Glasgow Permitting Provisions ordinance (§ 515.030)

A. Permit Requirements. Any person desiring to conduct facilities work within public rights-of-way must first apply for and obtain a permit, in addition to any other building permit, license, easement, or authorization required by law, unless such facilities work must be performed on an emergency basis, then the person conducting the work shall as soon as practicable notify the City of the location of the work and apply for the required permit by the third business day following the commencement of the facilities work.

1. All applications for permits shall be submitted to the Superintendent of Public Works. The Superintendent of Public Works shall design and make available standard forms for such applications, requiring such information as the Superintendent of Public Works determines to be necessary, consistent with the provisions of this Chapter, to accomplish the purposes of this Chapter.

2. Each such application shall be accompanied by payment of fees as designated in this Chapter.

3. The Superintendent of Public Works shall review each application for a permit and, upon determining that the applicant has authority to perform the desired facilities work and that the

applicant has submitted all necessary information and has paid the appropriate fee, shall issue the permit, except as provided in Subsection (A)(4). In order to avoid excessive processing and accounting costs to either the City or the applicant, the Superintendent of Public Works shall have authority to establish procedures for bulk processing of applications and periodic payment of fees.

4. It is the intention of the City that disruption of the public rights-of-way should be minimized. Upon receipt of an application for a permit, the Superintendent of Public Works shall do the following:

a. Evaluate the degree of excavation necessary to perform the facilities work in the right-of- way and determine whether the excavation will be more than minor in nature. If the applicant can show to the Superintendent of Public Works' reasonable satisfaction that the facilities work involves any of the following:

(1) No significant disruption or damage to the public rights-of-way; or

(2) Time sensitive maintenance; then the Superintendent of Public Works shall grant the permit without delay provided that if the permit is not issued in ten (10) business days, the aggrieved party may appeal as provided in Subsection (A)(8); and

b. For circumstances where the Superintendent of Public Works determines that there will be significant excavation of the public rights-of-way and no exemption under Subsection (A) (4)(a) or any other provision of this Section applies, the Superintendent of Public Works may, consistent with the time requirements set forth in Subsection (A)(3) and in the permit, direct permit holders performing facilities work in the same area to consult on how they may schedule and coordinate their work to accomplish the goal of this Section.

5. Each permit shall include projected commencement and termination dates or, if such dates are unknown at the time the permit is issued, a provision requiring the permit holder to provide the Superintendent of Public Works with reasonable advance notice of such dates once they are determined, length of public rights-of-way, number of road crossings; information regarding scheduling and coordination of facilities work, if applicable, and location of facilities.

6. The Superintendent of Public Works may include in permits such conditions and requirements as are reasonably necessary to protect structures and facilities in the public rights-of-way from damage and for the proper restoration of such public rights-of-way, structures and facilities, and for the protection of the public and the continuity of pedestrian and vehicular traffic.

7. Denial Of Permit Application.

a. The Superintendent of Public Works may deny a permit application for the following reasons if deemed in the public's interest:

(1) Undisputed past due fees from prior permits;

(2) Failure to return the right-of-way to its previous condition under previous permits;

(3) Undue disruption to existing utilities, transportation or City use;

(4) Area is environmentally sensitive as defined by State or Federal statute;

(5) Failure to provide required information;, and

(6) The applicant is in violation of the provisions of this Chapter.

b. Notwithstanding the provisions of Subsection (A)(7)(a)(3) and (4) above, the Superintendent of Public Works will cooperate with the applicant to identify alternative routes which most nearly match the routes requested by applicant for the placement of facilities.

8. Applicant may appeal any final decision of the Superintendent of Public Works to the City Mayor, which appeal shall be acted upon by the Mayor within five (5) business days, and if denied by the Mayor, the applicant may then appeal to the Governing Body of the City, which shall consider the appeal within sixty (60) days or at its next regular meeting, whichever occurs first.

9. Applicant Must Pay The Following Fees. Any fees collected pursuant to this Section will be used only to reimburse the City for its actual incurred cost of managing the rights-of-way and will not be used to generate revenue to the City above such costs. The City may not require or accept in-kind services in lieu of any fee.

a. Permit Fee. A fee charged to recover the City's actual costs for an applicant's facilities work in the right-of-way, including the costs of processing permits, inspections and administration of this Chapter, excluding legal fees relating to the interpretation or enforcement of this Chapter, including all such appeals. The permit fee is two hundred fifty dollars ($250.00).

b. Applicant Subject To Other Laws, Police Power.

(1) An applicant shall at all times be subject to all lawful exercise of the Police powers of the City, including but not limited to all powers regarding zoning, supervision of construction, and control of public rights-of-way.

(2) Facilities work shall be subject to periodic inspection by the City.

(3) The Superintendent of Public Works shall have full access to all portions of facilities work and may issue stop-work orders and corrective orders to prevent unauthorized work. Such corrective or stop-work orders shall state that work not authorized by the permit is being carried out, summarize the unauthorized work and provide a period of not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be ceased to protect the public safety, and may be delivered personally or by certified mail to the address listed on the application for permit or to the person in charge of the construction site at the time of delivery. Such orders may be enforced by equitable action in the Circuit Court of Chariton County, Missouri, and if the City prevails in such case, the person involved in the facilities work shall be liable for all costs and expenses incurred by the City, including reasonable attorney's fees, in enforcing such orders, in addition to any and all penalties established in this Chapter.

(4) Any person who engages in facilities work in the public rights-of-way and who has not received a valid permit from the City shall be subject to all requirements of this Chapter. Except in those instances where facilities work must be performed on an emergency basis, the City may, in its discretion, at any time until a permit is secured, order the facilities work ceased and do any of the following: require such person to apply for a permit within thirty (30) days of receipt of a written notice from the City that a permit is required; require such person to remove its property and restore the affected area to a condition satisfactory to the City, or take any other action it is entitled to take number applicable law, including, but not limited to, filing for and seeking damages for trespass.

B. Construction Standards.

1. The construction, operation, maintenance, and repair of facilities shall be in accordance with applicable health, safety, and construction codes.

2. All facilities shall be installed and located with due regard for minimizing interference with the public and with other utility users of the rights-of-way, including the City.

3. An applicant shall not place facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the

residents and businesses in the City of their use of any public rights-of-way.

4. Any and all public rights-of-way disturbed or damaged during the facilities work shall be promptly repaired or replaced by the applicant to its previous condition.

5. Any contractor or subcontractor used for facilities work must be properly licensed under laws of the State and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as an applicant would have hereunder and applicable laws if the work were performed by the applicant. The applicant shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with its permits and applicable law, shall be fully responsible for all acts or omissions of contractors or subcontractors, and shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor.