HomeMy WebLinkAbout2021-07-01ORDINANCE NO: %2'_ X7--0)
AN ORDINANCE AMENDING BATESVILLE MUNICIPAL CODE CHAPTER 9.08, REGARDING THE
REGULATION OF THE EXCAVATION UPON, IN, UNDER, OR ABOVE ANY CITY STREETS, ALLEYS,
CURBS, SIDEWALKS, EASEMENTS, AND PUBLIC RIGHT OF WAYS; AND FOR OTHER PURPOSES
WHEREAS, the current ordinance regarding the regulations in place for the excavation of
streets is in need of revision;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS:
Chapter 9.08 of the Batesville Municipal Code is hereby amended as follows:
SECTION 1: TITLE, PURPOSE, AND DEFINITIONS.
a. This ordinance shall be known and may be cited as "Excavation of Streets,
Sidewalks, Alleys, Curbs, Sidewalks, Easements, and Public Right of Ways."
b. The purpose of this ordinance is to provide regulations regarding excavations,
cuts, drilling, boring, and auguring upon, in, under, or above any City Street, Alley, Curb,
Sidewalk, Easement, or Right of Way.
C. "Permittee" is defined under this Chapter as any utility, entity, or person to whom
a permit issues under this title.
d. "Utility Facility" is defined under this Chapter as any physical component of a
system, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires,
transmitters, equipment, and other facilities, located within, under or above the rights of way,
any portion of which is used or designed to be used to deliver, transmit or otherwise provide
utility service.
SECTION 2: PERFORMANCE OF WORK.
Any performance of work upon, within, above, or under any street, alley, curb, gutter,
sidewalk, public right-of-way, or any easement within the City of Batesville shall be included in an
application and furnished to the City of Batesville Code Enforcement prior to issuance of a
permit. Any work performed without a permit shall be unlawful, and may be subject to fines,
criminal charges, and/or civil litigation.
SECTION 3: PERMIT PROCEDURE.
Permits shall be obtained from the City of Batesville's Office of Code Enforcement upon
application made on forms prescribed by the City. The written application shall include the
following:
A. The name and address of the Permitee;
B. The nature, extent, and location of any work proposed to be done, along with
satisfactory plans as attachments showing in detail the location of the proposed Utility Facility or
operations as described in the permit application. The plans shall show the size or capacity of the
Utility Facilities to be installed; their relationship to the Street features such as right -of -way
lines, easements, pavement edge, structures, etc., horizontal and vertical clearance to critical
elements of the roadway and other information necessary to evaluate the impact on the street
and its operation. An action plan outlining how work performed will be fixed.
C. The name and address of person or firm who is to do the work. Contact
information of the person onsite overseeing work.
D. The name, street address, email address, telephone, and facsimile numbers of one
(1) or more Facilities Representative(s).
E. The project dates for the work to be started and finished.
F. An indemnity bond or other acceptable security in the amount to be set by the
City at a rate of 50.00 per square foot for road cuts, and 50.00 per foot for boring, cutting,
drilling, excavating, auguring, or other work upon, within, above, or under any city street, alley,
curb, gutter, sidewalk, public right of way, or easement to pay for damages to any part of the City
road system or City property or to any employee or member of the public caused by activity or
work of the Permittee performed under the permit issued. In the event that a contractor or
utility does not have a plan for the scope of work to be performed, an indemnity bond in the
amount of 10,000.00 dollars can be accepted for work to start. Once work has started and the
initial indemnity bond is found to be insufficient, a subsequent bond or bonds will have to be
secured. Once work is finished, the contractor or utility shall provide a detail of all Utility
Facilities installed, including all work locations to the City.
G. If Permittee is using trenchless installation methods it shall verify the location,
depth, and condition of sewer service lines to each residence or business prior to using said
methods.
H. A copy, if requested, of the Permitee's certificate of authority (or other acceptable
evidence of authority to operate) from the Arkansas Public Service Commission and/or the
Federal Communications Commission, or any other similar approvals, permits, or agreements;
and
I. A copy, if requested, of the service agreement, if applicable or other legal
instrument that authorizes the Permittee to use or occupy the Right-of-way for the purposed
described in the application.
SECTION 4: PERMIT FEES.
The City shall charge a permit fee of 50.00 per application to be paid by the Permittee
upon submission of the application.
SECTION 5: ISSUANCE OF PERMIT.
Only when it has been determined that the applicant has satisfied the following
conditions and requirements shall a permit be issued:
A. The issuing of a Permit is determined to be consistent with this Ordinance; and
B. The Applicant has submitted a complete Application and has secured all
certificates and other authorizations required by law, if applicable, in order to construct Utility
Facilities in the manner proposed by the Applicant; and
C. The proposed permit must not unreasonably impact the safety, visual quality of
the streets, traffic flow, and other users of the right-of-way; and
D. The difficulty and length of time of the project, construction or maintenance must
not be unreasonable.
SECTION 6: DUTIES OF PERMITTEE.
Failure to comply with the following duties shall constitute grounds for default:
A. Permittee has a duty to inform all residents and legal entities of the scope of the
work which is to occur on private property within the utility easement.
