[Ord. No. 3149, 11-15-2022]
A.
Except as otherwise provided herein, no person, service provider, or ROW-user shall perform excavation or work, as those terms are defined in Section 515.010 hereof, in the right-of-way without a right-of-way permit.
B.
No adjoining property owner shall construct, maintain, or permit
in or on the portion of the public right-of-way to which such land
is adjacent, any fixed structure, material or object without having
obtained the appropriate right-of-way permit and license if required
by the City's encroachment policy.
C.
The application for a right-of-way permit shall be submitted to the
City Engineer either by the registered ROW-user or an authorized agent
of the ROW-user who will do the work and/or excavation in the right-of-way.
If the ROW-user is performing work under a building permit issued
by the City it may be used to satisfy this requirement provided the
permit holder has agreed to be subject to this Chapter of the City
Code for all work regardless of its nature in the right-of-way, all
insurance and bonds as required hereunder are in force and approved
and the ROW-user is identified as a subcontractor or contractor acting
under such building permit and has a City business license.
D.
If the City Engineer determines that the applicant has satisfied the requirements of this Chapter, the encroachment policy, the City Code, and all applicable laws and regulations, the City Engineer shall issue a right-of-way permit. A right-of-way permit issued as a part of a building permit with all conditions of Subsection (C) of this Section met, such right-of-way permit shall be considered as being issued by the City Engineer provided the applicant has submitted himself/herself/itself to the conditions and requirements of this Chapter and there exists no reason that the City Engineer would not grant a separate right-of-way permit to such person or entity.
E.
Any person who is found to be working or excavating in the public
right-of-way without a right-of-way permit will be directed to stop
the excavation or work until a right-of-way permit is acquired and
available at the excavation or work site and shall be subject to further
enforcement action in accordance with this Chapter.
F.
Except as otherwise provided herein, no person, service provider,
or ROW-user shall narrow, close, alter, affect, or otherwise impact
the normal flow of vehicular traffic or pedestrian traffic in the
right-of-way without a temporary traffic control permit.
G.
The application for a temporary traffic control permit shall be submitted
to the City Engineer either by the registered ROW-user or an authorized
agent of the ROW-user who will do the temporary traffic control.
H.
If the City Engineer determines that the applicant has satisfied
the requirements of this Chapter, the encroachment policy, this Code,
and all applicable laws and regulations, the City Engineer shall issue
a temporary traffic control permit.
I.
Any person who is found narrowing, closing, altering, affecting or
otherwise impacting the normal flow of vehicular traffic or pedestrian
traffic in the right-of-way without a temporary traffic control permit
will be directed to stop the cause for temporary traffic control,
remove all temporary traffic control devices, restore normal traffic
conditions and leave the site until a temporary traffic control permit
is acquired and available at the site.
J.
No person shall place a temporary obstruction in the right-of-way
except with the written consent of the City Engineer, and such consent
shall be subject to such terms and conditions as the City Engineer
shall in his/her discretion determine necessary.
K.
Conditional use waivers and/or license agreements shall be obtained
as required by the City's encroachment policy before a permit
is issued. Conditional use waivers or license agreements, along with
the attachments deemed necessary by the City Engineer, shall be submitted
to the Public Works Department on the form provided by the City. The
ROW user shall comply with all terms and conditions of the license
agreement and procure the required insurance as directed by the City
Attorney. Upon receipt of a completed application, the City Engineer
will have ten (10) business days to: (a) return with comments, (b)
deny, or (c) approve the conditional use waiver or license agreement.
Following approval of an appropriate agreement, a ROW permit must
be acquired, as applicable, before constructing, installing or maintaining
authorized improvements within the licensed premises.
[Ord. No. 3149, 11-15-2022]
A.
The right-of-way permit application shall be on the form provided
by the City Engineer and at a minimum shall include the following:
1.
Compliance with all of the necessary registration requirements
of this Chapter, including:
a.
If the applicant is a person other than the registered ROW-user,
proof that the applicant is an agent of the registered ROW-user, authorized
to do the excavation or work in the permit request; or
b.
