1. When working in public rights-of-way, permittees under this section shall not unreasonably interfere with the safety, health, and convenience of the public in the public's use thereof for ordinary travel, nor shall they interfere with public safety or public health services provided by the City to its residents by means of the public rights-of-way.
2. Permittees shall acquire no right or interest in the right-of-way allowing the continued use of the right-of-way for such purpose.
3. Permits Required.
A. Excavation Permit. An excavation permit shall be required for every person who excavates in the right-of-way.
B. Obstruction Permit. An obstruction permit shall be required for every person who undertakes activities in the right-of-way which will result in the obstruction of vehicular or pedestrian traffic.
C. Irrigation System Permit. Underground irrigation systems are allowed in right-of-way with the understanding that it is at the abutting property owner’s risk and any repair of the irrigation system caused by maintenance of utilities will be the responsibility of and at the abutting property owner’s expense.
4. No person may excavate or obstruct the right-of-way beyond the date specified in the permit unless they have been issued a new permit.
5. Permit Applications. Before any permit required by this chapter shall be issued, an application shall be made to the City Engineer. A permit application will be accepted only if all of the following conditions have been met and the permit applicant has:
A. Fulfilled all obligations related to prior permits, including but not limited to the restoration of the right-of-way, and payment to the City of all money due for the following:
(1) Prior obstruction or excavation permits;
(2) Any loss, damage, or expense suffered by the City as a result of the applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City in connection therewith;
(3) Restoration of the right-of-way by the City or the City's contractor;
(4) System management fees; and
(5) Fines assessed to the applicant.
B. Submitted a completed permit application form, which includes (i) all required attachments, and (ii) scaled drawings showing the location and area of the proposed project and the location of all existing and proposed equipment, and which states or identifies the following:
(1) The place, extent and purpose of the contemplated work including the identity of and location in the right-of-way at which any excavation is to be made.
(2) The time when the work is to be commenced and the time it is to be completed.
(3) For whom and in connection with what abutting property, if any, the work is to be performed.
(4) To what street main, if any, the sewer, water, or gas connection is to be made or to what electric or telephone line, if any, the electric or telephone connection is to be made.
(5) The name and contact information of the person or contractor who will do the work, and the person who will be in charge.
6. Plans and Specifications. Plans and specifications shall be filed with an application for a permit to make an excavation involving the construction or installation of equipment within the right-of-way. Plans and specifications shall be in sufficient detail to identify the exact type of equipment to be constructed or installed in the right-of-way, and the horizontal and vertical location of such equipment within the right-of-way, with respect to right-of- way/property lines and established monuments. Detailed plans and specifications shall not be required for individual excavations, such as individual water, sewer, gas, electric, or telephone connections to a building. A simple sketch on the application form provided by the City, including the dimensions of the proposed excavation in reference to permanent landmarks, shall be provided for individual excavations.
7. Insurance Certificate. Applications for obstruction and excavation permits shall be accompanied by an insurance certificate or to have one on file with the department as required by this chapter. Applications for excavation permits, and obstruction permits shall be accompanied by a surety or performance and maintenance bond, unless such bond has been previously filed with the department and is still in effect.
8. Indemnification. All applications for a permit under this chapter shall contain a stipulation that the applicant shall indemnify and hold harmless the City from any and all costs, expenses or liability for damages or injuries to persons or property or liability of any kind whatsoever arising from or growing out of any excavation or trench or surface restoration for which the permit is issued.
9. Administrative Penalties. The City Engineer is authorized to impose administrative penalties upon persons who commit the following violations of this chapter:
A. Failure to obtain permit;
B. Failure to provide required notification of emergency trenching or excavations;
C. Failure to provide required traffic control devices;
D. Failure to restore as required;
E. Failure to properly secure steel plates;
F. Failure to provide required notification for inspection by plumbing inspector;
G. Failure of restoration within the maintenance period;
H. Failure to restore street cuts within the period provided in the permit;
I. Failure to comply with permit conditions;
J. Failure to comply with orders issued by the City Engineer or the City Engineer's designee;
K. Failure to complete work within the time provided in the permit, or within a time extension of the permit granted by the City Engineer or the City Engineer's designee;
L. Failure to provide factually accurate, truthful or complete information in making application for a permit; or
M. Working, storing equipment or materials, or parking vehicles outside the permit area.
The administrative penalty for each violation shall be as provided in the schedule of administrative penalties adopted by the City Council by resolution. Notice of violation, with the applicable penalty for such violation noted thereon, shall be issued by the City Engineer to the violator. Penalties shall be paid in full within 30 days of the issuance of the notice.
