City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[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:
1. 
Make application for a right-of-way permit amendment describing the area in which the excavation or work will occur; and
2. 
Pay any additional fees required thereby.
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.