If the applicant is not performing excavation or work related
to facilities in the right-of-way, proof that they are the adjoining
property owner or an agent of the adjoining property owner, authorized
to do the excavation or work in the permit request.
2.
Attachments, including engineering drawings, construction plans,
profiles, specifications, and as-builts, in the form maintained by
the ROW-user, showing the location and area of the proposed project,
that the structures or facilities planned to be used meet generally
accepted engineering standards for support and soundness for the use
intended, including wind and ice loading, the location of all existing
and proposed facilities at such location and certification that the
proposed project complies with the Design Standards on file in the
office of the City Engineer; which documents shall be confidential
and not disclosed to third parties to the extent permitted by law;
3.
A temporary traffic control permit, if applicable;
4.
An excavation or work plan, including a schedule indicating
the extent and duration of such plan, including a proposed start and
end date;
5.
All applicable right-of-way permit fees as provided in this
Chapter;
6.
Payment of all money due to the City for right-of-way permit
fees, for prior excavation or work costs, for any loss, damage or
expense suffered by the City because of the applicant's prior
excavation or work in the right-of-way or for any emergency actions
taken by the City, unless the payment of such money is in dispute
and timely appealed as provided hereafter;
7.
Performance and maintenance bonds as provided in this Chapter;
8.
Attachments, studies or other documents that establish to the
City Engineer's satisfaction that use of the right-of-way will
not interfere in any manner with the City's use of communication
devices or with other users of the right-of-way for communication
services; and
9.
Documentation that the applicant (or its proposed tenant) is
authorized, and obtained all necessary government approvals, to provide
service using the structure or excavation being proposed.
B.
The temporary traffic control permit application shall be on the
form provided by the City Engineer and at a minimum shall include
the following:
1.
Compliance with all of the necessary registration requirements
of this Chapter, including, if the applicant is a person other than
the registered ROW-user, proof that the applicant is an agent of the
registered ROW-user authorized to do temporary traffic control;
2.
Attachments, including engineering drawings, construction plans,
traffic control plans, and specifications, in a form acceptable to
the City, showing the location and area of the proposed project and
the location of all existing and proposed traffic control at such
location;
3.
A right-of-way permit, if applicable;
4.
A schedule indicating the extent and duration of such plan,
including a proposed start and end date;
5.
All applicable temporary traffic control permit fees as provided
in this Chapter;
6.
Payment of all money due to the City for temporary traffic control
permit fees, for prior temporary traffic control costs, for any loss,
damage or expense suffered by the City because of the applicant's
prior temporary traffic control in the right-of-way or for any emergency
actions taken by the City, unless the payment of such money is in
dispute and timely appealed as provided hereafter.
C.
The right-of-way permits issued under this Chapter shall only be
good for the area specified in the application and the permit itself.
No work may take place outside the permit boundaries without a separate
right-of-way permit.
[Ord. No. 3149, 11-15-2022]
A.
The right-of-way permit fee and temporary traffic control permit
fee shall be recommended by the City Engineer, approved by the Board
of Aldermen and listed in the Schedule of Fees and Charges maintained
in the City Clerk's office.
B.
Right-of-way permit fees and temporary traffic control permit fees
shall be:
1.
Based on the actual, substantiated costs reasonably incurred
by the City in managing the right-of-way;
2.
Based on an allocation among all users of the right-of-way,
including the City, which shall reflect the proportionate costs imposed
on the City by each of the various types of uses of the right-of-way;
3.
Imposed on a competitively neutral and nondiscriminatory basis;
4.
Imposed in a manner so that aboveground uses of the right-of-way
do not bear costs incurred by the City to regulate underground uses
of the right-of-way; and
5.
Shall not be offset or construed to replace any business license
or other tax the ROW-user is subject to under applicable ordinance,
Code or State law.
C.
In determining the actual costs reasonably incurred by the City in
managing the right-of-way, the City may include the following:
1.
The cost of issuing, processing and verifying right-of-way permit
and temporary traffic control permit applications;
2.
The cost of inspecting job sites, traffic control installations
and conditions, and restoration projects;
3.
