A. General.
1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permits to ensure that off-site improvements proposed within private and public rights-of-way, including alleys, comply with all applicable standards, regulations, and codes.
2. Applicability. No person shall construct, reconstruct, repair, alter, or grade in or upon any right-of-way without obtaining a permit from the Engineering Division, unless otherwise determined by the City Engineer or designee. This includes ancillary activities such as digging; scraping; excavating; depositing and storing construction material or debris; installing new plant material; or removing, destroying, pruning, or cutting any existing tree, shrub, or similar plant. One hundred percent (100%) of a permit fee shall be assessed if work is started without a valid permit.
3. Scope. The permit shall entitle the applicant to work in a maximum of one thousand, six hundred (1,600) linear feet of right-of-way. A separate permit must be obtained for each additional one thousand, six hundred (1,600) linear feet of work. Where work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits be issued for one (1) location. For projects that consist of directional bore conduits only, the City Engineer, or designee may approve a permit exceeding a total length of three thousand, two hundred (3,200) linear feet as one (1) permit of work. The permit shall be in the custody of the applicant or agent at the work site.
B. Submittal Requirements. An application form for a right-of-way permit shall be provided by the Engineering Division. Unless the City Engineer or designee determines otherwise, the applicant shall submit the completed form, pay the fee as adopted by resolution by the City Commission, and provide all documentation required hereunder, in the number of copies specified by the Division.
1. Name. The names and addresses of the contractor performing the work, and the owner or company for whom the work is being performed;
2. Drawings and Plans. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1) shall be retained by the City Engineer;
3. Hold Harmless Agreement. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant;
4. Insurance. When conducting work on behalf of the city, the applicant shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant's insurance shall provide coverage against claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself or herself, his or her subcontractor or anyone directly or indirectly employed by him or her. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liability insurance for personal injury shall be not less than five hundred thousand dollars ($500,000) per person, five hundred thousand dollars ($500,000) per incident, and one hundred thousand dollars ($100,000) for property damage;
5. Surety. The City Engineer shall have the authority to require an applicant to provide adequate surety, in order to protect, and save harmless, the city from all claims for damages or injury to other persons by reason of work under his permit. Such surety shall be equal to one hundred ten percent (110%) of the estimated value of the project and provided in the manner prescribed in accordance with Section 6 below; and
6. Miscellaneous. Any other information as the City Engineer shall find reasonably necessary to determine if a permit should be issued hereunder.
C. Review Criteria. All work performed in public or private rights-of-way shall conform to either the Florida Department of Transportation Standards Specifications and Roadway and Traffic Design Standards (as applicable), the Manual of Uniform Control Devices (MUTCD) as applicable, or the Engineering Design Handbook and Construction Standards, or the latest supplements thereof. Except as provided herein, any person desiring to perform or have performed any of the acts covered by these Land Development Regulations wherein a permit is required shall secure such permit in accordance with the rules and regulations set forth in this section.
D. Conditions for Permits. Unless otherwise determined by the City Engineer or designee, approval of all permit applications are subject to the following conditions:
1. Access to Streets and Alleys. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the City Engineer. This permit shall be issued if the following requirements are met:
a. That access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and specifications of the city;
b. If the street to which access is desired is not improved with hard surface pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the City Engineer;
(1) Curbs and gutters (if deemed appropriate) shall be constructed along the side of any street to which access is sought to the limits of the property.
(2) Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the City Engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets.
(3) Storm drainage (piped or swaled) shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed.
(4) Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated from the development of the property meets the warrants established by the Palm Beach County Traffic Engineering Division.
c. No person shall construct any access to any alley unless the following requirements are met:
(1) Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought from the limits of the property and beyond to the nearest paved portion of the alley; and
(2) Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties, or the adjacent alley or roadway, or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the City Engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom.
d. The City Commission, after a public hearing before the Planning and Development Board and receipt of the findings and recommendations of such Board, may waive or vary any requirement of paragraph b. above for good cause shown upon application by the persons seeking access.
2. Work within Right-of-Way.
a. A sign shall be displayed at the work site indicating the name and telephone number of the contractor and the name of the applicant requesting the work.
b. Devices used to safeguard job site and all traffic control devices and techniques shall conform to the current standards set forth in either the Florida Department of Transportation Standard Specifications for Road & Bridge Construction, Florida Department of Transportation Standard Index, Manual of Uniform Traffic Control Devices (MUTCD), and all applicable federal, state and local regulations. In the event proper traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the City Engineer may stop work and revoke the permit.
c. If the work to be undertaken by an applicant under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the permit is to be done, the City Engineer shall require the applicant to submit a list of the names and addresses of the affected property owners and tenants, and the applicant shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the applicant will affect other subsurface installations in the vicinity of the proposed opening, the applicant shall also notify the owners of such facilities of the proposed work.
d. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the applicant obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only in the following instances: 1) in case of emergency as determined by the City Engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the City Engineer; 3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as determined by the City Engineer; or 4) for city work or activities whereby the City Manager determines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the applicant's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Commission as necessary and convenient for the public health, welfare and safety.
e. It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent injury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or injuries sustained on public property.
