[R.O. 2009 § 510.070; Ord. No. 3663 § 2, 2-23-2017]
A.
ROW Permit.
1.
ROW Permit Required. Any person desiring
to perform any ROW work, must first apply for and obtain a ROW permit,
in addition to any other building permit, license, easement, franchise,
ROW agreement, or other authorization required by law. It shall be
unlawful for any person to conduct ROW work without a ROW permit unless
otherwise provided.
a.
Excavation Permit. Except as otherwise
provided herein, no person shall install new facilities or perform
excavation without an excavation permit. Any person desiring to excavate
shall first apply for an excavation permit, on an application form
provided by the City, unless such excavation must be performed on
an emergency basis as provided herein. An excavation permit should
be obtained for each project unless otherwise provided for in this
Chapter. All excavation permits shall expire after sixty (60) days
from the date of issuance, unless otherwise specified in the excavation
permit. Each excavation permit shall reference the restoration duty,
performance bond, and insurance requirements. An applicant whose excavation
permit application has been withdrawn, abandoned, or denied for failure
to comply with this Chapter shall not be refunded the application
fee.
b.
Facilities Maintenance Permit. No
person shall perform facilities maintenance at a specified location
in the rights-of-way without first obtaining a facilities maintenance
permit from the Director, except where such facilities maintenance
is expressly authorized by an existing valid excavation permit for
the applicable facilities maintenance location. In addition to the
applicable conditions and obligations set forth in this Chapter, conditions
of a facilities maintenance permit shall be as established in such
permit and shall include requirements of notice to and approval by
the City whenever traffic lanes are to be obstructed, manhole covers
or safety barriers removed or altered, temporary or other barricades
installed, and other events set forth in the facilities maintenance
permit. All facilities maintenance permits shall expire after sixty
(60) days from the date of issuance, unless otherwise specified in
such permit. A facilities maintenance permit shall not be required
for:
(1)
ROW users performing
routine maintenance which does not require excavation, does not disrupt
traffic or pedestrians, and requires no more than four (4) hours to
complete, provided that at minimum two (2) hours' notice is provided
to the City during normal business hours;
(3)
Contractors working
on the construction or reconstruction of public improvements and which
are operating pursuant to a contract with the City for such construction.
(4)
Routine maintenance
on previously approved "small wireless facilities," as defined by
Section 67.5111, RSMo., replacement of such "small wireless facilities"
that are the same or smaller in size, weight, and height, or installation
placement, maintenance, operation, or replacement of "micro wireless
facilities," as defined by Section 67.5111, RSMo., that are strung
on cables between utility poles in compliance with applicable safety
and building codes, when such work will not involve excavation, affect
traffic patterns, obstruct traffic in the ROW, or materially impede
the use of a sidewalk, and provided the ROW user submits as-builts
of such new "small wireless facilities" or "micro wireless facilities"
so the City may maintain an accurate inventory of facilities installed
in the ROW.
[Ord. No. 3888, 12-20-2018]
2.
Emergency Exception. In the event
of an emergency requiring immediate attention to avoid loss of damage
to person or property, it shall be sufficient that the person conducting
the work shall as soon as practicable notify the City of the location
of the ROW work and shall apply for the required ROW permit as soon
as practicable following the commencement of the work, not to exceed
the third business day thereafter.
3.
Bulk Or Individual ROW permits. The
Director may issue individual ROW permits for each specific location
or may issue bulk ROW permit covering multiple projects, types of
actions or locations during a period of up to one (1) year that may
be thereafter performed during that year. Where a bulk ROW permit
is proposed, the applicant shall provide sufficient information regarding
the types of actions and locations to be approved so as to allow the
Director to condition and ensure compliance with safety and other
regulations herein.
4.
Joint ROW Permit Applications. Applicants
may apply jointly for ROW permits at the same time and place. All
joint applicants must jointly execute all required documents and shall
be jointly and severally liable for all duties and obligations hereunder.
Persons who apply jointly may share in the payment of the application
deposit fee. Such persons must agree among themselves as to the portion
each shall pay.
5.
ROW Permit Application. An application
in the form provided by the City for a ROW permit shall be submitted
to the Director. The Director may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the Director determines in his or her discretion to
be necessary and consistent with the provisions of this Chapter and
to accomplish the purposes of this Chapter. Each application shall
at minimum contain the following information, unless otherwise waived
by the Director:
a.
The information required for a franchise
or ROW agreement;
b.
