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Help & SupportChapter 8-5: Work in the Public Right-of-Way and Public Easements21
The purpose of this chapter is to regulate the placement of structures and infrastructure, construction, excavation, encroachments, and work activities within or upon any public right-of-way or public easement, to assure public safety and to protect the integrity of the transportation system. To achieve this purpose, it is necessary to require permits, to establish permit procedures, and to fix and collect fees and charges. This chapter is intended to balance the public objectives for providing efficient, safe transportation routes with the use of public rights-of-way for city-owned and non-city-owned public utilities, including:
(a) Ensuring that the public safety is maintained and that public inconvenience is minimized.
(b) Protecting the city's investment in its infrastructure by establishing repair standards for surface improvements and pavement when work is accomplished.
(c) Facilitating work within the right-of-way and public easements through the adoption and implementation of standards for regulating the placement of infrastructure.
(d) Maintaining an efficient permit process.
(e) Conserving the limited physical capacity of the public rights-of-way and public easements held in public trust by the city.
(f) Assuring that the city can continue to fairly and responsibly protect the public health, safety, and welfare.
The following terms used in this chapter have the following meaning, unless the context fully indicates otherwise:
"Encroachment" means a private improvement, structure, utility or obstruction extending into or located within, above, or under any public right-of-way or public easement.
"Fence" means any artificially constructed barrier of wood, masonry, stone, wire, metal, or any other material or combination of materials erected to enclose, partition, beautify, mark, or screen areas of land.
"Infrastructure" means any public facility, system, or improvement including, without limitation, water and sewer mains and appurtenances, storm drains and structures, streets and sidewalks, trees and landscaping in public right-of-way, city-owned and non-city-owned utilities, and public safety equipment.
"Landscaping" means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees and non-living natural materials commonly used in landscape development, as well as attendant irrigation systems.
"Permittee" means the holder of a valid permit issued pursuant to this chapter.
"Public easement" means a public interest in land owned by another person that entitles the public to a specific limited use or enjoyment of said land for the use or installation, construction, reconstruction, repair, or maintenance of public infrastructure such as utilities, drainage systems, or transportation improvements.
"Standards" means design and construction standards as adopted by the city.
"Structure" means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies, and canopies.
"Work" or "work activity" means any labor, construction, excavation, or storage of equipment or materials in the public rights-of-way or public easements, including, without limitation, construction of streets and all related appurtenances, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, and traffic signal devices. "Work" or "work activity" also means construction, maintenance, and repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structure located below the surface of any public right-of-way or public easement, and installation of overhead poles used for any purpose.
8-5-3 Permit Required for Work in the Public Right-of-Way and Public Easements.
(a) Work in Right-of-Way or Public Easement Prohibited Without Permit: No person shall undertake or permit to be undertaken any work in the public right-of-way or a public easement without first obtaining a permit from the city as set forth in this chapter, unless such work is exempt under the provisions of section 8-5-17, "Work in the Public Right-of-Way or Public Easement Exempt From Required Permit," B.R.C. 1981, or involves sidewalk construction as permitted under section 8-2-18, "Permit for Sidewalk Construction Required," B.R.C. 1981.
(b) Display of Permit: The permittee shall maintain the permit, along with associated documents including the approved engineering construction drawings or site plans, and applicable traffic control or erosion control plans, on the job site and all documents shall be made available for inspection upon request by any officer or employee of the city.
(c) Work Consistent With the Permit: No permittee shall work in an area larger or at a location different from that specified in the approved permit. If it becomes necessary to work in a larger or different area than originally requested under the application, the permittee shall notify the city manager and file a supplementary application for the additional work within twenty-four hours.
(d) Permits are Not Transferrable: Permits shall not be transferable or assignable. The permittee may subcontract the work to be performed under a permit provided that the holder of the permit shall be and remain responsible for the performance of the work under the permit and provide all insurance and financial security as required.
