Title 13 - Streets and Sidewalks

13.12.440 Permit Requirement.

1. A.
   Except as otherwise provided, no ROW-user may Excavate any Right-of-way or conduct any Repair, construction, or reconstruction of Facilities located within the Right-of-way without first having obtained the appropriate Right-of-way Permit.
2. B.
   There are two exemptions to this provision:

   1. 1.
      Contractors working on the construction or reconstruction of Public Improvements.
   2. 2.
      ROW-users performing Routine Service Operations which do not require excavation in the Right-of-way and do not disrupt traffic for more than four (4) hours.
3. C.
   No Person owning or occupying any land abutting on any Right-of-way shall Construct, maintain, or permit in or on the portion of the public Right-of-way to which such land is adjacent, any fixed Faciltiy, without having obtained the appropriate Right-of-way Permit.
4. D.
   A Right-of-way Permit is required for Emergency situations. If due to an Emergency it is necessary for the ROW-user to immediately perform work in the Right-of-way, and it is impractical for the ROW-user to first get the appropriate permit, the work may be performed, and the required permit shall be obtained as soon as possible during the next City working day.  Emergency excavations shall not be backfilled prior to an inspection and the issuance of a Right-of-way Permit, unless the City Engineer determines safety considerations necessitates otherwise.
5. E.
   No Permittee may Excavate the Right-of-way beyond the date or dates specified in the Right-of-way Permit unless the Permittee:

   1. 1.
      Makes a supplementary application for another Right-of-way Permit before the expiration of the initial permit, and,
   2. 2.
      A new Right-of-way Permit or permit extension is granted.
6. F.
   Right-of-way Permits issued shall be conspicuously displayed by the Permittee at all times at the indicated work site and shall be available for inspection by the City Engineer, other City employees and the public.
7. G.
   Prior to the commencement of excavation, the Permittee shall identify and locate any buried Facilities to be spray painted according to the Uniform Color Code required by the Kansas One Call.
8. H.
   The City Engineer may require excavations by the Permittee to have a metal marker inserted into the excavation of the restored Pavement, which shall identify the ROW-user.
9. I.
   Before receiving a Right-of-way Permit, the Applicant must show proof of any necessary permit, license, certification, grant, Registration, insurance, bond, franchise or any other authorization required by any appropriate Governmental Entity, including, but not limited to, the City, the FCC or the KCC (including but not limited to those prescribed by Chapter 13.55 or Sections 13.12.345 and 13.12.350).
10. J.
    Any ROW-user who is found to be working in the public Right-of-way without a permit will be directed to stop work until a permit is acquired and properly posted at the work site. The only exception allowed is for Emergency Repair work.
11. K.
    Any Permittee found to be working without providing for required safety and traffic control will be directed to stop work until the appropriate measures are implemented in accordance with the City's Traffic Control Regulations.

(History: Ord. No. RW-3296 §11, 2020; Ord. RW-2184, 2000)[Source or prior law: 13.12.020, 13.12.040 & 13.12.050]

Effective on: 1/1/1901