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HomeMy WebLinkAboutO-83-02AN ORDINANCE AMENDING SECTION 23-29 OF CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RENUMBERING ARTICLE III OF CHAPTER 23 RELATING TO VACATING OF EASEMENTS TO BE ARTICLE IV WITHOUT A CHANGE IN.CONTENTS; CREATING A NEW ARTICLE III RELATING TO STREET OPENINGS; EXCAVATIONS AND PAVEMENT CUTS, IN- CLUDING SIDEWALKS AND CURBS WITHIN STREET RIGHT-OF-WAYS IN THE CITY; REOUIRING PERMITS; ESTABLISHING STANDARDS AND REGULATIONS; ADOPT-- ING INSPECTION FEE SCHEDULE; SETTING FOR VIOLATIONS; PROVIDING A SEVERABILIT¥ ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF SEBASTI~i~, FLOR[I)A HEREBY ORDAINS: SECTION I That Section 23-29 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: SECTION 2B-29. PERMIT REQUIRED. (a) No person, firm or corporation shall' contruct, reconstruct, repair, alter or grade a drive- way which enters on, over or across a public right-of-way of this City without first obtaining a permit as pr'~vid~:'~d by this division. SECTION II. That Article III of Chapter 23 and Sections 23-45 through 23-49 are hereby renumbered Article IV of Chapter 23 and Sections 23-75 through 23-79 respectively, SECTION III. That the Code,.of Ordinances, City of Sebastian, Florida is hereby amended by adding an Article, to be numbered Article III, which said Article shall read as follows: ARTICLE III. STRI'~[i',TS-C,O~STEUCTION AND Bi!F.;.[[[i. SECTION 23-45. DEFINITIONS. The following words, when used i'n this Article shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates otherwise; A. "Applicant" shall mean any person who makes application for a permit. B. "City" shall mean the City of Sebast£an in the County of Indian River, State of Florida. C. "Engineer" shall mean the person duly appointed City Engiueer, his authorized deputy, representative or inspector. D. "Emergency" shall mean any unforeseen circum- stances or occurance, the existence of which constitutes a clear and immediate danger to persons or properties. E. "Permittee" shall mean any person who has been issued a permit and is obligated to fulfill all the terms of this ordinance. F. "Person" shall m~an~ arid include ar-~y ~atu~'~!. person, partnership, firm, associat'i.'~n, utility, or authority created pursuant to statute. Whenever used in any section prescribing and imposing a penalty, the term "Person" as applied to associations shall mean the partners or members thereof, and as applied to corporations, the officers thereof. G. "Street" shall mean and include a public street, public easement, public right-of-way, p~blic highway, alley, public way, or public road a~::~.:epted or ma:it:~ ~i.r~':':~l the City, and any State or County to,ad over whi~:b ~ :. amy have acquired jurisdiction by ag~,e~ment or' c. tt:~.: SECTION 23-46. STREET OPENINGS AND PAVEMENT ~ PERMIT REQUIRED. It shall be unlawful for any person to cut, bore, break into, .excavate or open any street of the City, except specifically setting utility poles in unpaved areas, without first securing a permit from the City Clerk as required herein. SECTION 23-47. STREET OPENINGS No person to whom a permit has been gran~:,~d shal.1 perform any work in any amount or quantity greater that specified in the permit, except ~hat upon the approval of the Engineer additional work may be done under the provisions of the permit in any amount not greater than ten (10) percent of the amount specified in the permit. Any deposit deposited in connection with the original permit shall be deemed to cover any such addit-i, ona]. work as may be approved pursuant to this section within the limited mention herein. -2- SECTION 23-48, COMMENC~ENT. OF WORK, Work f~r which a permit has been issued shall commence within ninty (90) days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the'payment of an additional permit fee as originally required. SECTION 23-49. PERMITS NONTRANSFERABLE Permits are not transferable from one person to another and the work shall not be made in any place ~ther than the location'specifically designated in the permit. SECTION 2B-50. EXPIRATION OF PERMITS Every permit shall expire at the end of t~e period of time which shall be set out in permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Clerk, a request for an extension of time, setting forth therein the reasons for the requested extension. If such an' extension is necessary and not contrary to the