CHAPTER 05 Title 8 Public Right of Way Const
CHAPTER 5
PUBLIC RIGHT OF WAY CONSTRUCTION
SECTION:
8-5-1: Definitions
8-5-2: Permit Required
8-5-3: Insurance
8-5-4: Submission of Application for Permit
8-5-5: Location Procedure
8-5-6: Completion of Work and Backfilling
8-5-7: Time to complete Repairs
8-5-8: City Engineer to Review Existing and Future Use of Right of Way
8-5-9: Maintenance and Safeguards
8-5-10: Warranty of Repairs
8-5-11: Repairs by City
8-5-12: Remedy for Noncompliance
8-5-13: No Duty
8-5-14: Permit for Open Access
8-5-15: License Fee
8-5-16: Emergency Repairs
8-5-1: DEFINITIONS: For the purposes of this chapter, certain terms shall have
the meanings ascribed below:
The Underground Facilities Damage Prevention Act as
ACT:
set forth in Idaho Code Section 55-2201, et seq.
CONSTRUCTION: The construction, placement or laying of any asphalt or
concrete pavement, sidewalk, driveway, curb, gutter,
water line, sanitary sewer line; storm drain line,
telephone line, electrical line, cable TV line, gas line or
any conduit or facilities used in relation to the above
mentioned services, or any other structure or facilities in
any street, alley, easement or other public right of way of
the City.
EXCAVATION: Any operation in which earth, rock or other material in the
ground is moved or otherwise displaced by any means,
including, but not limited to explosives.
EXCAVATOR: Any person who engages directly in excavation.
REPAIR: The improvement, alteration, modification, or
replacement of any asphalt or concrete pavement,
sidewalk, driveway, curb, gutter, water line, sanitary
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sewer line, storm drain line, telephone line, fiber optic
line, electrical line, cable TV line, conduit, gas line or any
other structure or related facilities in any street, alley,
easement, or other public right of way of the City.
UNDERGROUND FACILITY: Any item buried or placed below for use in connection
with the storage, conveyance or transmission of potable
water, waste water, electronic communications, data,
radio frequency, light, cable television, electrical energy,
petroleum products, gas, gaseous vapors, hazardous
liquids, or other substances, including, but not limited to
pipes, sewers, conduits, cables, valves, lines, wires
manholes, attachments, and those parts of poles or
anchors located below ground.
All days except Saturdays, Sundays, and legal City
WORKING DAYS:
holidays.
WORKING HOURS: The hours from eight o'clock (8:00) a.m. to five o'clock
(5:00) p.m. of any working day.
8-5-2: PERMIT REQUIRED: No person shall engage in any construction,
repair, improvement or excavation in any street, alley, easement, or other public right of
way within the City without first obtaining a permit to be approved by the City Engineer or
their designee and issued by the City Clerk or their designee for such construction,
repair, improvement or excavation. The issuance of a permit by the City and the
acceptance of said permit by the licensee shall constitute acceptance by the licensee of
all provisions of this chapter in addition to all obligations created by the enactment of this
chapter.
Exceptions: Unless facts exist which would reasonably cause an excavator to
believe that an underground facility exists within the depth of the intended excavation, a
permit shall not be required for the following excavations:
(A) The tilling of soil to a depth of less than 15 inches for agricultural purposes;
(B) For placement of highway guardrail posts, sign posts, delineator posts,
culverts, electric poles, telephone poles, and traffic control device supports
in the same approximate location and depth of the replaced item within a
public highway right of way.
Any violation of the provisions of this section shall be deemed to be an infraction and
subject to section 1-4-2 of the Ammon City Code.
8-5-3: INSURANCE: No permit shall be issued pursuant to this chapter
unless the applicant presents with the application, or has on file with the City Clerk, a
certificate of insurance from an insurance company qualified to write insurance contracts
within the State of Idaho, certifying that the applicant has a policy of public liability
insurance in an amount of not less than five hundred thousand dollars ($500,000) single
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limit liability for personal injury, death, and property damage; provided, however, if the
work to be done under the permit is limited to excavation in an easement situated
entirely on private property or is for construction of a concrete sidewalk, driveway, or
curb and gutter within a street right of way, but parallel with and adjacent to private
property, the amount of such insurance shall be not less than one hundred thousand
dollars ($100,000) single limit for personal injury, death, and property damage. Said
insurance policy shall contain a clause requiring that the City be given at least thirty (30)
days advance written notice in the event of expiration or anticipated cancellation. The
permit shall be revoked at the time such insurance expires or is canceled unless a
certificate of comparable insurance is filed with the City Clerk prior to the time of cancel-
lation or expiration of the original policy of insurance.
