Columbia Permit conditions ordinance (§ 24-169)

The following conditions shall apply to all ROW work permits issued under this article, unless specifically stated otherwise in the permit, and all work in the rights-of-way by an ROW-user:

(1) City specifications; applicable codes. All restoration of city ROW caused by excavations and facilities maintenance shall comply with the city standard specifications as may be amended from time to time by the authority of the director establishing such specifications and procedures consistent with the

requirements and purposes of this chapter. A ROW-user shall perform all excavations or facilities maintenance in full compliance with all applicable engineering codes adopted or approved by the city and in accordance with applicable statutes of the State of Missouri, and the rules and regulations of the PSC and any other local, state or federal agency having jurisdiction over the parties. A ROW-user shall be responsible for all excavations or facilities maintenance done in the rights-of-way, regardless of by whom the excavation or facilities maintenance is performed.

(2) Permit-specific conditions. Each ROW work permit shall be deemed to incorporate the provisions of this article as permit conditions. The director may also impose additional reasonable conditions upon the issuance of a ROW work permit and the performance of the ROW-user in order to protect the public health, safety and welfare, to ensure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, and to minimize the disruption and inconvenience to the traveling public. Such reasonable conditions may include, but are not limited to:

a. The amount of excavation or facilities maintenance which may occur at one time and the amount of rights-of-way which may be obstructed during construction;

b. The number or size of conduits or other facilities that may be installed by each ROW-user based on the reasonable needs to ensure that no one ROW-user may unreasonably consume a disproportionate amount of the available rights-of-way to deter competition or deprive the public or others of the reasonable use of the rights-of-way;

c. Posting of an additional or larger performance and maintenance bond for additional facilities, except as otherwise provided in section 24-174 hereof, when the established amount is reasonably determined to be insufficient;

d. The design, location, and nature of all facilities based on nondiscriminatory basis in ensuring the safe, efficient and appropriate use of the ROW consistent with this article and applicable law;

e. Reasonable conditions to effectively manage erosion and sediment control; and

f. Other reasonable conditions regarding the timing, safety precautions, or specific implementation of the specific work proposed.

(3) Responsible for costs. A ROW-user shall be responsible for all reasonable costs borne by the city that are directly associated with a ROW-user's ROW work permit or use of the rights-of-way thereunder.

(4) Stop work orders. Except in cases of an emergency or with approval of the director, no excavation or facilities maintenance may be done in violation of a stop work order issued by the director if, in the director's determination, conditions are unreasonable for such excavation or facilities maintenance based on standard engineering and construction practices.

(5) No Interference with right-of-way uses. A ROW-user shall not disrupt rights-of-way such that the natural free and clear passage of water through the gutters or other waterways is interfered with. No person may park private vehicles within or next to the facilities maintenance or excavation area, except for such areas which may be designated and marked as safe areas for vehicle parking in accordance with an approved traffic control plan.

(6) Responsible for subcontractors. If excavation or facilities maintenance is being done for the ROW- user by another person, a subcontractor or otherwise, the ROW-user shall be responsible for ensuring that the excavation or facilities maintenance performed by said person is consistent with ROW-user's permit and applicable law and ROW-user shall be responsible for promptly correcting acts or omissions by said person.

(7) Minimum impact required; no interference. The ROW-user shall, in the performance of any excavation or facilities maintenance required for the installation, repair, maintenance, relocation and/or removal of any of its facilities, limit all excavations or facilities maintenance to that necessary for efficient operation and so as not to interfere with other users of the rights-of-way.

(8) Open excavations; street-plate bridging. The ROW-user shall not permit an excavation to remain open or facilities maintenance actions to continue in the rights-of-way longer than is necessary to complete the repair or installation or action, and in no event may an excavation or facilities maintenance remain open or continue beyond the expiration of the ROW work permit or any approved extension. Any excavation left open overnight on any thoroughfare or collector type street shall be securely covered. Unless otherwise approved by the director in writing, all excavations shall be filled in or covered at the end of each working day. The ROW-user assumes the sole responsibility for maintaining proper barricades, plates, safety fencing and/or lights as required from the time of opening of the excavation until the excavation is surfaced and opened for travel. Street plate bridging

(SPB) to cover open excavations shall be authorized subject to requirements contained in the standard specifications.