public interest, the permlttee maY be granted additional time by the City Clerk for the completion of the work upon recommendation of such extension by the City Engineer. SECTION 23-51. STATE AND COUNTY ROADS. The provisions of this ordinance shall not be applicable in those instances where the highway or road is maintained by the State of Florida, or by Indian River County, except in such cases where the City may have special arrangements with the State or County. SECTION 23-52. I~EVOCAT]ON OF PERMITS. (A) Any permit may be revoked by the City Council after notice to the permittee for: (1} Violation of any condition of the permit or of any provisions of this ordinance. , (2) Violation of any provision of any other applicable ordinance or law relating to the work. (3) Existence of any condition or t~ doi~g of any act constituting or' creatl, ng a nuisance or ~'.~ ~ the lives or properties of others. (B) Written notice of any such v~olat~i~ ,~ condition shall be served upon the permittee or hi.~ engaged in the work. The notice shall contain a brief ment of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof' to the permittee or by certified or registered United States mail addressed to the permittee. -3- (C) A permittee may be .g_,rar~ted a peri.'-~,~ 48 hours from the date of the notice to correct t~".' and to proceed wi"th the diligent prosecution of t.t'~:' authorized by the permit before said permit is revok~'t. {D) When any permit has been revoked and the work authorized by the permit has not been completed, the City shall cause such work to be dbne as may be necessary to restdre the street or part thereof to as good a condition as before the opening was ~'ade. All expenses incurred therein by the City .shall be recovered from the deposit the permittee has deposited with the City or billed against other assur;~'~ces satisfactory to Council. SECTION 23-53. DUTIES AND RESPONSIBILITIES OF APPL]~yANTS. It shall be the duty and.responsibility of" each applicant to: (A) Make a written application for such permits with the City Clerk on such forms as the City shall, prescribe. No work shall commence until the Engineer has approved the application and plan and the applicant has paid and provided all fees, deposits and certificates required by the ordinance. The Engineer shall review the application and issue a decision within ten {10) working days of his receipt of the application provided the application as submitted is complete. The Clerk will issue a permit within seven (7) days after receipt of the.City Engineer's approval of the permit application and all required fees, deposits and certificates from the applicant. (B) Include, in the application, information stating the kind, character and purpose of the propo~ed excavation or opening and such other information which may be resonably required to fulfill the requirements of this ordinance. (C) Furnish in triplicate a detail plan with dimensions showing the location of the work to be performed under said permit. If approved by the Engineer, one copy of such plan shall be returned to the applicant at the time the permit is granted. (D) Obtain a permit for each and every project. (E) Agree to save the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrues by reason of any work performed under said permit. T~-~,.~:, acceptance of any permit under this ordinance shsll constitu~.e such an agreement by the applicant whether the same is expressed or .not. -4- (F) P~ a permit and engineering review fee and security deposit in accordance with the requirements of Section 23-58 herein. Any utility which pays a franchise tax or fee to the City and has a valid franchise agreement with the City shall not be required to pay a permit and engineering review fee and security deposit. The permit and engineering review fee and security deposit shall be credited to the franchise tax or fee paid to the City by 'the utility as long as the total annual tax or fees paid exceeds the permit, review and deposlt fees due. utilities and/or developers of ma]or subdivisions may request to. pledge assurances to the City in lieu or cash or check and the City may acc.ept or reject such assurances. (G) Furnish a certificate of insurance as'required by Section 2~-60 of this Ordinance. (H) Keep the original copy of the permit, ar~d an approved copy of the plan in the possession of th~: ~:~arty or parties actually doing the work, a~d when requiro~:~ same to the Engineer, duly authorized inspector'~;, , the instances of County and State roads, to the inspectors of these authorities. (I) Agree to perform the work'under said permit in accordance with the regulations established under this ordinance and such further conditions as may be imposed by the City Engineer. SECTION 23-54, STREET OPENING REGULATIONS. CONSTRUCTION REQUIREMENTS. The Engineer is hereby authorized and di~.octed to promulgate such written instructions as may be f'~,:~cessary for the construction of each street opening. Such instructions shall include but shall not be limited to: (1) limitations on the size of opening; (2) restriction for .the protection of existing subsurface installations, monuments, and drainage systems; (3) requirements for the storage and removal of excavated materials; (4) provisions for safety precautions to be taken by the permittee; (5) restrictions as to the periods of day when the work may be performed; (6) require- ments for backfilling, inspections an~ final paving cross section for openings; and (7) refusal to permit a road open- ing and instructions to use a bore and jack method in lieu of cutting pavement. SECTION 23-55. TEMPORARY PAVING. Upon notice to the City Engineer, or his designee, and under his inspection, the permittee shall imme,.Jiately after completing the work refill, properly tamp and restore the excavation or opening with a temporary paving cover -5- as~ifollows: ten inches(10") of compacted limerock in a:[:[ areas and two inches (2") of approved bituminous temporary patch material (cold patch) in paved cartways. The temporary paving cover shall be left in place and maintained by the applicant for a minimum of thirty (30) days and a maximum of ninety (90) days after which the temporary paving cover and required portion o'f compacted limerock shall be removed and .replaced with the final paving required by the engineer. SECTION 23-56. ALL WORK IS ALSO GOVERNED BY THE FOLLOWING R'EGULATIONS. (A) Unless written permission is obtained from the City Enginee'r, or his designee, no permittee shall be allowed permission to cut, break into, excavate or o~en a street for a greater distance than three hundred (300) feet at one time, or keep the same open for a period ]on~.!ier than one (1} week. During the entire period the street is being cut, broken into, excavated or opened by the permittee there shall be provided by the permittee a space at street level of at least twelve (12) feet in width for the purpose of allowing free and unimpe(ted use of the same. In no event shall a permit be valid for a period of time in excess of one hundred thirty five (135) days after ~ts ~ssuance w~nou~ the written approval of the City Engineer or his designee. . (B) All cuts, breaks, excavations and openings shall.conform in size to the applicatipn on which the permit is based and shall be performed in neat, even and rectangular sections. All e~cavations to a depth of six (6) feet or more shall be stored and braced or provided with an acceptable shield to support the walls of the ~rench for t~e protection of workmen and to prevent the unintentional widenin~ of the trench unless otherwise permitted by the City (C) If in the opinion of the City cut, excavation or opening would be dangerous the permitee shall erect a suitable barrier or the same in such manner as to prevent danger to pedestrians or vehicles and. place upon such barrier or railing and upon any building materials and appliances,, suitable and sufficient warning lights during the period of darkness. In any event, suitable and sufficient warning lights shall be maintained by the permittee during periods of darkness in the vicinity of the cut, excavation or opening. (D) All permittees shall keep the ar'e~:t ~:f' the:ir work clear of dirt and debris at all times and sha.] 1. carry away and dispose of al'l excess dirt, debris and other material resulting from their work, SECTION 23-58. DEPOSIT REQUIREMENTS AND If the application and plan conform to th,,; require- ments of this ordinance, provide for the work to b~ performed in accordance with the current Florida Department of Trar~spor- ration ~pecificatlons, and are approved by the City Engineer, the City Clerk shall issue the permit upon receipt of a deposit covering engineering review and City Administration 'determined as follows: (A) City Administration Fee: application submitted. submitted. (C) $20.00 per