HomeMy WebLinkAbout2001-093 - Implementation of Chapter 250 to the Municipal CodeBILL NO. 2001-93
ORDINANCE NO. 2001-93
RIVERSIDE POLICY FOR IMPLEMENTATION OF CITY CODE CHAPTER 250:
RIGHT-OF-WAY AND COMMUNICATIONS ORDINANCE
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Adn/~tecl Augus~ ~~, 2001
This Implementation Policy is adopted with regard to Chapter 250, Right-of-Way and
Communications Ordinance (the "Ordinance"), adopted by the City of Riverside (the "City"), in
the Spring of 2001. In the Summer of 2001, the Missouri Legislature passed, and the Governor
signed into law, Senate Bill No. 369 which largely impacted the access of utility companies to
public ways, as well as municipal control and management of the same. Senate Bill 369 affects
many provisions of the Ordinance, and therefore this policy is being implemented in order to
ensure compliance with Missouri State law.
The Ordinance is intended to allow the City to manage and regulate use of and
construction in the public right-of-way in accordance and compliance with state law. This
management and regulation will involve several key issues addressed in the various articles of
the Ordinance. Due to state law provisions, certain sections of the Ordinance require specific
guidelines for enforcement. Therefore, the issues expressly addressed in the following
provisions should be followed with the regard to the specific Article and Section identified.
Those Sections of the Ordinance not expressly addressed in this policy should be followed,
implemented and enforced as expressly written in the Ordinance.
1. ARTICLE I: General
a. Section 1.5, which requires all entities desiring to use, operate or locate in a
public way to obtain a Public Ways Use Permit, shall be waived by the City. However,
though the Use Permit requirement is waived, all those wishing to "use" a public way for
construction or installation must register with the City pursuant to Article 2 of the
Ordinance and apply for and obtain a Construction Permit pursuant to Article 4 of the
Ordinance. Furthermore, all utilities and entities undertaking construction activity
pursuant to Articles 4, 8, and 9 must comply in full with all fee and cost requirements
delineated in, and imposed by, Article 7.
2. ARTICLE 2: Registration
a. Each utility seeking a Construction Permit will be required to comply with
Article 2 on registration. Any information provided in the Construction Permit
application which is also required in the registration process need only be provided in one
of the two filings. In addition, if a utility's or other entity's first interaction with City
right-of-way is due to construction, this registration and the construction permit
application may be filed simultaneously but in separate docu»aents. Each registration or
application submitted by individual right-of-way users should be collated and maintained
in one master file. Any later filings, whether annual reports, re-registration, Construction
Permit applications or other correspondence should be checked against that which is
already on file for accuracy and modifications and updated when necessary.
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b. The $100.00 registration fee, imposed by Section 2.3 to cover the City's cost of
processing, checking, filing and maintaining data on right-of-way users, may be paid at
the same time, and within the same payment instrument, as the application fee. However,
the Registration Fee should not be waived, even if Registration is completed
simultaneously with a Construction Permit application.
3. ARTICLE 4: Construction Permit
a. Proper implementation of this Article is critical to ensure that the City is able to
properly manage its rights-of-way, and to ensure that the cost of such management is
accurately and fairly apportioned. In processing applications, the City will not require
applicants to obtain and present a Public Ways Use Permit; however, proper processing
of these applications allows the City to impose appropriate Management (User) Fees
pursuant to Section 7.8. Thus, all applications should be checked for completeness, and
should specifically be examined for dates of construction.
b. The requirements regarding the submission of data in Sections 4.3.4 and 4.3.5
will only be required in the form the data is maintained, if at all, by the permit applicant.
c. The "User Fees" addressed in Section 4.3.11 will be charged as, and should be
paid according to the policy set out in Article 5 of this policy, a "Management Fee."
d. Under Section 4.4, the City, the Public Ways Inspector and other appropriate City
employees shall, within thirty-one (31) days of receiving an application, process the same
and notify the applicant of its approval or denial In addition, the City should make
reasonable efforts to notify the applicant in the interim of whether the application is
complete or which additional documents or information are needed to fully process the
application.
e. Under Section 4.7, the City shall waive its right of mandatory denial of a
Construction Permit application where an applicant has failed to provide proof that it has
obtained a User Permit. However, the City shall deny any Construction Permit if the
applicant is delinquent in payment of Management Fees or other fees imposed by the
City.
£ Under Section 4.7.2, the City may permissively deny a Construction Permit
application for the following reasons:
(i) The applicant has failed to provide all necessary information requested by
the City;
(ii) The applicant failed to return the public right-of way to its previous
condition in a prior construction instance;
(iii) The City has provided the applicant a reasonable, competitively neutral,
and non-discriminatory alternative method for performing work identified
in the application or an alternative route for installation, neither of which
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results in additional installation expense to the utility in excess of ten
percent nor a declination of service quality;
(iv) The City determines that denial is necessary to protect the public health
and safety; or
(v) The area proposed for construction by the applicant is environmentally
sensitive as defined by Missouri State Statute or federal law, or is a
historic district.
g. If an applicant is denied a Construction Permit under Section 4.7, the applicanC
may make a written request to the Board of Aldermen that such board review the denial.
