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(a) The purpose of this subchapter is to impose an arterial street platting fee on real property to recover the platted or replatted developed real property’s proportionate share of the costs to expand and sustain the arterial street system.
(b) The arterial street system is defined as the system of roadways for the city, classified as arterials on the Sioux Falls Major Street Plan and areas of joint jurisdiction as detailed in Sioux Falls Subdivision Ordinance § 157.004 and built to city design standards, as amended from time to time.
(c) It is the intent of this subchapter to charge platted or replatted real property its proportionate share of the increased costs of expanding and sustaining the arterial street system necessitated by the development of such real property.
(d) The city council finds the amount of the arterial street platting fee based on rational nexus and rough proportionality standards has been appropriately determined according to the analysis described in the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates (revised May 2015).
(e) This subchapter incorporates the Development Area Maps as set forth in the city’s comprehensive plan.
(f) (1) For the platted or replatted real property located in Tier I and Tier II of the city’s comprehensive plan, the arterial street platting fee shall be paid prior to approval of any plat or replat.
(2) For platted or replatted real property located outside of Tier I and Tier II but within the joint jurisdiction area detailed in subsection (e), the owner may defer payment of arterial street platting fees. Any deferred payment of arterial street platting fees shall be due and payable for the platted or replatted real property at the earliest of:
A. Annexation of such platted or replatted real property or such platted or replatted real property’s location within Tier I or Tier II; or
B. The owner’s application of request for rezoning or other required city conditional use permit or license on such platted or replatted real property; or
C. The city’s provision of arterial streets to or immediately adjacent or adjoining the platted or replatted real property.
The amount of such platting fee shall be the fee amount in effect at the time of the event triggering the platting or replatting fee. Unpaid and deferred platting and replatting fees shall constitute an encumbrance and lien running with the land upon the platted or replatted real property and the obligation to pay shall be binding upon the owner, and the owner’s successors, successors in title, and assigns.
(3) The city may increase, waive, reduce or defer the payments if: (a) the plat or replat is a minor plat or replat; (b) the plat or replat is a transfer of ownership; (c) as set forth in a Development Agreement; or (d) based on the city’s individualized determination as to the nature and extent of the impact of the development.
(4) The city may condition approval of zoning or other city required conditional use permits and licenses until all platting fees are paid in full or arrangements for payment are made.
(5) A. For any property platted or replatted the plat or replat shall contain a note identifying the zoning classifications in effect at the time of plat or replat submittal. The owner's certificate of compliance for the plat or replat shall indicate the plat or replat is subject to the arterial street platting fee and shall provide that arterial street platting fees shall be paid by an applicant requesting rezoning of the plat or replat in accordance with this section.
B. For rezonings of property platted or replatted, where the zoning classification noted in the plat or replat on which the arterial street platting fee converts to a higher per acre trip generator such as from RS to RA-1, an additional arterial street platting fee shall be paid at the time of the rezoning application, with the money to be refunded if the rezoning is denied. The additional arterial street platting fee shall be the difference between the fee for the previous zoning classification as noted on the plat or replat and the fee for the new zoning classification. Half of the right-of-way of any local or collector street adjacent to the rezoned property shall be included in the calculation of the arterial street platting fee.
(g) (1) The arterial street platting fee is hereby established for fees paid in the following years:
Areas Zoned | Arterial Street Platting Fee (effective January 1, 2017) | Arterial Street Platting Fee (effective January 1, 2018) | Arterial Street Platting Fee (effective January 1, 2019) | Arterial Street Platting Fee (effective January 1, 2020) | Arterial Street Platting Fee (effective January 1, 2021) |
AG, CN, or REC | $0 per acre | $0 per acre | $0 per acre | $0 per acre | $0 per acre |
C-2, C-3, or C-4 | $17,330 per acre | $17,763 per acre | $18,207 per acre | $18,663 per acre | $19,129 per acre |
I-1, I-2, and AP | $4,019 per acre | $4,119 per acre | $4,222 per acre | $4,328 per acre | $4,436 per acre |
O, C-1, LW, S-1, or S-2 | $7,455 per acre | $7,641 per acre | $7,832 per acre | $8,028 per acre | $8,229 per acre |
RA-1, RA-2, or RA-3 | $4,854 per acre | $6,510 per acre | $8,730 per acre | $8,948 per acre | $9,172 per acre |
RS, RT-1, RT- 2, RD-1, RD- 2, RHP, RR, or MH | $2,024 per acre | $2,075 per acre | $2,126 per acre | $2,180 per acre | $2,234 per acre |
(2) The number of acres in local and collector street right-of-way shall be included in the arterial street platting fee calculation according to the adjacent zoning classifications. Where opposite sides of the road are of different zoning classifications, half of the right-of-way shall be allocated to each zoning classification. For subareas zoned with multiple zoning classifications, such as RCD-PUD, V-PUD, DT-PUD, and PO-PUD, the higher trip generating zoning classification shall govern for the entire subarea for purposes of calculating the arterial street platting fee.