An applicant for a permit to work in the public right-of-way or public easement under this section shall file a written application on a form provided by the city manager that includes the following:
(a) The date of application; the name and address of the applicant; the name and address of the developer, contractor or subcontractor licensed to perform work in the public right-of-way; the exact location of the proposed work; the type of existing public infrastructure includes, without limitation, street pavement, curb and gutter, sidewalks or utilities impacted by the work; the purpose of the proposed work; the dates for beginning and ending the proposed work; the measurements, quantities, itemization and total cost, including labor and materials, of the construction improvements and excavations for improvements that are to be owned and operated by the City of Boulder; and type of work proposed.
(b) Engineering construction drawings or site plans for the proposed work.
(c) A satisfactory traffic control and erosion protection plan for the proposed work.
(d) Evidence that the applicant has an effective license, including, without limitation, required insurance, deposits, bonding, and warranty to perform work in the public right-of-way or public easement, as prescribed under chapter 4-6, "Contractor in the Public Right-of-Way License," B.R.C. 1981.
(e) A satisfactory plan of work, showing protection of the subject property and adjacent properties including the protection of shade and ornamental trees and the restoration of turf.
(f) Evidence that the applicant or its contractor is not delinquent in payments due the city on prior work, and that all orders issued by the city to the applicant, requiring the applicant to correct deficiencies under previous permits issued under this chapter, have been satisfied.
(g) Evidence that any financial guarantee required under section 9-2-20, "Required Improvements and Financial Guarantees," or 9-12-13, "Subdivider Financial Guarantees," B.R.C. 1981, have been provided in connection with the approved subdivision, site plan, or engineering construction drawings.
(h) Documentation that all permits required for the proposed work have been obtained including, without limitation, floodplain development permits, wetland permits, state highway access or utility permits, revocable right-of-way permits, and sewer and water utility permits.
(i) Pay the fees prescribed by section 4-20-6, "Public Right-of-Way Permit and Contractor License Fees," B.R.C. 1981.
A permit issued under this section should state the right-of-way permit number, the date of issue and expiration; the name and address of the permittee, the name and address of the developer, contractor or subcontractor licensed to perform work under the permit; the location, nature, and purpose of the proposed work permitted; any conditions of approval, including, without limitation, inspection, testing, certification, and provision of as built drawings; the type of existing public infrastructure including, without limitation, street pavement, curb and gutter, sidewalks, trees and landscaping, or utilities impacted by the permit; references to the approved engineering construction drawings or site plans; references to any supplemental permits including, without limitation, wetland, floodplain development, state highway access or utility, revocable right-of-way and water and sewer utility permits required; and the amount of fees and deposits paid, and bonds filed by the permittee.
8-5-6 Public Improvement Warranty.
The applicant shall warrant all public improvements constructed under the approved permit as set forth in section 9-12-14, "Public Improvement Warranty," B.R.C. 1981. The applicant shall warrant the restoration of a public street excavated and filled with rock backfill material pursuant to subsection 8-5-12(c), B.R.C. 1981, for three years in conformance with the requirements set forth in section 9-12-14, "Public Improvement Warranty," B.R.C. 1981.
(Ordinance No. 7088 (2000))
The permittee shall contact the city to schedule inspections for work completed within any public easement or right-of-way pursuant to an approved right-of-way permit, and shall not proceed with additional work until authorized by the city manager. If any stage of work under the permit is found by the city to be unsatisfactory, the permittee shall remedy, repair, or reconstruct said portion of the work found unsatisfactory prior to proceeding with new stages of the work.
Immediately upon completion of all work under a permit, the permittee shall notify the city to schedule an inspection and submit construction drawings of the completed construction and work as built, at which time city acceptance will be made if all work meets city standards. The warranty period begins upon acceptance of the work after the final inspection. Approximately thirty days prior to the expiration of the warranty, the city will perform an inspection of the completed work. If the work is still satisfactory, the financial guarantee for individual permit holders shall be returned less any amounts needed to complete work not done by the permittee.