10. Permit Fees.
A. Schedule of Fees. To recover the costs incurred by the department in managing the right-of-way a schedule of fees shall be developed. The permit fees to be paid in each instance shall be determined by the City Engineer, shall be updated as needed prior to each construction season, and shall be approved by the City Council by resolution.
B. Fees Accumulated in Separate Fund. All fees collected under this chapter shall be accumulated in a separate fund.
C. Fees Doubled During Probation. All permit fees shall be doubled during a probationary period.
D. Refund after Revocation of Permit. Permit fees which were paid in connection with a permit which the City Engineer has revoked for a breach are not refundable.
11. Refusal to Issue Permit. The City Engineer may refuse to issue the permits provided for in this chapter to any former permit holder who has intentionally violated the sections of this Code relating to excavations in or obstruction of any public right-of-way or who has failed to conform to the requirements of any previously issued permit or who has violated the orders or instructions of City officials issued pursuant to this chapter.
12. On-site Exhibit of Permit; Contractor Identification Signage.
A. One copy of the permit required by this chapter shall be kept and exhibited at every work site for which an excavation permit has been issued for a period of five days or more.
B. Persons performing work pursuant to an excavation permit shall display their name and telephone number on all motor vehicles and equipment, including tractors, trailers, and wheeled equipment capable of being driven or towed on the street. This shall not apply to personal or privately owned vehicles used solely to transport workers to a job site or to rental vehicles or equipment utilized in performing the work if the name and telephone number of the rental company appears on the vehicles or equipment. This information shall be exhibited in at least two locations on the vehicle and shall be either a temporary magnetic or permanent decal or painted lettering of a type and size, and with a contrasting color, rendering it legible from a distance of not less than 50 feet.
13. Restoration Required. The work to be done under an excavation permit issued pursuant to this chapter and the restoration of the right-of-way as required in this section must be completed within the dates specified in the permit. In addition to its own work, the permittee must restore or pay for the restoration of the general area of the work, and the surrounding areas, including the paving, its foundations and any special features, to its proper and required condition in accordance with the City's utility accommodation and street restoration specifications, unless the City Engineer deems other or additional specifications must be utilized in order to secure proper restoration. Further, the permittee shall inspect the area of the work and use reasonable care to maintain the same condition for 48 months thereafter. If special features in the right-of-way at a proposed excavation site, including but not limited to special sidewalk surfaces, heated sidewalks, underground vaults, areaways, and landscaping, cannot be preserved or protected, the City must be notified prior to the applicant beginning work.
14. Performance and Maintenance Bond.
A. An applicant for an excavation permit shall, at the time of application for an excavation permit, post a performance bond in an amount determined by the City Engineer to be sufficient to cover the cost of restoring the right-of-way to its proper and required condition pursuant to the City's utility accommodation and street restoration specifications and in accordance with the current restoration cost schedule established by resolution of the City Council. If at the conclusion of the 48-month period after completion of the restoration of the right-of-way, the department determines that the right-of-way has been properly restored, the surety on the performance bond shall be released.
B. Bond Condition. The bond shall be conditioned upon:
(1) The faithful performance of the right-of-way restoration work required under this chapter, or payment of the restoration costs incurred by the City; and
(2) The faithful performance of the terms of the permit, the provisions of this chapter, and any other requirements provided by law.
If the applicant fails or neglects to properly restore the right-of-way to its proper condition within the time for completion set forth in the permit, or within a reasonable time after notice by the City Engineer of such failure or neglect, or fails to pay the restoration costs incurred by the City or fails or neglects to properly maintain the right-of-way to its proper condition within a reasonable time after notice by the City Engineer of such failure or neglect, or fails to pay the maintenance costs incurred by the City, the right-of-way shall be restored or maintained by the City and the costs thereof, as certified by the City Engineer, shall be promptly paid by the applicant or bonding company as the case may be.
C. Bond for Obstruction Permit. If the City Engineer determines in his or her sole discretion that an obstruction permit applicant's proposed use of the right-of-way poses a risk of damage to the right-of-way, the City Engineer may require such applicant to post a surety bond before the obstruction permit is issued. Such bond, if required, shall be placed on file with and approved by the City Engineer; shall be in the minimum amount of $5,000.00 or such other amount determined by the City Engineer to be sufficient to cover the anticipated cost of damage to the right-of-way; and shall be conditioned to ensure removal of the obstruction and restoration of the right-of-way and all public improvements thereon by or before the expiration date of such obstruction permit or such extended time as may be granted by the City Engineer.
