[R.O. 2011 §250.780; Ord. No. 2000-92 §2(9.1), 12-5-2000]
All work done pursuant to a construction permit shall comply
with the provisions of this Article, the Code, and all applicable
Federal, State and local codes, rules and regulations.
[R.O. 2011 §250.790; Ord. No. 2000-92 §2(9.2), 12-5-2000]
All facilities shall be constructed, installed, operated and
maintained in accordance with all applicable Federal, State and local
Codes, rules and regulations.
[R.O. 2011 §250.800; Ord. No. 2000-92 §2(9.3), 12-5-2000]
Construction permittee shall submit a written schedule to the
Public Ways Inspector ten (10) working days before commencing any
work within the public ways. Construction permittee shall further
notify the Public Ways Inspector not less than two (2) working days
in advance of any work within the public ways.
[R.O. 2011 §250.810; Ord. No. 2000-92 §2(9.4), 12-5-2000]
All practices and activities shall be in accordance with the
permit and approved final plans and specifications for the facilities.
The Public Ways Inspector and his or her representatives shall be
provided access to the work and such further information as he or
she may require to ensure compliance with such requirements.
[R.O. 2011 §250.820; Ord. No. 2000-92 §2(9.5), 12-5-2000]
Construction permittee shall maintain a copy of the permit and
approved plans at the work site, which shall be displayed and made
available for inspection by the Public Ways Inspector or his or her
representatives at all times.
[R.O. 2011 §250.830; Ord. No. 2000-92 §2(9.6), 12-5-2000]
If the permit specifies the location of facilities by depth,
line, grade, proximity to other facilities or other standards, construction
permittee shall cause the location of such facilities to be verified
by a registered Missouri land surveyor. Construction permittee shall
relocate any facilities which are not located in compliance with permit
requirements.
[R.O. 2011 §250.840; Ord. No. 2000-92 §2(9.7), 12-5-2000]
Upon order of the Public Ways Inspector, all work which does
not comply with the permit, the approved plans and specifications
for the work, and the requirements of this Chapter shall be removed.
[R.O. 2011 §250.850; Ord. No. 2000-92 §2(9.8), 12-5-2000]
Construction permittee shall promptly complete all activities
so as to minimize disruption of the public ways and other public and
private property. All work authorized by a permit within public ways,
including restoration, must be completed within the time set forth
in such permit.
[R.O. 2011 §250.860; Ord. No. 2000-92 §2(9.9), 12-5-2000]
A.
Notice Of Completion. When the work under any construction
permit is completed, construction permittee shall notify the Public
Ways Inspector.
B.
Site Inspection. Construction permittee shall make the work
site available to the Public Ways Inspector and to all others as authorized
by law for inspection at all reasonable times during the execution
of and upon completion of the work.
C.
Authority Of Public Ways Inspector. At any time of inspection
the Public Ways Inspector may order the immediate cessation of any
work which poses a serious threat to the life, health, safety or well-being
of the public or which is not in conformance with a valid permit.
The Public Ways Inspector may issue an order to construction permittee
for any work which does not conform to the applicable standards, conditions
or Codes. The order shall state that failure to correct the violation
will be cause for revocation of the permit. Within three (3) business
days after such issuance, construction permittee shall contact the
Public Ways Inspector with an acceptable plan and within ten (10)
days after issuance of the order, construction permittee shall present
proof to the Public Ways Inspector that the violation has been corrected.
If such proof has not been presented within the required time, the
Administrator may revoke the permit.
D.
Inspection Fees. Inspection fees for each hour or part thereof
for an inspection performed shall be forty dollars ($40.00).
[R.O. 2011 §250.870; Ord. No. 2000-92 §2(9.10), 12-5-2000]
Within sixty (60) days after completion of construction, construction
permittee shall furnish the City with two (2) complete sets of plans
drawn to scale and certified to the City as accurately depicting the
location of all facilities constructed pursuant to the permit.
A.
Right-Of-Way Repair And Restoration.
1.
After any excavation, the permittee shall, at its expense, and
in a timely manner as set forth in the permit obtained by the permittee,
restore all portions of the rights-of-way to the same condition or
better condition than it was prior to the excavation thereof. This
shall include the sodding, or seeding, of all established lawn areas
as directed by the permit with the same species of grass as that disturbed
by the excavation.
2.
The permittee shall employ a testing laboratory, as approved
by the Administrator, which shall verify the proper backfilling on
any street cut. The permittee shall pay all costs associated with
such testing. This provision shall be waived when flowable fill is
used as backfill or with the permission of the Administrator.
3.
If an excavation cannot be backfilled immediately and must be
left unattended, the permittee shall securely and adequately cover
any street cuts, or protect any unfilled grassed area excavation.
The permittee has sole responsibility for maintaining proper barricades,
safety fencing and/or lights as required, from the time of the opening
of the excavation until the excavation is surfaced and open for travel.
4.
In addition to repairing its own street cuts, the permittee
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.
5.
All earth, materials, sidewalks, paving, crossings, utilities,
public improvement, or improvements of any kind damaged or removed
by the permittee shall be fully repaired or replaced promptly by the
permittee at its sole expense and to the reasonable satisfaction of
the City. However, a permittee shall not make or attempt to make repairs,
relocations, or replacement of damaged or disturbed facilities without
the approval of the owner of the facilities. The permittee shall notify
the Administrator upon completion of the excavation work authorized
by the permit. The Administrator has the authority to inspect the
repair or replacement of the damage, and if necessary, to require
the permittee to do the additional necessary work. Notice of the unsatisfactory
restoration and the deficiencies found will be provided to the permittee
and a reasonable time not to exceed ten (10) calendar days will be
provided to allow for the deficiencies to be corrected. Upon determination
by the Administrator that such repair or replacement is a public safety
matter, all such repair or replacement shall be corrected within twenty-four
(24) hours' notice from the City, or the Administrator may direct
the City to make such repair or replacement and bill the ROW user
for the City's costs.