8-5-8 Public Safety and Nuisance.
(a) Permittee's Responsibilities: No person who obtains a permit for work in the public right-of-way or public easement shall fail to maintain a safe work area, free of nuisance conditions. If the permittee fails to provide a safe work area free of nuisance conditions, the city may issue an order to make any repair necessary to eliminate any hazards or nuisances.
(b) Failure to Comply: If the permittee fails to correct a hazard or a public nuisance, the city may issue a stop work order and make any repair necessary to eliminate such hazard or public nuisance. Any such work performed by the city shall be billed to the permittee at overtime rates. The permittee shall pay all such charges within thirty days of the statement date. If the permittee fails to pay such charges within the prescribed time period, the city may, in addition to taking other collection remedies, seek reimbursement through the warranty guarantee. Furthermore, the permittee shall be barred from performing any work in the public right-of-way or public easement, and under no circumstance will the city issue any further permits of any kind to said permittee until such time that all outstanding charges have been paid in full. This remedy is in addition to any criminal action which the city may bring or pursue for violation of the chapter.
All work covered by the permit shall be completed by the date approved on the application. Permits shall expire and be void if work has not commenced within thirty days after issued or as otherwise authorized in the permit after issuance. Unused funds guaranteed by letters of credit or cash deposited as a financial guarantee for individual permits will be returned after expiration and voiding of the permit.
The permittee shall provide traffic control measures to mitigate impacts on the transportation system that include the following:
(a) Traffic Control Plan Required: When it is necessary to impede or obstruct traffic, a traffic control plan prepared in conformance with the Manual on Uniform Traffic Control Devices, shall be submitted to the city prior to starting work. No permit will be issued until the plan is reviewed and approved by the city. No person shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless permission is obtained from the city manager. Streets are to remain passable at all times, unless permission to close a street is approved by the city manager, as prescribed under section 2-2-11, "Traffic Engineering," B.R.C. 1981. It shall be the responsibility of the permittee to notify and coordinate all work in the public right-of-way with police, fire, ambulance, and transit organizations.
(b) Warning and Control Devices: The permittee shall illustrate on the permit the warning and traffic control devices proposed for use. At the direction of the city manager, such warning and control devices shall be increased, decreased, or modified. The Manual on Uniform Traffic Control Devices, Part IV, shall be used as a guide for all maintenance and construction signing. Traffic control devices, as defined in Part VI of the Manual on Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. The permittee shall provide all traffic control devices. If used at night, the traffic control devices must be reflectorized and be illuminated or have barricade warning lights. Oil flares or kerosene lanterns are not allowed as a means of illumination.
(c) Flag Person Required: When necessary for public safety, the city manager will require the permittee to employ certified flag persons whose duties shall be to control traffic around or through the construction site.
8-5-11 Minimizing the Impacts of Work in the Rights-of-Way and Public Easements.
(a) Responsibility of Permittee: The permittee shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.
(b) Location of Utilities: Before any permittee begins work in any public right-of-way or public easement, it shall contact the Utility Notification Center of Colorado and make inquiries of all ditch companies, utility companies, districts, municipal departments, and all other agencies that might have facilities in the area of work to determine possible conflicts. The permittee shall contact the Utility Notification Center of Colorado and request field locations of all facilities in the area at least forty-eight hours in advance of commencing work.
(c) Protection of Utilities: The permittee shall support and protect all infrastructure, including, without limitation, pipes, conduits, poles, wires, or other apparatus which may be affected by the work from damage during construction performance of the work, or settlement of trenches subsequent to construction.
(d) Work Hours: Work activity performed in public right-of-way or public easements under a right-of-way permit may occur Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. No work shall be performed nor shall any traffic lane be closed to traffic during the hours of 7:00 a.m. to 8:00 a.m. or 4:30 p.m. to 5:00 p.m. on streets designated "collector" or greater in the adopted Transportation Master Plan without the approval of the city manager. Construction hours may be further modified by the city manager to minimize construction impacts on traffic flow along arterial and collector roadways, or to address environmental and safety concerns which may be associated with a right-of-way construction permit application.
