[Ord. No. 1527 §1, 8-7-2006]
A.
Except as otherwise provided herein, no person, service provider or ROW user shall perform excavation or work, as those terms are defined in Section 530.010 hereof, in the right-of-way without a right-of-way permit.
B.
No
adjoining property owner shall construct, maintain or permit in or
on the portion of the public right-of-way to which such land is adjacent
any fixed structure, material or object without having obtained the
appropriate right-of-way permit.
C.
The
application for a right-of-way permit shall be submitted to the City
Inspector either by the registered ROW user or an authorized agent
of the ROW user who will do the work and/or excavation in the right-of-way.
D.
If
the City Inspector determines that the applicant has satisfied the
requirements of this Article, the City Inspector shall issue a right-of-way
permit.
E.
Any
person who is found to be working or excavating in the public right-of-way
without a right-of-way permit will be directed to stop the excavation
or work until a right-of-way permit is acquired and available at the
excavation or work site. The only exception allowed is for emergency
repair excavation or work.
[Ord. No. 1527 §1, 8-7-2006]
A.
The
right-of-way permit application shall be on the form provided by the
City Inspector and at a minimum shall include the following:
1.
Compliance with all of the necessary registration requirements of
this Chapter, including:
a.
If the applicant is a person other than the registered ROW user,
proof that the applicant is an agent of the registered ROW user authorized
to do the excavation or work in the permit request, or
b.
If the applicant is not performing excavation or work related to
facilities in the right-of-way, proof that they are the adjoining
property owner or an agent of the adjoining property owner, authorized
to do the excavation or work in the permit request.
2.
Attachments, including engineering drawings, construction plans,
profiles, specifications and as-builts in the form maintained by the
ROW user showing the location and area of the proposed project and
the location of all existing and proposed facilities at such location
which documents shall be confidential and not disclosed to third (3rd)
parties to the extent permitted by law;
3.
A traffic control plan, if applicable, including a work schedule
indicating the extent and duration of such plan and the traffic safety
measures to be used by the ROW user for the duration of the excavation
or work;
4.
An excavation or work plan including a schedule indicating the extent
and duration of such plan, including a proposed start and end date;
5.
All applicable right-of-way permit fees as provided in this Article;
6.
Payment of all money due to the City for right-of-way permit fees
for prior excavation or work costs, for any loss, damage or expense
suffered by the City because of the applicant's prior excavation or
work in the right-of-way or for any emergency actions taken by the
City, unless the payment of such money is in dispute and timely appealed
as provided hereafter; and
7.
Performance and maintenance bonds as provided in this Article.
[Ord. No. 1527 §1, 8-7-2006; Ord. No. 1551 §1, 12-18-2006]
A.
The
right-of-way permit fee shall be recommended by the City Inspector,
approved by the Board of Aldermen and listed in the Schedule of Fees
and Charges maintained in the City Clerk's office.
B.
Right-of-way
permit fees shall be:
1.
Based on the actual, substantiated costs reasonably incurred by the
City in managing the right-of-way;
2.
Based on an allocation among all users of the right-of-way, including
the City, which shall reflect the proportionate costs imposed on the
City by each of the various types of uses of the right-of-way;
3.
Imposed on a competitively neutral and non-discriminatory basis;
and
4.
Imposed in a manner so that above ground uses of the right-of-way
do not bear costs incurred by the City to regulate underground uses
of the right-of-way.
C.
In
determining the actual costs reasonably incurred by the City in managing
the right-of-way, the City may include the following:
1.
The cost of issuing, processing and verifying right-of-way permit
applications;
2.
The cost of inspecting job sites and restoration projects;
3.
The cost of protecting or moving ROW user construction equipment
after reasonable notification to the ROW user during right-of-way
excavation or work;
4.
The cost of determining the adequacy of public right-of-way restoration;
5.
The cost of restoring excavation or work inadequately performed after
providing notice and the opportunity to correct the excavation or
work, including reinspection fees; and
6.
The cost of revoking right-of-way permits.
D.
Fees
paid for a right-of-way permit, which is subsequently revoked by the
City Inspector, are not refundable.
E.
The
right-of-way permit fee shall be imposed as a base fee per right-of-way
permit.
F.
In
the event the scope of the project is revised during the course of
the excavation or work, the City Inspector may recalculate the fee
based on the actual size of the excavation or work and may require
an additional right-of-way permit fee.
G.
The
City Inspector may establish, with the approval of the Board of Aldermen,
a system providing for payment of right-of-way permit fees by ROW
users in bulk.
[Ord. No. 1527 §1, 8-7-2006]
A.
The
City Inspector may impose reasonable conditions upon the issuance
of a right-of-way permit and the performance of the ROW user in order
to protect the public health, safety and welfare, to ensure the structural
integrity of the right-of-way, to protect the property and safety
of other users of the right-of-way and to minimize the disruption
and inconvenience to the traveling public.
B.
When a right-of-way permit is requested for purposes of installing additional facilities and the performance and maintenance bonds for additional facilities is reasonably determined to be insufficient, the posting of an additional or larger performance or maintenance bond for the additional facilities may be required by the City Inspector, except as otherwise provided in Article X hereof.
C.
A ROW
user shall perform all excavation or work in full accord with any
and all applicable engineering codes adopted or approved by the City
and in accordance with applicable Statutes of the State of Missouri
and the rules and regulations of the Commission or any other local,
State or Federal agency having jurisdiction over the parties. A ROW
user shall perform all excavation or work in conformance with all
applicable codes and established rules and regulations and shall be
responsible for all excavation or work done in the right-of-way pursuant
to its right-of-way permit, regardless of by whom the excavation or
work is done.
D.
Except
in cases of an emergency or with approval of the City Inspector, no
right-of-way excavation or work may be done in violation of a stop
work order issued by the City Inspector if in his or her determination
conditions are unreasonable for such excavation or work based on standard
engineering and construction practices.
E.
A ROW
user shall not disrupt a right-of-way such that the natural free and
clear passage of water through the gutters or other waterways is interfered
with. No person may park private vehicles within or next to the work
or excavation area, except for such areas which may be designated
and marked as safe areas for vehicle parking in accordance with an
approved traffic control plan.
F.
If
excavation or work is being done for the ROW user by another person,
a subcontractor or otherwise, the ROW user shall be responsible for
ensuring that the excavation or work of said person is performed consistent
with its right-of-way permit and applicable law and shall be responsible
for promptly correcting acts or omissions by said person.
G.
The
City Inspector may establish in the right-of-way permit limitations
on the amount of excavation or work which may occur at one time and
the amount of right-of-way which may be obstructed during construction.
H.
The
ROW user shall, in the performance of any excavation or work required
for the installation, repair, maintenance, relocation and/or removal
of any of its facilities, limit all excavation or work to that necessary
for efficient operation.
I.
The
ROW user shall not permit excavation or work to remain open longer
than is necessary to complete the repair or installation and in no
event may excavation or work remain open beyond the expiration of
the right-of-way permit or any approved extension.
J.
Non-emergency
excavation or work on arterial and collector streets may not be performed
during the hours of 7:00 A.M. to 8:30 A.M. and 4:00 P.M. to 6:00 P.M.
in order to minimize disruption of traffic flow. The ROW user shall
perform excavation or work on the right-of-way at such times that
will allow the least interference with the normal flow of traffic
and the peace and quiet of the neighborhood and shall not work between
the hours of 10:00 P.M. and 7:00 A.M.
K.
The
City Inspector may limit the number of conduits that may be installed
by each ROW user based on the reasonable needs to ensure that no one
(1) ROW user may unreasonably consume a disproportionate amount of
the available right-of-way to deter competition.
[Ord. No. 1527 §1, 8-7-2006]
Issued right-of-way permits are not transferable without prior
written consent of the City Inspector. The City Inspector shall not
unreasonably withhold consent for transfer of a right-of-way permit.
[Ord. No. 1527 §1, 8-7-2006]
A.
A right-of-way
permit shall only be valid for the area of the right-of-way specified
within the right-of-way permit. No ROW user may cause any excavation
or work to be done outside the area specified in the right-of-way
permit, except as provided herein. Any ROW user who determines that
an area greater than that which is specified in the right-of-way permit
must be excavated must do the following prior to the commencement
of excavation or work in that greater area:
B.
A right-of-way
permit shall be valid for sixty (60) days. No ROW user may commence
excavation or work before the right-of-way permit start date or, except
as provided herein, may continue excavation or work after the end
date. If a ROW user does not complete the excavation or work by the
right-of-way permit end date, the ROW user must apply for and receive
a new right-of-way permit or a right-of-way permit extension for additional
time. One (1) extension of up to sixty (60) days shall be granted
upon request and shall be granted without payment by the ROW user
of additional right-of-way permit fees. To qualify for an extension,
a supplementary application must be submitted to the City prior to
the right-of-way permit end date.
C.