(h) The amount to be paid shall be determined by multiplying the arterial street platting fee per acre by the relevant number of acres contained within the plat or replat, including local and collector street right-of-way, less the following:
(1) Land dedicated or to be dedicated to the city for right-of-way for an arterial street; and
(2) Areas zoned REC recreation, AG agricultural or CN conservation.
(i) The value of contributions made by the owner or fee payer toward the cost of expanding the arterial street system shall be subtracted from the amount of arterial street platting fees otherwise due for the real property. The value of the contribution shall be determined by the city engineer, based on information submitted by the fee payer and shall be in compliance with applicable law. No credit will be given for the value of land dedicated or to be dedicated to the city for right-of-way or areas zoned REC or CN. No credit will be given for facilities to the extent they exceed city requirements. Credit for the contributions not claimed prior to payment of the arterial street platting fee shall be waived.
(j) Arterial street platting fee revenues shall be deposited into an interest-bearing account and segregated from other funds of the city. The revenues collected and interest earned shall be used solely for expanding and sustaining the arterial street system.
(k) Periodically, the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates, will be updated. The updates shall review fees and recommend adjustments based on the then current costs of construction. If an amendment is necessary, the information shall be provided to the city council together with a proposed ordinance amendment. Pending any such adjustments, the platting fees shown in the table above shall increase by 2.5 percent per year for years after 2021.
(l) A person harmed by an administrative decision of the city under this subchapter may appeal the decision through the procedures provided in Administrative Appeals subchapter, §§ 30.040 et seq. of this Code, as that subchapter may be amended from time to time, except as modified below.
(1) The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, and the cost shall be divided equally between the city and the appellant.
(2) The hearing examiner may amend, remand, or reverse the decision of the city only if clear error is found in:
A. The determination of the number of acres subject to the arterial street platting fee;
B. The determination of the applicable zoning classification for determination of the arterial street platting fee;
C. The value of any credit;
D. Any mathematical computation; or
E. Determining or applying any other objective fact on which the decision was based.
(3) If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall be binding as amended. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.
(4) The provision for appeals under this division (l) is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.
(5) Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.
(6) The decision of the hearing examiner may be subject to judicial review as provided by law.
(1992 Code, § 38-150) (Ord. 115-08, passed 9-15-2008; Ord. 12-13, passed 3-19-2013; Ord. 31-16, passed 4-5-2016; Ord. 63-24, passed 7-16-2024)
RIGHT-OF-WAY CONSTRUCTION AND ADMINISTRATION
(a) Title. This body of regulations shall be known as the “Sioux Falls Public Rights-of-Way Utility Construction and Administration Ordinance.”
(b) Findings and purpose.
(1) In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its streets and the use of the right-of-way, the city strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the right-of-way, a primary cause for the early and excessive deterioration of its right-of-way is the frequent excavation by persons whose equipment is located therein.
(2) Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel plans because of them. Persons whose facilities are located within the right-of-way are the primary cause of these frequent obstructions.
(3) The city and other public entities have invested millions of dollars in public funds to build and maintain the right-of-way. The city recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good. Although these services are often necessary or convenient for the citizens, those persons receive revenue and/or profit through the use of public property.
(4) Where roads are being constructed or reconstructed to city standards, existing facilities within the right-of-way which conflict with the proposed construction may have to be modified or relocated.
(1992 Code, § 35.5-1) (Ord. 55-99, passed 5-17-1999)
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person requesting permission to excavate, obstruct or construct in a right-of-way. APPLICANT does not include commercial vehicles or materials regulated by § 77.009 of this Code.
APPLICATION. The process by which an applicant submits a request to locate, maintain or remove facilities in the right-of-way.