(9) Barricades and safety devices. All excavations and facilities maintenance shall be barricaded in such a manner as to protect both pedestrians and vehicular traffic. Such excavations, facilities maintenance and barricades shall be lighted at night with danger signals in such a manner that all traffic may be warned of the existence and location of such excavations, facilities maintenance and barricades. All traffic control devices shall be in compliance with the current version of the Standard Specifications and the Manual of Traffic Control Devices (MUTCD), unless otherwise agreed to by the city. All surplus excavation materials, tools or supplies at the site of the excavation or facilities maintenance shall be barricaded and lighted at night in the manner described in this section. No open excavation may be left in the pavement area without placing street plates over the opening.

(10) Traffic control. Whenever there is an excavation or facilities maintenance by the ROW-user, the ROW- user shall be responsible for providing adequate traffic control to the surrounding area as determined by the director. In the event the excavation or facilities maintenance is not completed in a reasonable period of time, the ROW-user may be liable for actual damages to the city for delay caused by the ROW-user pursuant to this article.

(11) Hours of activity. Non-emergency excavations or facilities maintenance on arterial and collector streets may not be performed during the hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m., in order to minimize disruption of traffic flow. The ROW-user shall perform non-emergency excavations or facilities maintenance on the rights-of-way at such times that will allow the least

interference with the normal flow of traffic and the peace and quiet of the neighborhood, and work shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Mondays through Fridays and 9:00 a.m. to 5:00 p.m. on Saturdays; no such work shall performed on Sundays unless approved by the director.

(12) Location of facilities; undergrounding.

a. All underground mains and service lines with ancillary appurtenances thereto shall, wherever available, be placed in utility easements adjacent to the rights-of-way. If a utility easement or space within a utility easement is not available, whenever practicable, underground mains and service lines with ancillary appurtenances thereto shall be placed between the curb or pavement edge and sidewalk line in the section of the street known as the parkway. Where the pavement and sidewalk occupy the entire street, the underground utilities shall be located under the sidewalk, unless otherwise directed by the city.

b. Except as provided herein, all facilities constructed after the date of this article shall be placed underground. Facilities may be located aboveground if approved by the director for good cause or as may otherwise be specifically authorized in a franchise or ROW agreement consistent with law. Aboveground facilities may be installed if approved by the director where alternative underground facilities are not technically or economically feasible, or where the imposition of such additional costs of undergrounding on the ROW-user are precluded by applicable law.

(13) Additional requirements for excavation activities. In addition to the permitting and construction requirements contained in this article, any entity or person performing excavation shall comply with the Underground Facility Safety and Damage Prevention Act within Chapter 319, of the Revised Statutes of Missouri, as amended, City Code section 16.239 Notice of intent to excavate; One Call System, and the city trenchless excavation policy.

(14) Notice of completion. The ROW-user shall notify the office of the director upon completion of the excavation or facilities maintenance authorized by the permit.

(15) Guarantee of work. Every ROW-user to whom an excavation permit has been granted shall guarantee for a period of two (2) years the restoration of the rights-of-way in the area where such ROW-user conducted an excavation and performed the restoration. Such ROW-user shall guarantee and pay for the restoration of the rights-of-way against sagging, buckling, deterioration, and other premature failures of the restoration.

(16) Tree trimming. A ROW-user shall neither remove, cut, nor damage any trees, or their roots, in and along the rights-of-way of the city except as authorized by the city pursuant to an approved tree trimming plan authorized by an excavation or facilities maintenance permit or otherwise authorized under RSMo. § 537.340. The type and extent of trimming and pruning shall be in accordance with the requirements of the city as provided in article II of this chapter.

(17) Inspection of permits. Permits issued shall be available by the ROW-user at all times at the indicated work site and shall be available for inspection by the director, other city employees and the public.