8-5-4: SUBMISSION OF APPLICATION FOR PERMIT: All
applications shall be submitted to the City Clerk or their designee for processing.
A. All submissions shall be submitted on an application form approved by the City
Clerk.
B. All submissions shall be submitted to the City Clerk, at least ten (10) days prior to
the contemplated construction within the public rights-of-way.
C. All applications shall include specific type and location descriptions for the
proposed lines or facilities, including details where the proposed lines or facilities
shall be located within the public rights-of-way and the construction methods to
be used for the proposed installation. Applications shall include maps as
required by the City Engineer. Additional information may be required as
necessary for approval by the City Engineer.
D. As required by the City Engineer, a traffic control plan shall be submitted for any
project that will involve obstruction of the roadway surface, including the shoulder
of said roadway.
E. After receival, the City Clerk shall send the request to the City Engineer who shall
review the application. Upon approval of the City Engineer, the City Clerk shall
notify the applicant and prepare a copy of the approved right of way permit.
F. The City Clerk will notify the applicant of approval or denial of a permit.
Notification may be done via email or USPS mail at the request of the applicant.
G. All permits and applications shall be kept on file in the City Office as required by
Idaho State retention laws.
H. No permit shall be issued until all required documentation has been received in
the office of the City Clerk and approved by the City Engineer or their designee.
8-5-5: LOCATION PROCEDURE: Prior to excavation the applicant
shall order an underground facilities location from the designated one-number locator
service for the City of Ammon. Such notification shall meet all the requirements of Title
55, Chapter 22 of the Idaho State Code.
8-5-6: CITY NOTIFICATION PROCEDURE: Notice shall be given not
more than forty-eight hours (48) nor less than twenty-four (24) hours prior to
commencing construction, repair, or excavation. If the permitee, after commencing
work, shall cease construction, repair, or excavation for more than one working day, then
notice shall again be given to the Director of Public Works or a designated
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representative not more than forty-eight (48) hours nor less than twenty-four (24) hours
prior to the time when construction, repair, or excavation shall again commence. In the
event the City is providing the location service, there will be a maximum of two (2)
locates done at no charge for any single location. Any locates requested above two (2)
shall be charged at a rate as adopted by resolution of the Council
8-5-7: COMPLETION OF WORK AND BACKFILLING: Any permit
issued pursuant to this chapter carries with it an obligation to respect orderly
management and maintenance of public rights-of-way by the applicant. An applicant
authorized hereby to use public rights-of-way shall employ sound construction practices
to maintain the integrity of public improvements and preexisting rights-of-way conditions
and shall be responsible for repair or replacement of any improvements or maintenance
or restoration of any conditions disrupted by construction activities. The applicant shall
cause any such repair or replacement to be made promptly and in a manner that
complies with adopted standards or as is otherwise appropriate to restore the rights-of-
way to conditions existing before installation. All work shall be expeditiously performed
and completed as soon as reasonably possible. Upon completion of construction or
repair, the permitee shall promptly backfill any street, alley, easement, or other public
right of way in which permitee has made any excavation. Such backfilling shall be done
in accordance with the City Standard Drawings and Engineering Specifications adopted
by ordinance or resolution of the City.
8-5-8: TIME TO COMPLETE REPAIRS: Permanent asphalt repairs
shall be completed by the permitee not later than three (3) days after the excavation has
been backfilled, unless otherwise authorized by the Director of Public Works or a
designated representative. If weather conditions prohibit permanent repairs, the Director
of Public Works or a designated representative may authorize the use and installation of
temporary cold patches. Such temporary cold patches shall be replaced by the permitee
as soon as weather permits. The permit issued by the City Clerk shall provide a
signature line for the closing of all permits issued. The Director of Public Works or their
designee shall sign off acceptance of the completion of repairs on all permits issued
stating the repair has been completed to City standards and closing the permit. Signed
permit shall be submitted to the City Clerk for record keeping.