CITY COST. The direct and indirect costs, including loss of pavement life, borne by the city for pavement management, traffic management, risk management, financial management, cost recovery, infrastructure oversight, budget analysis, record keeping, legal assistance, systems analysis, application processing and checking, issuing permits, inspecting job sites, creating and updating mapping systems and performing all of the other tasks required by this Code, including other costs the city may incur in managing the provisions of this Code.
CONSTRUCT. To excavate, install poles, install signs or install facilities, other than landscaping, on, above or under any part of the right-of-way.
CONSTRUCTION PERMIT or PERMIT. The permit which must be obtained before a person may excavate, obstruct, construct, repair or remove facilities in a right-of-way.
EMERGENCY. An occurrence which demands immediate action to prevent significant environmental damage or loss of life, health, property or essential public services including the re-erecting of critically needed traffic control signs or devices.
EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
FACILITIES. Any tangible thing located in any right-of-way; but shall not include sidewalks and private driveway approaches regulated under §§ 96.001 through 96.011, 96.025 through 96.035, 96.050 through 96.057, 96.070 through 96.073, 96.085 through 96.089, 96.100 through 96.105, 96.120 through 96.126, 96.140 through 96.148, 96.160 through 96.166, 96.180 through 96.192, 96.205, 96.206 and 96.220, water sprinkler systems, invisible dog fences, mailboxes, boulevard plantings or gardens in the right-of-way.
IN. When used in conjunction with right-of-way, means over, above, in, within, on or under a right-of-way.
OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
PERMITTEE. Any person to whom a permit to construct, excavate or obstruct a right-of-way has been granted by the city.
PERSON. Any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing or any other legal entity.
PRIVILEGE. The legal entitlement of a person to use the right-of-way in the city for the purposes of carrying on its business. A PRIVILEGE for the purpose of this chapter does not include, and does not refer to, a license, permit or franchise. PRIVILEGE shall not include the use of the right-of-way for purposes not in furtherance of the furnishing of utility services.
PUBLIC UTILITIES COMMISSION. The State Public Utilities Commission or any successor organization thereto.
REGISTRANT. Any person who:
(1) Has or seeks to have its facilities located in any right-of-way; or
(2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or any facilities located in the right-of-way.
RESTORATION. The process by which a right-of-way is returned to a condition as good as or better than its condition before the construction.
RESTORATION FEE. An amount of money paid to the city by a permittee to cover the cost of restoration.
RIGHT-OF-WAY. The surface and space above and below any real property in which the city has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any section line right-of-way, public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park or any other place, area, or real property owned by or under the control of the city. RIGHT-OF-WAY includes the standard ten-foot utility easement platted in the front ten feet of platted lots or any easements acquired by the city through the platting process or any other acquisition.
RIGHT-OF-WAY BOND. A bond posted to ensure proper and complete construction and repair of a permitted facility pursuant to a permit.
SERVICE DROPS. Those segments of a utility system that connect the end user of that utility to the utility distribution system. These SERVICE DROPS are normally radial in nature and serve individual sites or structures.
SUPPLEMENTARY APPLICATION. An application made to construct, excavate or obstruct more of the right-of-way than was allowed in the permit, or to extend a permit that had already been issued.
UNDERGROUND FACILITIES. All lines, cables, conduits, posts, tanks and any other facilities owned or operated by persons other than the city which are located wholly or partially underneath right-of-way.
UTILITY. Any water, sewer, gas, drainage or culvert pipe and any electric power, telecommunication, signal, communication or cable television conduit, fiber, wire, cable or operator thereof, other than utilities operated by the city.
(1992 Code, § 35.5-2) (Ord. 55-99, passed 5-17-1999)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
(a) Registration and right-of-way occupancy. Each person who occupies, uses or seeks to occupy or use the right-of-way for any facilities located in the right-of-way, or who has or seeks to have facilities located in any right-of-way shall register annually with the city. Any person that currently maintains facilities in the right-of-way on the effective date of this chapter shall register pursuant to division (d) below with the city within 90 days of the effective date of this chapter. Any person whose facilities use the right-of-way to connect two or more facilities which are not part of a continuous utility system shall register prior to installation of the facilities, but are not required to file an annual registration.
(b) No construction without registration. No person may construct, install, repair, remove, relocate or perform any other work on or use any facilities or any part thereof located in any right-of-way without being registered with the city. Planting and maintaining vegetation in the right-of-way is exempt from the requirements of this section.
(c) Grant of privilege.
