[Ord. No. 918 §2, 5-1-2008]
For the purpose of this Chapter, the following terms, phrases,
words and abbreviations shall have the meanings given herein, unless
otherwise expressly stated.
An office or individual having specific authority to administer
the regulations of this Article.
The specific person applying for and receiving a permit for
facilities work.
That form designed by the City of New Haven which an applicant
must use to obtain a permit to conduct facilities work within, across,
under and over the City's rights-of-way.
The Governing Body of the City of New Haven, Missouri.
The acceptance and review of one (1) application with multiple
projects to be conducted within a calendar year.
The City of New Haven, Missouri, and its agencies, departments,
agents and employees acting within their respective areas of authority.
Any pavement for streets, sidewalks, alleys, paths; any curbs,
gutters, drainage structures, storm sewers, swales, ditches, sanitary
sewers, manholes, water mains, water service lines, water meters,
valves, street lights, conduits, traffic signals, cables, conduits,
panels, irrigation systems, bridges, culverts or signs in which the
City holds a property interest.
Any person contracting with a facilities owner or permit
holder to do work within the public right-of-way.
A condition that:
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, tunneled,
uncovered, directional bored, removed or otherwise displaced by means
of any tools, equipment or explosives, except that any de minimis
displacement or movement of ground caused by pedestrian or vehicular
traffic which does not materially disturb or displace surface conditions
of the earth, asphalt, concrete, sand, gravel, rock or any other material
in or on the ground shall not be deemed excavation.
Any conduit, valves, meters, duct, line, pipe, wire, hose,
manhole, pullbox, fiber optic cable, cable, culvert, pole, receiver,
transmitter, satellite dish, micro 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.
A person who owns, leases or otherwise controls the use of
facilities.
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation, excluding exploratory excavation to physically
locate facilities, within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing location that does not involve excavation.
Individual water and sewer taps permitted as part of a building
permit and individual service connections from a supply line, wire
or cable for natural gas, electric, cable television, telecommunications
or other services to a residence or business.
8:00 A.M. to 5:00 P.M. Central Standard Time, Monday through
Friday.
A permit granted by the City to do facilities work within
the public rights-of-way.
Any person to whom a permit has been granted by the City
under this Chapter.
Any individual, firm, partnership, association, corporation,
company or organization of any kind or any lawful successor thereto
or transferee thereof.
The status of a person that has not complied with the conditions
of this Chapter.
One (1) year from the date that a person has been notified
in writing that they have been put on probation.
A written plan of work prepared and presented to the City
by an applicant that encompasses an outlined scope of work to be conducted
within the public rights-of-way. A project could be one (1) or more
separate excavations, constructions or installations within the public
right-of-way, but included as part of a single plan.
The surface, the air space above the surface and the area
below the surface of any street, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, tunnel, parkway, easement or other similar
property in which the City now or hereafter holds any property interest.
No reference herein, or in any permit, to public rights-of-way shall
be deemed to be a representation or warranty by the City that its
interest or other right to control the use of such property is sufficient
to permit its use for such purposes. Public rights-of-way do not include
the airwaves above the rights-of-way with regard to cellular or other
non-wire telecommunications or broadcast services or private easements
in platted subdivisions or tracts not dedicated to public use.
An outline prepared and presented by a facilities owner describing
all of its proposed facilities work which may affect public rights-of-way
for the following twelve (12) month period.
[Ord. No. 918 §2, 5-1-2008]
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 as set forth in "Definitions: Emergency".
A permit shall be obtained for each project.
B.
Facilities Work Done Without A Permit.
1.
Emergency situations.
a.
Each
person performing facilities work on an emergency basis shall immediately
notify the City if performed during normal business hours and the
City of New Haven Police Department if performed outside of normal
business hours of the location of the work and shall apply for the
required permit by the next business day following the commencement
of the facilities work and fulfill the rest of the requirements necessary
to bring itself into compliance with this Chapter.
b.
In
the event that the City becomes aware of an emergency requiring facilities
work, the City shall attempt to contact a representative of each facility
owner affected or potentially affected by the emergency. If no response
is received by a particular facilities owner to whom contact is attempted,
the City Engineer may take whatever action he/she deems necessary
in order to respond to the emergency, the cost of which shall be borne
by the person whose action or inaction occasioned the emergency.