The cost of protecting or moving ROW-user construction equipment
and materials after reasonable notification to the ROW-user;
4.
The cost of determining the adequacy of public right-of-way
restoration;
5.
The cost of restoring temporary traffic control, excavation
or work inadequately performed after providing notice and the opportunity
to correct the temporary traffic control, excavation or work, including
re-inspection fees;
6.
The cost of revoking right-of-way permits or temporary traffic
control permits.
D.
Fees paid for a right-of-way permit or a temporary traffic control
permit, which is subsequently revoked by the City Engineer, are not
refundable.
E.
The right-of-way permit fee shall be imposed as set forth in the City's Schedule of Fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, as may be amended from time to time.
F.
The temporary traffic control permit fee shall be imposed as set forth in the City's Schedule of Fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, as may be amended from time to time.
G.
The cost of engineering inspection of engineering drawings, construction plans, profiles, specifications and as-builts shall be imposed as set forth in the City's Schedule of Fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, as may be amended from time to time.
H.
In the event the scope of the project is revised during the course
of the excavation or work, the City Engineer may recalculate the fee
based on the actual size of the excavation or work, and may require
an additional right-of-way permit fee.
I.
In the event the scope of the project changes such that temporary
traffic control is revised, the City Engineer may recalculate the
fee based on the actual impact, and may require an additional temporary
traffic control permit fee but in no event shall the City grant credits
or refunds based on an overpayment of the permit fee.
J.
The City Engineer may establish a system providing for payment of
right-of-way permit fees by ROW-users in bulk.
[Ord. No. 3149, 11-15-2022; Ord. No. 3178, 3-7-2023]
A.
Right-of-way permit conditions include the following:
1.
The City Engineer may impose reasonable conditions upon the
issuance of a right-of-way permit and the performance of the ROW-user
in order to protect the public health, safety and welfare, to ensure
the structural integrity of the right-of-way, to protect the property
and safety of other users of the right-of-way, and to minimize the
disruption and inconvenience to the general public. Such permits shall
be deemed to be subject to, and anyone obtaining such a permit shall
be deemed to have consented to, the following conditions:
a.
Compliance with Missouri One Call statutes, regulations and
policies;
b.
Compliance with the City Code, including its right-of-way ordinances,
encroachment policy, zoning and subdivision regulations, all applicable
laws and regulations, and any restrictions contained in any documents
relating to the acquisition nor limit of use of the area the permit
is being obtained for;
c.
Agreement to pay just compensation charged in an attachment
agreement or to pay just compensation should the City charge for the
use of its rights-of-way in the future;
d.
Agreement to indemnify and hold the City harmless from the ROW-user's
use of the right-of-way which shall include defense and payment of
money for attorneys' fees and all costs provided such condition
provides that it is not to be deemed a waiver of sovereign or other
immunities or defenses available to the City, its officials, employees
and agents;
e.
Compliance with the Design and Construction Manual and all Design
Standards of the City and on file with the City Engineer;
f.
At all times any structure or facility used to support any ROW-user's
equipment shall be structurally sound and not subject to failure for
defects in design, maintenance, wear and tear, or weather conditions
as identified by the City Engineer; and
g.
All notices may be provided to the address of record for the
facility with the Public Service Commission, the Platte County Assessor,
the registered agent as shown at the Secretary of State of Missouri,
or any entity granting the ROW-user permission to operate within the
State of Missouri.
2.
When a right-of-way permit is requested for purposes of installing additional facilities and the performance and maintenance bonds for additional facilities is reasonably determined to be insufficient, the posting of an additional or larger performance or maintenance bond for the additional facilities may be required by the City Engineer, except as otherwise provided in Article X hereof.
3.
An ROW-user shall perform all excavation or work in full accord
with any and all applicable engineering codes, the Design and Construction
Manual, and Design Standards adopted or approved by the City and in
accordance with applicable statutes of the State of Missouri, and
the rules and regulations of the Commission or any other local, State
or Federal agency having jurisdiction over the parties. An ROW-user
shall perform all excavation or work in conformance with all applicable
codes and established rules and regulations and shall be responsible
for all excavation or work done in the right-of-way pursuant to its
right-of-way permit, regardless of by whom the excavation or work
is done.