A description of the proposed ROW
work, including a conceptual master plan and an engineering site plan
or other technical drawing or depiction showing the nature, dimensions,
proposed depth of any conduit or any other enclosures, location and
description of the applicant's proposed work or facilities, their
proximity to other facilities and streets that may be affected by
the proposed work, the number of street crossings and entrance crossings
and their locations and dimensions, if applicable, and the number
and character of each proposed cut or excavation;
c.
Projected commencement and termination
dates and anticipated duration of the ROW work or, if such dates are
unknown, a representation that the applicant shall provide the Director
with reasonable advance notice of such dates once they are determined;
d.
Copies of any required certificates
of insurance or performance and maintenance bonds; and
e.
ROW permit application fee as established
by the City.
6.
ROW Permit Review. The Director and
Public Works Director shall review each application on a form provided
by the City for an excavation permit and shall grant, grant with conditions,
or deny all such applications as provided herein within thirty-one
(31) days of receipt thereof. The Director and Public Works Director
shall review each application for a facilities maintenance permit
and shall grant, grant with conditions, or deny all such applications
as provided herein within a reasonable time.
7.
ROW Permit Denial. The Director and
Public Works Director may deny an application for a ROW permit to
the extent allowable by State and Federal law, if denial is deemed
to be in the public interest, including for the following reasons:
a.
Failure to provide information required
by the application or this Chapter;
b.
Failure to return the rights-of-way
to its previous condition under previously issued ROW permits or after
prior excavations by the applicant;
c.
For reasons of environmental, historic,
or cultural sensitivity, as defined by applicable Federal, State,
or local law;
d.
For the applicant's refusal to comply
with alternative ROW work methods, locations, or other reasonable
conditions required by the Director and Public Works Director;
e.
For any other violations of or non-compliance
caused by or through the ROW user of any applicable City, State, or
Federal law or regulation, except where such violation is prohibited
by applicable law for being a basis for denial; and
f.
For any other lawful reason to protect
the public health, safety, and welfare, provided that such denial
does not fall within the exclusive authority of the PSC or interfere
with a ROW user's right of eminent domain and, provided further, that
such denial is imposed on a competitively neutral and non-discriminatory
basis. In determining whether the denial of a ROW permit is necessary
to protect the public health, safety, and welfare, the Director and
Public Works Director may consider one (1) or more of the following
factors:
(1)
The extent to which
the rights-of-way space where the ROW permit is sought is available,
including the consideration of competing demands for the particular
space in the rights-of-way, or other general conditions of the rights-of-way;
(2)
The applicability of
any ordinance, provision of this Code, or other regulations that affects
the location of facilities in the rights-of-way;
(3)
The degree and nature
of disruption to surrounding communities and businesses that will
result from the use of that part of the rights-of-way, including whether
the issuance of a ROW permit for the particular dates and/or times
requested would cause a conflict or interfere with an exhibition,
celebration, festival, or any other event; and
(4)
The failure to comply
with applicable City ordinances, or any other violation, unsafe conditions,
or damage or threatened harm to the rights-of-way or public, except
where such circumstance would otherwise not constitute a lawful basis
for denial of a ROW permit.
8.
ROW Permit Issuance. Each ROW permit
issued by the Director and Public Works Director shall include:
[Ord. No. 3888, 12-20-2018]
a.
Projected commencement and termination
dates or, if such dates are unknown at the time the ROW permit is
issued, a provision requiring the applicant to provide the Director
with reasonable advance notice of such dates once they are determined;
b.
Length of affected area, number of
road crossings, and identification and description of any pavement
or curb cuts included in the work;
c.
Information regarding scheduling
and coordination of work, if necessary;
d.
The location of any of the applicant's
work or facilities, both those proposed and existing, and the location
of any known facilities or other structures owned by another person
that may be affected by the proposed work; and
e.
An acknowledgment and representation
by the applicant to comply with the terms and conditions of the ROW
permit and this Chapter.
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Installation and collocation of a
"small wireless facility" as defined by Section 67.5111, RSMo., shall
be completed within one (1) year of issuance of the ROW permit or
the ROW permit shall become null and void and shall no longer authorize
installation or collocation of such "small wireless facility."
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9.
ROW Permit Specific Conditions. The
Director and Public Works Director may also impose reasonable conditions
upon the issuance of a ROW permit and the performance of ROW work
in order to protect the public health, safety, and welfare, to ensure
the structural integrity of the rights-of-way, to protect the property
and safety of other users of the rights-of-way, and to minimize the
disruption and inconvenience to the traveling public. Such reasonable
conditions may include, but are not limited to:
a.
The amount of excavation or facilities
maintenance which may occur at one (1) time and the amount of rights-of-way
which may be obstructed during construction;
b.
