For purposes of this article, the following words and phrases shall have the meaning given herein:
“Abandoned Facilities” means above-grade Facilities owned by a ROW-user that remain unused for six (6) months or below-grade Facilities owned by a ROW-user that remain unused for two (2) years.
“Applicant” means any Person requesting permission to occupy, lease or operate Facilities using the Right-of-way, or to Excavate any area within the Right-of-way.
“City” means the City of Newton, Kansas, a municipal corporation and any authorized representative.
“City Engineer” means the City Engineer of the City of Newton, Kansas, or any authorized representative. The City Engineer may delegate any or all of the duties within this Ordinance.
“Construct” means and includes install, erect, build, affix or otherwise place any fixed structure or object, in, on, under, through or above the Right-of-way.
“Day” means calendar Day unless otherwise specified.
“Driveway Approach” means any improved surface connecting private property to a public street.
“Emergency” means a condition that (a) poses a clear and immediate danger to life or health or of a significant loss of property; or (b) requires immediate Repair or replacement in order to restore service to a user.
“Excavate” means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth in the Right-of-way.
“FCC” means Federal Communications Commission.
“Facility” or “Facilities” means lines, pipes, irrigation systems, wires, cables, conduit Facilities, ducts, poles, towers, vaults, pedestals, boxes, appliances, antennae, transmitters, gates, meters, appurtenances, wireless communications Facilities or other equipment.
“Governing Body” means the City Commission of the City of Newton, Kansas.
“Governmental Entity” means any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi-municipal corporation or political subdivision of the State of Kansas or of any other state of the United States and any agency or instrumentality of the State of Kansas or of any other state of the United States.
“KCC” means the Kansas Corporation Commission.
“Minor Street Privilege” means any authorized or permitted private right in, on, under, or over public streets, alleys, or ways, separate and distinct from the general public use of streets, alleys, and ways. As used in this article, the term shall not apply to the approved short-time use of public space in connection with building construction, nor shall it apply to a public utility operating under a franchise granted by the City. Minor Street Privilege shall include the installation of break-away mailbox supports approved by the postmaster general. Mailbox supports can be buried no more than twenty-four (24) inches, and cannot be larger than four (4) inches by four (4) inches if made of wood, or have a diameter of more than two (2) inches if made of standard steel or aluminum pipe. All mailbox supports should break away if struck by a vehicle, and the mailbox should be securely attached to the support to prevent separation from the support if struck.
“Pavement” means and includes cement concrete Pavement, asphalt concrete Pavement, asphalt treated road surfaces or any aggregate material.
“Permit Fee” means the fee charged by the City to recover its cost incurred for Right-of-way management, including, but not limited to, administrative costs associated with assisting applicants; issuing, processing, and verifying Right-of-way Permit applications; inspecting job sites and Restoration of improvements; determining the adequacy of Right-of-way Restoration; revoking Right-of-way Permits; and other costs the City may incur in managing the provisions of this article.
“Permittee” means any Person to whom a Right-of-way Permit is issued to perform excavation or work regulated by this article in a Right-of-way.
“Person” means any natural or corporate Person, business association or 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.
“Public Improvement” means any project undertaken by the City for the construction, reconstruction, maintenance, or Repair of any public infrastructure, and including without limitation, Streets, alleys, bridges, bikeways, Sidestrips, sidewalks, sewers, drainage Facilities, traffic control devices, Street lights, public Facilities, public buildings or Public Lands.
“Public Lands” means any real property owned or leased by the City that is not Right-of-way.
“Repair” means the temporary construction work necessary to make the Right-of-way useable.
“Repair and Restoration Costs” means those costs associated with Repairing or restoring the public Right-of-way because of damage caused by the ROW-user or its contractors or subcontractors in the Right-of-way.
“Restoration” means the process by which an excavated Right-of-way and surrounding area, including Pavement and foundation, is returned to the same condition, or better, that existed before the commencement of the work.
“Right-of-way” means the area of real property in which the City has a dedicated or acquired Right-of-way interest in the real property. It shall include the area on, below, or above the present and future Streets, alleys, avenues, roads, highways, or boulevards dedicated or acquired as Right-of-way. The term does not include property owned or held by the City but not typically considered Right-of-way.