Engineer Review Fee: $50.00 per application City Security Deposit Schedule: TYPE OF ROAD MARL OR LIMEROCK BLACKTOP OR OIL & CHIP REINFORCED CONCRETE DEPOSIT FOR 10"SQUARE FEET OR LESS PER SQUARE FOOT IN' E~CESS OF TEN (10) SQUARE FOOT $100.00 $ 1.00 $180.00 $ 5.00 $300.00 $ 15.00 (D) In lieu of a security deposit in accordance with the above schedule, the applicant may deposit the sum of Fifteen Hundred Dollars ($1,500.00) in cash with the City Clerk or provide other assurances to the City satisfactory to council. SECTION 23-59. INSPECTION FEES AND REFUND AFTER FINAL REPAIR (A) After final a~d permanent repairs are completed a fee covering inspection charges shall be charged against the deposit. If at the end of a six {6) month period from the issuance of the permit and completion of the permanent cover, no defects in the contractor's work appear, the work will be considered accepted by the City and .the balance of the City deposit not used to defray engineering inspection costs will be returned to the applicant. (B) If during such six (6) month period any settlement occurs in the excavation or opening, the City Engineer, or his designee, shall notify the permittee by ordinary mail addressed to the location given on the application permit, to correct the condition w~thin ten (10) workinf~ days of the notice and comp,l, ete ~ new temporary cove?, af'~er" which final and permanent repairs s~all again be made as here- ina~ove. The City Clerk shall charge and deduct an additional fee covering additional inspection charges. In the event the permittee shall fail to correct the conditions as required herein the City may do so and all funds on deposit shall, -7- without further notice, be credit~d to the general reven~es of the City to defray the cost of the work requi, red to be performed by the City. SECTION 23-60. INSURANCE REQUIREMENTS. Each applicant prior to receipt of a permit shall provide the City with an acceptable certificate of ~.nsurance ~ndicating that he is insured against claims for damages for personal injury as well as against claims for prop~rI~y ~amage which may arise from or out of the performance of 1.~. w~'.i~, whether such performance be by hirhself, his or anyone directly or indirectly emp.l, oyed by him. insurance shall cover ~collapse, explosive hazards a~ ground work by equipment on the street, and shall inc.lude protection against liability arising from completed oiperations for a period of time as outlined in .Section 23-59. The amount of insurance shall be prescribed by the City in accordance wiht the nature of the risk involved; provided, however, that the liability insurance for bodily injury effect shall not be in an amount less than Two-Hundred Fifty Thousand Dollars ($250,000.) for each person and Fi~ Hundred Thousand Dollars ($500,000.), for each accident and for property damages an amount not less than Fifty Thousand Dollars ($50,000.), with an aggregate of One Hundred Thousand Dollars ($100,000.), for all accidents. Public Utilities and authorities may be relieved of the obligation of submitting such certificates if they are insured fn accordance with the requirements of this ordinance. SECTION 23-61. OPENINGS IN NEW STREETS - NOTICE OF IMPROVEMENTS When the City shall improve or pave any street the City Clerk shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utilities and authorities operating in the City, and all such persons, utilities, and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street, within t~irty (BO) days from the giving of such notice. The time shall be extended if permission is requeste~ £n writing and approved by the City Engineer. SECTION 23-62. RESTRICTIONS UPON OPENING NEW STREETS. Unless there is determined that an emergency exists involving underground gas, water, sewer, telephone or electric facility, no street opening permit will be issued for a period of twenty-four months after acceptance of the street by the City where a new pavement has been constructed, or for a period of twelve (12) months after acceptance of the street by the City where an existing pavement has been resurfaced. -8- An exception will be made to this restriction in cases where it can be clearly demonstrated that this restriction is in conflict with any legal contractura], obligations and/or agreements. SECTION 23-63. EMERGENCY OPENINGS. In case of an emergency involving any underground gas, water, sewer,' telephone or electric