2. Right-Of-Way Permits
11/11 9-2-1 9-2-1
9-2-1: PERMIT REQUIRED
9-2-2: SAFETY APPLIANCES AND BARRICADES REQUIRED
9-2-3: UNLAWFUL TO REMOVE SAFETY APPLIANCES OR BARRICADES
9-2-5: HINDERING OR OBSTRUCTING WORK PROHIBITED
9-2-6: LIABILITY FOR DAMAGE
9-2-8: STREET CUT IMPACT FEES
9-2-1: PERMIT REQUIRED: (2100 2598 3599)
(A) It shall be unlawful for any person to dig up, open, excavate, construct or to cause to be dug up, opened, excavated or constructed, any street, alley, sidewalk, or other public right-of-way in the City without first having secured a right-of-way permit from the City.
(B) The City Engineer shall establish regulations and specifications for excavation and construction in public rights-of-way for the protection of the rights-of-way and the protection of persons and property, and may place conditions on any permit as he shall deem necessary. It shall be unlawful for any person to excavate or construct in public rights-of-way in violation of such regulations and specifications or the terms and conditions of the permit.
(C) Applications for a permit shall indicate the exact location, depth, extent, nature, and purpose of the work, including a sketch or plan as necessary, and the time required for the work. Applicants shall also pay a fee to the City before the issuance of a right-of-way permit. The amount of the fee shall be established, on an annual basis, by the City Manager upon recommendation of the City Engineer, as follows:
(1) The fee shall be reasonably related to the costs directly incurred by the City in providing services relating to the granting and administration of the permit, including inspection costs; and
(2) The fee may be graduated depending upon the scale and location of the project; and
(3) If the proposed excavation or construction project requires Construction Drawing Review, the fees related to such review as provided in section 11-1-6, W.M.C. shall be charged in addition to the right-of-way permit fee; and
(4) Printed copies of the fee schedule, as amended from time to time, shall be on file in the Office of the City’s Community Development Department.
(D) A separate permit shall be required for each excavation or construction project. A permit shall be required at least two (2) working days prior to commencement of the work. The permit shall be kept at the site of the work and shall be exhibited upon request to any law enforcement officer or the City Engineer or his authorized representative.
(E) The City Engineer shall establish a time limit for work to be accomplished under a right-of-way permit.
(F) A right-of-way permit must be obtained by a Class D Public Way Contractor with a contract for work affecting public property or grounds, utility systems, or work within any street right-of-way, utility easement, or other public property.
9-2-2: SAFETY APPLIANCES AND BARRICADES REQUIRED:
(A) It shall be unlawful for any person to dig or cause to be dug any hole, drain, ditch or any other excavation in any street, alley, sidewalk or other public place within the City without providing during the nighttime sufficient red lights, to be placed with a suitable barricade or temporary fence around such hole, drain, ditch or other excavation in order to prevent injury to persons or property. (A2100)
(B) During the daytime the barricade shall be maintained but warning lights are not required. (A2100)
(C) Every excavation shall be protected at all times by traffic safety appliances as prescribed by "the Manual on Uniform Traffic Control Devices," latest edition, and in such a manner as to minimize the disruption of the flow of traffic in the vicinity of the excavation. (A2100)
11/03 9-2-3 9-2-8
9-2-3: UNLAWFUL TO REMOVE SAFETY APPLIANCES OR BARRICADES: It shall be unlawful to damage, displace, remove or interfere with any barricade, warning light or any other safety appliance which is lawfully placed around or about any street, alley, sidewalk or other excavations or construction work in the City. (A2100)
9-2-4: BACKFILLS: (A2100)
(A) Backfills shall be made in accordance with the plans and specifications furnished or approved by the City Engineer.
(B) Such plans and specifications shall be in conformance with City specifications, and shall be specifically adapted to the particular conditions of travel, load requirements, terrain, subsoil and moisture where the backfill is to be effected.
(C) In the event of settlement or subsidence of a particular excavation or part thereof, the permittee who had performed the excavation work shall be responsible for all repaving and repair costs occasioned thereby.
9-2-5: HINDERING OR OBSTRUCTING WORK PROHIBITED: It shall be unlawful to hinder or obstruct any paving operations or excavations conducted in conformance with the provisions of this Chapter. (A2100)
9-2-6: LIABILITY FOR DAMAGE: Any person who shall undertake work pursuant to a permit issued under the provisions of this Chapter shall be answerable for any damage occasioned to persons, animals or property by reason of carelessness and negligence connected with such work. (1307 2100)
9-2-7: ENFORCEMENT: (2100)
(A) PUBLIC NUISANCE: Any excavation or construction in any street, alley, sidewalk, or other public right-of-way in the City (with or without a permit as required by this Chapter) which constitutes an emergency presenting imminent danger of serious injury to persons or property is hereby declared to be a public nuisance which may be summarily abated pursuant to Sections 8-4-4 and 8-4-5, W.M.C.
(B) VIOLATION: Any person found to be in violation of this Chapter shall be punished as provided in Section 1-8-1, W.M.C.
(C) ADDITIONAL REMEDIES: In addition to the penalties established above, violations of this Chapter shall be cause for the City to proceed against any surety, to commence an action in a court of competent jurisdiction for appropriate legal and equitable relief, and any other action permitted by law. Such failure shall be grounds for revocation or suspension of permits, licenses and registrations held by the violator.
9-2-8: STREET CUT IMPACT FEES:
(A) In addition to the right-of-way permit fee described in Section 9-2-1, above, no person or entity shall cut the pavement of any City street prior to the payment to the City of a street impact fee, to cover the effects of long-term damage to the street pavement created over time by intermittent street cuts. Such fees shall be paid before the issuance of a right-of-way permit.
(B) The street cut impact fee will be established annually by the City Manager, upon recommendation of the City Engineer, and shall be based upon the following factors:
(1) Whether the cut is a longitudinal trench or a transverse trench.
(2) Whether the street was resurfaced within the current year and the last four (4) years or seal coated within the current year and the last two (2) years.
(3) Whether the street is earmarked for total reconstruction within the current year and the next two (2) years in the City’s 5-year pavement management master plan for street improvements.
(4) Normally, fees will be doubled for streets that have been resurfaced within the current year and the past four (4) calendar years, or seal coated within the current year and the past two (2) calendar years.
(5) Normally, fees will be waived for streets scheduled for total pavement reconstruction within the current year and the following two (2) years.
Printed copies of the fee schedule, as amended from time to time, shall be on file in the Office of the City’s Community Development Department.