. Notwithstanding the forgoing, the applicant may, in its sole discretion, self-insure any of the required insurance under the same terms as required by this Section. The insurance requirements in this Section or other otherwise shall not apply to applicant to the extent and for such period during the permit as the applicant is exempted from such requirements pursuant to Section 67.1830(6)(a), RSMo., has on file with the City Clerk an affidavit certifying that the applicant has twenty-five million dollars ($25,000,000.00) in net assets and the facts otherwise establishing that the applicant is therefore so exempt.
F. 
Denial Of Permits. The Director of Public Works may deny an application for a right-of-way permit for one (1) or more of the following reasons:
1. 
Applicant has failed to provide all the necessary information required by the application, this Chapter, and the Director of Public Works;
2. 
Applicant has failed to return a public right-of-way to its previous condition under a previously issued right-of-way permit or after prior excavations by the applicant;
3. 
The Director of Public Works has provided the applicant with a reasonable, competitively neutral, and non-discriminatory justification for requiring an alternative method for performing the work identified in the application or a reasonable alternative route that will result in neither additional installation expense up to ten percent (10%) to the public utility right-of-way user nor a declination of service quality;
4. 
The Director of Public Works determines that denial is necessary to protect the public health and safety, provided that the authority of the City does not extend to those items under the jurisdiction of the Public Service Commission, such denial shall not interfere with a public utility's right of eminent domain of private property, and such denial shall only be imposed on a competitively neutral and non-discriminatory basis;
5. 
The site is environmentally sensitive as defined by State Statute or Federal law or is a Historic District as defined by local ordinance; or
6. 
Applicant has not paid any required fees, costs, or expenses for a right-of-way permit or related to excavation in the public right-of-way.
G. 
Applicable Fees.
1. 
Any fees collected pursuant to this Section will be used only to reimburse the City for its actual costs incurred in managing the public right-of-way and will not be used to generate revenue to the City above such costs, excluding legal fees relating to the interpretation or enforcement of this Chapter, including all appeals.
2. 
All right-of-way permit fees shall be doubled during a probationary period.
3. 
Right-of-way permit fees that were paid for a right-of-way permit that the Director of Public Works has revoked in accordance with Subsection (H) of this Section 426.020 are not refundable.
4. 
A right-of-way permit is required for excavation near gas and hazardous liquid pipelines. There is no fee for this right-of-way permit.
H. 
Permit Revocation And Ordinance Violations.
1. 
The Director of Public Works may revoke a right-of-way permit, without fee refund, and impose a permit surcharge in the amount of one hundred dollars ($100.00) per day until the breach is cured, but only in the event of a substantial breach of the terms and conditions of the right-of-way permit. Prior to such revocation, the Director of Public Works shall provide written notice to the permit holder identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days for the permit holder to cure the substantial breach, but such cure period may be shortened if the Director of Public Works determines that a shorter time period for the cure is necessary in the case of an emergency. The cure period shall be extended by the Director of Public Works on good cause shown by the permit holder. The term "substantial breach," as used in this Section, includes, but is not limited to, the following:
a. 
A material violation of a provision of the right-of-way permit or this Chapter;
b. 
An evasion or attempt to evade any material provision of the right-of-way permit or this Chapter or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
c. 
A material misrepresentation of fact in the application;
d. 
A failure to complete work by the date specified in the right-of-way permit, unless a permit extension is obtained from the Director of Public Works, or unless the failure to complete the work is due to reasons beyond the permit holder's control; and
e. 
A failure to correct, upon reasonable inspection, notice and opportunity to cure as specified by the Director of Public Works, within the time specified by the Director of Public Works, excavation that does not conform to applicable national safety codes, industry construction standards, this Section or any other applicable ordinances, provided that the City's ordinances are no more stringent than those of the applicable national safety code(s).
If the Director of Public Works determines that the permit holder has committed a violation of any term or condition of any Statute, ordinance, rule, regulation or any condition of the right-of-way permit, the Director of Public Works shall provide the permit holder with notice of the violation and shall make a written demand upon the permit holder to remedy such violation. The demand shall state that continued violation may be cause for revocation of the right-of-way permit and for the imposition of other penalties as provided for by law. Further, upon said violation, the Director of Public Works may place additional or revised conditions in the right-of-way permit deemed necessary to the Director to ensure compliance with the provisions of this Chapter.
2. 
