[R.O. 2011 § 505.420; R.O. 2009
§ 54.090; Ord. No. 3530, 10-25-1967; Ord. No. 02-50, 3-6-2002]
To the extent permitted by law, this
Article shall apply to all persons desiring to construct, operate
or maintain facilities in, along, across, under or over public rights-of-way
within the City.
[R.O. 2011 § 505.430; R.O. 2009
§ 54.091; Ord. No. 3530, 10-25-1967; Ord. No. 02-50, 3-6-2002]
For the purposes of this Article,
the following terms, phrases, words and abbreviations shall have the
meanings given herein, unless otherwise expressly stated. When not
inconsistent with the context, words used in the present tense include
the future tense and vice versa, words in the plural number include
the singular number and vice versa, and the masculine gender includes
the feminine gender and vice versa. The words "shall" and "will" are
mandatory and "may" is permissive. Unless otherwise expressly stated
or clearly contrary to the context, terms, phrases, words and abbreviations
not defined herein shall be given their common and ordinary meaning.
The specific person applying for and receiving a permit under
this Article.
That form designed by the Director of Engineering or the
Director of Public Works or his/her designee which an applicant must
use to obtain a permit to conduct facilities work across, over or
under the City's right-of-way.
[Ord. No.
21-129, 8-17-2021]
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed, or otherwise displaced, by means of any tools, equipment
or explosives, except that the following shall not be deemed excavation:
Any de minimis displacement or movement
of ground caused by pedestrian or vehicular traffic;
The replacement of utility poles
and related equipment at the existing general location that does not
involve either a street or sidewalk cut; or
Any other activity which does not
disturb or displace surface conditions of the earth, asphalt, concrete,
sand, gravel, rock or any other material in or on the ground.
Any conduit, duct, line, pipe, wire, hose, cable, culvert,
tube, pole, receiver, transmitter, satellite dish, micro call, Pico
cell, repeater, amplifier or other device, material, apparatus or
medium usable (whether actually used for such purpose or not) for
the transmission or distribution of any service or commodity installed
below or above ground within the public rights-of-way of the City,
whether used privately or made available to the public.
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut.
The Mayor or designee.
The Manual of Uniform Traffic Control Devices.
[Ord. No.
21-129, 8-17-2021]
A permit granted by the Director of Engineering or the Director
of Public Works or his/her designee to do facilities work within the
public rights-of-way.
[Ord. No.
21-129, 8-17-2021]
An individual, partnership, association, joint stock company,
trust, organization, limited liability company, corporation or other
entity or any lawful successor thereto or transferee thereof, but
such term does not include the City.
The area on, below or above a public roadway, highway, street
or alleyway in which the political subdivision has an ownership interest,
but not including:
The airwaves above a public right-of-way
with regard to cellular or other non-wire telecommunications or broadcast
service;
Easements obtained by utilities or
private easements in platted subdivisions or tracts;
Railroad rights-of-way and ground
utilized or acquired for railroad facilities; or
Poles, pipes, cables, conduits, wires,
optical cables, or other means of transmission, collection or exchange
of communications, information, substances, data, or electronic or
electrical current or impulses utilized by a municipally owned or
operated utility pursuant to Chapter 91, RSMo., or pursuant to a Charter
form of Government.
[R.O. 2011 § 505.440; R.O. 2009
§ 54.092; Ord. No. 3530, 10-25-1967; Ord. No. 02-50, 3-6-2002; Ord. No. 06-114, 5-4-2006; Ord.
No. 07-162, 6-11-2007; Ord. No. 14-141 § 1, 7-1-2014; Ord.
No. 21-129, 8-17-2021]
A.
Permit Requirements. Any person desiring
to conduct facilities work within public rights-of-way must first
apply for and obtain a permit, in addition to any other building permit,
license, easement, or authorization required by law, unless such facilities
work must be performed on an emergency basis; then the person conducting
the work shall as soon as practicable notify the City of the location
of the work and apply for the required permit by the third business
day following the commencement of the facilities work.
1.
All applications for permits shall
be submitted to the Director of Engineering or his/her designee.
2.
The Director of Engineering or his/her
designee shall design and make available standard forms for such applications,
requiring such information as the Director of Engineering or his/her
designee determines to be necessary, consistent with the provisions
of this Article.
3.
Payment of fees, as designated in
this Article, shall be submitted prior to issuance of the approved
permit.
4.
The Director of Engineering or his/her designee shall review each application for a permit and, upon determining that the applicant has authority to perform the desired facilities work and that the applicant has submitted all necessary information and has paid the appropriate fee, shall issue the permit, except as provided in Subsection (A)(8).