4.
Except in cases of an emergency or with approval of the City
Engineer, no right-of-way excavation or work may be done in violation
of a stop work order issued by the City Engineer if in his or her
determination conditions are unreasonable for such excavation or work
based on standard engineering and construction practices.
5.
An ROW-user shall not disrupt a right-of-way such that the natural
free and clear passage of water through the gutters or other waterways
is interfered with. No person may park private vehicles within or
next to the work or excavation area, except for such areas which may
be designated and marked as safe areas for vehicle parking in accordance
with an approved temporary traffic control permit.
6.
If excavation or work is being done for the ROW-user by another
person, a subcontractor or otherwise, the ROW-user shall be responsible
for ensuring that the excavation or work of said person is performed
consistent with its right-of-way permit and applicable law and shall
be responsible for promptly correcting acts or omissions by said person.
7.
The City Engineer may establish in the right-of-way permit limitations
on the amount of excavation or work which may occur at one (1) time
and the amount of right-of-way which may be obstructed during construction.
8.
The ROW-user shall, in the performance of any excavation or
work required for the installation, repair, maintenance, relocation
and/or removal of any of its facilities, limit all excavation or work
to that necessary for efficient operation.
9.
The ROW-user shall not permit excavation or work to remain open
longer than is necessary to complete the repair or installation, and
in no event may excavation or work remain open beyond the expiration
of the right-of-way permit or any approved extension.
10.
The ROW-user shall perform excavation or work on the right-of-way
at such times that will allow the least interference with the peace
and quiet of the neighborhood, and in accordance with the City's
Noise Ordinance.
11.
The ROW-user shall notify impacted property owners of abutting
property, by providing door hangars, of the schedule of work.
12.
The City Engineer may limit the number of conduits 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 right-of-way to deter competition.
13.
All utility installations in excess of a total of two thousand
five hundred (2,500) linear feet shall require a pre-construction
meeting prior to commencement of any work on the right-of-way.
14.
Street cut plates shall be placed in accordance with the City's
specifications and shall not be in place for more than ten (10) calendar
days without written approval of the City Engineer.
15.
The City Engineer may allow street cuts on an individual review
basis based on the criteria set out in this Chapter and the City's
Design Standards.
16.
All street cuts shall be restored in their entirety within ten
(10) days of the street cut unless approved in writing by the City
Engineer. Failure to complete within the ten (10) days shall constitute
cause for the City to restore the cut and the permit holder shall
reimburse the City its costs.
17.
Any action or inaction by a permit holder that results in the
City restoring or repairing of the right-of-way due to failure to
comply with these or other conditions shall constitute cause for not
issuing future permits and for the permit holder to be financially
responsible to reimburse the City all of its costs whether from any
bond held by the City or other means at the option of the City.
18.
The ROW-user will provide flags to adjacent property owners
to mark any items in the right-of-way which might potentially be damaged
by the work.
B.
Except as otherwise provided in this Chapter, and as except as may
be limited by the Federal Communications Commission (FCC), the Commission,
or any other local, State or Federal agency having jurisdiction over
the ROW-user, all facilities shall be installed underground within
designated easements by the service provider. The subdivider, developer
or owner of any such area or potion thereof shall make the necessary
arrangements for the installation of underground facilities. Such
arrangements shall be made with the service provider. These provisions
do not prevent the replacement of poles, overhead wires, and associated
overhead structures on these lines when necessary for the purpose
of maintaining the line or upgrading the capacity thereof; and shall
not apply to any of the following uses:
1.
All electrical power lines rated at or above "feeder" line class
— a portion of an electrical circuit which provides power from
a power substation and which has a rated capacity of three thousand
(3,000) KVA or more.
2.
All telecable lines rated at or above "trunk" line class —
a portion of a telecable systems line that is zero and seventy-five
hundredths (0.750) inch in diameter.
3.
Existing poles, overhead wires, and associated overhead structures,
when part of a continuous line, or services to individual properties
from such existing overhead lines that are within a subdivision previously
approved in accordance in conformance with existing regulations.