Within three (3) business days of receiving notification of a violation, the permit holder shall contact the Director of Public Works, in writing, and provide the same with a written plan, acceptable to the Director of Public Works, to remedy the violation(s). A permit holder's failure to so contact the Director of Public Works, failure to submit an acceptable plan, or failure to reasonably implement the approved plan shall be cause for immediate revocation of the right-of-way permit. In addition to all other penalties provided for herein, a permit holder's failure to so contact the Director of Public Works, failure to submit an acceptable plan, or failure to reasonably implement the approved plan shall automatically place the permit holder on probation for one (1) full year.
3. 
If a permit holder, while on probation, commits a violation as outlined above, the permit holder's right-of-way permit will automatically be revoked and the permit holder will not be allowed further right-of-way permits for one (1) full year thereafter, except for emergency excavations.
4. 
If the right-of-way permit is revoked, the permit holder shall also reimburse the City for the City's reasonable costs, including restoration costs and costs of collection, incurred in connection with such revocation.
5. 
In addition to the penalties hereinabove authorized and established, the City Attorney may take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violation of the right-of-way permit and/or this Chapter.
I. 
Coordination Of Construction Activities. All right-of-way users are required to cooperate with the City and with each other as follows:
1. 
By January fifteenth (15th) of each year, each right-of-way user shall provide the Director of Public Works with a general schedule of its proposed construction activities, which may affect the public right-of-way for the ensuing twelve (12) months. Failure to provide a general schedule on a timely basis may be considered in denial of a right-of-way permit for the ensuing twelve (12) months.
2. 
Each right-of-way user shall meet with the Director of Public Works and other permit holders, either quarterly or as determined by the Director of Public Works, to schedule and coordinate excavations.
J. 
Appeal Procedure. An applicant may appeal any final decision of the Director of Public Works to the City Administrator, who shall consider the appeal within thirty (30) days.
[Ord. No. 2926, 10-14-2024]
A. 
Oversight Of Excavation.
1. 
The performance of excavations in the public right-of-way shall be in accordance with all applicable City ordinances, the Occupational Safety and Health Act of 1970, the National Electrical Safety Code and other Federal, State or local laws and regulations that may apply, including, without limitation, local health, safety, construction and zoning ordinances and laws and accepted industry practices, all as hereafter may be amended or adopted. In the event of a conflict among the aforementioned laws, ordinances and standards, the most stringent law, ordinance or standard shall apply (except insofar as that law, ordinance or standard, if followed, would result in facilities that could not meet the requirements of Federal, State or local law).
2. 
Any contractor or subcontractor of a permit holder used for the performance of excavation work in the public right-of-way shall be properly licensed under the laws of the State and all applicable City ordinances, and each such contractor or subcontractor shall have the same obligations with respect to its work as a permit holder would have pursuant to this Chapter. A permit holder:
a. 
Must ensure that contractors, subcontractors and all employees performing excavations are trained and experienced;
b. 
Shall be responsible for ensuring that all excavations are performed consistent with the right-of-way permit and applicable law;
c. 
Shall be fully responsible for all acts or omissions of contractors or subcontractors;
d. 
Shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor;
e. 
Shall implement a quality control program to ensure that the excavations are properly performed;
f. 
Shall at all times conduct operations and perform the excavation in a manner that will ensure the least possible obstruction to traffic, as outlined in and in accordance with the Manual of Uniform Traffic Control Devices, as published by the Federal Highway Administration, as amended;
g. 
Shall provide temporary facilities where and when necessary to conveniently serve pedestrian travel over or through obstructions at public walkways and at locations designated in the application; and
h. 
Shall direct traffic safely through the excavation site when a roadway is partially blocked by the excavation.
3. 
In excavating the public right-of-way, the excavated materials shall be placed where they will cause the least possible inconvenience to the public. If the excavated material is waste material, it shall be immediately removed from the site.
4. 
The width of excavation shall be no greater than is necessary for doing the work, and sheathing and bracing shall be used as necessary to keep the sides of the excavated site vertical and to prevent caving.
5. 
Adequate provision for proper drainage of the excavation site shall be maintained at all times.
6. 
At no time shall the maximum length of an open trench be permitted to exceed five hundred (500) feet.
7. 
No trench or pit shall be permitted to remain open without work actually in progress at each specific location for a period in excess of three (3) full working days, Saturdays, Sundays and legal holidays excepted.
8. 