(e) After Hours Work: The applicant may request permission to perform after hours work activity in a public right-of-way or public easement, subject to city approval considering the type of work to be performed, the public necessity to have the work performed outside of normal hours, and the potential inconvenience or annoyance the work may have on the general public and occupants of neighboring property. Any approval to permit after hours construction under an approved right-of-way construction permit shall be subject to approval of a sound level variance, if necessary, prescribed under chapter 5-9, "Noise," B.R.C. 1981, and the applicant's agreement to pay the fee for after hours inspection prescribed under subsection 4-20-6(g), B.R.C. 1981.
(f) Noise: The permittee shall comply with allowable noise levels prescribed under chapter 5-9, "Noise," B.R.C. 1981.
(g) Trash and Construction Materials: The permittee shall maintain the work site such that:
(1) Trash and construction materials are contained and do not blow off the construction site;
(2) Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard; and
(3) Trash dumpsters, materials, storage trailers, or construction trailers shall not be placed in the right-of-way unless approved with the right-of-way permit.
(h) Dust and Erosion: The permittee shall use appropriate measures, such as watering and best management environmental practices, to control dust and erosion at the construction site.
(i) Deposit of Dirt and Material on Roadways: The permittee shall comply with the requirements to eliminate the tracking of mud or debris upon any street or sidewalk as prescribed under section 8-2-10, "Deposit of Dirt and Material on Streets and Alleys Prohibited," B.R.C. 1981. Equipment and trucks used during construction, excavation or work activity shall be cleaned of mud and debris prior to leaving any work site.
(j) Use of Street and Sidewalk Within the Right-of-Way or Public Easement: A permittee for a right-of-way construction permit shall:
(1) Make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted;
(2) Obtain permission from the city manager to occupy public metered parking spaces and pay applicable parking reimbursement fees for any work activity that impacts public metered parking spaces, as set forth in section 4-18-8, "Parking Meter Hood and Sign Permits," B.R.C. 1981;
(3) Maintain safe traffic operations along all public streets in conformance with section 8-5-10, "Traffic Control," B.R.C. 1981;
(4) Maintain an adequate and safe unobstructed public walkway through or around the working construction site or blocked sidewalk in conformance with section 8-2-11, "Duty to Maintain Walkway Around Obstructed Portions of Sidewalks," B.R.C. 1981;
(5) Clear all snow and ice hazards from public sidewalks or walkways through or around the work site by 12:00 noon following a snowfall in conformance with section 8-2-13, "Duty to Keep Sidewalks Clear of Snow," B.R.C. 1981; and
(6) Secure all dangerous areas, such as trenches and excavations, with appropriate markers, barricades, and/or fencing.
(k) Protection of Trees and Landscaping: The permittee shall protect trees, landscape, and landscape features as required by the city. All protective measures shall be provided at the expense of the permittee. Any damage to existing trees and landscaping shall be reported to the city manager for inspection. The permittee shall be required to complete any remedial action necessary to repair and restore damaged trees and landscaping, as determined by the city manager. Any trees and landscape materials which are damaged beyond repair or restoration shall be replaced at an equivalent value to the damaged material at the expense of the permittee.
(l) Protection of Paved Surfaces From Damage: The permittee shall be responsible for any damage caused to any pavement by any work activity. Upon order of the city manager, the permittee shall repair all damage to the satisfaction of the city manager. Failure to repair such damage will result in the use of the permittee's performance bond, financial guarantee, or warranty by the city to repair any damage. To protect against pavement damage, backhoe equipment outriggers shall be fitted with rubber pads when used on pavement surfaces, and tracked vehicles are not permitted on paved surface unless specific precautions approved by the city manager are taken to protect the surface.