5.
It is the intention of the City that
disruption of the public rights-of-way should be minimized. Upon receipt
of an application for a permit, the Director of Engineering or his/her
designee shall do the following:
a.
Evaluate the degree of excavation
necessary to perform the facilities work in the rights-of-way and
determine whether the excavation will be more than minor in nature.
If the applicant can show to the Director of Engineering or his/her
designee's reasonable satisfaction that the facilities work involves
any of the following:
(1)
No significant disruption
or damage to the public rights-of-way, or
b.
For circumstances where the Director of Engineering or his/her designee determines that there will be significant excavation of the public rights-of-way and no exemption under any provision applies, the Director of Engineering or his/her designee may, consistent with the time requirements set forth in Subsection (A)(5)(a) and in the permit, direct permit holders performing facilities work in the same area to consult on how they may schedule and coordinate their work to accomplish the goal of this Section.
6.
Each permit shall include projected
commencement and termination dates or, if such dates are unknown at
the time the permit is issued, a provision requiring the permit holder
to provide the Director of Engineering or his/her designee with reasonable
advance notice of such dates once they are determined; length of public
rights-of-way; number of road crossings; information regarding scheduling
and coordination of facilities work if applicable; and location of
facilities.
7.
The Director of Engineering or his/her
designee may include in permits such conditions and requirements as
are reasonably necessary to protect structures and facilities in the
public rights-of-way from damage and for the proper restoration of
such public rights-of-way, structures and facilities and for the protection
of the public and the continuity of pedestrian and vehicular traffic.
Such conditions and requirements shall include, even if not specifically
set forth in the permit, the following:
a.
The applicant 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.
The Director of Engineering or his/her designee must approve any excavation
left open overnight. Unless otherwise approved by the Director of
Engineering or his/her designee, all excavation shall be filled in
or securely covered at the end of each working day. The applicant
assumes the sole responsibility for maintaining proper barricades,
plates, safety fencing and/or lights as required from the time of
opening the excavation until the excavation is surfaced and opened
for travel.
b.
All excavations and all right-of-way
work which in any way impacts vehicular or pedestrian traffic shall
be properly signed, barricaded and otherwise protected at the applicant's
expense. Such signage and safety devices shall be in conformance with
MUTCD specifications relating to traffic control devices and approved
by the City's Traffic Engineer.
c.
All utility crossings or potential
conflicts must be potholed and verified prior to horizontal boring
or mechanical excavation.
8.
The Director of Engineering or his/her
designee may deny a permit application for the following reasons if
deemed in the public's interest:
a.
Undisputed past-due fees from prior
permits;
b.
Failure to return the right-of-way
to its previous condition under previous permits;
c.
Undue disruption to existing utilities,
transportation or use;
d.
Area is environmentally sensitive
as defined by State or Federal Statute;
e.
Failure to provide required information;
or
f.
The applicant is in violation of
the provisions of this Article.
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Notwithstanding the provisions of Subsections (A)(8)(c) and (A)(8)(d) above, the Director of Engineering or his/her designee will cooperate with the applicant to identify alternative routes which most nearly match the routes requested by applicant for the placement of facilities as long as use of the alternative routes does not result in additional installation expense exceeding ten percent (10%) to the applicant or a declination of service quality.
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9.
Applicant may appeal any final decision
of the Director of Engineering or his/her designee to:
10.
Except as set forth in Subsection ( A)(11) of this Section, an applicant shall pay fees in the amounts stated in Section 150.030, except where otherwise noted, for each of the following:
[Ord. No. 22-167, 12-20-2022]
a.
For a non-refundable permit application
fee;
b.
For each cubic yard of flowable fill
backfill;
c.
For each square yard of asphalt surface
replaced;
d.
For each square yard of concrete
surface replaced;
e.
For each square foot of sidewalk
replaced; and
f.
For each one hundred (100) linear
feet of linear boring or trenching work.
g.
There shall be no charge for replacing
the surface where no permanent surface is in place.
B.
Escrows collected pursuant to this Section
will be used only to reimburse the City for its actual incurred cost
of managing the rights-of-way and will not be used to generate revenue
to the City above such costs. Contractors having a restoration of
public improvement permit bond with a minimum amount of ten thousand
dollars ($10,000.00) are exempt from such escrow requirement. When
a permit is requested for purposes of installing additional facilities
and the bond for additional facilities is reasonably determined to
be insufficient, the posting of an additional or larger bond for the
additional facilities may be required at the sole discretion of the
Director of Engineering, except as otherwise provided herein. Escrows
shall be based on the following:
1.