(1) Any person required to register under division (b) above, that furnishes utility services or that occupies, uses or places its facilities in the right-of-way, is hereby granted a privilege to do so as long as it complies with all other requirements of law.
(2) This division (c) does not apply to established franchise holders.
(3) The granting of the privilege is expressly conditioned on, and is subject to, continuing compliance with all provisions of law.
(d) Registration information.
(1) The information provided to the city at the time of registration shall include, but not be limited to:
A. The registrant’s name, address, telephone, e-mail address and facsimile number;
B. The name, address, telephone, e-mail address and facsimile number of a local representative who shall be available at all reasonable times;
C. Proof that the registrant has secured the insurance specified below. All insurance secured by the registrant under the provisions of this section shall be issued by insurance companies acceptable to the city. The insurance specified in this section may be in a policy or policies of insurance, primary or excess. Certificates of all required insurance shall be provided to the city.
1. Workers’ compensation insurance with statutory limits of the workers’ compensation laws of the state and Coverage B–Employer’s Liability–covering operations of the registrant. This shall include “other states insurance” so as to include all states not named on the “declarations” page of the insurance policy, but excepting monopolistic state fund states. The available limits for Coverage B–Employer’s Liability–shall be not less than $1,000,000 each accident, $1,000,000 disease–policy limits;
2. Commercial general liability insurance providing coverage not less than that of the standard commercial general liability insurance policy (“occurrence form”) for operations of the registrant. If the “occurrence form” is not available, “claims made” coverage shall be maintained for three years after completion of this agreement. The policy shall include contractual, personal injury, bodily injury and property damage liability coverages with total available limits not less than $1,000,000 per occurrence, not less than $2,000,000 general aggregate and $2,000,000 aggregate products and completed operations. This commercial general liability insurance policy shall name the city and its duly authorized representatives as an additional insured. The city shall be provided with a copy of the certificate and the policy endorsement prior to or upon execution of this agreement;
3. Automobile liability insurance covering all owned, non-owned and hired automobiles, trucks and trailers. The insurance shall provide coverage at least as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence;
4. Registrant will provide the city with at least 30 days written notice of an insurer’s intent to cancel or not renew any of the insurance coverages. Registrant agrees to hold the city harmless from any liability, including additional premium due because of registrant’s failure to maintain the coverage limits required; and
5. The city’s approval or acceptance of certificates of insurance does not constitute city assumption of responsibility for the validity of any insurance policies nor does the city represent that the above coverages and limits are adequate to protect any individual/group/business, its consultants’ or subcontractors’ interests and assumes no liability therefore.
D. Proof that the person is a corporation, including written evidence that it is authorized to do business in the state, as recorded and certified to by the Secretary of State; and
E. Proof that the registrant has posted the bonds required by this code.
(2) The registrant shall keep all of the information listed above current at all times by providing to the city information of changes within ten days following the date on which the registrant has knowledge of any change.
(e) Reporting obligations.
(1) A. Each registrant shall, by April 1 of each year, file a construction and major maintenance plan with the city. The plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of right-of-way.
B. The plan shall include, but not be limited to, the following information:
1. The general locations and the estimated beginning and ending dates of all planned construction projects to be commenced during the next calendar year; and
2. The tentative locations for all construction projects contemplated for the five years starting with the next calendar year. This information is not a public record and shall be governed by SDCL 9-34-19.
(2) Each registrant shall maintain the records of the locations of its facilities in the right-of-way within the city, and any other records as the city may reasonably require. Upon a showing of cause and upon reasonable notice the city may require a registrant to perform a record audit at its sole expense.
(3) Each registrant shall submit a monthly list of the status of its active permits.
(f) Unregistered facilities.
(1) Any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance.
(2) The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:
A. Abating the nuisance; or
B. Taking possession of the facilities, and/or restoring the right-of-way to a useable condition.
(g) Future uses. In permitting any facilities to be placed, in the right-of-way, the city is not liable for any damages caused thereby to any registrant’s facilities that are already in place.
(h) Abandoned and unused facilities. Any registrant who has abandoned facilities in any right-of-way that are interfering with construction or reconstruction projects shall remove them from that right-of-way when requested by the city.
(1992 Code, § 35.5-3) (Ord. 55-99, passed 5-17-1999)
(a) Permit requirement.
(1) Except as otherwise provided in this Code, no person may construct in any right-of-way without first having obtained a permit.