(m) Protection of Property: The permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at their expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public right-of-way and public easements.
(n) Cleanup: As the work progresses, all public rights-of-way, public easements, and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All cleanup operations shall be done at the expense of the permittee.
(o) Preservation of Monuments: The permittee shall not disturb any surface monuments or survey hubs and points found on the line of work unless approval is obtained from the city manager. Any monuments, hubs, and points disturbed shall be replaced by a Colorado Registered Land Surveyor at the permittee's expense.
8-5-12 Standards for Repairs and Restoration of Pavement or Sidewalks.
(a) Permittee Responsibility: The permittee shall be fully responsible for the cost and actual performance of all work in the public right-of-way or public easement. The permittee shall do all work in conformance with city design and construction standards. All restoration work shall result in a pavement and sidewalk condition equal to or better than that which existed prior to construction. All streets and paved surfaces shall be restored within two weeks of their excavation. Where bike lanes and multi-use paths are reopened to the public prior to final restoration, a temporary, all-weather, hard surface patch shall be provided. No person shall fail to repair or restore any public improvement damaged, removed, or destroyed during the performance of any work under a permit issued pursuant to this chapter.
(b) Flowable Fill Required: Flowable fill backfill material, or an equivalent backfill material approved by the city manager that provides an incompressible, settlement-free, stable surface satisfying the design and construction standards adopted by the city, shall be used to restore all trenches that have been excavated in the paved or traveled portion of any public street or alley.
(c) Rock Backfill Material Permitted: The city manager may permit an applicant to use rock backfill material in lieu of flowable fill backfill material on streets that are designated "local" in the Transportation Master Plan, provided all of the following conditions are satisfied:
(1) Prior to issuance of a permit for work activity in the public right-of-way or public easement, the applicant must request and receive city manager approval for the use of the rock backfill material;
(2) The work activity requires trench excavation in excess of five feet in depth;
(3) The trench excavation is along a parallel alignment beneath the paved roadway or travel lane, and does not include any perpendicular or diagonal trench excavation across the paved roadway or travel lane;
(4) The type, gradation, placement, compaction, and testing of the rock backfill material shall meet or exceed all requirements specified in the design and construction standards adopted by the city; and
(5) The applicant shall warrant the restoration of the public street for a period of three years as set forth in section 8-5-6, "Public Improvement Warranty," B.R.C. 1981.
(d) Subsurface or Pavement Failures: In the event that subsurface material or pavement over or immediately adjacent to any excavation should become depressed, broken, or fail in any way at any time after the excavation has been completed, the city manager will notify the permittee of the condition, location, and required remedy for the street failure, and the permittee shall repair or restore, or cause to be repaired or restored, the street failure to the satisfaction of the city manager within three days of such notice. The city manager may extend the time for the permittee to repair or restore the affected public street.
(e) Repair by the City: In the event that any person or permittee fails, neglects, or refuses to repair or restore any condition pursuant to the city manager's notice as set forth in subsection (d) of this section the city manager may repair or restore, or cause to be repaired or restored, such condition in such manner as the city manager deems expedient and appropriate pursuant to the following:
(1) Any such work performed by the city shall be billed to the permittee to recover the cost thereof plus up to fifteen percent of such cost for administration. The permittee shall pay all such charges within thirty days of the statement date. If the permittee fails to pay such charges within the prescribed time period, the city may, in addition to taking other collection remedies, seek reimbursement through the warranty guarantee;
(2) The permittee shall be barred from performing any work in the public right-of-way or public easement, and under no circumstance will the city issue any further permits of any kind to said permittee, until such time that all outstanding charges have been paid in full; and
(3) Repair or restoration by the city in accordance with this subsection shall not relieve the permittee from liability for future failures at the site of the repair or restoration.
(Ordinance No. 7088 (2000))
8-5-13 Construction and Restoration Standards for Newly Constructed or Overlayed Streets.