For each cubic yard of flowable fill
backfill, the escrow shall be thirty-five dollars ($35.00).
2.
For each square yard of asphalt surface
replaced, the escrow shall be twenty dollars ($20.00).
3.
For each square yard of concrete
surface replaced, the escrow shall be twenty-five dollars ($25.00).
4.
For each square foot of sidewalk
replaced, the escrow shall be three dollars ($3.00).
5.
For linear boring or trenching work,
the escrow shall be one hundred fifty dollars ($150.00) up to three
hundred (300) linear feet and fifty cents ($0.50) per linear foot
thereafter.
6.
For replacing the surface where no
permanent surface is in place: no escrow.
C.
Prior to the commencement of any work,
the applicant and/or its contractor(s) shall have on file with the
City a Certificate of Insurance evidencing the maintenance of a commercial
general liability insurance policy written on ISO occurrence form
CG 00 01 07 98 or later edition (or a substitute form providing equivalent
coverage) and shall cover all operations by or on behalf of the applicant
and/or its contractor(s), providing insurance for bodily injury liability
and property damage liability with the policy limits as follows, and
no less:
1.
Three million dollars ($3,000,000.00)
each occurrence (combined single limit for bodily injury and property
damage).
2.
Three million dollars ($3,000,000.00)
aggregate of products/completed operations.
3.
Three million dollars ($3,000,000.00)
personal injury/advertising injury.
4.
Three million dollars ($3,000,000.00)
general aggregate (provide endorsement ISO CG 25 03 or equivalent
to apply the general aggregate limit per project).
D.
Fees/escrows are charged to recover the
City's actual costs for an applicant's facilities work in the rights-of-way
including the costs of processing permits, inspections and administration
of this Article, excluding legal fees relating to the interpretation
or enforcement of this Article including all appeals.
E.
Applicant Subject To Other Laws, Police
Power.
1.
An applicant shall at all times be
subject to all lawful exercise of the police powers of the City, including,
but not limited to, all powers regarding zoning, platting, building
codes, supervision of construction and control of public rights-of-way.
2.
No action or omission of the City
shall operate as a future waiver of any rights of the City under this
Article.
3.
The City shall have the maximum plenary
authority to regulate applicants, permits and facilities work as may
now or hereafter be lawfully permissible. Except where rights are
expressly granted or waived by a permit, they are reserved, whether
or not expressly enumerated. This Article may be amended from time
to time and in no event shall this Article be considered a contract
between the City and an applicant such that the City would be prohibited
from amending any provision hereof.
F.
Revocation Of Permits.
1.
Permits issued pursuant to this Article
are a privilege and not a right. The City reserves its right, as provided
herein, to revoke any permit, without a fee refund, in the event of
a violation of the terms and provisions of any applicable State or
Federal Statute, ordinance, rule or regulation, or any condition of
the permit. A violation by an applicant, shall include, but shall
not be limited to, the following:
a.
The violation of any material provision
of the permit;
b.
An evasion or attempt to evade any
material provision of the permit, or the perpetration or attempt to
perpetrate any fraud or deceit upon the City with respect to the permit;
c.
Any material misrepresentation of
fact in the application for a permit;
d.
The failure to maintain the required
bonds and/or insurance coverage;
e.
The failure to complete the facilities
work in a timely manner; or
f.
The failure to correct or comply with a condition indicated on an order issued pursuant to Section 505.450(A)(4) hereof.
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If the Director of Engineering or
his/her designee determines that the applicant has committed a violation
of any term or condition of any State or Federal Statute, ordinance,
rule, regulation or any condition of the permit, the Director of Engineering
or the designee shall make a written demand upon the applicant to
remedy such violation. The demand shall state that continued violation
may be cause for revocation of the permit and for the imposition of
other penalties as provided by law. Further, a violation shall allow
the Director of Engineering or the designee, at his/her discretion,
to place additional or revised conditions in the permit.
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2.
Within three (3) business days of
receiving notification of a violation, the applicant shall contact,
in writing, the Director of Engineering or his/her designee with a
corrective plan which must be acceptable to the Director of Engineering
or the designee. The applicant's failure to so contact the Director
of Engineering or the designee, or to submit an acceptable plan, or
to reasonably implement an approved plan shall be cause for immediate
revocation of the permit and result in the applicant being placed
on probation for one (1) year from the date the City first became
aware of the violation.
3.
If the applicant, while on probation,
commits a violation as outlined above, the applicant's permit will
automatically be revoked and the applicant will not be allowed further
permits for one (1) year after the revocation date, except for emergency
repairs. Applicant may appeal any such revocation to the Director
of Administration who may rescind the said revocation.