4.
Existing poles, overhead wires, and associated overhead structures,
when part of a continuous line, or services to individual properties
from such existing overhead lines that serve properties adjacent to
but not within areas being subdivided.
5.
Any communication line which would otherwise be required by
this Chapter to be underground that uses an overhead pole or structure
exempted by this Chapter.
6.
Radio and television antennas.
7.
Structures on corner lots, in streets and alleys, and on easements
adjacent thereto, and in cases where electrical and communication
wires cross a street or other district boundary from an area where
overhead wires are not prohibited, may be connected to said overhead
wires.
8.
Overhead lines attached to the exterior surface of a building
by means of a bracket or other fixture and extending from one location
of the building to another location of the building or to an adjacent
building without crossing a property line.
9.
Poles used exclusively for street or area lighting or for traffic
control facilities.
10.
Service terminals, transformers, regulators, meters or other
on- and above-ground appurtenances normally used with and as a part
of an underground distribution system.
C.
Restrictions on poles, facilities, similar structures and certain
equipment in the right-of-way in addition to Design and Construction
Manual and the Design Standards on file: When a pole, other facility
or supporting equipment is not a part of a designed or constructed
portion of an electrical, natural gas or communication distribution
system made up of mostly wires, pipes and poles which serve the community
and which are designed to be physically connected to each other, the
following restrictions shall apply to pole and facility placement
unless a different location is approved by the City Engineer upon
a showing of: (a) the location being necessary to the provision of
services, (b) that the ability to use the right-of-way by others,
including abutting landowners, utility users, the City, pedestrians
and vehicles will not be impeded nor thwarted from the original purpose
of the right-of-way, (c) the compatibility with design guidance, and
(d) that the public and adjacent property safety may be maintained.
1.
To the greatest extent possible a pole shall be located adjacent
to what would be a side yard area of a property outside of any driveway
or sight triangle or in the area of the front yard of any structure
drawing parallel lines from the edges of the structure to the right-of-way
line;
2.
The placement of a pole or similar facility and supporting equipment
may not occupy the entire available right-of-way area between the
curb and edge of the sidewalk closest to the curb;
3.
The pedestrian and vehicular paths may not be blocked, impeded
or rendered out of compliance with any State, Federal or local law
dealing with pedestrian or vehicular passage or use such as, but not
limited to, Americans with Disabilities Act, 42 U.S.C. § 12101
et seq.;
4.
A pole may not be placed closer to any structure on abutting
property than its natural fall path in the event it structurally fails
or is struck by a vehicle, but in no event less than a 1:1 ratio for
single material/piece construction such as a wood pole;
5.
A pole may not block the view of or from the primary structure
on any lot, parcel or tract;
6.
A pole may not be taller than ten (10) feet above: (i) the top
of the tree canopy in the same City block where the pole is to be
installed or (ii) a pole that is part of a distribution system within
one (1) block of the proposed placement;
7.
To demonstrate at any time reasonably requested by the City
Engineer that the structure or facility being used to support any
equipment or that is remaining in the right-of-way is structurally
sound and does not present a threat to the public, other right-of-way
users or abutting or adjoining property and land owner safety or to
property that is lawfully in place in the immediate vicinity of the
structure or facility; and
8.
Security in a form acceptable to the City Attorney's office
shall be deposited with the City Finance Director for the purpose
of ensuring that should a pole's placement, existence, code violation
or structural failure cause harm or injury of any kind to a user of
the right-of-way or abutting property, or property located in the
right-of-way or other property not located in the right-of-way, that
any damages or costs may be recovered. Such security may include,
but not be limited to, an agreement for indemnification and hold harmless
of the City and abutting landowner and a pledge of assets to support
such agreement, a pledge of assets, a lien on property owned by the
pole provider or user that may be enforced, sufficient assets of at
least twenty-five million dollars ($25,000,000.00) that are not pledged
to another, insurance renewable annually naming the City as an additional
insured, and such insurer shall owe the City a duty of defense, a
bond or similar document so that this security functions in the same
manner as other security for operations and structure issues of similar
development in the event of harm, failure or code violations.