8-5-9: CITY ENGINEER TO REVIEW EXISTING AND FUTURE USE OF RIGHT
OF WAY: The City Engineer or their designee, as part of the review of an
application shall review the existing and proposed future public utilities or municipal
services within the right of way. Such review shall endeavor to minimize conflicts and
avoid damage to existing or otherwise planned facilities.
8-5-10: MAINTENANCE AND SAFEGUARDS: The permitee shall
continuously maintain the construction, repair, or excavation site in a safe condition and
keep the site free from any condition that may cause risk of harm to any person or
property at all times after the work has commenced and until all work, including
permanent patching, has been completed and accepted by the City according to the
requirements of section 8-5-8 of this chapter. During such time, permitee also shall
provide, install, and continuously maintain proper safeguards, signs, and barricades at
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the construction, repair, or excavation site. Such signs and barricades shall conform to
the requirements and standards set forth in the most recent edition of the Manual on
Uniform Traffic Control Devices published by the U.S. Department of Transportation,
Federal Highway Administration, or any other manual adopted by the Idaho Department
of Law Enforcement pursuant to the provisions of Idaho Code Section 49-201 and any
traffic control requirements of the permit.
8-5-11: WARRANTY OF REPAIRS: The permitee shall warrant to the
City the adequacy and continued satisfactory condition and function of all backfill and
permanent patches installed by permitee or by any agent or employee of permitee for a
period of one year after the permanent patch has been accepted by the Public Works
Director. Such warranty shall extend only to any unsatisfactory condition or function
caused by inferior design, workmanship, and materials furnished by permitee or by any
agent or employee of permitee. Warranty of repair time frame shall not begin until a
request has been filed and an acceptance letter from the City has been approved by the
Public Works Director, a copy of which shall be kept on file in the City Clerkâs office.
8-5-12: REPAIRS BY CITY: If the permitee fails to install permanent
patching within three (3) days after completion of backfill, or if the permitee fails to honor
the warranty set forth in the preceding section after demand by the City, the City may
complete the work and make such repairs. If such repairs are completed by the City, the
City may charge the cost of the repairs to the permitee. The cost of repairs shall be
based upon the actual charges and cost to the City of repairs at the time the repair was
completed. If the permitee is charged with the City's costs of repairs, the permitee shall
pay such cost within five (5) days after the City has given written notice to permitee of
the cost.
8-5-13: REMEDY FOR NONCOMPLIANCE: If any permitee fails to
perform any duty imposed by this chapter or if any permitee fails to pay cost the costs
assessed pursuant the preceding section within the time provided therein, the City, at its
option and upon prior written notice to permitee, may cancel or revoke all permits held
by the permitee, and deny issuance of further permits for construction, repair, or
excavation in public rights of way or easements of the City to the permitee or the
company they represent.
8-5-14: NO DUTY: Nothing in this chapter shall be deemed or construed to
impose any private duty or obligation upon the City to properly or accurately locate any
utility line or facility or to insure a result of the failure of any permitee to comply with the
provisions hereof.
8-5-15: PERMIT FOR OPEN ACCESS: A permit issued to the applicant shall
grant open, comparable, nondiscriminatory and competitively neutral access to the
public rights-of-way within the City of Ammon jurisdiction.
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8-5-16: LICENSE FEE: The City may impose a permit fee on an applicant
relating to the opening, closing, inspection or repair of public rights-of-way over which
rights-of-way the City has jurisdiction. Any fee established shall be determined by a
schedule of fees adopted by the City Council by resolution which may be amended from
time to time.
8-5-17: EMERGENCY REPAIRS: In cases of emergency repairs, the
Contractor may proceed with the necessary repairs without a request for a permit under
the following conditions.
1. Except under extreme circumstances all location requirements much be met.
2. A request for a permit and explanation of the emergency shall be submitted
on the first working day after the emergency repair has been performed. All
other terms of this chapter shall be met when submitting for a permit for
emergency repairs.
3. Documentation, as required by the City Engineer shall be submitted as part of
the explanation of an emergency repair.
4. NO extension of lines or facilities shall be performed on an emergency repair.
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