2.
Except
in the case of an emergency, any person who, without first having
obtained the necessary permit, performs facilities work or excavation
in a public right-of-way, in addition to any other penalties provided
for the violation of ordinances of this City, must subsequently obtain
a permit, pay double the normal fees for said permit, deposit with
the City all monies necessary to repair any damage caused by the unauthorized
facilities work or excavation to the public right-of-way and comply
with all of the requirements of this Chapter and other City ordinances.
C.
Permit Applications.
1.
All
applications for permits shall be submitted to the City Engineer.
The City Engineer shall design and make available standard forms for
such application, requiring such information as the City Engineer
determines to be necessary, in order to be consistent with the provisions
of this Chapter and to accomplish the purposes of this Chapter.
2.
As a
minimum, the application should have the following information:
a.
The
names, addresses, telephone numbers and legal status of the applicant,
contractor and facilities owner.
b.
The
name, address and telephone number of a responsible person whom the
City may notify or contact at any time concerning the applicant's
facilities work in or on the public rights-of-way.
c.
An
engineering site plan showing the proposed location of the facilities
work including manholes or overhead poles; the length, size, type
and proposed depth of any conduit or any other enclosures; and the
relationship of the facilities to all existing streets; length of
public rights-of-way; the number of road crossings; the number of
entrance drive crossings; the locations of City-owned facilities in
the proximity, if known, and the dimensions and character of any cut
or excavation and the number of square feet to be resurfaced.
d.
Each
application should include the projected commencement and termination
dates of the facilities work or, if such dates are unknown at the
time the permit is issued, a provision requiring the permit holder
to provide the City Engineer with reasonable advance notice of such
dates once they are determined.
e.
As
applicable, information sufficient for the City to determine that
the applicant has applied for and received any permit, operation license
or other right or approvals required by the Federal Communications
Commission or the Missouri Public Service Commission; provided however,
that after the applicant has once provided the foregoing information,
such information can be incorporated by reference in future applications
that require such information rather than having to provide such information
with every subsequent application.
f.
Certificates
of insurance as required by the City.
g.
Any
additional information that the City Engineer may require which may
include 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.
3.
The
City Engineer's review and approval of the application for permit
does not relieve the applicant of responsibility for:
4.
The
making and repairing of individual service connections in the public
right-of-way shall require a separate permit if permitted as part
of a building permit issued by the City. All repairs to the public
right-of-way made as a result of individual service connections shall
be in accordance with this Chapter and the City of New Haven technical
specifications, as applicable.
5.
Upon
approval of such application and prior to commencement of facilities
work, payment of fees established shall be paid to the City.
6.
The
City Engineer shall review each application for a permit and, upon
determining that the applicant has all requisite 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 "Denial of Permits" hereof. In order
to avoid excessive processing and accounting costs to either the City
or the applicant, the City Engineer shall have the authority to establish
procedures for bulk processing of applications and periodic payment
of fees.
7.
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 City Engineer shall do the following:
a.
Evaluate
the degree of excavation necessary to perform the facilities work
in the public rights-of-way and determine whether the proposed excavation
will be more than minor in nature. The City Engineer or his/her designee
shall grant a permit within ten (10) business days for facilities
work deemed minor in nature. If the applicant can show to the City
Engineer's reasonable satisfaction that the facilities work involves
time-sensitive maintenance, then the City Engineer or his/her designee
shall grant the permit within two (2) business days. In either instance,
if the permit is not issued in ten (10) business days, the aggrieved
party may appeal to the Board of Aldermen as provided in "The Appeal
Procedure" of this Section, unless the applicant is submitting one
(1) project application for multiple excavations, construction or
installations; and
b.
For
circumstances where the City Engineer determines that there will be
significant facilities work of the public rights-of-way and no exemption
applies, the City Engineer may, consistent with the time requirements
set forth in this Section, 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.
8.
An applicant
receiving a permit shall promptly notify the City Engineer of any
changes in the information submitted in this application.
9.
Each
permit shall be valid for the number of days stipulated on the permit.
Permit holders may request an extension on the permit time restriction
in writing to the City Engineer. If the time limit on the permit expires
without approval of an extension, the permit shall be considered terminated.