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A violation of any of the restrictions set out in this Subsection in the actual placement, or subsequent to placement, of the equipment, facility or pole may result in the permit for occupancy of or use of the right-of-way being revoked and the facility or pole ordered removed at applicant's sole cost by order of the City Engineer. All costs of the City in enforcing this Chapter, including, but not limited to, revocation shall be paid by applicant, including attorney's fees upon written demand by the City Administrator, to the name and address last on file at the City. If the applicant for the placement of, or any transferee of ownership interests in, the pole, equipment or facility does not agree with the decision of the City Engineer, such applicant may seek review or an appeal in the same manner as provided for in Article IX of this Chapter.
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D.
Temporary traffic control permit conditions include the following:
1.
The City Engineer may impose reasonable conditions upon the
issuance of a temporary traffic control permit and the activities
of the ROW-user in order to protect the public health, safety and
welfare, to ensure the structural integrity of the right-of-way, to
protect the property and safety of other users of the right-of-way,
and to minimize the disruption and inconvenience to the traveling
public.
2.
An ROW-user shall comply with all laws, ordinances, codes, regulations
and all applicable engineering codes adopted or approved by the City.
An ROW-user shall be responsible for all traffic control in the right-of-way
pursuant to its Temporary Traffic Control Permit, regardless of who
performs the temporary traffic control.
3.
The City Engineer may order the cessation of temporary traffic
control approved by such permit if in the opinion of the City Engineer,
based on standard engineering and construction practice, conditions
are unreasonable for the continuation of such temporary traffic control.
Except in cases of an emergency or with the approval of the City Engineer,
there shall be no interruption of normal traffic in violation of a
stop work order issued by the City Engineer.
4.
No person may park private vehicles within or next to the temporary
traffic control area, except for such areas which may be designated
and marked as safe areas for vehicle parking in accordance with an
approved plan and areas where parking is legally permitted under normal
conditions.
5.
If temporary traffic control is being done for the ROW-user
by a third person, such as a subcontractor, the ROW-user shall be
responsible for ensuring that the temporary traffic control of said
third person is performed consistent with the temporary traffic control
permit and applicable law and the permit holder shall be responsible
for promptly correcting any wrongful or erroneous acts or omissions
by said third person.
6.
The City Engineer may establish in the temporary traffic control
permit limitations the extent to which traffic may be impacted at
any one (1) time.
7.
The ROW-user shall limit all temporary traffic control to that
which is approved through the permit.
8.
The ROW-user shall not impact normal traffic flow longer than
is necessary to complete the project, and in no event may the impact
to traffic exceed the expiration of the temporary traffic control
permit or any approved extension.
9.
Non-emergency temporary traffic control on arterial and collector
streets may not be performed before 9:00 A.M. and after 4:00 P.M.,
Monday through Friday, nor anytime on Saturday, Sunday or public holidays
observed by the City of Parkville. The City Engineer may grant exception
to this condition in the temporary traffic control permit.
E.
Terms And Conditions For Small Wireless Facilities. The City of Parkville's terms and conditions for the placement of wireless facilities in the right-of-way, as approved by the Board of Aldermen in Code Section 410.010, is hereby adopted and incorporated in this Chapter as fully as if set forth herein.
[Ord. No. 3149, 11-15-2022]
Issued right-of-way permits and temporary traffic control permits
are not transferable without prior written consent of the City Engineer.
The City Engineer shall not unreasonably withhold consent for transfer
of a right-of-way permit or a temporary traffic control permit.
[Ord. No. 3149, 11-15-2022]
A.
A right-of-way permit and a temporary traffic control permit shall
only be valid for the area specified within such permit.
1.
No ROW-user may cause any excavation or work to be done outside
the area specified in the right-of-way permit, except as provided
herein.
2.
No ROW-user may cause temporary traffic control to be done outside
the area specified in the temporary traffic control permit, except
as provided herein.
3.
Any ROW-user who determines that an area greater than that which
is specified in the right-of-way permit must be excavated must do
the following prior to the commencement of excavation or work in that
greater area:
4.