Excavation sites shall be covered or fenced when work is not in progress. Excavations in roadways shall be backfilled or covered with steel plates at the end of the workday to allow traffic to safely cross over the excavation site.
9. 
The permit holder shall give all emergency service providers as well as the Director of Public Works three (3) working days' notice to arrange for routing of emergency vehicles before streets are closed to traffic. Access to fire hydrants shall not be obstructed without approval of the Director of Public Works and the Chief of the local Fire Protection District.
10. 
Unless for an emergency, no person shall make paving cuts or curb cuts except after receiving approval of a right-of-way permit therefor.
11. 
Excavations shall be subject to periodic inspection by the City. All excavation, alignment, depth, compaction and backfill materials shall be subject to inspection by the City. Such inspection, however, shall not relieve the permit holder from any obligation to perform the excavation strictly in accordance with requirements of the plans and technical specifications submitted with the application.
B. 
Unacceptable And Unauthorized Work.
1. 
The Director of Public Works shall have full access to all portions of facilities work and may issue stop work orders and corrective orders to prevent unacceptable or unauthorized work to be delivered personally or by certified mail to the address listed on the application or to the person in charge of the excavation site at the time of delivery.
a. 
Unauthorized Work. In the case of unauthorized work, such corrective or stop work orders shall state that work not authorized by the permit is being carried out, summarize the unauthorized work and provide a period of no longer than thirty (30) days to cure the problem unless a time extension is approved by the Director, which cure period may be shortened if certain activities must be ceased to protect the public safety and may be delivered personally or by certified mail to the address listed on the application for permit or to the person in charge of the facilities work site at the time of delivery.
b. 
Unacceptable Work. Unacceptable work shall include circumstances where real or personal property has been damaged in the vicinity of facilities work being performed by a permit holder or their contractor and the Director has reasonable suspicion to believe that the damage was caused as a result of the facilities work. In such circumstances, the Director is authorized to issue a stop work order for a period of time not to exceed thirty (30) days. During the stoppage, the Director shall investigate the cause of the real or personal property damage. If the Director finds that the real or personal property damage was caused by the facilities work, the Director may issue a corrective order or revoke the permit pursuant to this Chapter.
Such orders may be enforced by equitable action in the Circuit Court of St. Louis County, Missouri, and if the City prevails in such case, the person involved in the facilities work, by acceptance of the permit, agrees to be liable for all costs and expenses incurred by the City, including reasonable attorney's fees, in enforcing such order, in addition to any and all penalties established in this Section.
2. 
Any person who engages in excavation in the public right-of-way and who has not received a valid right-of-way permit from the City shall be subject to all penalties provided in this Chapter. Except in those instances where excavations must be performed on an emergency basis, the City may, in its discretion, at any time until a right-of-way permit is secured, order the excavation ceased and do any of the following:
a. 
Require such person to apply for a right-of-way permit within thirty (30) days of receipt of a written notice from the City that a right-of-way permit is required;
b. 
Require such person to remove its property and restore the affected public right-of-way to a condition satisfactory to the City; or
c. 
Take any other action it is entitled to take under applicable law, including, but not limited to, filing for and seeking damages for trespass.
3. 
Records. Public utility right-of-way users that maintain more than one thousand (1,000) lineal feet of facilities within the public right-of-way shall keep complete and accurate maps and records of the location of their facilities and shall, within twelve (12) months of the passage of this Chapter, file with the Director of Public Works a current base map of those portions of their systems which lie within, run through, or over public right-of-way. Base maps furnished to the Director of Public Works shall show the location of facilities and their relationship to existing streets or public right-of-way. Base map updates shall be provided to the Director of Public Works annually by January fifteenth (15th). Applicants shall submit updated plans to the Director of Public Works for approval whenever a project involves new construction or the excavation of public right-of-way.
4. 
Assignment Of Permit. The rights granted by a right-of-way permit inure to the benefit of the applicant. The rights shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, merger, consolidation or otherwise by force or involuntary sale without the prior, express written consent of the City. Any such consent shall not be required for assignment to entities that control, are controlled by, or are under common control with applicant.
5. 
Termination Of Permit And Removal Of Installations. Upon termination of a right-of-way permit, the City may order the removal of any of the applicant's facilities installed under the right-of-way permit, and if applicant should refuse, the City may remove such facilities at applicant's expense.
C. 
Construction Standards.
1. 