“Right-of-way Permit” or “Permit” means the authorization to perform any work, action or excavation regulated by this article within a Right-of-way.
“Routine Service Operation” means a work activity that does not require excavation with mechanical equipment and that makes no material change to the Facilities; is performed on existing Facilities to ensure the safe, continued operation of the system; and does not disrupt traffic.
“ROW-user” means a Person, its successors and assigns, that uses the Right-of-way for purposes of work; excavation; provision of services, whether public or private; or to install, Construct, maintain, Repair Facilities thereon, but shall not include ordinary vehicular or pedestrian traffic or any Governmental Entity that has entered into an agreement with the City regarding the use and occupancy of the City’s Right-of-way.
“Sidestrip” means the area between a property line and the Street curb, sometimes called boulevard, parkway, tree-shelf or snow-shelf.
“Street” means curb and gutter, Pavement and sub-grade of a City residential, collector or arterial roadway.
(Code 1975, Sec. 20-201; Ord. 4952-17)
The City Engineer is the principal City official for administration of Right-of-way Permits for work and excavations made in the Right-of-way. All work done under the Permits issued in compliance with this Article shall be done under the direction and supervision of the City Engineer. The City Engineer is authorized to make such rules, regulations and specifications with respect to permitting, materials, design standards and method of construction regarding projects subject to this Article. The City Engineer may delegate any or all the duties hereunder.
(Ord. 3596; Ord. 4667-08; Ord. 4952-17)
All ROW-users must conform their activities to the requirements established by the City Engineer.
(Code 1975, Sec. 20-203; Ord. 4952-17)
Restoration of public infrastructure, including without limitation, sidewalks, handicap ramps, and Pavement, shall conform to the requirements of the Americans with Disabilities Act (ADA), as set forth in the “ADAAG Manual, Americans with Disabilities Act Accessibility Guidelines,” developed by the U.S. Architectural and Transportation Barriers Compliance Board (The U.S. Access Board), latest edition. The Permittee is responsible for work beyond the Permittee’s work zone that may be necessary to meet ADA requirements in the Permittee’s work zone.
(Code 1975, Sec. 20-204; Ord. 4667-08; Ord. 4952-17)
No Person shall Construct, maintain, or permit in or on the portion of the public Right-of-way to which such land is adjacent, any fixed structure, material or object without having obtained a Right-of-way Permit from the City. Except as otherwise provided, no ROW-user may Excavate any Right-of-way or conduct any Repair, construction, or reconstruction of Facilities located within the Right-of-way without first having obtained a Right-of-way Permit from the City. This requirement shall not apply to:
(a) Contractors and City employees working on the construction or reconstruction of Public Improvements on behalf of the City.
(b) ROW-users performing Routine Service Operations as defined herein.
(c) Improvements installed and maintained pursuant to a Minor Street Privilege granted by City Ordinance.
(d) Maintenance performed on Street light fixtures or lamps which does not materially alter, add to, or take away from the structure and operations of existing Facilities.
(Code 1975, Sec. 20-205; Ord. 4667-08; Ord. 4952-17)
As described herein, an Emergency situation shall not exempt ROW-users from obtaining a Right-of-way Permit for applicable work activities. If, due to an Emergency, it is necessary for the ROW-user to immediately perform work in the Right-of-way and it is impractical for the ROW-user to first get the appropriate Permit, the work may be performed and the required Permit shall be obtained as soon as possible.
(Ord. 3617; Ord. 4667-08; Ord. 4931-16; Ord.4935-17; Ord. 4952-17)
Right-of-way Permits issued by the City shall be available at all times at the worksite for inspection by the City Engineer, City employees and the public. Prior to the commencement of excavation, the Permittee shall identify and locate any buried Facilities to be spray painted according to the Uniform Color Code required by Kansas One Call. At the discretion of the City Engineer, the Permittee may be required to provide advance notice to the occupants of all properties within two hundred feet (200’) of the excavation with as much advanced notice as required by the City Engineer. Door hangers shall be sufficient to satisfy such notification requirement.
If vehicle or pedestrian traffic is affected, it shall be the responsibility of the Permittee to notify the Newton Police Department and Newton Fire/EMS of the schedule and location of such excavation prior to the commencement of such excavation.
