[Ord. No. 686-2026, 1-20-2026]
A. 
Permit Requirement. Any person seeking to perform work within the public right-of-way (ROW) must first apply for and obtain a ROW permit, in addition to any building permit, license, easement, franchise, or other authorization required by law.
1. 
Emergency ROW work may begin immediately; however, the Street Superintendent must be notified as soon as practicable and a permit application submitted no later than the third business day after work commences.
2. 
The Street Superintendent may issue general permits covering emergency ROW work for multiple sites or Citywide needs.
B. 
The Street Superintendent may issue general permits covering emergency ROW work for multiple sites or Citywide needs.
1. 
The name, address, and 24/7 contact information of a responsible representative or if different from the applicant, the name, address, and contact information of the facility owner/operator.
2. 
A description of the proposed work, including conceptual and engineering site plans showing dimensions, location, number of street crossings, and proximity to existing facilities.
3. 
For areas with landscaping, irrigation, lighting, or other special features, photos and owner approvals are required if an alteration is proposed.
4. 
Projected start and end dates, or a statement that notice will be provided when dates are determined.
5. 
All certificates of insurance and performance/maintenance bonds.
C. 
Form Of Submission. Applicants may submit information in their existing format if it addresses the application requirements. The Street Superintendent may grant a reasonable amount of time to complete the applications.
D. 
Fees And Deposits. Each application must include:
1. 
A City-approved application fee.
2. 
A refundable pre-construction meeting deposit (returned upon verified attendance).
3. 
An escrow or bond for restoration purposes.
4. 
Any amounts owed to the City for past fees, damages, or emergency actions (subject to good-faith dispute review by the Street Superintendent).
5. 
Failure to apply for a permit may result in triple permit fees, except for emergency ROW work.
E. 
Coordination Of Work. Applicants must participate in coordinated planning, joint construction, and advance notification efforts as directed by the Street Superintendent. The City may require facility sharing when reasonable and legally permitted to minimize disruption and preserve aesthetics.
F. 
Capacity And Records. The Street Superintendent shall maintain indexes of ROW permits and may establish procedures for determining available capacity in existing facilities.
[Ord. No. 686-2026, 1-20-2026]
A. 
The Street Superintendent shall review completed applications within thirty-one (31) days of receipt. A permit shall be granted if:
1. 
All required information is submitted;
2. 
Fees, deposits, and escrow are paid; and
3. 
The applicant is in compliance with this Chapter and City ordinances.
B. 
The City intends to minimize interference, excavation, and disruption of the ROW. The Street Superintendent may require less disruptive methods or alternate facility locations; provided, service quality is not reduced and requirements are competitively neutral.
C. 
The Street Superintendent shall determine whether proposed work is minor or significant.
1. 
If no disruption or only minor interference will occur, the permit shall be promptly issued.
2. 
If the work is significant, the Street Superintendent may coordinate scheduling, require public notice, or limit total linear footage per permit [maximum two thousand (2,000) feet or twenty (20) open cuts]. Separate permits may be required for larger projects.
D. 
Each ROW permit shall include project dates, affected ROW length, road crossings, traffic management plans (if applicable), facility locations, and compliance conditions necessary to protect the ROW and public safety.
E. 
Permit Denial. Applications may be denied for:
1. 
Outstanding fees or violations;
2. 
Failure to provide required information;
3. 
Failure to restore prior ROW work;
4. 
Environmental, historic, or cultural concerns;
5. 
Refusal to comply with alternative methods; or
6. 
Any reason necessary to protect public health, safety, and welfare, consistent with State and Federal law.
[Ord. No. 686-2026, 1-20-2026]
A. 
The Street Superintendent may revoke a ROW permit for substantial breach after written notice and reasonable opportunity to cure [up to thirty (30) days]. Immediate suspension may be imposed for public safety. Substantial breach includes:
1. 
Material violation of permit conditions;
2. 
Fraud or misrepresentation;
3. 
Failure to complete work without approved extension;
4. 
Failure to meet Federal, State, or City standards.
B. 
Breach of permit conditions shall also constitute a violation of this Chapter, subject to penalties.
[Ord. No. 686-2026, 1-20-2026]
A. 
Projects with City-approved construction plans do not require separate ROW permits for included work.
B. 
City-sponsored capital improvement projects and directly related utility adjustments are exempt.
[Ord. No. 686-2026, 1-20-2026]
A. 
The following are the standards that must be met and/or followed for ROW work:
1. 
All ROW work is subject to City inspection and Federal, State, and local regulations;
2. 
Stop-work orders may be issued by the Street Superintendent for unauthorized or substandard work;
3. 
All work must follow the Manuel on Uniform Traffic Control Devices ("MUTCD") standards, City specifications, and best engineering practices; and
4. 
Restoration is required to equal or better condition, including turf, landscaping, sidewalks, and pavement.
[Ord. No. 686-2026, 1-20-2026]
A. 
Bonds. Minimum five thousand dollar ($5,000.00) performance and maintenance bond required for twenty-four (24) months, unless waived by the Street Superintendent.
B. 
Insurance. Commercial general liability: One million dollars ($1,000,000.00) per occurrence, three million dollars ($3,000,000.00) aggregate; auto liability: three million dollars ($3,000,000.00) combined single limit. Certificates must name the City of Neosho as additional insured.
C. 
Indemnification. ROW users must indemnify and hold the City harmless from claims related to ROW work, except those caused by City negligence or misconduct.
[Ord. No. 686-2026, 1-20-2026]
A. 
Final determinations by the Street Superintendent may be appealed to the City Manager within five (5) business days.
B. 
The City Manager shall issue a written decision within fifteen (15) business days.
[Ord. No. 686-2026, 1-20-2026]
A. 
As-built drawings may be required after completion of work.
B. 
The City may perform restoration at the applicant's cost if work is incomplete or deficient.
C. 
ROW users may trim trees only with City supervision and property owner consent.
D. 
Nothing herein prevents the City from using or occupying ROW for public works or improvements.