All new facilities shall be constructed underground except for facilities that are required to be located above ground and except in areas that have been designated as overhead corridors by the Director of Public Works. Except for residential streets, all new underground facilities crossing under existing City streets shall be bored. In cases where facilities will be placed underground, the permit holder shall give to all public utility right-of-way users registered hereunder reasonable written advance notice of the particular date on which open trenching will be available for installation of facilities.
2. 
Existing underground conduits or overhead facilities shall be used whenever feasible and permitted by the owner thereof. No person may erect new poles or similar structures within the public right-of-way without the prior, express written consent of the Director of Public Works.
3. 
A public utility right-of-way user shall not place facilities where they will damage or interfere with the use or operation of existing facilities, or obstruct or hinder the various public utilities serving the residents and businesses in the City.
4. 
The permit holder shall be responsible to inform the Director of Public Works of any damage to City property. The permit holder shall be responsible to inform any other public utility right-of-way user of possible damage to their facilities. The permit holder is fully responsible for reimbursing public utility right-of-way users for damages caused by the permit holder's work to facilities whose existence and approximate locations were known or should have been known before the damage was done. Nothing in this Chapter shall make the permit holder liable for damage to facilities located below the ground surface, in the absence of negligence, if the public utility right-of-way user, after reasonable notice from the permit holder, fails to advise the permit holder of its location and approximate depth below the ground surface.
5. 
Prior to directional boring, critical existing City facilities shall be located by digging a hole large enough to visually inspect the facilities at proposed crossing locations. To prevent damage to existing facilities, the boring operation shall be visually monitored during the placement of new facilities.
6. 
Any and all public right-of-way or facilities disturbed or damaged during the excavation shall be promptly repaired or replaced, or caused to be promptly repaired or replaced, to its previous condition by the permit holder or, at the Director of Public Works' discretion, by the City, at the permit holder's expense.
7. 
For purposes of the preserving the safety of the public those that live near any proposed excavation site, the permit holder of any permit authorizing excavation which is to occur directly adjacent to property that has a residential dwelling located thereon must deliver written notice to the address of each such dwelling prior to beginning excavation, informing the occupant(s) of the scheduled excavation times, including when such excavation will be complete.
D. 
Manner Of Backfilling, Repaving And Site Restoration.
1. 
A permit holder, after an excavation of a public right-of-way, shall provide for restoration of the public right-of-way and surrounding areas, including, but not limited to, any pavement, foundation, concrete slabs or curbs, screening, landscaping or vegetation, and shall comply with other reasonable conditions of the Director of Public Works. Restoration of the public right-of-way and surrounding areas shall be completed within the dates specified in the right-of-way permit unless the Director of Public Works issues a waiver, extension or a new or amended right-of-way permit.
2. 
It shall be the duty of any person making an excavation within a public right-of-way to backfill such excavations and restore the surface in accordance with the City's minimum prescribed standards for such surfaces or the following standards as determined by the Director of Public Works.
a. 
Excavations made in or under the street, walk or driveway pavement shall be backfilled with granular material thoroughly tamped into place, and the pavement surface restored. In such locations, excavated materials shall be removed from the site of the work as the excavation is made, and no such materials shall be allowed to accumulate on the site.
b. 
Substitution may be made for granular backfill or pave restoration only with the specific approval of the Director of Public Works in each instance.
c. 
Approved granular backfill material shall be composed of one (1) inch minus crushed stone or gravel and sand, free from clay lumps and trash and conforming to industry standards for sieve analysis.
d. 
The granular backfilling material shall be at the excavation site at the time of the inspection by the Director of Public Works so he/she can determine compliance with aggregate specifications. Granular backfill shall be placed in horizontal layers not greater than six (6) inches thick before compaction and shall be densified by mechanical tamping or inundating and vibration or jetting. Each layer of fill material shall be compacted to ensure the desired compaction and density which shall be not less than ninety-five percent (95%) standard compaction. During placement, care shall be taken to avoid undue segregation of coarse and fine particles.
e. 
Asphaltic concrete pavement, macadam pavement, or bituminous pavement shall be restored as follows:
Excavation edges shall be sawcut vertically, straight and to the full depth of the pavement. The edge shall be primed and an asphaltic concrete shall be placed on the compacted backfill. The depth of asphaltic concrete shall match the existing pavement, but in no case be less than be nine (9) inches placed in layers not greater than three (3) inches or less than one (1) inch. Each layer shall be thoroughly compacted and the surface shall be smooth and free of ruts matching the existing pavement to support traffic without rutting or settling.
f. 