10.
The
City Engineer or his/her designee maintain an index of all applicants
who have been granted permits and their contact person.
11.
An
applicant whose permit application has been withdrawn, abandoned or
denied for failure to comply with the terms and provisions of this
Chapter shall not be refunded the application fee.
D.
Denial Of Permits.
1.
Mandatory denial. Except in the case of an emergency, the
City Engineer shall deny an application for permit in the following
events:
a.
Facilities
work is sought which requires excavation of any portion of the paved
public right-of-way which was constructed or reconstructed in the
preceding five (5) years or as determined by the City Engineer.
b.
The
applicant, contractor or facilities owner owes undisputed past due
fees from prior permits.
c.
The
applicant, contractor or facilities owner has failed to return the
public right-of-way to its previous and acceptable condition under
previous permits.
d.
The
facilities work will cause undue disruption to existing or planned
utilities, transportation, public or City use.
e.
The
facilities work area is environmentally sensitive as defined by State
or Federal Statute.
f.
Applicant's
failure to provide required information.
g.
Applicant's
failure to provide City with required schedule, provided however,
that the failure of an applicant to include in the schedule construction
activities which were not anticipated at the time of submitting the
schedule will not constitute grounds for denial of permit.
h.
Failure
of applicant to list the project in the schedule, provided however,
that the failure of an applicant to include in the schedule construction
activities which were not anticipated at the time of submitting the
schedule will not constitute grounds for denial of permit.
i.
The
applicant is in violation of the provisions of this Chapter.
j.
Location
of proposed facilities work would impede maintenance of existing facilities.
k.
Failure
to pay for damages caused to any City facilities from prior facilities
work by the applicant or facilities owner.
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If a permit is denied under this Section, the City Engineer
will cooperate with the applicant to identify alternative routes which
most nearly match the routes requested by applicant for the placement
of facilities.
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2.
Permissive denial. The City Engineer may deny a permit in
order to protect the public health, safety and welfare and to prevent
interference with the convenience of ordinary travel over the public
right-of-way and to its users. The City Engineer in his/her discretion
may consider one (1) or more of the following factors:
a.
The
extent to which public right-of-way where the permit is sought is
available;
b.
The
competing demands for the particular location in the right-of-way;
c.
The
availability of other locations in the right-of-way or in other rights-of-way
for the facilities of the applicant;
d.
The
degree of current compliance of the applicant with the terms and conditions
of its franchise and other applicable ordinances and regulations;
e.
The
condition and age of the public right-of-way and whether and when
it is scheduled for total or partial reconstruction;
f.
The
balancing of the costs of disruption to the traveling public and damage
to the public right-of-way against the benefits to that part of the
public served by the expansion into additional parts of the public
right-of-way;
g.
Destruction
of public or private plant material.
E.
Appeal Procedure. Applicant may appeal any final decision
of the City Engineer to the Board of Aldermen who shall consider the
appeal within thirty (30) days or at the next regular scheduled Board
of Aldermen meeting.
F.
Applicable Fees.
1.
Any
fees collected pursuant to this Section will be used only to reimburse
the City for its actual costs incurred in managing the public rights-of-way
and will not be used to generate revenue to the City above such costs,
excluding legal fees relating to the interpretation or enforcement
of this Chapter, including all appeals.
2.
Permit
fee shall be the same as the excavation permit fees currently in effect.
3.
Fees
for private connections for water and sewer service shall be in conformance
with the City's water and sewer ordinances.
4.
All
permit fees shall be doubled during a probationary period.
5.
Permit
fees that were paid for a permit that the City Engineer has revoked
for a breach are not refundable.
G.
Revocation Of Permits.
1.
Permits
issued pursuant to this Chapter are a privilege and not a right. The
City reserves its right, as provided herein, to revoke any permit,
without fee refund, in the event of a violation of the terms and provisions
of any applicable Statute, ordinance, rule or regulation or any condition
of the permit. A violation of a permit holder 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;
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.