The ROW-user shall participate in any joint planning, construction and advance notification of Right-of-way work, including coordination and consolidation of Street-cut work as directed by the City Engineer. In addition, the ROW-user shall cooperate with other ROW-users and the City for the best, most efficient, most aesthetic and least obtrusive use of the Right-of-way, consistent with safety, and to minimize traffic and other disruptions, including Street cuts.
(Ord. 4952-17)
Except in the case of Emergency work, any ROW-user who is found to be working in the public Right-of-way without a Permit will be ordered to stop work until a Permit is acquired and properly made available for inspection at the worksite.
Any Permittee found to be working without providing for required safety and traffic control will be ordered to stop work until the appropriate measures are implemented.
Except as provided for in an Emergency situation, a ROW-user found to have worked or be working in the Right-of-way without having obtained a Permit shall pay a fee double the amount of any applicable established fee. The City shall also charge and collect any necessary Repair and Restoration Costs to the ROW-user.
(Ord. 4952-17)
Application for a Right-of-way Permit shall be submitted to the City Engineer by the ROW-user.
Right-of-way Permit applications shall contain and be considered complete only upon receipt of the following:
(a) A completed Permit application form, including all required attachments and drawings showing the location and area of the proposed project and the location of all existing and proposed Facilities at such location; and
(b) Payment of all money due to the City for Permit Fees and costs, including any such fees and costs due and unpaid from the Applicant for prior excavation costs, for any loss, damage or expense suffered by the City because of the Applicant’s prior excavations of the Right-of-way or for any Emergency actions taken by the City, unless the payment of such money is in dispute and timely appealed as provided hereafter.
The following information shall be provided when requested by the City Engineer:
(c) Proof of any necessary insurance, Permit, license, certification, grant, registration, franchise agreement or any other authorization required by any appropriate Governmental Entity, including, but not limited to, the FCC or the KCC.
(d) Information sufficient to determine whether the ROW-user is subject to franchising by Kansas law.
(e) Information sufficient to determine whether the ROW-user has applied for and received any certificate of authority required by the KCC or other Governmental Entity.
(f) Information sufficient to determine that the ROW-user has applied for and received any Permit or other approvals required by the FCC.
(g) Traffic control plans, surveys, or such other information as may be reasonably required by the City to complete the permitting process and assess the risk to the public or the Right-of-way by reason of the ROW-user’s proposed activities.
(h) Completed Performance Bond as approved by the City Engineer.
(Ord. 4952-17)
All fees are non-refundable, but shall be subject to all state and federal fee limitations. The Right-of-way Fee shall be waived:
(a) When the ROW-user is required to remove, relocate or adjust Facilities located in the Right-of-way at the direction of the City to facilitate a Public Improvement; or
(b) When required by the City for reasons of public health, safety or welfare.
(c) When such fees are prohibited from being imposed by the conditions set forth in a controlling franchise agreement.
(Ord. 4952-17)
If the City Engineer determines that the Applicant has satisfied the requirements of this article, the City Engineer shall issue a Right-of-way Permit. The City Engineer may impose reasonable conditions upon the issuance of a Right-of-way Permit and the performance of the Permittee to protect the public health, safety or 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; any such conditions shall be in writing upon or attached to the Permit.
(Ord. 4952-17)
The City Engineer may deny a Permit or prohibit the use or occupancy of a specific portion of the Right-of-way to protect the public health, safety or 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. The City Engineer may consider all relevant factors including but not limited to:
(a) The availability of the Right-of-way space where the Permit is sought;
(b) The competing demands for the particular space in the Right-of-way;
(c) The availability of other portions of the Right-of-way or in other Right-of-way for the Facilities of the Applicant;
(d) The applicability of any ordinance or other regulations, including City zoning regulations, that affect location of or other standards for Facilities in the Right-of-way;
(e) The degree of compliance by the Applicant with the terms and conditions of its franchise, this article, or other applicable ordinances and regulations;
(f) The degree of disruption to surrounding residents, communities and businesses that will result from the use of that part of the Right-of-way;
(g) Balancing the costs of disruption to the public and damage to the Right-of-way, with the benefits to that part of the public served by the construction in the Right-of-way;
(h) Whether the issuance of a Right-of-way Permit for the particular dates or time requested would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. In exercising this discretion, the City Engineer shall be guided by the safety and convenience of anticipated travel of the public over the Right-of-way; and
(i) The adverse impact of the Facilities or Facilities’ proposed location on any reasonable public interest necessitated by public health, safety, or welfare.