Concrete pavement shall be restored as follows:
Concrete pavement shall be removed to the nearest joint. Edges shall be sawcut vertically, straight and to the full depth of the pavement. A six (6) sack mix of Portland cement concrete shall be placed on the compacted backfill. The concrete pavement thickness shall match the existing pavement, but in no case be less than seven (7) inches minimum. The concrete surface shall be finished to match the surrounding finishes. The concrete shall be protected from traffic for seven (7) days.
g. 
Curbs shall be restored as follows:
The existing remaining curb shall be cut straight with a concrete saw or removed to a joint. The new curb shall match (asphaltic concrete or Portland cement concrete), shape, and style of the existing curbs. Concrete curbs shall be reconstructed with six (6) sack Portland cement concrete.
h. 
Excavations in parkways or along the roadside, outside of the paved area may be backfilled with earth, and all grassed areas returned to their original condition by sodding or seeding and mulching as directed by the Director of Public Works. Earth backfill is to be placed and compacted in the same manner as described in this Section for granular fills to obtain maximum settlement, and shall be maintained by the applicant until the site has been stabilized in the original condition. As soon as the excavation has been backfilled, all excess excavated materials shall be removed from the site and disposed of.
3. 
If a permit holder fails to restore the public right-of-way and surrounding areas within the date specified by either the right-of-way permit or any extension thereof as granted by the Director of Public Works, the City may perform its own restoration. The City may also opt to perform its own restoration regardless of any failure by the permit holder, in which case the right-of-way permit or any amendment or revision thereto shall note such option. In either event, if the City performs the restoration, the permit holder shall be responsible for reimbursing the City's reasonable actual restoration costs within thirty (30) days of invoice.
4. 
A permit holder shall not be relieved of the obligation to complete the necessary right-of-way restoration and maintenance because of the existence of any performance bond required by this Chapter.
E. 
Every permit holder to whom a right-of-way permit has been granted shall guarantee for a period of four (4) years after the inspection the restoration of the public right-of-way in the area where the permit holder conducted an excavation and performed the restoration. During this period the permit holder shall, upon notification from the Director of Public Works, correct all restoration work to the extent necessary as required by the Director of Public Works. Said restoration work shall be completed within a reasonable time, not to exceed thirty (30) calendar days from receipt of the Director of Public Works' notice unless otherwise permitted by the Director of Public Works. If a permit holder fails to restore the public right-of-way within the time specified, the City may perform the work and said permit holder shall be responsible for reimbursing the City's reasonable actual restoration costs within thirty (30) days of invoice. The Director of Public Works may extend the cure period on good cause shown.
F. 
Inspection Of Backfill Material And Pavement Replacement. Backfill material must be approved by the Director of Public Works. In the event backfill material is not approved by the City, all such backfill must be removed and replaced under the Director of Public Works' supervision. Pavement shall be replaced only upon inspection by the City.
G. 
Interference With Traffic And Driveways — Restoration Of Surfaces. The performance of all excavations regulated by this Section shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the public right-of-ways or other public places when possible. When such use is unavoidably obstructed, the permit holder conducting such excavations shall exercise all reasonable dispatch in prosecuting the work so that the public use will not be obstructed beyond a reasonable time. All public right-of-way or other public places disturbed, interfered with, or injured in performing such excavations shall be restored, replaced, and repaired to as good condition as they were before such excavation was conducted.
H. 
Barricades, Signs, Lights, And Warning Signals. A permit holder performing excavation in the public right-of-way shall provide, erect, and maintain at all times along the line of the work such barricades, signs, lights, and warning signals as may be necessary to advise, warn, and protect the public from the hazards arising from the excavation. All traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration, as amended.
I. 
Protection Of Public As To Excavations Near Public Ways. No person shall make, cause, or permit any opening near any public right-of-way to be left open and unguarded so as to be dangerous to persons passing along said public right-of-way.
J. 
Inspections And Final Acceptance.
1. 
