(A) General. No person except the city or a person exempted by contract with the city shall undertake or permit to be undertaken any construction, excavation or work in a right-of-way without first obtaining a permit from the city. Each permit obtained along with associated documents shall be maintained on the job site and available for inspection upon request of the city.
(B) Construction, excavation or work area. No holder shall perform construction, excavation or work in an area larger or at a location different or for a longer period of time than specified in the permit or permit application. If, after construction, excavation or work, it becomes necessary to perform construction, excavation or work in a larger or different area than originally requested under the application or for a longer period of time, the holder shall notify the city, immediately and within 24 hours shall file a supplementary application for the additional construction, excavation or work.
(C) Developer ownership of public infrastructure. The physical construction of the public infrastructure in new developments is the responsibility of the developer. Ownership of the infrastructure remains with the developer of the land until acceptance by the city and/or utility. Any development of land where work is undertaken for infrastructure within the right-of-way, but prior to acceptance by the city shall obtain a permit from the city. The city will not accept public infrastructure improvements where work performed is not in accordance with the applicable city specifications and applicable provisions of this chapter.
(D) Cessation of activity. Any person or entity found to be conducting any work activity within the right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions to stabilize the area including signage and/or traffic control) and be required to obtain a permit before work may be restarted.
(E) Work without permit. Any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work be done immediately provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day of which the city or its designee is open for business and the permit shall be retroactive to the date when the work was begun.
(Ord. 40-2006, passed 10-17-2006; Ord. 02-2018, passed 2-20-2018)