Notwithstanding the foregoing, the City Engineer may exercise discretion in issuing a Right-of-way Permit in any case where the Permit is necessary to:
(j) Prevent substantial economic hardship to a user of the ROW-user’s service; or
(k) Allow the ROW-user to materially improve the service provided by the ROW-user.
The City Engineer shall not issue a Right-of-way Permit for encroachments in the Right-of-way for private purposes that create a safety hazard or would be deemed a nuisance pursuant to the City Code.
Any denial of a wireless communications antenna, tower, or related Facilities shall, in accordance with federal and state law, be made in writing, and be supported by substantial evidence contained in the written record issued contemporaneously with said decision.
(Ord. 4952-17)
Permittees hold Right-of-way Permits issued pursuant to this article as a privilege and not as a right. The City reserves the right, as provided herein, to revoke any Right-of-way Permit without refund of any Fee in the event of a substantial breach of the terms and conditions of this article or the Right-of-way Permit. A substantial breach shall include, but not be limited to the following:
(a) The violation of any material provision of the Right-of-way Permit;
(b) 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;
(c) Any material misrepresentation of any fact in the Permit application;
(d) The failure to complete the work in a timely manner;
(e) The failure to correct a condition indicated on an order issued pursuant to this article;
(f) Traffic control violations; or
(g) Failure to Repair Facilities damaged in the Right-of-way.
If the City Engineer determines that the Permittee has committed a substantial breach of any law or condition placed on the Right-of-way Permit, the City Engineer shall make a written demand upon the Permittee to remedy such violation. The demand shall state that failure to remedy a violation may be cause for revocation of the Permit or legal action. Further, a material breach will allow the City Engineer to place additional or revised conditions on the Right-of-way Permit, specifically related to the manner in which the breach is cured by the Permittee. Within five (5) Days of receiving notification of a substantial breach, the Permittee shall contact the City Engineer with a plan acceptable to the City Engineer, for correction of the breach. Permittee’s failure to contact the City Engineer, Permittee’s failure to submit an acceptable plan, or Permittee’s failure to reasonably implement the approved plan shall be cause for immediate revocation of the Right-of-way Permit.
If a Right-of-way Permit is revoked, the Permittee shall also reimburse the City for the City’s reasonable costs, including administrative costs, Restoration costs and the costs of collection and reasonable attorney’s fees incurred in connection with such revocation.
Nothing in this section shall limit the right of the City Engineer to revoke a Permit issued hereunder, with or without notice to the Permittee, in the event the City Engineer finds that acts or omissions of the Permittee pose a substantial and immediate danger to the public.
(Ord. 4952-17)
ROW-Users are required to provide detailed maps of their Facilities located in the Right-of-way to the City upon request.
(Ord. 4952-17)
The Permittee shall identify and locate any underground Facilities in conformance with the Kansas Underground Utility Damage Prevention Act “Kansas One Call” system, and notice shall be provided directly to the City of Newton Department of Public Works and all applicable utility entities.
The Permittee shall be liable for any damages to underground Facilities due to excavation work prior to obtaining location of such Facilities, or for any damage to underground Facilities that have been properly identified prior to excavation. The Permittee shall not make or attempt to make Repairs, relocation or replacement of damaged or disturbed underground Facilities without the approval of the owner of the Facilities.
All Facilities and other appurtenances laid, constructed and maintained by the Permittee shall be laid, constructed and maintained in accordance with acceptable engineering practices and in full accord with any and all applicable engineering codes adopted or approved by the City and in accordance with applicable statutes of the State of Kansas, as well as the rules and regulations of the KCC and any other local, state, or federal agency having jurisdiction.
(Ord. 4952-17)
The ROW-user’s presence in the Right-of-way shall, in all matters, be subordinate to the City’s use or occupation of the Right-of-way. The City may reserve sufficient space within the Right-of-way for future Public Improvements. Without limitation of its rights, the City expressly reserves the right to exercise any and all governmental powers now or hereafter vested in or granted to the City.
ROW-users shall coordinate the placement of Facilities in a manner that does not interfere with any Public Improvement and does not compromise the public health, safety, or welfare, as reasonably determined by the City. Where placement is not regulated, the Facilities shall be placed with adequate clearance from such Public Improvement so as not to impact or be impacted by such Public Improvement.
(Ord. 4952-17)
It shall be the responsibility of each ROW-user to take adequate measures to protect and defend its Facilities in the Right-of-way from harm and damage. The City shall not be liable for any damage to or loss of any of the ROW-user’s Facilities within the Right-of-way as a result of or in connection with any construction, excavation, grading, filling or work of any kind, including Public Improvements by or on the behalf of the City, except to the extent caused by the negligent acts or omissions of the City.
ROW-users shall be responsible to the City and its agents, representatives, and authorized contractors for all damages incurred including, but not limited to delay damages, Repair costs, down time, construction delays, penalties or other expenses of any kind arising out of the failure of the ROW-user to timely perform any of its obligations under this article to the extent caused by the acts or omissions of the ROW-user.
Whenever a ROW-user shall Excavate any Street, sidewalk, alley, driveway approach or other Right-of-way, it shall be the ROW-user’s duty to maintain an adequate passage for vehicles and pedestrians across or around the excavation until it is filled and Repairs are completed as provided by the Permit or this article.
Any Excavation left open overnight with the Right-of-way shall be protected and secured. The Permittee assumes the sole responsibility for maintaining proper barricades, plates, safety fencing or lights as required from the time of opening of the excavation until the excavation is surfaced and opened for travel.
(Ord. 4952-17)
Upon the appropriate request of any Person having satisfied City procedure and ordinances, ROW-users shall remove, raise, or lower their Facilities temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering shall be paid by the Person requesting the same, and the ROW-user may require such payment in advance.
(Ord. 4952-17)
The City Engineer may cause to be removed any encroachment in the Right-of-way that creates a hazard to the public health, safety, or welfare, and the cost of such removal and Restoration of the Right-of-way shall be borne by the ROW-user.
(Ord. 4952-17)
A ROW-user owning Abandoned Facilities in the Right-of-way is required to:
(a) Remove its Facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The City Engineer may allow underground Facilities or portions thereof to remain in place if the City Engineer determines that it is in the best interest of public health, safety, or welfare to do so. At such time, the City may take ownership and responsibility of such vacated Facilities left in place; or
(b) Submit to the City a proposal and instruments for transferring ownership of its Facilities to the City. If the ROW-user proceeds under this section, the City may, at its option, purchase the equipment, require the ROW-user, at its own expense to remove it, or require the ROW-user to post a bond in an amount sufficient to reimburse the City for reasonable anticipated costs to be incurred to remove the Facilities.
Facilities of a ROW-user who fails to comply with this section, and whose above-grade Facilities remain unused for six (6) months or below-grade Facilities for two (2) years, shall be deemed to be abandoned unless, after the City has made a good faith effort to contact such ROW-user, the City receives confirmation that the ROW-user intends to use the Facilities. Abandoned Facilities are deemed to be a nuisance. The City may exercise any or all remedies or rights it has by law or in equity, including, but not limited to, (i) abating the nuisance, (ii) taking possession and ownership of the Facility and restoring it to a useable function, or (iii) requiring the removal of the Facility by the ROW-user.
(Ord. 4952-17)
Except as provided hereafter, the ROW-user shall not sell, transfer, lease, assign, sublet or dispose of its Facilities, or any portion thereof, that is located in City Right-of-way, or any right, title or interest in the same, or transfer any rights granted by the City to any other Person either by forced sale or by ordinary sale, consolidation or otherwise, without notice to the City. No notice to the City shall be required for a transfer in trust, mortgage, or other similar instrument, in whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation, partnership, or other entity controlling, controlled by or under common control with the ROW-user.
(Ord. 4952-17)
Whenever a ROW-user shall deem itself aggrieved by any decision or action taken by the City, such ROW-user may file an appeal to the City Manager within ten (10) Days of the date of notice of such decision or action; provided, this section shall not apply to any Person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6).