4.
If the permit is revoked, the applicant
shall reimburse the City for the City's reasonable costs incurred
in connection with such revocation, including restoration costs and
costs of collection of any related amounts.
[R.O. 2011 § 505.450; R.O. 2009
§ 54.093; Ord. No. 3530, 10-25-1967; Ord. No. 02-50, 3-6-2002]
A.
Oversight Of Facilities Work.
1.
An applicant shall construct, operate
and maintain facilities subject to the supervision of the City and
in strict compliance with this Article, all applicable zoning and
construction permitting ordinances, departmental rules and regulations.
2.
Facilities work shall be subject
to periodic inspection by the City.
3.
The Director of Engineering or his/her
designee shall have full access to all portions of facilities work
and may issue stop work orders and corrective orders to prevent unauthorized
work. Such corrective or stop work orders shall state that work not
authorized by the permit is being carried out, summarize the unauthorized
work and provide a period of time to cure the problem, which cure
period may be immediate if certain activities must be ceased to protect
the public safety, and may be delivered personally or by certified
mail to the address listed on the application for permit or to the
person in charge of the construction site at the time of delivery.
[Ord. No. 23-129, 10-17-2023]
4.
Any person who engages in facilities
work in the public rights-of-way and who has not received a valid
permit from the City shall be subject to all requirements of this
Article. Except in those instances where facilities work must be performed
on an emergency basis, the City may, in its discretion, at any time
until a permit is secured, order the facilities work stopped and do
any of the following: require such person to apply for a permit within
ten (10) days of receipt of a written notice from the City that a
permit is required; require such person to remove its property and
restore the affected area to a condition satisfactory to the City;
or take any other action it is entitled to take under applicable law
including, but not limited to, filing for and seeking damages.
B.
Construction Standards.
1.
The construction, operation, maintenance
and repair of facilities shall be in accordance with all applicable
health, safety and building codes.
2.
All facilities shall be installed
and located with due regard for minimizing interference with the public
and with other utility users of the rights-of-way, including the City.
3.
An applicant shall not place facilities
where they will damage or interfere with the use or operation of previously
installed facilities or obstruct or hinder the various utilities serving
the residents and businesses in the City of their use of any public
rights-of-way.
4.
Any and all public rights-of-way
disturbed or damaged during the facilities work shall be promptly
repaired or replaced by the applicant to their previous condition.
5.
Any contractor or subcontractor used
for facilities work must be properly licensed under the laws of the
State and all applicable local ordinances and each contractor or subcontractor
shall have the same obligations with respect to its work as an applicant
would have hereunder and applicable laws if the work were performed
by the applicant. The applicant shall be responsible for ensuring
that the work of contractors and subcontractors is performed consistent
with its permits and applicable law, shall be fully responsible for
all acts or omissions of contractors or subcontractors and shall be
responsible for promptly correcting acts or omissions by any contractor
or subcontractor.
C.
Trenchless
Construction.
[Ord. No. 23-129, 10-17-2023]
1.
All contractors or subcontractors shall follow the permitting/planning/scheduling
process, held on file in the City offices, as may be amended from
time to time by the Director of Engineering.
a.
All trenchless construction within the right-of-way shall require
a permit.
b.
Contractors may have up to fifteen thousand (15,000) feet of open
permits at one (1) time.
c.
The permitting/planning/scheduling process shall specify site restoration
requirements, final inspection requirements, and emergency contact
information.
2.
All contractors or subcontractors shall follow the damage prevention
plan process, held on file in the City offices, as may be amended
from time to time by the Director of Engineering.
3.
All contractors or subcontractors shall follow the contractor installation
process, held on file in the City offices, as may be amended from
time to time by the Director of Engineering.
[R.O. 2011 § 505.460; R.O. 2009
§ 54.094; Ord. No. 3530, 10-25-1967; Ord. No. 97-268, 8-25-1997; Ord. No. 02-50, 3-6-2002]
A.
Performance Bond.
1.
Prior to any facilities work in the
public rights-of-way, an applicant shall establish in the City's favor
a performance bond in any amount determined by non-discriminatory
regulations promulgated by the Director of Public Works or his/her
designee as necessary to ensure the applicant's faithful performance
of the facilities work. Differences in bond requirements, including
provisions for self-insurance or provisions for a single continuing
bond where facilities work is conducted by the same applicant under
numerous permits, may be established by regulation based on the extent
or nature of the facilities work and the past performance of the applicant.
In lieu of a performance bond, an applicant may provide an acceptable
substitute with the approval of the Director of Public Works or his/her
designee. However, an applicant which has twenty-five million dollars
($25,000,000.00) in net assets and does not have a history of non-compliance
with permits shall not be required to provide the performance bond.