f. When it is necessary to cut pavement, the trench shall be backfilled in accordance with current city standard drawing(s) and specification(s). All backfilled areas within eight (8) feet of pavement shall be compacted/stabilized to meet current city standards.
g. Every applicant shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the City Engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the City Engineer where deemed necessary by him or her to protect adjacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the City Engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the applicant.
h. Access to private driveways and alleys shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all times to fire hydrants.
i. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one (1) time.
j. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary.
k. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the City Engineer.
l. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper government authority. Permission may be granted only upon conditions that the applicant shall pay all expenses incident to the proper replacement thereof, including the cost of a survey.
m. When work performed by the applicant interferes with the established drainage system of any street or natural water way, provision shall be made by the applicant for adequate temporary drainage to the satisfaction of the City Engineer and consistent with the provisions of this Code.
n. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the City Engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the City Engineer may require the applicant to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the applicant as directed by the City Engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the applicant shall keep open a passageway at least one-half (1/2) of the sidewalk width along such sidewalk.
o. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the applicant shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the City Engineer shall cause such removal and the cost incurred thereby shall be paid by the applicant. Failure on the part of the applicant to make immediate payment of such cost upon demand shall be cause for revoking such permit.
p. Sidewalks, curbs, gutters and driveways, if removed for construction, shall be replaced in accordance with current city standards and specifications, and no pavement shall be placed without prior inspection of forms and excavation by the City Engineer or his or her designee.
q. The restoration of any parkway areas shall be at least equal to the condition of the parkway prior to the construction. The restoration shall be completed within ten (10) working days from the time the area has been backfilled.
r. Final restoration shall include removal of all construction rubble and dirt mounds from the area and removal of all dirt and dust caused by the construction from pavement.
s. All pavement replacement work within rights-of-way shall be guaranteed by the contractor for one (1) year, and any failure or problems developing due to the construction or reconstruction of the pavement will be the responsibility of the contractor, to be repaired by him or her, as directed by the City Engineer, or designee, at no cost to the city.
E. Approval Process.
1. General. Administrative review and action shall be conducted by the appropriate city departments. The City Engineer, or his or her designee, shall issue a permit hereunder when the work complies with the provisions of this Code and the Land Development Regulations.
2. Inspections. A person doing work under this article, or his agent, shall call for inspection a minimum of forty-eight (48) hours prior to starting work. The City Engineer or designee shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon the completion of streets, sidewalks or other public ways, approval shall be required prior to release of surety. In the event it should be necessary to have the services of a Florida-registered engineer for any inspection, or technical approvals are deemed necessary by the City Engineer, such expenses shall be borne by the applicant. Inspection and approval of improvements in new subdivisions shall be in accordance with the provisions of the Engineering Design Handbook and Construction Standards and Land Development Regulations.
3. Temporary Approval. For permits involving excavation activities, the City Engineer may grant a temporary verbal approval to any agent (who is not a regular employee) of the city, including the Utilities Department, for a permit in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter.
4. Trees and Shrubs in Rights-of-Way. For permits issued under another section or article or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the Department of Public Works/Forestry and Grounds Division shall review and approve the permit before it is issued.
F. Expiration. The right-of-way permit shall be valid for a period not to exceed six (6) months from the date of issuance. If construction of the improvement covered by the permit has not commenced within this time period, the permit shall expire, and be cancelled with written notice to the applicant.
G. Time Extension. An extension of the permit for a period not to exceed six (6) months may be requested in writing by the applicant if received by the Division prior to permit expiration. The fee for requesting a permit extension shall be approved by the City Commission and may be modified from time to time. The applicant shall provide justification for the requested time extension, and the City Engineer may grant an extension if it is determined that such extension is necessary and not contrary to the public interest. In addition, the following shall apply:
1. All extensions of permit time shall be calculated at twenty-five percent (25%) of the original total permit fee and shall extend the life of the permit for an additional six (6) month period.
2. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the applicant prior to lapsing due to time limits, and no work has been done, all but a basic fee of two hundred fifty dollars ($250) to cover the cost incurred by the City Engineer shall be refunded.
H. Miscellaneous.
1. Lawful Use. Every permit issued under this article shall be granted subject to the right of the city or the applicant to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit.
2. Parameters of Permit. No applicant under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the City Engineer. Upon such approval, additional work may be done under the provisions of the permit an amount not greater than ten percent (10%) of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the City Engineer.
3. Default and Revocation. Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the applicant and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Engineer to be necessary for the completion of such work. After receipt of such notice, the applicant or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice.
The City Engineer may revoke any permit after prior written notice to the applicant for the following: 1) violation of any provision of this chapter; 2) violation of any other applicable provision of this Code or any other ordinance or law relating to the work; or 3) existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
Written notice of any such violation shall be served upon the applicant or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by certified or registered United States mail addressed to the person to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the applicant is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours.
4. Restoration. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the applicant and may be removed from the cash bond or letter of credit that the applicant has filed with the city, and the bond or letter of credit shall so provide.
5. Abandoned Facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property.
(Ord. 10-025, passed 12-7-10)