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If the City Engineer determines that the permit holder has committed
a violation of any term or condition of any Statute, ordinance, rule,
regulation or any condition of the permit, the City Engineer shall
make a written demand upon the permit holder 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
for by law. Further, a violation shall allow the City Engineer, 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 permit holder shall contact in writing the City Engineer with
a plan, acceptable to the City Engineer, for its correction. Permit
holder's failure to so contact the City Engineer or the permit holder's
failure to submit an acceptable plan or permit holder's failure to
reasonably implement the approved plan shall be cause for immediate
revocation of the permit. In addition to all other penalties provided
for herein, permit holder's failure to so contact the City Engineer
or the permit holder's failure to submit an acceptable plan or permit
holder's failure to reasonably implement the approved plan shall automatically
place the permit holder on probation for one (1) full year.
3.
If permit
holder, while on probation, commits a violation as outlined above,
permit holder's permit will automatically be revoked and permit holder
will not be allowed further permits for one (1) full year thereafter,
except for emergency repairs. Applicant may repeal any such revocation
to the Board of Aldermen. The Board of Aldermen may rescind revocation
of a permit upon payment of a fee of one thousand dollars ($1,000.00).
4.
If the
permit is revoked, the permit holder shall also reimburse the City
for the City's reasonable costs, including restoration costs and costs
of collection incurred in connection with such revocation.
H.
Coordination Of Construction Activities. All permit holders
are required to operate with the City and with each other as follows:
1.
By January
fifteenth (15th) of each year, each permit holder shall provide the
City Engineer with a schedule of its proposed construction activities
which may affect the public rights-of-way for the ensuing twelve (12)
months. Failure to provide a schedule on a timely basis may be considered
in denial of a permit for the ensuing twelve (12) months.
2.
Each
permit holder shall meet with the City Engineer and other permit holders,
either quarterly or as determined by the City Engineer, to schedule
and coordinate facilities work.
[Ord. No. 918 §2, 5-1-2008]
A.
Oversight Of Facilities Work.
1.
Permit
holders shall comply with all City codes and ordinances.
2.
The
permit holder shall at all times conduct operations and perform the
facilities work in a manner that will ensure the least possible obstruction
to traffic as outlined in and in accordance with the Manual of Uniform
Traffic Control Devices. The permit holder shall provide temporary
facilities where and when necessary to conveniently serve pedestrian
travel over or through obstructions at public walkways and at locations
designated in their application.
3.
The
permit holder shall give all emergency service providers as well as
the City of New Haven three (3) working days' notice to arrange for
routing of emergency vehicles before streets are closed to traffic.
Access to fire hydrants shall not be obstructed without approval of
the City Engineer and local Fire Chief.
4.
Unless
for an emergency, no person shall make paving cuts or curb cuts except
after receiving approval of a permit therefore.
5.
Facilities
work shall be subject to periodic inspection by the City. All excavation,
alignment, depth, compaction and backfill materials shall be subject
to inspection by the City. Such inspection, however, shall not relieve
the permit holder from any obligation to perform all of the facilities
work strictly in accordance with requirements of the plans and technical
specifications submitted with the application.
B.
Inspections And Final Acceptance.
1.
Approval
of the facilities work, as provided for herein, shall not relieve
the permit holder of any financial liabilities imposed on the permit
holder, nor shall it constitute final acceptance for maintenance by
the City of the facilities work. Final acceptance of the facilities
work will not be made until one (1) calendar year after completion
of the facilities work and its reinspection to confirm its continued
compliance with the plans and technical specifications submitted with
the application.
2.
Within
five (5) days following notification from the permit holder that all
facilities work has been completed, the City Engineer will make an
inspection of the entire facilities work site. If any work is found
to be unsatisfactory or incomplete, instructions for correction will
be issued and another inspection will be made after the City Engineer
receives notice that the corrections have been carried out. Before
final acceptance of the completed facilities work, the permit holder
shall remove all surplus and discarded materials, equipment, rubbish
and temporary structures.
C.
Unacceptable And Unauthorized Work.
1.
The
City Engineer 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 not longer than thirty
(30) days to cure the problem unless a time extension is approved
by the City Engineer, which cure period may be shortened 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 the permit or to the person in charge of the facilities
work site at the time of delivery. Such orders may be enforced by
equitable action in the Circuit Court of Franklin County, Missouri,
and if the City prevails in such case, the person involved in the
facilities work, by acceptance of the permit, agrees to be liable
for all costs and expenses incurred by the City, including reasonable
attorney's fees, in enforcing such order, in addition to any and all
penalties established in this Chapter.