facility where immediate repair is imperative to prevent loss or damage to streets or property or discontinuance of service it shall not be necessary to obtain permits before commencing such repair, but such a permit(s) sha].l be obJtained within five (5) days thereafter and this section shall not be held or taken .in any cast to exempt the applicant from any other provisions of this ordinance. SECTION 23-64. UTILITY AS-BUILT MAP REQUIREMENTS. (A) Every person owning, using, controlling, or having interest in pipes, conduits, ducts, or other structures under the surface of any street used for th~ purt~o~e of. supplying or coveying gas, electricity, communication impulses, water or sewer to or from the City, or to or from its inhabitants, or for any other purpose shall file with the Engineer within one year after the adoption of this ordinance accurate information, showing the as built location, size and description of all such installations. (B) Within thirty (30) days after the first ~ay of January of each and every year, such person sh~'~] 1 f'.[.l..~ with the Enginee~ additional.information showing ii~.~::tali ia i~.~:.;, including all those made or abandoned during the year; provided, however, if no additions have been its installations during the previous year, a utility or authority may file with the Engineer a written statement to that effect, within the period of time speci.fied above. A utility or authority may at its own option elect to provide additional information throughout the year as it is available rather than proceed as above noted. The Engineer may, however, request additior~al information periodically as amy be necessitated by l:~roposed construction or reconstruction of roadways within tt~,e City. SECTION 23-65. NOTICE TO PROPERTY OWNERS AND TENANTS. If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, or subsurface installations including utilities in the vicinity of the proposed opening, the permittee shall be required to submit evidence in affidavit form that notices were on the owners and t of such properties and subsurface installations personally or by certified amll, return receipt requested. SECTION 23-66. PENALTY FOR VIOLATION. Any person who violates any provision of this ordinance shall upon conviction thereof be punished by a fine not exceeding Five Hundred ($500.00) Dollars. Each day that a violatibn is permitted to exist after notice in writing 'shall ~ave been served by the Clerk it shall constitute a separate offense. SECTION IV. SEVERABILITY. If any sectioni subsection, sentence, clause, phrase, or protion of this ordinance is for any reason held ~nvalid or unconstitutional by any count of competent jurisdiction, portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions hereof. SECTION V. EFFECTIVE DATE. This ordinance shall take effect immediately upon becoming law. I HEREBY CERTIFY that the foregoing odinance was finaliy passed by the City Council of ~he City of Sebastian, Florida, on the ~ day of MAYOR, CITY OF SEBASTIAN ATTEST: CITY CLERK I HEREBY CERTIFY that notice of Pt~blic Hearin,~ of the foregoing Ordinance was given in eccordance wit~ Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ~'~0 p.m., on the day of 8~, and that foregoing Ordinance was duly o ed by the City Council of the City of Sebastian, Florida, on the CITY CLERK (SEAL) STREET OPENING PERMIT APPLICATION City of Sebastian, City Hall Attention: City Engineer Post Office Box 127 Sebastian, Florida 32958 DA TE : 1. NAME/ADDRESS/TELEPHONE OF APPLICANT: 2. NAME/ADDRESS/TELEPHONE OF OWNER: 3. PURPOSE OF STREET OPENING: 4. LOCATION OF STREET OPENING: 5. METHOD OF STREET OPENING (BORING AND JACKING REQUIRED UNLESS CIRCUMSTANCES PROHIBIT): 6. ACTUAL WORK SCHEDULE DATE: 7. NAME/ADDRESS/TELEPHONE OF PERSON TO CONTACT FOR ANY PROBLEMS DURING AND FOLLOWING CONSTRUC- TION: 8. OTHER COMMENTS: 9. THiS PERMIT APPLICATION MUST BE ACCOMPANIED BY THE PLANS AND SUPPLEMENTAL DATA AS REQUIRED BY ORDINANCE , SECTION 23'53. 10. SIGNATURE/TITLE OF APPLICANT: FOR CITY USE ONLY DATE APPLICATION RECEIVED: DATE APPLICATION CONSIDERED COMPLETE: APPLICATION CHECK LIST: COPIES OF DETAIL PLAN; ( INSURANCE. ( ) COMPLETED APPLICATION; ) SAVE HARMLESS STATEMENT; ( ) DESCRIPTION OF PROPOSED WORK; ( ) THREE ( ) NECESSARY FEES; ( ) CERTIFICATE OF DATE AMOUNT PERMIT FEE: ENGINEERING REVIEWED: SECURITY DEPOSIT: ENGINEERING COMMENTS: PERMIT NUMBER: DATE ISSUED: CITY CLERK SIGNATURE