The appellant shall be afforded a hearing on the matter before the Governing Body within thirty (30) Days of filing the appeal. In cases of applicability or interpretation of the rules, the Governing Body may revoke such decision or action taken by the City. In cases where compliance with such decision or action taken by the City would cause undue hardship, the Governing Body may extend the time limit of such decision or action, or may grant exceptions to, or waive requirements of, or grant a variance from the specific provisions of rules. The Governing Body shall give due consideration to the purposes of the rules in preserving public safety and convenience, integrity of public infrastructure, and the operational safety and function of the public Right-of-way.
Pending a decision of the Governing Body, the order of the City Engineer shall be stayed, unless the City Engineer determines that such action will pose a threat to public safety or the integrity of the public infrastructure.
If a ROW-user deems itself aggrieved after the appeal to the Governing Body, such ROW-user may, within thirty (30) Days after the effective date of the Governing Body’s final decision, commence an action in a court of competent jurisdiction.
(Ord. 4952-17)
Additional requirements applicable to curb cutting for Driveway Approaches shall be as follows:
(a) Any Person desiring to cut or remove any curb or desiring to construct a Driveway Approach, shall first make application for and receive a Permit. Such application shall be in writing and be made upon a form as supplied at the office of the City Engineer. Such application shall contain information showing the location, grade and dimensions of the curb cut proposed and shall show the type of construction, location and width of the Driveway Approach desired. If the application is approved by the City Engineer, a Curb Cut Permit shall be issued.
(b) It shall be the duty of any Person, having a Curb Cut Permit to construct or reconstruct any Driveway Approach in accordance with the plans and specifications, within six (6) months after the date of issuance of such Permit. No Driveway Approach shall block or impede the free flow of water along the gutter or drainage ditch and no such Driveway Approach shall be constructed above the grade level or drainage course.
(c) Any Driveway Approach hereinafter constructed that abuts a drainage ditch or an unimproved street shall have a culvert pipe installed of such size and design as shall be determined by the City Engineer, the cost and installation of such culvert pipe to be at the owner’s expense.
(d) When the scope of the work is limited to the cutting or removal of a curb to construct a Driveway Approach, the Applicant shall be assessed a Curb Cut Fee, but shall not be assessed a Right of Way fee as an additional cost.
(Ord. 4952-17)
This article shall be construed in a manner consistent with all applicable federal, state, and local laws. Notwithstanding any other provisions of this article to the contrary, the construction, operation and maintenance of the ROW-user’s Facilities shall be in accordance with all laws and regulations of the United States, the state and any political subdivision thereof, or any administrative agency thereof, having jurisdiction. In addition, the ROW-user shall meet or exceed the most stringent technical standards set by regulatory bodies, including the City, now or hereafter having jurisdiction. The ROW-user’s rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety, or welfare of the public. The ROW-user shall comply with all applicable laws and ordinances enacted pursuant to that power.
(Ord. 4952-17)
Nothing in this Article will be so construed as to prohibit the backfill of excavations, repair and replacement of surfaces in the performance of street, sewer and waterline and other improvement projects under the direction of the City Engineer.
(Ord. 4952-17)
Any violation of the provisions of this Article shall be punishable as a Class C violation under the Uniform Public Offense Code as adopted by the City. Every Day that this article is violated shall constitute a separate offense.
The violation of any provision of this article is hereby deemed to be grounds for revocation of any Right-of-way Permit and license to operate with the City. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this article. In addition to any other remedies, the City may maintain an injunction, mandamus or other appropriate action or proceeding to prevent violation of this article.
(Ord. 4952-17)
(a) Curb Cut/Driveway Approach Fee. The Permit holder under the provisions of this Article shall pay the City a Curb Cut/Drive Approach Fee of $45.00 before the issuance of a Curb Cut/Drive Approach Permit.
(b) Right-of Way Fee. The Permit holder under the provisions of this Article shall pay the City a Right-of-way fee of $0.15 per linear foot of each undivided segment of Right-of-way in which work will be performed, with an established minimum fee of $75.00. A separate fee is required for each additional segment of undivided linear feet.