2.
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 penalties provided in this Chapter. 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 ceased and do any of the following:
a.
Require
such person to apply for a permit within thirty (30) days of receipt
of a written notice from the City that a permit is required;
b.
Require
such person to remove its property and restore the affected public
right-of-way to a condition satisfactory to the City; or
c.
Take
any other action it is entitled to take under applicable law including,
but not limited to, filing for and seeking damages for trespass.
3.
Records. Facility owners that maintain more than one thousand
(1,000) lineal feet of facilities within the public right-of-way shall
keep complete and accurate maps and records of the location of their
facilities and shall, within twelve (12) months of the passage of
this Chapter, file with the City Engineer a current base map of those
portions of their systems which lie within, run through or over public
rights-of-way. Base maps furnished to the City Engineer shall show
the location of facilities and their relationship to existing streets
or public rights-of-way. Base map updates shall be provided to the
City Engineer annually by January fifteenth (15th). Applicants shall
submit updated plans to the City Engineer for approval whenever a
project involves new construction or the excavation of public rights-of-way.
Such maps are intended to be proprietary to the owners of the facilities
and not owned by the City, but are provided for the internal use by
the City. The City, to the extent permitted by law, will not provide
such maps to third (3rd) parties.
4.
Assignment of permit. The rights granted by a permit inure
to the benefit of applicant. The rights shall not be assigned, transferred,
sold or disposed of, in whole or in part, by voluntary sale, merger,
consolidation or otherwise by force or involuntary sale without the
prior, express written consent of the City. Any such consent shall
not be withheld unreasonably and shall not be required for assignment
to entities that control, are controlled by or are under common control
with applicant.
5.
Termination of permit and removal of installations. Upon
termination of a permit, the City may order the removal of any of
the applicant's facilities work performed under the permit and if
applicant should refuse, the City may remove such work at applicant's
expense.
D.
Construction Standards.
1.
The
construction, operation, maintenance and repair of facilities shall
be in accordance with all applicable ordinances.
2.
All
facilities shall be installed and located with due regard for minimizing
interference with the rights of the public, including the City and
other users of the public rights-of-way.
3.
All
new facilities shall be constructed underground except for facilities
that are required to be located above ground and except in areas that
have been designated as overhead corridors by the City Engineer. In
cases where facilities will be placed underground, the permit holder
shall give to all facility owners registered hereunder reasonable
written advance notice of the particular date on which open trenching
will be available for installation of facilities.
4.
Existing
underground conduits or overhead facilities shall be used whenever
feasible and permitted by the owner thereof. No person may erect new
poles or similar structures within the public right-of-way without
the prior, express written consent of the City Engineer.
5.
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 or their use of any public rights-of-way.
6.
The
permit holder shall be responsible to inform the City Engineer of
any damage to City property. The permit holder shall be responsible
to inform any other facilities owners of possible damage to their
facilities. The permit holder is fully responsible for reimbursing
the facilities owners for damages caused by the permit holder's work
to facilities whose existence and approximate locations were known
or should have been known before the damage was done. Nothing in this
Chapter shall make the permit holder liable for damage to facilities
located below the ground surface, in the absence of negligence, if
the facility owner, after reasonable notice from the permit holder,
fails to advise the permit holder of its location and approximate
depth below the ground surface.
7.
In the
discretion of the City Engineer, prior to directional boring critical,
existing City facilities shall be located by digging a hole large
enough to visually inspect the facilities at proposed crossing locations.
To prevent damage to existing facilities, the boring operation shall
be visually monitored during the placement of new facilities.
8.
Any
and all public rights-of-way or facilities disturbed or damaged during
the facilities work shall be promptly repaired or replaced or caused
to be promptly repaired or replaced to its previous condition by the
permit holder or, at the City Engineer's discretion, by the City at
the permit holder's expense.
9.
Any
contractor or subcontractor used for facilities work must be properly
licensed under laws of the State of Missouri and all applicable local
ordinances and each contractor or subcontractor shall have the same
obligations with respect to its work as a permit holder would have
hereunder and 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 promptly correcting acts or omissions
by any contractor or subcontractor.
[Ord. No. 918 §2, 5-1-2008]
A.
Performance Bond.
1.
Prior
to any facilities work in the public rights-of-way, a permit holder
shall establish in the City's favor a performance bond or letter of
credit in an amount determined by the City Engineer as necessary to
ensure the permit holder'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, permit holder may provide an acceptable letter of credit with
the approval of the City Engineer.
a.
Five
hundred dollars ($500.00) cash shall be deposited with the City for
each permitted instance of facilities work occurring behind the curb.
b.
One
thousand five hundred dollars ($1,500.00) cash deposit or performance
bond shall be established for each permitted instance of facilities
work occurring in or under street pavement.
c.
All facilities owners with permitted facilities work occurring in the City of New Haven public right-of-way, except those owners meeting the requirements of Section 67.1830(6)(a), RSMo., shall establish a fifty thousand dollar ($50,000.00) "blanket" performance bond, renewable annually, in lieu of the requirement of Subsections (A)(1)(a) and (A)(1)(b) of this Section.
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 damage or
loss suffered by the City as a result, plus a reasonable allowance
for attorney's fees, up to the full amount of the bond or letter of
credit.
3.
Upon
completion of the facilities work to the satisfaction of the City
Engineer, the City Engineer shall eliminate the bond or reduce its
amount after a time appropriate to determine whether the work performance
was satisfactory, which time shall be established by the City Engineer
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:
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"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."
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5.
In the
event that an excavation is not refilled within a reasonable time
after it is ready for refilling, the City Engineer shall notify the
permit holder making the excavation that if such excavation is not
filled within four (4) days, it shall be filled by the City. The charge
for the cost of such work shall be paid by the permit holder within
ten (10) days after completed and no additional permit shall be issued
to that person after that time, unless such charge has been paid.
6.
In the
event that the applicant fails to backfill, repair or repave any excavations
made within the public rights-of-way, the City Engineer, at his/her
discretion, shall repair said cut with City employees or contract
the repair to be made and charge the applicant for the full contract
cost of repair. If the City makes the repair with City employees,
the charges shall be based on the unit price paid on the most recent
street improvement or pavement repair contract entered into by the
City.
B.
Cost Recovery. In the event the City incurs additional costs
as a direct result of an unauthorized action or an inaction by any
person and/or facilities owner, the City shall have the right to recover
from that owner or person any and all documentable costs incurred
including, but not limited to, the identification of undocumented
facilities, completion of improper facilities work, long-term structural
damage, construction delay fees and penalties, fees paid to other
agencies and any other documentable costs incurred by the City within
the public rights-of-way.
C.
Penalties. For each violation of provisions of this Chapter
or a permit granted pursuant to this Chapter as to which the City
has given notice to applicant as provided in this Chapter, penalties
may be chargeable to the applicant at a rate not exceeding five hundred
dollars ($500.00) per day for so long as the violation continues.
[Ord. No. 918 §2, 5-1-2008]
Whenever, by reason of present or future City use of public
right-of-way, a public improvement is undertaken by the City or 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 is made and it is deemed necessary
by the City to move, alter, change, adapt or conform the underground
or above ground facilities of a facilities owner, the facilities owner
shall make the alterations or changes on alternative rights-of-way
provided by the City, if available, as soon as practicable after being
so ordered in writing by the City at the facility owner's expense
without claim for reimbursement or damages against the City. Failure
to promptly comply with such written order shall be deemed unlawful.
The City will endeavor to minimize the interference with previously
installed facilities when conducting its own facilities work.
[Ord. No. 918 §2, 5-1-2008]
A.
A facilities
owner who has determined to discontinue its use of certain facilities
in the City must either:
1.
Provide
information satisfactory to the City Engineer that the facilities
owner's obligations for its facilities in the rights-of-way under
this Chapter have been lawfully assumed by another facilities owner;
or
2.
Submit
to the City Engineer a proposal and instruments for transferring ownership
of its facilities to the City Engineer. If a facilities owner proceeds
under this clause, the City may, at its option:
B.
Facilities
of a facilities owner who fails to comply with this Section and which
for two (2) years remains unused shall be deemed to be abandoned.
Abandoned facilities are deemed to be a nuisance. The City may exercise
any remedies or rights it has at law and in equity including, but
to limited to:
C.