B. Permittee is responsible for the maintenance of the street, alley, curb, sidewalk,
easement, or right of way until permanent repair can be completed. This includes but is not
limited to maintaining temporary fill so that any street, alley, curb, sidewalk, easement, or right
of way can be used for its intended purpose until permanent repairs can be made.
C. Permittee must make permanent repairs in a workman like fashion, and must be
in compliance with any local, state, or federal laws.
D. Permittee shall be liable for any damage done to private or public property as a
result of the Permittee's activities.
SECTION 7: EMERGENCY SITUATIONS.
A. Each Utility or Permitee shall, as soon as reasonably practicable, notify the City of
any event regarding its Utility Facilities which it considers to be an Emergency. The Utility may
proceed to take whatever actions are necessary in order to respond to the Emergency. A Utility
who engages in an emergency excavation shall take all reasonable precautions to avoid or
minimize damage to any existing facilities.
B. In the event that the City becomes aware of an Emergency regarding Utility
Facilities, the City may attempt to contact the affected Utility or Facilities Representative. The
City may take whatever action it deems necessary in order to respond to the Emergency,
including cutting or moving any wires, cables, amplifiers, appliances, or other parts of the
Facilities. The City shall not incur any liability to the Utility, for such emergency actions, and the
cost of such shall be paid by each Utility affected by the Emergency.
SECTION 8: EFFECTIVE PERIOD OF PERMIT AND DEFAULT.
A. Each permit shall have a commencement and expiration date based on
information provided in the applicant's permit application.
B. The Permit shall remain in place until its expiration date unless the Permitee is in
default. The City may give written notice of default to a Permitee if it is determined that a
Permitee has:
i. Violated the provisions of this Ordinance or any law of the City, state, or
federal government;
ii) Attempted to evade any provision or requirement of this Ordinance;
iii) Practiced any fraud or deceit upon the City; or
iv) Made a material misrepresentation or omission of the fact in its permit
application.
SECTION 9: CANCELLATION FOR CAUSE.
If a Permittee fails to cure a default within twenty (20) working days after such notice is
provided to the Permittee by the City, then such default shall be material breach and the City
may exercise any remedies or rights it has at law or equity to terminated the Permit. If the City
decides there is cause or reason to terminate, the following procedure shall be followed:
A. City shall serve the Utility with a written notice of the reason or cause for
proposed breach.
B. If the Utility fails to cure within twenty (20) calendar days, the City may declare
the Permit terminated.
SECTION 10: EXPIRATION OF PERMIT.
If work is not begun within six (6) months of the date of issuance, the permit will
automatically expire.
SECTION 11: EQUIPMENT AND MACHINERY USED ON JOB SITES.
All equipment and machinery that has to be certified and calibration must be current.
The City reserves the right to stop all work if any piece of equipment or machinery is found out of
compliance. This extends to boring, trenching, auguring, or any machine that uses instruments to
guide it underground from one location to the next.
SECTION 12: REQUIRED MINIMUM STANDARDS.
The 2010 Utility Accommodation Policy Manual, including all references contained
therein to codes, rules, regulations, schedules, forms and appendix items, promulgated by the
Arkansas State Department of Transportation, as may be amended from time to time is hereby
adopted by reference and incorporated herein, subject to the amendments and modification
contained in this Ordinance. A copy of the manual shall be maintained at City Hall with Code
Enforcement and open for public inspection. Any conflicts between the provisions of this
ordinance and the manual shall be resolved in favor of the manual. References to State
personnel, agencies, and fees shall be interpreted where required, as meaning the City of
Batesville municipal equivalents.
SECTION 13: COMPLIANCE WITH STATE AND FEDERAL LAW.
Permittee's are required to comply with all Federal, State, and Local laws and regulations.
Failure of the Permittee to do so may constitute default.
SECTION 14: PENALTY.
Any person engaging in activities governed by the provisions of this section without a
permit as provided herein shall be punished in accordance with the provisions of Section 1.32.01
of the municipal code. In addition, the city code enforcement officer or his or her authorized
representative shall issue a stop work order until such time the work being performed is brought
into compliance. Failure to comply with said stop work order may result in criminal penalties.
Further, the City and its residents reserve the right to seek any civil remedy.
SECTION 15: SEVERABILITY.
If the provisions of this Ordinance shall be deemed severable and the invalidity,
unenforceability, or unconstitutionality of any section, clause, phrase, sentence, or part thereof
shall not affect the validity, enforceability, or constitutionality of any other section, clause,
phrase, sentence, or part thereof.
SECTION 16: REPEALER.
Any ordinances of the City of Batesville which are conflict with this Ordinance are hereby
repealed to the extent of such conflict.
SECTION 17: EMERGENCY CLAUSE:
That the type of cuts which are the subject of this ordinance are currently occurring
within the City of Batesville. That because this ordinance is necessary for the preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance shall be
effect from and after its passage and approval.
PASSED AND APPROVED this (D� day of , 2021.
Honorable Rick Elumbaugh, Mayor
ATTEST:
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Denise M. Johnston, City CI