All excavations performed and/or to be performed on the public right-of-way shall be subject to inspection by the Director of Public Works to ensure compliance with all applicable laws, ordinances, rules, regulations and the right-of-way permit. Inspection fees for each inspection performed shall be forty dollars ($40.00). A minimum of one (1) inspection shall be required for each right-of-way permit, provided that a final inspection shall be conducted by the Director of Public Works or his/her authorized representative no later than forty-five (45) days after the final completion of the excavation. The permit holder shall be responsible for notifying the Director of Public Works of final completion of the excavation. The final inspection will not be performed until the thirty (30) day maintenance period is over.
2. 
If any excavation work is found to be unsatisfactory or incomplete, instructions for correction will be issued and another inspection will be made after the Director of Public Works receives notice that the instructions for correction have been completed. Before final acceptance of the completed excavation work, the permit holder shall remove all surplus and discarded materials, equipment, rubbish and temporary structures.
3. 
Approval of the excavation work, as provided for herein, shall not relieve the permit holder of any financial liabilities imposed on the permit holder, nor shall it constitute final acceptance for maintenance by the City of the facilities. Final acceptance of the excavation work will not be made until one (1) calendar year after completion of the excavation and its re-inspection to confirm its continued compliance with the plans and technical specifications submitted with the application.
[Ord. No. 2926, 10-14-2024]
A. 
Performance Bond.
1. 
Prior to any excavation in the public right-of-way, a permit holder shall establish in the City's favor a performance bond or letter of credit in an amount determined by the Director of Public Works to be necessary to ensure the permit holder's faithful performance of the excavation. Differences in bond requirements, including provisions for self-insurance or provisions for a single continuing bond where excavations are conducted by the same applicant under numerous right-of-way permits, may be established by regulation based on the extent or nature of the excavation and the past performance of the applicant. In lieu of a performance bond, permit holders may provide an acceptable letter of credit with the approval of the Director of Public Works.
a. 
Five hundred dollars ($500.00) cash shall be deposited with the City for each permitted instance of excavations occurring behind the curb.
b. 
One thousand five hundred dollars ($1,500.00) cash deposit or performance bond shall be established for each permitted instance of excavations or borings occurring in or under street pavement.
c. 
All public utility right-of-way users with permitted excavations occurring in the City of Wildwood public right-of-way, except those owners meeting the requirements of Section 67.1830(6)(a), RSMo., as amended, shall establish a fifty thousand dollar ($50,000.00) "blanket" performance bond, renewable annually, in lieu of the requirement of Subsections (A)(1)(a) and (A)(1)(b) of this Section 426.040.
d. 
The bond shall continue in full force and effect for a period of twenty-four (24) months following completion of the work.
e. 
The Director of Public Works shall have the authority to extend the performance bond period for up to an additional twenty-four (24) months.
f. 
The Director of Public Works may waive this requirement when the work involves no or only minor disruption or damage to the public right-of-way.
g. 
The Director of Public Works shall waive this requirement when the permit holder has twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of non-compliance with Federal, State, and/or local regulations.
2. 
In the event an applicant fails to complete the excavation in a safe, timely and competent manner, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damage or loss suffered by the City as a result, plus a reasonable allowance for attorney's fees, up to the full amount of the bond or letter of credit.
3. 
Upon completion of the excavation to the satisfaction of the Director of Public Works, the Director of Public Works shall eliminate the performance bond or reduce its amount after a time appropriate to determine whether the excavation was satisfactory, which time shall be established by the Director of Public Works considering the nature of the excavation performed.
4. 
A performance bond shall be issued by a surety acceptable to the City and shall contain the following endorsement:
"This bond may not be canceled or allowed to lapse until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."
5. 
In the event that an excavation is not refilled within a reasonable time after it is ready for refilling, the Director of Public Works shall notify the permit holder making the excavation that if such excavation is not filled within four (4) days, it shall be filled by the City. The charge for the cost of such work shall be paid by the permit holder within ten (10) days after completed and no additional right-of-way permit shall be issued to that person after that time, unless such charge has been paid.
6. 
In the event that the applicant fails to backfill, repair or repave any excavations made within the public right-of-way, the Director of Public Works, at his/her discretion, shall repair said cut with City employees or contract the repair to be made and charge the applicant for the full contract cost of repair. If the City makes the repair with City employees, the charges shall be based on the unit price paid on the most recent street improvement or pavement repair contract entered into by the City.
B. 