(c) Temporary Obstruction Fee. Except in the instance of performing work associated with an Emergency, any Person obstructing any portion of a street, alley, sidewalk or Sidestrip must obtain a Permit and submit a temporary obstruction fee in accordance with the following schedule in any instance in which the ROW is obstructed:
(1) Sidewalk/Sidestrip: $0.05 per square foot per day ($20 minimum)
(2) Parking Lane: $0.10 per square foot per day ($20 minimum)
(3) Traffic Lane or Alley: $0.20 per square foot per day ($20 minimum)
However, no fee shall be charged for the obstruction of a sidewalk, Sidestrip, parking lane, traffic lane, or alley, when the obstruction is for a duration of two (2) hours or less. Further, the City Engineer is authorized to waive any portion of the temporary obstruction fee when in the interest of the public health, safety and welfare.
(Ord. 4952-17)
All costs and expenses for pavement, curb and gutters and sidewalk cuts and excavations shall be the responsibility of the permit holder. All backfilling of excavations and repair or replacement of pavement, curb and gutters and sidewalks permitted under this Article shall be carried out by the City’s street division.
(a) Additional Fees. The permit holder under the provisions of this Article shall pay the City the following additional sum for the repair or replacement of pavement, curb and gutters and sidewalks and backfilling the same:
(1) Sidewalk. For each square foot- $5.10 (minimum charge: one square yard or each entire section or square of walk cut, whichever is larger);
(2) Curb and Gutter. For each linear foot or fraction thereof of concrete curb and gutter - $21.60;
(3) Paved Streets and Alleys. For each square foot or fraction thereof of pavement - $10.80 (minimum charge: $20.00);
(4) Unpaved Streets and Alleys. For each square foot or fraction thereof of unpaved street or alley - $7.20 (minimum charge: $10.00);
(5) Bar Holes. Test holes not exceeding six (6) inches in diameter per hole - $9.60;
(6) The above rates shall apply to all excavations of six (6) feet or less in depth. An additional sum of $1.00 per square foot for each additional foot of excavation depth, below six (6) feet, shall be charged.
(7) Such sums shall cover the cost of the backfill, removal of surplus material and replacement of pavement, curb and gutter and sidewalk. Additional charges shall be made for materials used to cover unpaved streets and alleys. The area to be backfilled or the area to be repaired or replaced shall be determined by the City Engineer.
(b) Public Utilities. In the construction of improvements by public utility companies involving backfill and paving, curb and gutter, and sidewalk repair operations, the backfilling and repair shall be performed by the City. This subsection shall not prohibit the backfilling of utilities within the Right-of-way as needed to protect people and property, with the approval of the City Engineer.
(c) Excavation Within Four (4) Feet of Existing Improvement. Any excavation in any street, alley, easement or parking area which is less than four (4) feet from any existing pavement, curb and gutter, or sidewalk shall be backfilled with the excavated materials, dampened and thoroughly tamped in six (6) inch layers until its compaction is equal to one hundred (100) percent of that of the undisturbed soil adjacent, or it shall be backfilled with sand which shall be flushed into place with water to within six (6) inches of the surface and the rest of the backfill shall be made of excavated material securely tamped and left flush with the surface. In a sodded area, the sod shall be carefully removed, then reset immediately upon completion of the work.
(d) Extra Excavation of Pavement Beyond Edges of Dirt Foundations. The pavement portion of all street pavement cuts shall be excavated for a minimum distance of one (1) foot beyond the edges of the dirt excavation, except that when one side of the pavement cut touches a gutter, the gutter pavement shall not be excavated. Such excavation of pavement shall be done by use of a pavement saw, and only after the dirt excavation has been backfilled. The dimensions of a pavement cut as given on the permit shall include the extra excavation of pavement beyond the edges of the dirt excavation. All material and workmanship shall conform with specifications of the City Engineer.
(e) Excavation of Unimproved Street or Alley. All excavations in any used or traveled portion of any unimproved street or alley, except as provided in the preceding section, may be backfilled with the excavated material; provided, that it shall be compacted by mechanical tamper in six (6) inch layers and all surplus material shall be trimmed and removed from the line of the ditch.
(f) Duty of Persons Making Excavation. It shall be the duty of any person making an excavation in any of the unimproved streets, alleys or other public grounds of the City to backfill and maintain all trenches or ditches in a safe condition for the traveling public until the excavated material has reached final settlement.
(Ord. 4952-17)