[Ord. No. 3149, 11-15-2022]
A. The ROW-user shall identify and locate any underground facilities
in conformance with the "Missouri One Call" system prior to any excavation.
Failure to do so may result in future permits being denied or the
revocation of current permits and a requirement to remove or relocate
existing facilities, equipment, poles or structures.
B. Prior to the commencement of any placement or expansion of facilities
that are greater than fifteen (15) feet in height and/or larger than
five (5) cubic feet in volume, the ROW-user shall provide at least
twenty (20) days' written notice to all property owners within
fifty (50) foot or twice the height of the proposed facility or equipment
radius of the proposed location to abutting landowners in a form approved
by the Director of Public Works of the City and during the time of
any excavation or construction of facilities or placement of equipment
shall post a telephone number of a person to whom the abutting landowner
may speak about complaints or conditions on the ROW adjacent to said
landowner's property or interference with the enjoyment of the
owner's land. All complaints must be acknowledged by the ROW-user
and reported to the City on a form approved by the City Engineer.
The form of notice shall include at least the following:
1.
Vertical and horizontal dimension of the facility or equipment;
2.
Sketch of the general location of the activity and placement
of the facility or equipment, including adjacent buildings; and
3.
The construction schedule; and
4.
Any other pertinent information as determined by the Director
and approved.
C. All excavations shall be made in accordance with the City's
Design and Construction Manual, the Design Standards, and all other
regulations, policies or Codes of the City.
[Ord. No. 3149, 11-15-2022]
A. The ROW-user shall be liable for any damages to facilities due to
excavation or work performed prior to obtaining the location of all
facilities in the area in which the excavation or work is to be performed,
or for any damage to facilities that have been properly identified
prior to excavation or work. The ROW-user shall not make or attempt
to make repairs, relocation or replacement of damaged or disturbed
facilities without the approval of the owner of the facilities.
B. Whenever there is excavation or work by the ROW-user, the ROW-user shall be responsible for acquiring all necessary temporary traffic control permits and providing adequate temporary traffic control to the surrounding area as provided in this Chapter. In the event the excavation or work is not completed in a reasonable period of time, the ROW-user may be liable for actual damages to the City for delay caused by the ROW-user pursuant to Article
X hereof.
C. The ROW-user responsible for the excavation or work who leaves any debris in the right-of-way shall be responsible for providing all necessary temporary traffic control and safety protection in accordance with the temporary traffic control permit and any applicable Federal or State requirement. The ROW-user shall also be responsible for removing said debris from the right-of-way. If the ROW-user fails to comply with the temporary traffic control permit or fails to remove debris from the right-of-way, the ROW-user shall be responsible for damages to the City, or its contractors, resulting from said failures and shall indemnify the City and its contractors as provided in Article
X hereof.
D. In the event the ROW-user severely disturbs or damages the root structure
of any tree in the right-of-way to the detriment of the health and
safety of the tree, the ROW-user shall be required to remove and replace
the tree at the ROW-user's cost. Further, in review of the ROW-user's
plan, the City Engineer, in his or her discretion, may require the
ROW-user to directionally bore around any tree in the right-of-way.
E. The ROW-user shall be solely responsible for the costs of moving
any facilities of any kind within the right-of-way to accommodate
the City or any other governmental entity's project as designed
by the City or such governmental entity, and if the ROW-user does
not move or remove such facilities and additional cost or delay results
to the City, the City may select its own contractor to move or remove
such facilities and may seek full reimbursement, and ROW-user shall
reimburse City, any and all costs of such move or removal, including
increased costs to the City's public works project, attorneys'
fees to obtain reimbursement and any and all court costs and expert
witness fees. City may exercise such right to obtain its own contractor
upon written notice to the ROW-user at the address provided in the
permit application form or as updated from time to time by the ROW-user.
F. The ROW-user shall make certain at all times that sufficient security
exists in a form acceptable to the City Attorney and City Engineer
to assure that the obligations of the ROW-user shall be met which
may include sufficient assets, letter of credit, bond, or a pledge
of other property.
G. The ROW-user shall at all times maintain proper registration with
the Missouri Secretary of State and have a registered agent within
this State who may accept notices required to be served under this
Chapter and service of process while using, occupying or engaged in
construction activities within the City's right-of-way.