Such written request for review must be made within five (5) business days of such
denial. After receiving this written request for review, the Board, or the entity delegated
this duty thereby, shall issue a written decision supported by written findings affirming or
overturning the denial. Upon affirmation of the denial, the Board or its designee may, but
is not obligated to, agree to enter into mediation or binding arbitration to resolve any
remaining issues. The City agrees that it shall pay all of its own costs, disbursements and
attorney's fees related to arbih~ation. All arbitration/mediation issues shall be addresses
and resolved as provided in RSMo. § 67.1838.
h. If Che City revokes a permit pursuant to Section 4.10, the permit holder shall have
the right to appeal to the Board of Aldermen as provided directly above according to
Section 4.7 regarding denial of applications.
i. This right to appeal shall also be available for probation actions taken by the City
pursuant to Section 4.10.4.
j. This right to appeal shall also be available in instances of automatic revocation
pursuant to Section 4.10.5.
4. ARTICLE 5: Public Ways Use Permit
a. The City shall waive the general requirement of Article 5 that Users of the public
right-of-way obtain a Public Ways Use Permit. The City will impose, however, a
Management Fee according to and as provided in this Section based upon a Linear Foot
equation found in Section 7.8.
b. Sections 5.1 and 5.2 shall be waived because the information and documents
required in Registration and Construction Permit applications shall be sufficient to allow
the City to maintain the appropriate data files. Because of this waiver, Sections 5.3
through 5.8 and Sections 5.11 through 5.19 are inapplicable.
c. Section 5.9, related to reporting obligations, shall remain in effect in that each
utility performing construction work in a public right-of-way shall comply with Section
5.9 each year in which any construction is undertaken, even if the construction activity is
limited. All requirements regarding mapping data (Section 5.9.3) shall only be enforced
to the extent that the utility maintains such data and the utility shall not be required to
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provide data in any form or method which is not the current method or practice of the
utility.
d. The compensation to the City required under Section 5.10 shall be enforced
according to Article 7 of this policy.
5. ARTICLE 7: Fees and Compensation
a. The Section 7.2 $100.00 Registration fee shall be collected according to the
provisions of Article 2 of this policy.
b. The City shall waive the Public Ways Use Permit application fee provided in
Section 7.5.
c. The City shall impose the "User Fee" as a Management Fee under Section 7.8,
but only in that manner described in Section 7.8.1.2, regarding Linear Feet, and in
compliance with RSMo. § 67.1846. The City shall impose the Management Fee on each
entity performing work in the right-of-way for each month, pursuant to Section 7.8.3,
construction is performed.
d. The City shall impose the Management Fee according to payment, late payment
penalties and other management provisions of Sections 7.8.2-7.8.8.
e. In accordance with the provisions of Section 7.8, any utility or other entity paying
the Management Fee shall be entitled to a credit against the Management Fees due to the
City proportionate to payments made to the City with regard to the gross receipts tax.
This credit shall only be good for those payments made during or for the same months in
which Management fees are paid.
6. ARTICLE 8: Conditions of Grant
a. Any proposed construction or installation of facilities in the right-of-way should
be reviewed and approved by the City pursuant to the general provisions of Article 8.
Certain sections of that Article, however, shall be waived or modified as expressly stated
below. If an Article 8 section or issue is not directly addressed, it should be followed
and enforced as expressly provided in the Ordinance.
b. Should a utility or other entity request an installation or construction route or plan
not in compliance with the Administration's plan addressed in Section 8.1.2, the City and
its representatives should make reasonable efforts to reach an agreement or compromise
regarding an alternative method or route agreeable to the utility or other entity. In such
negotiations, the City should endeavor to secure an agreement which imposes neither an
additional expense in excess of ten percent to the utility nor a material declination in
quality of utility service. This same approach to approving, negotiating and discussing
location and installation of facilities, as well as the maintenance and repair thereof,
should be implemented with regard to Sections 8.1.3.1 through 8.1.3.3.
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c. Any bonds, insurance, guarantees or other similar instruments or issues addressed
in Article 8 shall be handled by the City pursuant to the policy delineated in the
Miscellaneous Provisions.
7. Miscellaneous Provisions
a. Bonds and Insurance. The City shall require construction performance bonds,
surety bonds, insurance coverage (or demonstration of self insurance) and other types of
guarantee under Articles 8 and 9 of all Construction Permit applicants, unless such
applicant has net assets in excess of $25 million and does not have a history of non-
compliance with the City's right-of-way regulations.
b. Guarantee. The City shall require that all utilities to which a Construction Permit
has been granted guarantee the restoration of all construction undertaken in Che right-of-
way for a period of four (4) years following completion of such construction.
THIS POLICY ADOPTED THIS-DAY OF AUGUST, 2001.
.~x ~Zc ~~ CL'z~c~G ~
Mayor of Riversi e
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erside City Administrator
ATTEST:
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Riverside City Clerk
APPROVED AS TO FORM:
- -~
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City Attorney for City of Riverside
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