A right-of-way
permit will only be valid for those persons indicated on the approved
right-of-way permit and may only be transferred with prior written
consent of the City Inspector.
[Ord. No. 1527 §1, 8-7-2006]
A.
The
City Inspector may choose to inspect the ongoing permitted excavation
or work in the right-of-way at any time to ensure that all requirements
of the approved right-of-way permit are being met by the ROW user.
B.
At
the time of any inspection, the City Inspector may order the immediate
cessation, through a stop work order, of any excavation or work which
poses a serious threat to the life, health, safety or well-being of
the public. The City Inspector may issue a citation to the ROW user
for any excavation or work which does not conform to the applicable
standards, conditions, code or terms of the right-of-way permit. The
citation shall state that failure to correct the violation within
the time specified in the citation will be cause for revocation of
the right-of-way permit.
[Ord. No. 1527 §1, 8-7-2006]
Right-of-way permits issued shall be available by the ROW user
at all times at the indicated work site and shall be available for
inspection by the City Inspector, other City employees and the public.
[Ord. No. 1527 §1, 8-7-2006]
The ROW user shall notify the office of the City Inspector upon
completion of the excavation or work authorized by the right-of-way
permit.
[Ord. No. 1527 §1, 8-7-2006]
A.
The
City Inspector may deny an application for a right-of-way permit if:
1.
The ROW user or any persons acting on the behalf of the ROW user
fails to provide all the necessary information requested by the City
for managing the public right-of-way.
2.
The ROW user or any persons acting on the behalf of the ROW user,
including contractors or subcontractors, has a history of non-compliance
or permitting non-compliance within the City. For purposes of this
Section, "history of non-compliance or permitting non-compliance
within the City" shall mean the ROW user or any persons acting
on the behalf of the ROW user, including contractors or subcontractors,
has failed to return the public right-of-way to its previous condition
under a previous right-of-way permit.
3.
The City has provided the ROW user with a reasonable, competitively
neutral and non-discriminatory justification for requiring an alternative
method for performing the excavation or work identified in the right-of-way
permit application or a reasonable alternative route that will result
in neither additional installation expense up to ten percent (10%)
to the ROW user nor a declination of service quality.
4.
The City determines that the denial is necessary to protect the public
health and safety, provided that the authority of the City does not
extend to those items under the jurisdiction of the Public Service
Commission, such denial shall not interfere with a ROW user's right
of eminent domain of private property and such denials shall only
be imposed on a competitively neutral and non-discriminatory basis.
In determining whether denial of a right-of-way permit application
is necessary to protect the public health and safety, the City Inspector
may consider one (1) or more of the following factors:
a.
The extent to which the right-of-way space where the right-of-way
permit is sought is available, including the consideration of competing
demands for the particular space in the right-of-way or other general
conditions of the right-of-way.
b.
The applicability of any ordinance, Code provision or other regulations
that affect the location of facilities in the right-of-way.
c.
The degree of disruption to surrounding communities and businesses
that will result from the use of that part of the right-of-way, including
whether the issuance of a right-of-way permit for the particular dates
and/or times requested would cause a conflict or interfere with an
exhibition, celebration, festival or any other event.
5.
The area is environmentally sensitive as defined by State Statute
or Federal law or is a historic district defined by local ordinance.
[Ord. No. 1527 §1, 8-7-2006]
A right-of-way permit is required for emergency situations.
If due to an emergency it is necessary for the ROW user to immediately
perform excavation or work in the right-of-way and it is impractical
for the ROW user to first get a right-of-way permit, the excavation
or work may be performed and the required right-of-way permit shall
be obtained as soon as reasonably possible, but not later than five
(5) business days after the excavation or work is begun. The ROW user
shall notify the City's Public Works Department if emergency excavation
or work is necessary.
[Ord. No. 1527 §1, 8-7-2006]
A.
ROW
users performing routine maintenance which does not require excavation
or work in the right-of-way, which does not disrupt traffic and which
does not require more than two (2) hours to complete shall be exempt
from the requirement of a right-of-way permit.
B.
A ROW
user shall not be required to obtain a right-of-way permit for excavation
or work which is necessary because of an emergency and that emergency
is declared by a proper governmental authority with jurisdiction over
the emergency to be a "disaster" or "state of emergency" under Federal,
State or local law. In the event that excavation or work is necessary
during a disaster or state of emergency, the ROW user performing excavation
or work in the right-of-way shall notify the Public Works Department
of the nature and scope of the excavation or work to be performed
in the right-of-way, along with the location of the excavation or
work and the estimated time to complete the excavation or work.