H. The ROW-user shall at all times maintain facilities, furnishings
and any other equipment or structures in compliance with the City's
Design and Construction Manual, Design Standards and encroachment
policy.
I. The ROW-user agrees and acknowledges by acceptance of any permit
after adoption of this Chapter as amended and including this paragraph,
that its use of the ROW is a license only unless it already has in
place a franchise agreement with City, and by accepting and using
a permit agrees to be bound by the terms and conditions of such license
set out in this Chapter and that such license is enforceable by City
in the same manner as any license to use property under Missouri and
Federal law.
J. The ROW-user will maintain and comply with or promptly apply for
and obtain any franchise, license, or conditional use waiver the City
requires at the time of the permit application or, if none is required
by the City at such time for the services or structures/equipment
being installed, in the future should the City decide to require franchise
agreements for ROW-users if none are required for the services being
provided by the ROW-user at the time of application and installation
or commencing use of any structure, equipment or excavation.
[Ord. No. 3149, 11-15-2022]
All temporary traffic control, excavation or work performed
in the right-of-way shall be done in conformance with the City's
Design and Construction Manual and Design Standards on file in the
office of the City Engineer. The interpretation of such manuals and
design standards, in the sole discretion of the City Engineer or Public
Works Director, shall be binding on all ROW-users and such interpretation
is a condition of any right to excavate, work or use the right-of-way
for any purpose whatsoever.
[Ord. No. 3149, 11-15-2022]
A. After any temporary traffic control, excavation or work, the ROW-user
shall, at its expense, restore all portions of the right-of-way to
the same condition or better condition than it was prior to the temporary
traffic control, excavation or work.
B. If excavation or work cannot be back-filled immediately and is left
unattended, the ROW-user shall securely and adequately cover and mark
the unfilled excavation or work. The ROW-user has sole responsibility
for maintaining proper temporary traffic control, barriers, safety
fencing, signage, and/or lights as required, from the time of the
opening of the excavation or work until the excavation or work is
surfaced and opened for travel.
C. In addition to repairing its own street cuts, the ROW-user must restore
any area within five (5) feet of the new street cut that has previously
been excavated, including the paving and its aggregate foundations,
and shall comply with any additional requirements in the Design and
Construction Manual and the Design Standards.
D. All earth, materials, sidewalks, paving, crossing, utilities, public
improvement or improvements of any kind damaged or removed by the
ROW-user shall be fully repaired or replaced promptly by the ROW-user
at its sole expense and to the reasonable satisfaction of the City
Engineer. However, an ROW-user shall not make or attempt to make repairs,
relocation or replacement of damaged or disturbed facilities without
the approval of the owner of the facilities.
1.
The City Engineer has the authority to inspect the repair or
replacement of the damage, and if necessary, to require the ROW-user
to do additional and necessary excavation or work. Notice of the unsatisfactory
restoration and the deficiencies found will be provided to the ROW-user
and a reasonable time not to exceed fifteen (15) days will be provided
to allow for the deficiencies to be corrected.
2.
Any deficiencies not corrected shall be considered a "failure
to restore" and the City shall proceed according to this Chapter.
Upon determination by the City Engineer that the failure to repair
or replace creates a threat to public safety, all such repair or replacement
shall be corrected within twenty-four (24) hours of notice from the
City, or the City Engineer may direct the City to make such repair
or replacement at the ROW-user's expense.
E. All construction and excavations shall also be subject to the following:
1.
All sidewalks, curbs, ADA ramps that are removed during construction
must be replaced to City and Federal ADA standards, whichever is the
more restrictive, and shall be completed within ten (10) days unless
approved in writing by the City Engineer;
2.
Open excavation within the City ROW shall be backfilled, covered,
or fenced daily;
3.
Open excavations shall be permanently backfilled to City standards
within ten (10) calendar days of excavation unless otherwise approved
in writing by the City Engineer;
4.
Restoration/stabilization efforts to all areas disturbed by
construction shall be completed within ten (10) calendar days of the
completion of work that has been permitted unless an extension of
time is specifically granted in writing by the City Engineer;
5.
Erosion control mats and other erosion control devices as approved
by the City shall be used when weather is not conducive to growing
grass such as in the winter or excessively dry conditions as approved
by the City Engineer;
6.