Cost Recovery. In the event the City incurs additional costs as a direct result of an unauthorized action or an inaction by any person and/or public utility right-of-way user, the City shall have the right to recover from that owner or person any and all documentable costs incurred, including, but not limited to, the identification of undocumented facilities, completion of improper excavations, long-term structural damage, construction delay fees and penalties, fees paid to other agencies and any other documentable costs incurred by the City within the public right-of-way.
[Ord. No. 2926, 10-14-2024]
Whenever, by reason of present or future City use of public right-of-way, a public improvement is undertaken by the City, or changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer or other City-owned underground or above ground facility or structure is made, and it is deemed necessary by the City to move, alter, change, adapt or conform the underground or above ground facilities of a public utility right-of-way user, the public utility right-of-way user shall make the alterations or changes, on alternative rights-of-way provided by the City, if available, as soon as practicable after being so ordered, in writing, by the City at the public utility right-of-way user's expense without claim for reimbursement or damages against the City.
[Ord. No. 2926, 10-14-2024]
A. 
A public utility right-of-way user who has discontinued its use of facilities in the public right-of-way must either:
1. 
Provide information satisfactory to the Director of Public Works that the public utility right-of-way user's obligations for its facilities in the right-of-way under this Chapter have been lawfully assumed by another public utility right-of-way user; or
2. 
Submit to the Director of Public Works a proposal and instruments for transferring ownership of its facilities to the City. If a public utility right-of-way user proceeds under this clause, the City may, at its option:
a. 
Purchase the facilities;
b. 
Require the public utility right-of-way user, at its own expense, to remove the facilities; or
c. 
Require the public utility right-of-way user to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities.
B. 
Facilities of a public utility right-of-way user who fails to comply with Section 426.060(A) of this Chapter and which, for two (2) years, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law and in equity, including, but to limited to:
1. 
Abating the nuisance at the public utility right-of-way user's expense;
2. 
Taking possession of the facilities and restoring the facilities to a useable condition; or
3. 
Requiring removal of the facilities by the public utility right-of-way user or by the public utility right-of-way user's surety under the bond required by Section 426.040 of this Chapter.
C. 
Any public utility right-of-way user who has abandoned facilities in any public right-of-way shall remove the facilities at a time and manner determined by the Director of Public Works.
[Ord. No. 2926, 10-14-2024]
A. 
Applicant Subject To Other Laws, Police Power.
1. 
An applicant shall at all times be subject to all lawful exercise of the police powers of the City, including, but not limited to, all powers regarding zoning, supervision of the restoration of the right-of-way, and control of public right-of-way.
2. 
No action or omission of the City shall operate as a future waiver of any rights of the City under this Chapter.
3. 
Except where rights are expressly granted or waived by a right-of-way permit, they are reserved, whether or not expressly enumerated. This Chapter may be amended from time to time and in no event shall this Chapter be considered a contract between the City and an applicant such that the City would be prohibited from amending any provision hereof.
B. 
Future Uses. In placing any facility, or allowing it to be placed in the public right-of-way, the City is not liable for any damages caused thereby to a facility which is already in place.
C. 
Franchise Not Superseded. Nothing herein shall be deemed to relieve an applicant or the City of the provisions of an existing franchise, license or other agreement or permit.
D. 
Rights And Remedies.
1. 
The exercise of one (1) remedy under this Chapter shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an applicant of its obligations to comply with its permits. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity.
2. 
The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Chapter.
3. 
No applicant shall be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the City to enforce prompt compliance.
E. 
Incorporation By Reference. Any permit granted pursuant to this Chapter shall by implication include a provision that shall incorporate by reference this Chapter into such permit as fully as if copied therein verbatim.
F. 
Force Majeure. An applicant shall not be deemed in violation of provisions of this Chapter where performance was rendered impossible by acts of God or the public enemy, epidemics, war or riots, civil disturbances, quarantine restrictions, labor strikes, freight embargoes, fires, floods, unusually severe weather or other natural catastrophes beyond the applicant's control, and a right-of-way permit shall not be revoked or an applicant penalized for such non-compliance, provided that the applicant takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its right-of-way permit without unduly endangering the health and safety of the applicant's employees or property, the public, public right-of-way, public property or private property.
G. 
Calculation Of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required under this Chapter or any right-of-way permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first (1st) and include the last day of the prescribed or fixed period of time.
H. 
Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, any right the City may have to acquire the property of the applicant through the exercise of the power of eminent domain.
I. 
Annexation. The provisions of this Chapter shall specifically apply to any lands or property annexed as of the date of such annexation.