Any ROW-user who determines that temporary traffic control is
necessary for an area greater than that which is specified in the
temporary traffic control permit must do the following prior to the
commencement of temporary traffic control in that greater area:
B.
A right-of-way permit and a temporary traffic control permit shall
be valid for sixty (60) days unless a shorter amount of time is specified
in the permit.
1.
No ROW-user may commence excavation or work before the right-of-way
permit start date or, except as provided herein, may continue excavation
or work after the end date. If an ROW-user does not complete the excavation
or work by the right-of-way permit end date, the ROW-user must apply
for and receive a new right-of-way permit or a right-of-way permit
extension for additional time.
2.
No ROW-user may perform temporary traffic control before the
temporary traffic control permit start date or, except as provided
herein, continue temporary traffic control after the end date specified
in the permit. If an ROW-user requires temporary traffic control beyond
the temporary traffic control permit end date, the ROW-user must apply
for and receive a new temporary traffic control permit or a temporary
traffic control permit extension for additional time.
3.
If work will continue beyond length of time specified in the
permit, the ROW-user must apply for another permit. To qualify for
working in the ROW without interruption, a supplementary application
must be submitted to the City and approved prior to the permit end
date.
C.
A right-of-way permit and a temporary traffic control permit will
only be valid for those persons indicated on the approved permit and
may only be transferred with prior written consent of the City Engineer.
[Ord. No. 3149, 11-15-2022]
A.
The City Engineer may choose to inspect the ongoing permitted temporary
traffic control, excavation, or work in the right-of-way at any time
to ensure that all requirements of the approved right-of-way permit
or temporary traffic control permit are being met by the ROW-user.
B.
At the time of any inspection, the City Engineer may order the immediate
cessation, through a stop work order, of any temporary traffic control,
excavation or work which poses a serious threat to the life, health,
safety, or wellbeing of the public.
1.
The City Engineer may issue a citation to the ROW-user for any
temporary traffic control, excavation or work which does not conform
to the applicable standards, conditions, Code or terms of the right-of-way
permit or temporary traffic control permit.
2.
An officer of the Police Department may also issue a citation
to the ROW-user for any temporary traffic control which does not conform
to the applicable standards, conditions, Code or terms of the temporary
traffic control permit, as determined by the City Engineer.
3.
The citation shall include notice that failure to correct the
violation within the time specified in the citation will be cause
for revocation of the applicable right-of-way permit or temporary
traffic control permit.
C.
Fees for inspection services shall be imposed as set forth in the City's Schedule of Fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, as may be amended from time to time. The full amount of the inspection fee will be calculated at the time of permitting based on the project schedule to be submitted and must be paid in advance. At project close-out, the actual number of inspection hours will be used to determine whether a refund is due or an additional inspection fee is due.
[Ord. No. 3149, 11-15-2022]
Issued right-of-way permits and temporary traffic control permits
shall be available by the ROW-user at all times at the indicated project
site and shall be available for inspection by the City Engineer, other
City employees and the public.
[Ord. No. 3149, 11-15-2022]
The ROW-user shall notify the office of the City Engineer upon
completion of the temporary traffic control, excavation or work authorized
by the applicable right-of-way permit or temporary traffic control
permit.
[Ord. No. 3149, 11-15-2022]
A.
The City Engineer may deny an application for a right-of-way permit,
license, or a temporary traffic control permit if:
1.
The ROW-user, or any persons acting on the behalf of the ROW-user,
fails to provide all the necessary information requested by the City
for managing the public right-of-way.
2.
The ROW-user, or any persons acting on the behalf of the ROW-user,
including contractors or subcontractors, has a history of non-compliance
or permitting non-compliance within the City. For purposes of this
Section, "history of non-compliance, or permitting non-compliance,
within the City," shall mean the ROW-user, or any persons acting on
the behalf of the ROW-user, including contractors or subcontractors,
has failed to return the public right-of-way to its previous condition
under a previous right-of-way permit or temporary traffic control
permit.
3.