Restoration of vegetated areas within the City ROW and other
easements shall be performed with common readily available grasses
for this region such as fescue, blue grass and similar varieties and
grasses used for restoration should, to the extent feasible, closely
match surrounding grasses;
7.
Exotic grasses, native plantings, flowerbeds, and other decorative
landscaping placed in the ROW by abutting property owners and others
are not required to be replaced or restored, are deemed at the risk
of the abutting property owners and others, and may be replaced with
City-approved grass varieties;
8.
Types O and A soil as indicated in the USGS Soil Horizon Chart
shall be placed in the top six (6) inches of all excavations outside
of paved areas, including areas that will receive sod. Types O and
A soil is dark nutrient rich topsoil, free of rocks, clods, and debris
that is capable of establishing and sustaining grass; and
9.
Failure to restore any construction area or excavation or complete
construction or installation in accordance with this Section, this
Chapter, the Design and Construction Manual, and the City's Design
Standards shall be cause to deny future permits or suspend any currently
issued permits to the entity holding the permit for the area of construction
or excavation where restoration has not complied with this Section,
Chapter, Design and Construction Manual, or City's Design Standards.
[Ord. No. 3149, 11-15-2022]
A. If the ROW-user fails to restore the right-of-way in the manner and
to the condition required by the City Engineer, or fails to satisfactorily
and timely complete all restoration, the City may, at its option,
serve written notice upon the ROW-user and its surety that, unless
within ten (10) days after serving of such notice, a satisfactory
arrangement is made for the proper restoration of the right-of-way,
the City shall immediately serve notice of failure to comply upon
the surety and the ROW-user, and the surety shall have the right to
arrange for and complete the restoration excavation or work; provided,
however, that if the surety does not commence performance thereof
within fourteen (14) days from the date of notice, the City may perform
its own restoration excavation or work and prosecute same to completion,
by contract or otherwise.
1.
Upon determination by the City Engineer that the failure to
repair, replace or restore creates a threat to public safety, all
such repair or replacement shall be corrected within twenty-four (24)
hours of notice from the City, or the City will perform its own restoration
excavation or work and prosecute same to completion, by contract or
otherwise.
2.
Upon determination by the City Engineer that the failure to
repair, replace or restore creates an immediate threat to public safety,
all such repair or replacement shall be corrected within one (1) hour
of notice from the City, or the City will perform its own restoration
excavation or work and prosecute same to completion, by contract or
otherwise.
3.
The ROW-user and its surety shall be liable to the City for
its actual costs of such restoration, including the value of any time
or overtime incurred through the labor of City employees, the value
of the use of City equipment, and the cost of City materials used
in the restoration project.
The ROW-user shall also restore any special uses of the adjoining
landowner including driveway approaches, except for landscaping as
provided in this Chapter.
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[Ord. No. 3149, 11-15-2022]
A. In restoring the right-of-way, the ROW-user shall guarantee its excavation
or work and shall maintain it for a period of forty-eight (48) months,
or for the maximum period of time allowed by law, whichever is greater,
following its completion.
1.
During said guarantee period the ROW-user shall, upon notification
from the City Engineer, correct all restoration excavation or work
to the extent necessary, using any method as required by the City
Engineer.
2.
Said excavation or work shall be completed within a reasonable
time, not to exceed thirty (30) calendar days, of the receipt of notice
from the City Engineer.
3.
In the event the ROW-user is required to perform new restoration
pursuant to the foregoing guarantee, the City Engineer shall have
the authority to extend the guarantee period for such new restoration
for up to an additional forty-eight (48) months, or other greater
period allowed by law, from the date of the new restoration, if the
City Engineer determines there was action by the ROW-user not to comply
with the conditions of the right-of-way permit and any restoration
requirements.
B. When any required corrective actions have been completed and inspected
to the City Engineer's satisfaction, the guarantee period will
begin.
C. The guarantee period shall be applicable to failure of the pavement
surface as well as failure below the pavement surface.
D. The ROW-user shall provide insurance and bonds in accordance with Article
X.
[Ord. No. 3149, 11-15-2022]
All utility boxes, vaults and other structures shall be identifiable
with the owner or user's name in a manner approved by the City
Engineer.
[Ord. No. 3149, 11-15-2022]
Upon completion of all right-of-way restoration activities,
the ROW-user shall notify the City's Public Works Department,
which shall then schedule a closeout inspection.