2.
In the event an applicant fails to
complete the facilities work in a safe, timely and competent manner,
there shall be recoverable, jointly and severally from the principal
and surety of the bond, any damages or loss suffered by the City as
a result up to the full amount of the bond.
3.
Upon completion of the facilities
work to the satisfaction of the Director of Public Works or his/her
designee, the Director of Public Works or his/her designee shall eliminate
the bond or reduce its amount after a time appropriate to determine
whether the work performed was satisfactory, which time shall be established
by the Director of Public Works or his/her designee considering the
nature of the work performed.
4.
A performance bond shall be issued
by a surety acceptable to the City and shall contain the following
endorsement:
"This bond may not be canceled or
allowed to lapse until sixty (60) days after receipt by the City,
by certified mail, return receipt requested, of a written notice from
the issuer of the bond of intent to cancel or not to renew."
5.
Applicant shall, at its sole cost
and expense, indemnify, hold harmless and defend the City, its officials,
boards, board members, commissions, commissioners, agents and employees
against any and all claims, suits, causes of action or proceedings
and judgments for damages or equitable relief which are caused by
the acts, errors or omissions of applicant arising out of the construction
and maintenance of its facilities.
6.
Recovery by the City of any amounts
under the performance bond or otherwise does not limit an applicant's
duty to indemnify the City in any way, nor shall such recovery relieve
an applicant of its obligations under a permit or reduce the amounts
owed to the City other than by the amounts recovered by the City under
the performance bond or in any respect prevent the City from exercising
any other right or remedy it may have.
B.
Penalties. For each violation of the provisions
of this Article or a permit granted pursuant to this Article as to
which the City has given notice to applicant as provided in this Article,
penalties may be chargeable to the applicant at a rate not exceeding
one hundred dollars ($100.00) per day for so long as the violation
continues.
[R.O. 2011 § 505.470; R.O. 2009
§ 54.095; Ord. No. 3530, 10-25-1967; Ord. No. 02-50, 3-6-2002]
A.
Compliance With Laws. Each applicant shall
comply with all applicable City ordinances, resolutions, rules and
regulations heretofore and hereafter adopted or established.
B.
Franchises Not Superseded. Nothing herein
relieves the applicant or the City from any obligations under an existing
franchise. Nothing herein shall be deemed to relieve an applicant
of the provisions of an existing franchise, license or other agreement
or permit.
C.
Rights And Remedies.
1.
The exercise of one (1) remedy under
this Article shall not foreclose use of another, nor shall the exercise
of a remedy of the payment of damages or penalties relieve an applicant
of its obligations to comply with its permits. Remedies may be used
alone or in combinations. In addition, the City may exercise any rights
it has at law or equity.
2.
The City hereby reserves to itself
the right to intervene in any suit, action or proceeding involving
any provisions of this Article.
3.
No applicant shall be relieved of
the obligation to comply with any of the provisions of this Article
by reason of any failure of the City to enforce prompt compliance.
D.
Incorporation By Reference. Any permit
granted pursuant to this Article shall by implication incorporate
this Article into such permit as fully as if set forth therein.
E.
Force Majeure. An applicant shall not be
deemed in violation of provisions of this Article where performance
was rendered impossible by war or riots, civil disturbances, floods
or other natural catastrophes beyond the applicant's control and a
permit shall not be revoked or an applicant penalized for such non-compliance,
provided that the applicant takes immediate and diligent steps to
bring itself back into compliance as soon as possible under the circumstances
with its permit without unduly endangering the health, safety and
integrity of the applicant's employees or property, the public, public
rights-of-way, public property or private property.
[R.O. 2011 § 505.480; R.O. 2009
§ 54.096; Ord. No. 3530, 10-25-1967; Ord. No. 02-50, 3-6-2002]
Whenever, by reason of changes in
the grade or widening of a street or in the location or manner of
constructing a water pipe, drainage channel, sewer or other City-owned
underground or above ground structure, it is deemed necessary by the
City to move, alter change, adapt, or conform the underground or above
ground facilities of a utility, the utility shall make the alterations
or changes on alternative right-of-way provided by the City, if available,
as soon as practicable after being so ordered in writing by the City
without claim for reimbursement or damages against the City.
[R.O. 2011 § 505.490; R.O. 2009
§ 54.097; Ord. No. 3530, 10-25-1967; Ord. No. 95-119, 5-2-1995; Ord. No. 02-50, 3-6-2002]
Any standards in this Article relating
to facilities work shall be fully applicable to work performed by
the City and its departments.