(2) A construction permit allows the holder to construct in that part of the right-of-way described in the permit and to hinder free and open passage in the specified portion of the right-of-way by placing facilities as described therein, to the extent and for the duration specified therein.
(b) Permit applications.
(1) No permit shall be issued unless the following information has been provided:
A. Evidence that the applicant is a registrant or is authorized to apply for a permit on behalf of a registrant;
B. Submission of a completed permit application in the form required by the city, including all required attachments, and dimensioned, dated drawings showing the location and area of the proposed project and the location of all existing and proposed facilities;
C. If the applicant is proposing to rebuild or install overhead facilities, the utility shall provide evidence that surplus space is not available on existing utility poles along the proposed route;
D. If the applicant is proposing an underground installation in existing ducts or conduits within the right-of-way, information in sufficient detail to identify:
1. The excess capacity currently available in the ducts or conduits before installation of applicant’s facilities; and
2. The excess capacity, if any, that will exist in the ducts or conduits after installation of applicant’s facilities.
E. If the applicant is proposing an underground installation within new ducts or conduits to be constructed in right-of-way:
1. The location, depth, size and quantity of proposed new ducts or conduits;
2. The excess capacity that will exist in the ducts or conduits after installation of applicant’s facilities;
F. A construction schedule and completion date; and
G. Payment of all money due to the city for:
1. Prior construction permits issued to applicant;
2. Any loss, damage or expense suffered by the city as a result of applicant’s prior construction in the right-of-way or any emergency actions taken by the city; and
3. Any franchise or license issued to the registrant whose facilities are being constructed.
(2) No permits for service drops or minor maintenance work of short duration or limited scope shall be issued unless:
A. Conditions of divisions (b)(1)A., (b)(1)F. and (b)(1)G. above are met; and
B. Street locations of service drops or minor maintenance work are transmitted or called into the city, noting if paved surface removal or street crossings are involved.
(c) Issuance of permit; conditions.
(1) Prior to issuance of any permit, excluding permits for service drops or minor maintenance work of short duration or limited scope, the applicant shall conduct, at its expense, a subsurface utility study on the proposed route of construction or extension. The study shall include the following tasks:
A. Secure all available “as-built” plans, plats and other location data indicating the existence and approximate location of all underground facilities along the proposed construction route;
B. Visibly survey and record the location and dimensions of any above-ground features of all underground facilities along the proposed construction route, including, but not limited to, manholes, valve boxes, utility boxes, posts and visible street cut repairs;
C. Plot and incorporate the data obtained from completion of the tasks described in divisions (c)(1)A. and (c)(1)B. above on the permittee’s proposed system route maps, and plan sheets. The permittee shall provide the city with this information.
(2) A permittee shall belong to the one call line location system.
(3) The city may impose reasonable conditions upon the issuance of the permit 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. Protective measures and devices will be employed which are consistent with the Uniform Manual of Traffic Control Devices.
(4) The requirements of this division (c) shall apply to new construction only if the construction is located outside the area designated by the city’s design standards.
(d) Permit fees.
(1) The city may require prior payment of permit fees.
(2) Permit fees paid for a permit that has been revoked are not refundable.
(e) Joint applications.
(1) Applicants who make joint application for construction permits, for which construction is not performed by the city, may share in the payment of the permit fee.
(2) Applicants who apply for permits for the same construction, which is not performed by the city, may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each will pay and so indicate on their applications.
(1992 Code, § 35.5-4) (Ord. 55-99, passed 5-17-1999)
(a) Location of facilities. The city may prohibit or limit the placement of new or additional facilities within the right-of-way if it determines there is insufficient space to accommodate the facilities. Factors to be considered in determining space availability include the public interest, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way and future city plans for public improvements and development projects which have been determined to be in the public interest.
(b) Least disruptive technology. Construction or maintenance of facilities shall use all reasonable means to lessen damage and disruption of the right-of-way. A permittee may not intrude into the right-of-way without a specific written finding by the city that the permittee will use methods to lessen disruption to the right-of-way.
(c) Special exceptions. The city may grant an exception to the requirements of divisions (a) and (b) above if the permittee, upon application, demonstrates with written evidence that:
(1) The exception will not create any threat to the public health, safety or welfare;
(2) The increased economic burden and the potential adverse impact on the permittee’s construction schedule resulting from the strict enforcement of the requirement actually or effectively prohibits the ability of the permittee to provide utility services in the city; and
(3) The requirement unreasonably discriminates against the permittee in favor of another person.