(a) Prohibition of Excavation in Newly Constructed Streets: No person shall excavate an area in the pavement of any public street for a period of three years from the completion of construction or resurfacing except in compliance with the provisions of this section.
(b) Application: Any application for a permit to excavate in a public street with surface paving less than three years old shall contain the following materials:
(1) All permit application requirements set forth in section 8-5-4, "Permit Application," B.R.C. 1981;
(2) Detailed and dimensioned engineering plans that identify and accurately represent the paved surface areas that will be impacted by the proposed excavation, including:
(A) The city blocks affected, including the side streets at the ends of the city blocks;
(B) The street width or alley width, including curb and gutter, over the total length of each city block affected;
(C) The location, width, length, and depth of the proposed excavation;
(D) The total area of existing street or alley pavement in each individual city block that will be impacted; and
(E) The total area of proposed street excavation in each individual city block that will be impacted by the proposed excavation; and
(3) A written statement addressing the criteria for approval.
(c) Criteria for Approval: No permit for excavation in the right-of-way shall be approved unless the city manager finds that:
(1) Boring or jacking under the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts;
(2) Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable;
(3) The proposed excavation cannot reasonably be delayed until after the three-year deferment period has lapsed; and
(4) The proposed excavation is necessary to remedy an immediate threat to the public safety or the restoration of a utility service.
(d) Exemptions for Emergency Operations: Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer utility service. City and non-city-owned utility companies with prior authorization from the city manager to perform emergency maintenance operations within the public right-of-way shall be exempted from obtaining the above specified prior written approval from the city manager. The utility company shall submit, as required by subsection (b) of this section, detailed engineering plans no later than five working days after initiating the emergency maintenance operation.
(e) Construction and Restoration Standards for Newly Constructed or Overlayed Streets: For any excavation or opening in a public street or alley in the three-year period following new construction or overlay, trenches shall be filled with flowable fill backfill material, and the streets shall be repaired so as to not reduce the useful life of the pavement in accordance with design and construction standards adopted by the city.
(f) Remediation Requirement: If the total area of the proposed excavation exceeds fifteen percent of the total area of pavement within a block or involves a trench in excess of one hundred fifty feet in length, the applicant shall remediate the damage caused to the pavement. City and non-city-owned utility companies with prior authorization to perform emergency maintenance operations within the public right-of-way, as set forth in subsection (d) of this section, shall submit an engineering plan that complies with the standards set forth in subsection (b) of this section to the city no later than five working days after initiating the emergency maintenance operation. The city manager will review the remediation plan to determine if remediation will be required. Remediation will consist of a curb to curb grading profile and overlay, a centerline to curb grading profile and overlay, or a lane-line to curb grading profile and overlay, whichever is necessary in order not to decrease the average life expectancy of the street or alley surface.
(g) Impact Fee for Loss of Useful Pavement Life: An applicant for a permit to excavate an area in the pavement of any public street with surface paving less than three years old shall pay an additional impact fee for loss of useful pavement life as set forth in section 4-20-6, "Public Right-of-Way Permit and Contractor License Fees," B.R.C. 1981, prior to the issuance of a permit for work in the public right-of-way unless the applicant will be required to remediate pursuant to subsection (f) of this section.
8-5-14 Relocation of Facilities.
If at any time the city requests a person or an owner of an improvement within a public right-of-way or public easement to relocate its facilities in order to allow the city to make any public use of public rights-of-way or public easements, or if at any time it shall become necessary because of a change in the grade or for any other purpose or reason of the improving, repairing, constructing, or maintaining of any street, public rights-of-way, or public easement, or reason of traffic conditions, public safety, or reason of installation of any type of structure of public improvement the city or other public agency or special agency or special district, and any general program for the undergrounding of such facilities, to move or change such person's or owner's facilities within or adjacent to streets or rights-of-way in any manner, either temporarily or permanently, such person or owner shall thereupon, at such person's or owner's cost and expense, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three working days prior to the date the city has notified the permittee that it intends to commence its work or immediately in the case of emergencies. If such person or owner fails to accomplish such work, the city or other public agencies or special district may perform such work at the owner's expense and the permittee shall reimburse the city or other agency within thirty days after receipt of a written invoice. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction at the owner's expense.