The City has provided the ROW-user with a reasonable, competitively
neutral, and nondiscriminatory justification for requiring an alternative
method for performing the temporary traffic control, excavation or
work identified in the respective right-of-way permit or temporary
traffic control permit application or a reasonable alternative route
that will result in neither additional installation expense up to
ten percent (10%) to the ROW-user nor a declination of service quality.
4.
The City determines that the 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 an ROW-user's
right of eminent domain of private property, and such denials shall
only be imposed on a competitively neutral and non-discriminatory
basis. In determining whether denial of a right-of-way permit or a
temporary traffic control permit application is necessary to protect
the public health and safety, the City Engineer may consider one (1)
or more of the following factors:
a.
The extent to which the right-of-way space where the right-of-way
permit or temporary traffic control permit is sought is available,
including the consideration of competing demands for the particular
space in the right-of-way as well as capacity for planned future uses,
or other general conditions of the right-of-way.
b.
The applicability of any ordinance, Code provision, encroachment
policy, other laws, or other regulations that affect the location
of facilities and public travel in the right-of-way.
c.
The degree of disruption or impact to surrounding communities
and businesses that will result from the multiple excavations and/or
use of that part of the right-of-way, including whether the issuance
of a right-of-way permit, license, or a temporary traffic control
permit for the particular dates and/or times requested would cause
a conflict or interfere with an exhibition, celebration, festival,
or any other event.
5.
The area is environmentally sensitive as defined by State Statute
or Federal law or is an historic district defined by local ordinance,
or contains restrictions on use related to environmental concerns
such as, but not limited to, preservation of wetlands, and the applicant
has not shown how it will comply with any restrictions or mitigate
the presence of the structure, pole, equipment or excavation so as
to preserve the environment or historic character of the area, in
accordance with local, State and Federal law.
6.
An inability of the ROW-user to establish the financial capabilities
and guaranteed commitment to provide or have access to the necessary
investments or monetary assets to erect, maintain, and operate the
proposed facilities.
7.
Compliance of the planned use or facilities with the City Code,
ordinances or restrictions, or the applicability of same.
8.
Any other consideration based on the interest of the public
safety and welfare or the property rights of itself or others.
9.
The proposed equipment or facility will incommode the public,
diminish the rights of use of abutting landowners or impede or interfere
with the use of other ROW-users, the travelling public or the City.
[Ord. No. 3149, 11-15-2022]
A right-of-way permit and temporary traffic control permit are
required for emergency situations that are not the result of a declared
emergency or disaster by the State, Federal or local agencies empowered
to enter such declarations. If, however, due to such emergency that
is not the result of a declaration of disaster or emergency, and it
is necessary for the ROW-user to immediately perform temporary traffic
control, excavation or work in the right-of-way, and it is impractical
for the ROW-user to first get a right-of-way permit or a temporary
traffic control permit, the temporary traffic control, excavation
or work may be performed, and the required permit shall be obtained
as soon as reasonably possible, but not later than five (5) business
days after the temporary traffic control, excavation or work is begun.
The ROW-user shall notify the City's Public Works Department
if emergency temporary traffic control, excavation or work is necessary.
[Ord. No. 3149, 11-15-2022]
A.
ROW-users performing routine maintenance which does not require excavation
or work in the right-of-way, which does not disrupt traffic, and which
does not require more than two (2) hours to complete, shall be exempt
from the requirement of a right-of-way permit, provided that at a
minimum two (2) hours' notice is proved to the City during normal
business hours.
B.
An ROW-user shall not be required to obtain a right-of-way permit
or a temporary traffic control permit for temporary traffic control,
excavation or work which is necessary because of an emergency, and
that emergency is declared by a proper governmental authority with
jurisdiction over the emergency to be a "disaster" or "state of emergency"
under Federal, State or local law until thirty (30) days following
the effective date of the emergency declaration. In the event that
temporary traffic control, excavation or work is necessary during
a disaster or state of emergency, the ROW-user performing temporary
traffic control, excavation or work in the right-of-way shall notify
the Public Works Department of the nature and scope of the temporary
traffic control, excavation or work to be performed in the right-of-way,
along with the location of the temporary traffic control, excavation
or work, and the estimated time of the temporary traffic control,
excavation or work.
