Loading...
No person shall enter the public right-of-way to excavate, bore, tunnel, or otherwise construct within the said right-of-way, break up any street, alley or other public place of the City, or cut into or remove any public sidewalk, curb, crossing or pavement for the purpose of making any gas, water, sewer, or underground utility connections; or for the setting of poles, or laying of mains, pipes or conduits, without first obtaining a right-of-way permit from the Public Works Director or authorized agent.
1. A right-of-way permit application shall be obtained and submitted to the Public Works Director or authorized agent which conveys the extent and purpose of the contemplated work; the time when same is proposed to be done, for whom and in connection with what property; in what street, alley or public ground the excavation is to be made and its location thereon; to what street main the connection is to be made; and the name of the person engaged in doing the work and the person in charge thereof.
2. Permit Form. A permit application form is available from the Public Works Director. Said form, when completed, will include the above required information.
3. Insurance Requirements. Right-of-way permit applications shall be accompanied by an insurance certificate unless the applicant already has an insurance certificate on file with the Public Works Department that is still in effect. The insurance certificate shall meet the limits, requirements, indemnifications and coverage according to the Statewide Urban Design and Standard Specifications (SUDAS), Section 1070 – Part 3.02 Insurance Requirements.
4. Indemnification. All applications for a right-of-way permit 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 any work by the applicant for which the permit is issued.
5. Bond. If the Public Works Director determines in his or her sole discretion that a right-of-way permit applicant’s proposed use of the right-of-way poses a risk of damage to the right of-way, the Director may require such applicant to post a surety bond before the permit is issued. Such bond, if required, shall be in the minimum amount of $5,000.00 or such other amount determined by the Public Works Director to be sufficient to cover the anticipated cost of damage to the right-of-way; and shall be conditioned to ensure that the right-of-way is restored in a timely manner and before the specified approximate completion date.
6. Fee. Each permit application shall be accompanied with a fee of $40.00 per individual application to cover the costs incurred by the City in managing the rights-of-way.
The work of refilling any opening, trench or excavation in any paved street or alley, replacing the pavement and restoring the same to proper condition, and refilling any opening or excavation in any unpaved street, shall be done under the direction of the Public Works Director and in accordance with the approved city construction specifications.
1. Open excavations that restrict the movement of traffic on City streets must be backfilled, restored and reopened to traffic before the end of the work day, unless approved otherwise by the Public Works Director or authorized agent.
Whenever any opening, trench or excavation is made in an unpaved street not ordered by the Council to be paved, the person making such opening, trench or excavation shall refill the same with earth, thoroughly settled by tamping, under the direction of the Public Works Director in accordance with the approved city construction specifications.
All public utility connections shall be left exposed and the excavation for the same unfilled until inspected by the Public Works Director. It shall be the duty of any person making any excavation for such connections to notify the Public Works Director at the time such connection is completed and the excavation is ready to be refilled, in order that the same may be properly inspected.
All excavations or trenches in streets, alleys or on public grounds of the City shall be guarded by proper traffic control devices according to the current Manual on Uniform Traffic Control Devices as prescribed by the Public Works Director. Every person making an excavation shall maintain the traffic control devices required by this section until the work zone is considered suitable for re-opening to traffic according to the Public Works Director.
The Public Works Director 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 working within the right-of-way or who has failed to conform to the requirements of any previously issued permit.
(Sections 151.02 – 151.08 - Ord. 1802 – Apr. 14 Supp.)