The number or size of conduits or
other facilities that may be installed by each ROW user based on the
reasonable needs to ensure that no one (1) ROW user may unreasonably
consume a disproportionate amount of the available rights-of-way to
deter competition or deprive the public or others of the reasonable
use of the rights-of-way;
c.
Posting of an additional or larger performance and maintenance bond for additional facilities, except as otherwise provided in Section 510.060 hereof, when the established amount is reasonably determined to be insufficient;
d.
The design, location, and nature
of all facilities, based on a non-discriminatory basis in ensuring
the safe, efficient, and appropriate use of the rights-of-way consistent
with this Chapter and applicable law; and
e.
Other reasonable conditions regarding
the timing, safety precautions, space, or specific implementation
of the specific work proposed.
10.
ROW Permit Revocation. The Director
and Public Works Director may, to the extent allowed by applicable
law, revoke a ROW permit without fee refund after notice and an opportunity
to cure, but only in the event of a substantial breach of the terms
and material conditions of the ROW permit or this Chapter or as otherwise
permitted by applicable law. Prior to revocation, the Director shall
provide written notice to the ROW user identifying any substantial
breach and allowing a reasonable period of time not longer than thirty
(30) days to cure the problem, which cure period may be immediate
if certain activities must be stopped to protect the public safety.
The cure period shall be extended by the Director on good cause shown
by the ROW user. A substantial breach, includes, but is not limited
to, the following:
a.
A material violation of a provision
of the ROW permit or this Chapter;
b.
An evasion or attempt to evade any
material provision of the ROW permit or the perpetration or attempt
to perpetrate any fraud or deceit upon the City or its residents;
c.
A material misrepresentation of fact
in the ROW permit application;
d.
A failure to complete ROW work by
the date specified in the ROW permit, unless an extension is obtained
or unless the failure to complete the work is due to reasons beyond
the ROW user's control;
e.
A failure to correct, upon reasonable
notice and opportunity to cure as specified by the Director, work
that does not conform to applicable national safety ordinances, industry
construction standards, this Chapter, or any other applicable ordinances;
and
f.
Any other lawful reason.
11.
Other Remedies. Any breach of the
terms and conditions of a ROW permit shall also be deemed a violation
of this Chapter and in lieu of revocation, the Director may initiate
prosecution of the ROW user for such violation.
12.
Law Compliance Incorporation. Every
ROW permit issued hereunder shall incorporate the requirements and
terms of this Chapter, and all applicable ordinances, to the extent
permitted by law. The ROW user shall perform such work in accordance
with the issued ROW permit and applicable provisions of this Chapter
and any subsequent ordinances or regulations that may be adopted by
the City regarding excavation or facilities maintenance work. In addition,
all ROW users shall be subject to all technical specifications, design
criteria, policies, resolutions and ordinances now or hereafter adopted
or promulgated by the City in the reasonable exercise of its police
power relating to ROW permits and fees, sidewalk and pavement cuts,
facility location, construction coordination, surface restoration,
and other requirements on the use of the rights-of-way. A ROW user
shall perform all excavations or facilities maintenance in full compliance
with all applicable engineering codes adopted or approved by the City,
and in accordance with applicable statutes of the State of Missouri,
and the rules and regulations of the PSC, FCC, and any other local,
State, or Federal agency having jurisdiction over the parties. The
ROW user shall comply with the excavation requirements of Missouri
One Call established by Sections 319.010 et seq., RSMo., as amended.
A ROW user shall be responsible for all excavations or facilities
maintenance done in the rights-of-way on its behalf, regardless of
by whom the excavation or facilities maintenance is done.
13.
Subsurface Utility Engineering Survey.
Unless determined by the Director as unnecessary, prior to the commencement
of any construction or alteration of its facilities located in the
rights-of-way, the ROW user shall furnish to the Director a subsurface
utility engineering study on the proposed route of construction, expansion,
or alteration, which shall consist of the following:
a.
All available plans, plats, and other
location data indicating the existence and approximate location of
all facilities along the proposed construction route;
b.
Completion of a visual survey and
written record of the location and dimensions of any above-ground
features of any underground facilities along the proposed construction
route including, but not limited to, manholes, pedestals, valve boxes,
utility boxes, posts, and visible street cut repairs;
c.
Plot and incorporate the data obtained
from completion of tasks (a) and (b) above onto the provider's proposed
facilities route maps, plan sheets, and digital files; and
d.
Provide all such data collected into
a digital file (or other format as may be identified by the Director)
and deliver a copy to the Director.