B.
Failure To Restore. If the permittee fails to restore the rights-of-way
in the manner and to the condition required by the Administrator,
or fails to satisfactorily and timely complete all restoration the
City may, at its option, serve written notice upon the permittee and
its surety that, unless within five (5) days after serving of such
notice, a satisfactory arrangement can be made for the proper restoration
of the rights-of-way, the City shall immediately serve notice of failure
to comply upon the surety and the permittee, and the surety shall
have the rights to take over and complete the work; provided, however,
that if the surety does not commence performance within ten (10) days
from the date of notice, the City may take over the work and prosecute
same to completion, by contract or otherwise at the expense of the
permittee, and the permittee and its surety shall be liable to the
City for any and all excess cost assumed by the City by reason of
such prosecution and completion.
C.
Guarantee Of Restoration.
1.
In restoring the rights-of-way, the permittee guarantees its
work and shall maintain it for four (4) years following its completion.
During the four (4) years the permittee shall, upon notification from
the Administrator, correct all restoration work to the extent necessary,
using any method as required by the Administrator. Said work shall
be completed within a reasonable time, not to exceed fifteen (15)
calendar days, of the receipt of notice from the Administrator. In
the event the permittee is required to perform new restoration pursuant
to the foregoing guarantee, the Administrator shall have the authority
to extend the guarantee period for such new restoration for up to
an additional four (4) years from the date of the new restoration,
if the Administrator determines any overt action by the permittee
not to comply with the conditions of the rights-of-way permit and
any restoration requirements.
2.
When any corrective action has been completed and inspected
to the Administrator's satisfaction, the four-year maintenance period
will begin.
3.
The four-year guarantee period shall be applicable to failure
of the pavement surface as well as failure below the pavement surface.
Settlement of the excavation or cracking, breaking or rutting of the
surface shall be prima facie evidence of failure of the backfill.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “Right-of-Way Repair and Restoration”
to “Right-of-Way Repair and Restoration – Failure to Restore
– Guarantee of Restoration.”
[R.O. 2011 §250.890; Ord. No. 2000-92 §2(9.12), 12-5-2000]
A.
All
trees, landscaping and grounds removed, damaged or disturbed as a
result of the construction, installation, maintenance, excavation,
repair or replacement of facilities shall be replaced or restored
as nearly as may be practicable to the condition existing prior to
performance of such work.
B.
All
restoration work within the public ways shall be done in accordance
with landscape plans approved by the Public Ways Inspector.
[R.O. 2011 §250.900; Ord. No. 2000-92 §2(9.13), 12-5-2000]
A construction permittee shall not so obstruct a public way
that the natural free and clear passage of water through the gutters
or other waterways shall be interfered with. Construction permittee
shall not park or allow to be parked private vehicles within or next
to a permit area. The loading or unloading of trucks next to a permit
area is prohibited unless specifically authorized by the permit.
A.
Above-ground Facilities.
1.
All new facilities may be located above-ground only if approved
by the Board for good cause. Unless extraordinary circumstances exist,
good cause shall not include authorization for above-ground facilities
requiring new poles or major modification to existing above-ground
structures, above-ground pedestals, vaults, cabinets, or other facilities
may be installed only if approved by the City where alternative underground
facilities are not feasible or where underground requirements are
otherwise waived pursuant to the provisions of this Subsection, existing
conduit shall be used where feasible and available, where reasonable
and appropriate and where adequate rights-of-way exists, the ROW user
shall place above-ground facilities underground in conjunction with
City capital improvement projects and/or at specific locations requested
by the City provided that such placement is practical, efficient,
and economically feasible. This prohibition shall not include replacement
poles that are of similar dimension of the existing pole.
2.
No equipment, equipment boxes, or other facilities (including
transformer boxes, telephone risers, junction boxes, equipment boxes),
shall be placed in the rights-of-way that exceed sixty-six (66) inches
in height above ground level, or twenty (20) square feet in surface.
Such equipment and facilities are to be located only within the width
of utility easements that exist along side property lines between
adjacent properties, and subject to any sight line restrictions contained
in this Chapter or the City Code in general. The City reserves the
right to modify proposed locations of such equipment and facilities
if the location identified by the applicant is deemed to create a
safety hazard or to adversely affect the property value of the premises
where the equipment or facilities are to be located.
3.
If more than one (1) equipment box or other facility is to be
erected under any one (1) application for a City construction permit,
all equipment locations for such a project shall be clearly identified
in drawings accompanying the application, and the impact of the entire
system on the safety or property values in the areas affected shall
be evaluated by the City, and the City shall have the right to impose
alternative locations for such equipment prior to issuing a construction
permit.
B.
Underground Facilities. All facilities shall be located underground
whenever possible as provided herein. The ROW user shall comply with
all City requirements as well as any utility commission regulations
its must adhere to. If this requirement is waived as provided herein,
the facility shall be located as determined by the Administrator,
including but not limited to any requirements placed on the ROW user
by the commission. Specific locations where facilities will be required
to be underground may be identified in the City's technical specifications
and standard drawings.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “Construction Surety” to “Above-Ground
And Underground Facilities.”
[R.O. 2011 §250.920; Ord. No. 2000-92 §2(9.15), 12-5-2000; Ord. No. 1578, 2-6-2018]
Excavation permittees, the owner(s) of the facilities to be
constructed and, if different, ROW User(s) are responsible for performance
of and compliance with all provisions of this Chapter.