(d) Relocation of facilities.
(1) A registrant shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way whenever the city requests removal and relocation, and shall restore the right-of-way. The city may make the request only when the facilities interfere with:
A. A present or future city use of the right-of-way;
B. A public improvement or a development project in which the city has an interest or investment; or
C. The safety and convenience of ordinary travel over the right-of-way.
(2) Unless otherwise agreed by the city engineer, if, in the reasonable judgment of the city, a registrant fails to commence removal of its facilities within 30 days after the city’s removal order, or if a registrant fails to substantially complete the removal, including all associated repair of the right-of-way of the city, within 180 days thereafter, the city may:
A. Declare that all rights, title and interest to the facilities belong to the city with all rights of ownership, including, but not limited to, the right to connect and use the facilities or to effect a transfer of all rights, title, and interest in the facilities to another person for operation; or
B. Authorize removal of the facilities installed by a registrant on, over or under the right-of-way, at the registrant’s cost and expense, by another person; and
(3) Any portion of a registrant’s facilities on, over or under the right-of-way designated by the city for removal and not timely removed by a registrant shall belong to and become the property of the city without payment to the registrant and the registrant shall execute and deliver those documents, as the city shall request, in form and substance acceptable to the city, to evidence the ownership by the city.
(e) Right-of-way restoration.
(1) The work to be done under the permit, and the restoration of the right-of-way, must be completed within the dates specified in the permit, giving due regard to seasonal working conditions. In addition to its own work, the permittee must restore the general area of the work, including the paving and its foundations, to reasonably the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 12 months thereafter.
(2) In approving an application for a construction permit, the city may permit the permittee to restore the right-of-way or it may restore the right-of-way itself.
(3) If the city restores the right-of-way itself, the permittee shall pay the costs thereof within 30 days of billing. If, during the 24 months following the restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, the cost of repairing the pavement.
(4) If the city allows the permittee to restore the right-of-way, permittee shall at the time of application of a construction permit post a performance bond in an amount determined by the city to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 12 months (24 months for pavement) after completion of the restoration of the right-of-way, the city determines that the right-of-way has been properly restored, the surety on the performance bond shall be released. The bond may be in the form of an annual right-of-way bond covering all construction permits issued by the city during that year, or an irrevocable unconditional letter of credit.
(5) The permittee shall perform the work according to the standards and with the materials specified by the city. The city may prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis.
(6) By restoring the right-of-way itself, the permittee guarantees its work and shall maintain it for 12 months (24 months for trench settlement) following its completion. During this period, it shall, upon notification from the city, correct all restoration work to the extent necessary using the method required by the city. The work shall be completed within 30 calendar days of the receipt of the notice from the city.
(7) If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all repairs required by the city, the city, at its option, may do the work. The permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way.
(f) Damage to other facilities.
(1) When the city performs work in the right-of-way which requires maintaining, supporting or moving a registrant’s facilities to protect them, and the registrant does not perform the work, the costs associated therewith will be billed to the registrant and shall be paid within 30 days from the date of billing.
(2) Each registrant shall pay for repairing any facilities in the right-of-way which it or its facilities damage.
(g) Installation requirements. The excavation, backfilling, restoration and all other work performed in the right-of-way shall be done in conformance with city specifications.
(h) Inspection.
(1) The permittee shall notify the city in advance of the time the work under any permit hereunder is started.
(2) The permittee shall make the work site available to the city for inspection at all reasonable times during the execution and upon completion of the work.
(3) At the time of inspection, the city may order the immediate cessation of any work which threatens the life, health, safety or well-being of the public.
(4) The city may issue an order to the permittee for any work which does not conform to the applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within five days after issuance of the order, the registrant shall present proof to the city engineer that the violation has been corrected. If the proof has not been presented within the required time, the city engineer may revoke the permit pursuant to § 96.240(c).
(i) Other obligations. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses and authority and to pay all fees required by any other city, county, state or federal rules, laws or regulations.
(1) A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who performs the work.
(2) Except in the case of an emergency, or with the approval of the city, no right-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for the work.
(3) 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.
(4) Any permittee shall contact all abutting property owners to identify any existing private facilities in the right-of-way, including, but not limited to sprinklers and other utility lines.
(1992 Code, § 35.5-5) (Ord. 55-99, passed 5-17-1999)
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