15. Permittee's Other Obligations.
A. Except in an emergency and with the approval of the City Engineer, no right-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work.
B. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with.
C. Work under a permit shall be conducted within the permit area, and work vehicles, equipment and materials shall be stored within the permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by the permit.
D. Contractor shall notify property owner(s) abutting the right-of-way in the area designated in the permit at least 24-hours in advance of the start of the work notifying them of the projected start date, type of work, who the work is for, and the contractor business name and phone number.
16. Denial of Permit.
A. Mandatory Denial. Except in an emergency, no right-of-way permit will be issued:
(1) To any person who is not in full compliance with the requirements of this chapter;
(2) To any person who has outstanding debt owed to the City;
(3) To any person as to whom there exists grounds for the revocation of a permit; and
(4) If the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event.
B. Permissive Denial. The City Engineer may deny a permit in order to protect the public health, safety and welfare; to prevent interference with the safety and convenience of ordinary travel over the right-of- way; or when necessary to protect the right-of-way and its users.
C. No person shall leave or keep open any excavation or vault on, in or under any right-of-way. All excavations and vaults shall be protected in accordance with the City's utility accommodation and street restoration specifications.
17. Inspection.
A. When the work under any permit issued pursuant to this chapter is completed, the permittee shall notify the City Engineer.
B. The permittee shall make the work site available to the department inspector and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the work.
C. At the time of inspection, the department 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.
18. Work Done Without Permit.
A. Emergency Situations. Each registrant under this chapter shall immediately notify the City Engineer of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary in order to respond to the emergency. Within two business days after the occurrence of the emergency, the registrant shall apply for the necessary right-of-way permits, and pay the fees associated therewith. If a storm, flood, or other citywide emergency event causes system-wide damages to the equipment of a utility service company, requiring emergency repairs without obtaining the necessary right-of-way permits, the City Council may, upon request by the company sustaining such damage, waive or modify the requirement that permits be obtained after the making of emergency repairs in response to such event. If the City Engineer becomes aware of an emergency regarding a registrant's equipment, the department may attempt to contact the local representative of each registrant affected or potentially affected by the emergency. In any event, the department may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency.
B. Nonemergency Situations. Except in an emergency, any person who obstructs or excavates a right-of-way without a permit must subsequently obtain a permit, pay double the normal fee for such permit, pay double all the other fees required by this Code, deposit with the department the fees necessary to correct any damage to the right-of- way.
19. Revocation.
A. Permittees hold right-of-way permits as a privilege and not as a right. The City reserves the right, as provided in this section, to revoke any right-of-way permit, without fee refund, for a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation or any condition of the permit. A substantial breach by the permittee shall include but shall not be limited to the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to maintain the required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct a condition indicated as directed by the inspector.
B. If the City Engineer determines that the permittee has committed a substantial breach of a term of condition of any statute, ordinance, rule, regulation or any condition of the permit, the City Engineer shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated in this subsection, will allow the City Engineer, at his or her discretion, to place additional or revised conditions on the permit.
C. Within 24 hours of receiving notification of the breach, the permittee shall contact the City Engineer with a plan, acceptable to the City Engineer, for its correction. The permittee's failure to so contact the City Engineer or the permittee's failure to submit an acceptable plan or the permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. Further, the permittee's failure to so contact the City Engineer or the permittee's failure to submit an acceptable plan or permittee's failure to implement the approved plan shall automatically place the permittee on probation for one full year. From time to time, the City Engineer may establish a list of permit conditions which, if breached, will automatically place the permittee on probation for one full year, such as but not limited to working out of the allotted time period or working on right-of-way grossly outside of the permit.
D. If a permittee, while on probation, commits a breach as outlined in this section, the permittee's permit will automatically be revoked, and the permittee will not be allowed further permits for one full year, except for emergency repairs.
E. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees, incurred in connection with such revocation.
20. Traffic Control Devices, Lighting and Plating.
A. The public shall be protected at all excavations or trenches or open vaults in the right-of-way by the placement of proper traffic control devices, lighting and plating as specified in the state manual on uniform traffic control devices and applicable provisions of SUDAS.
B. Every person making such an excavation or trench shall maintain any and all protection required under subsection (A) of this section until the trench or excavation has been refilled and the street, pavement, sidewalk or curb has been restored to its proper condition as provided in the City's utility accommodation and street restoration specifications.