8-5-15 Joint Location of Utilities Required.
An applicant for a permit shall cooperate in the planning, locating and construction of its improvements in joint utility trenches or common duct banks with other service providers and the city. The city will provide advance notice to an applicant when it plans to open a trench and each service provider shall provide notice to the city when it plans to open a trench. The service provider and the city will offer to make space available to the other, and to other persons who are subject to the same obligations, at a reasonable cost, consistent with applicable law and this chapter. For the purposes of this section, the city manager will presume that "reasonable cost" will provide the applicant for a permit the recovery of the additional costs of adding the improvements of the person wishing to co-locate utilities in a trench.
Any person maintaining facilities in the public right-of-way or public easement may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. Emergency work is defined to mean any work necessary to restore water, sewer, gas, phone, electric, and cable facilities. Repairs on other facilities in the public right-of-way may also be classified as emergency work by the city manager. The person doing the work shall apply to the city for a permit on the first working day after such work has commenced. No person performing emergency work shall fail to notify the city police and fire departments prior to commencing such work.
8-5-17 Work in the Public Right-of-Way or Public Easement Exempt From Required Permit.
The following work activities do not require a permit under this chapter:
(a) Public Projects: Maintenance and construction of public infrastructure by an employee or official of the city designated by the city manager, or a person under contract with the city and licensed under section 4-6-2, "License Required," B.R.C. 1981.
(b) Private Projects: Maintenance and construction of non-city-owned utilities by public utility companies, their employees or agents, in public utility easements less than fifteen feet in width where no city-operated utilities, transportation, or drainage system improvements are in place.
(c) Maintenance of Landscaping and Surface Improvements: Maintenance by the adjacent property owner of landscaping and surface improvements located within a public easement, or within the public right-of-way as it abuts a property outside of any street section, behind the curb and gutter or edge of pavement. "Maintenance" generally includes, without limitation, watering, mowing, raking, and weeding activities.
(d) Landscaping Materials: Planting by the adjacent property owner of landscaping materials located within a public easement, or within the public right-of-way as it abuts a property outside of any street section, behind the curb and gutter or edge of pavement, involving living materials with root systems that do not extend more than ten inches below grade or have mature heights exceeding thirty inches, non-living natural materials commonly used in landscape development for ground cover, not including any timber, rock, masonry or concrete retaining walls or elevated planting borders, and attendant irrigation systems, that do not extend more than ten inches below grade.
(e) Trees: Planting by the adjacent property owner of trees as set forth in section 6-6-3, "City Manager Will Supervise Planting," B.R.C. 1981.
In addition to any other provisions of this code or other ordinances of the city, the city manager may suspend or revoke a permit issued under this chapter if:
(a) Violations:
(1) The permittee violates any condition of the permit or of any provision of this chapter;
(2) The permittee violates any provision of any other ordinance of the city or state law relating to the work;
(3) The permittee causes any condition or performs any act which constitutes or causes a condition endangering life or damage to property; or
(4) The permittee obtained the permit by fraud or misrepresentation.
(b) Suspension, Revocation and Stop Work Order: A suspension or revocation by the city manager, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public right-of-way. Any suspension or revocation or stop work order may be appealed by the permittee to the city manager under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(c) Stop Work Order for Unauthorized Work: A stop work order may be issued by the city manager to any person or persons doing or causing any work to be done in the public right-of-way without a permit, or in violation of any provision of this chapter, or any other ordinance of the city.
(d) Compliance With Order Required: No person shall fail to comply with the conditions of an order suspending or revoking a permit or an order to stop work.
21 Adopted by Ordinance No. 5919.