Any facilities
owner who has unused facilities in any rights-of-way shall remove
the facilities from that right-of-way during the next scheduled excavation,
unless this requirement is waived by the City Engineer.
[Ord. No. 918 §2, 5-1-2008]
A.
Indemnification And Minimum Limits Of Insurance. Permit
holder and its contractor shall maintain limits no less than those
outlined in the City of New Haven technical specifications as applicable.
B.
Compliance With Laws. Each applicant shall comply with all
applicable Federal and State laws as well as City ordinances, resolutions,
rules and regulations heretofore and hereafter adopted or established.
C.
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, supervision of the restoration of the right-of-way 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 Chapter.
3.
Except
where rights are expressly granted or waived by a permit, they are
reserved, whether or not expressly enumerated. This Chapter may be
amended from time to time and in no event shall this Chapter be considered
a contract between the City and an applicant such that the City would
be prohibited from amending any provision hereof.
D.
Future Uses. In placing any facility or allowing it to be
placed in the public right-of-way, the City is not liable for any
damages caused thereby to a facility which is already in place.
E.
Franchise Not Superseded. Nothing herein shall be deemed
to relieve an applicant or the City of the provisions of an existing
franchise, license or other agreement or permit.
F.
Rights And Remedies.
1.
The
exercise of one (1) remedy under this Chapter shall not foreclose
use of another, nor shall the exercise of a remedy or the payment
of damages or penalties relieve an applicant of its obligations to
comply with its permits. Remedies may be used alone or in combination;
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 Chapter.
3.
No applicant
shall be relieved of its obligation to comply with any of the provisions
of this Chapter by reason of any failure of the City to enforce prompt
compliance.
G.
Incorporation By Reference. Any permit granted pursuant
to this Chapter shall by implication include a provision that shall
incorporate by reference this Chapter into such permit as fully as
if copied therein verbatim.
H.
Force Majeure. An applicant shall not be deemed in violation
of provisions of this Chapter where performance was rendered impossible
by acts of God or the public enemy, epidemics, war or riots, civil
disturbances, quarantine restrictions, labor strikes, freight embargoes,
fires, floods, unusually severe weather 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 and to comply as soon as possible under the circumstances
with its permit without unduly endangering the health and safety of
the applicant's employees or property, the public, public rights-of-way,
public property or private property.
I.
Calculation Of Time. Unless otherwise indicated, when the
performance or doing of any act, duty, matter or payment is required
under this Chapter or any permit and a period of time is prescribed
and is fixed herein, the time shall be computed so as to exclude the
first (1st) and include the last day of the prescribed or fixed period
of time.
J.
Severability. If any Section, Subsection, sentence, clause,
phrase, term, condition or provision of this Chapter shall to any
extent be held to be invalid, unenforceable or unconstitutional by
any court or administrative agency of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remainder hereof
and shall be valid in all other respects and continue to be effective.
In the event of a subsequent change in applicable law so that the
provision that has been held invalid is no longer invalid, said provisions
shall thereupon return to full force and effect without further action
by the City and shall thereafter be binding on the applicant and the
City. If a permit, right or registration shall be considered a revocable
permit as provided herein, the permit holder must acknowledge the
authority of the Board of Aldermen to issue such revocable permit
and the power to revoke it.
Nothing in these ordinances precludes the City from requiring
a franchise agreement with the applicant, as allowed by law, in addition
to requirements set forth herein.
K.
Technical Specifications Applicable To City. Technical specifications
which are on file in the City offices shall be fully applicable to
work performance by the City and its departments. As a matter of public
policy, the City shall utilize the Missouri One-Call system to notify
registered facilities owners prior to the City working in the public
rights-of-way.
L.
Eminent Domain. Nothing herein shall be deemed or construed
to impair or affect, in any way or to any extent, any right the City
may have to acquire the property of the applicant through the exercise
of the power of eminent domain.
M.
Annexation. The provisions of this Chapter shall specifically
apply to any lands or property annexed as of the date of such annexation.
N.
Savings Clause. Nothing contained herein shall in any manner
be deemed or construed to alter, modify, supersede, supplement or
otherwise nullify any other ordinances of the City or requirements
thereof, whether or not relating to in any manner connected with the
subject written hereof, unless expressly provided otherwise herein
or hereafter.
