Chapter 12.12
PUBLIC WORK PERMITS
Sections:
12.12.020 Permit – Application.
12.12.030 Permit – Issuance requirements – Work restrictions.
12.12.040 Additional requirements.
12.12.050 Pipelines and underground facilities – Specifications.
12.12.060 Pipelines and underground facilities – Permittee responsibility for moving costs.
12.12.065 Dumpsters and trash bins – Application for permit – Conditions.
12.12.066 Repealed.
12.12.070 Permit – Issuance fee.
12.12.080 Permit – Plan-checking and inspection fees.
12.12.085 Permit – Imposition of additional fee where permit is obtained after work is commenced.
12.12.086 Excavation and encroachment permits.
12.12.100 Performance bond – Amounts designated.
12.12.110 Performance bond – Specifications – Surety bond may be permitted.
12.12.120 Performance bond – Permitted deductions – Procedure.
12.12.130 Certificate of completion – Procedure.
12.12.140 Removal of debris required.
12.12.010 Permit – Required.
No person shall lay pipes or other utilities, construct, repair, excavate, encroach, overload in weight or size, or occupy, with building materials or other items, in or upon any street, alley, public service easement, court, way, easement, or other public place or city right-of-way or property without first obtaining a permit in writing to do so from the city engineer, as provided in this chapter. (Ord. 352 § 1, 1976; prior code § 96.01).
12.12.020 Permit – Application.
A. Any person desiring a permit shall file a written application therefor with the city engineer, which application shall be on a form furnished by the city engineer and under the conditions specified by him in the form.
B. The application or applications may be required for the following general areas:
1. Construction;
2. Excavation;
3. Temporary street occupancy;
4. Temporary street closure;
5. Vehicle overlimit;
6. Right-of-way encroachment;
7. Haul routing;
8. Miscellaneous unlisted work in public property. (Ord. 352 § 1, 1976; prior code § 96.02).
12.12.030 Permit – Issuance requirements – Work restrictions.
No permit shall be issued for any work within a public right-of-way or other public property until the following actions have been taken by the applicant:
A. An application has been submitted in a form acceptable to the city engineer;
B. Plans for the work, if required, have been submitted, examined, and approved by the city engineer;
C. All permit and issuance fees have been paid or provided for in accordance with the provisions of this title;
D. An agreement has been filed with the city to guarantee that the applicant or permittee will perform the work in conformance with the conditions of the permit, the approved plans, and city specifications, and within the specified times, in accordance with the provisions of this chapter;
E. A surety or cash bond, as required by the provisions of this chapter, is deposited by the applicant or permittee with the city engineer as a guarantee of performance under the agreement specified in subsection (D) of this section.
No work shall be performed in a greater amount or quantity than that under the agreement specified in the application and described on the permit. No work for which a permit has been issued shall be commenced unless the applicant or permittee has notified the city engineer at least 24 hours before commencing work, specifying the day, hour, and location at which the work will take place. (Ord. 352 § 1, 1976; prior code § 96.03).
12.12.040 Additional requirements.
No person shall do any of the work for which a permit is required without obtaining the controlling design and construction information from the city engineer and without preparing for review and approval by the city engineer the plans and designs necessary for the proper performance of said work. (Ord. 352 § 1, 1976; prior code § 96.04).
12.12.050 Pipelines and underground facilities – Specifications.
All underground facilities located or installed in public rights-of-way in the city shall be constructed and maintained with a depth of cover established by the city engineer. The city engineer may determine and require, in particular cases, that public safety or convenience requires that depths be variable, that facilities be concrete-encased, that installations be by jacking, boring, and tunneling, and that the hours and days of work be restricted. (Ord. 352 § 1, 1976; prior code § 96.05).
12.12.060 Pipelines and underground facilities – Permittee responsibility for moving costs.
Whenever construction, reconstruction, or maintenance work on any of the public rights-of-way requires the change in grade or alignment of pipeline or conduit, the same shall be immediately moved, at the sole expense of the permittee, upon the request of the city engineer. (Ord. 352 § 1, 1976; prior code § 96.05).
12.12.065 Dumpsters and trash bins – Application for permit – Conditions.
If it is necessary to locate a dumpster or trash bin in the public right-of-way, the placement shall be specifically applied for in the permit application and, if granted, shall be subject to the following requirements and restrictions:
A. When placed in the street, the container shall be placed flush against the curb.
B. When placed in a public alley, a minimum of 12 feet of travel lane must be maintained.
C. Containers shall be placed no closer to a corner return than 100 feet on a residential street and 150 feet on a commercial street. In no instance shall a dumpster impair the sight distance of vehicular traffic in negotiating a turning movement.
D. Containers shall be placed in such a manner as to allow maximum visibility of vehicular traffic entering and exiting driveways.
E. Containers shall have reflectorized tape or buttons so as to make such obstruction visible during evening hours. Should containers not bear reflectorized tape or buttons, lighted or reflectorized barricades shall be placed at the corners of the containers.
F. The length of time that a dumpster may be maintained on a public street or alley shall be two weeks (14 consecutive days), unless a time extension is obtained from the city engineer or his representative. (Ord. 491 § 1, 1985).
12.12.066 Newsracks.
Repealed by Ord. 762. (Ord. 555 § 1, 1988; Ord. 549 § 1, 1988).
12.12.070 Permit – Issuance fee.
Each application for a public works permit shall be accompanied by an issuance fee, as provided in the schedule of fees in the table in BGMC 12.12.090, no part of which shall be returned to the applicant regardless of the action taken on the application. (Ord. 352 § 1, 1976; prior code § 96.06).
12.12.080 Permit – Plan-checking and inspection fees.
In addition to the issuance fee, plan-checking and inspection fees are established, in accordance with the schedule of fees in the table in BGMC 12.12.090, which are to cover the city’s expenses. From time to time, these fees may be changed, altered, or modified by the city council by resolution. (Ord. 352 § 1, 1976; prior code § 96.06).
12.12.085 Permit – Imposition of additional fee where permit is obtained after work is commenced.
The issuance, plan check and inspection fees specified in BGMC 12.12.070 and 12.12.080, in the amounts set forth in BGMC 12.12.090 or as otherwise established by resolution, shall be doubled when work requiring a permit pursuant to the terms of this chapter has been started or carried on prior to obtaining said permit; provided, however, that the maximum additional fee to be charged pursuant to this section for any such permit shall be $500.00. Payment of an additional fee pursuant to this section shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein. (Ord. 589 § 1, 1991).
12.12.086 Excavation and encroachment permits.*
Whenever street reconstruction has occurred within three years immediately preceding a permit request, the permittee shall resurface the entire street within the limits of the longitudinal excavation.
Whenever street reconstruction has occurred within the last five years but not less than three years preceding the permit request, the permittee shall resurface the half street within the limits of the longitudinal excavation.
Whenever a street is slurry-sealed within one year immediately preceding a permit request, the permittee shall slurry-seal the entire street within the limits of the longitudinal excavation.
Whenever a street is slurry-sealed within the last three years but not less than one year preceding the permit request, the permittee shall resurface the half street within the limits of the longitudinal excavation. (Ord. 733 § 1, 2001).
* Code reviser’s note: Ord. 733 originally added this section as BGMC 12.12.090. It has been editorially renumbered to avoid duplication of numbering.
12.12.090 Schedule of fees.
Issuance, plan-checking, and inspection fees shall be assessed according to the following schedule:
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Type |
Issuance |
Plan-Checking |
Inspection |
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Utility service cut |
$10.00 |
None (See Note 1) |
None (included in issuance fee) |
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Main line (includes sewer laterals, excludes pavement replacement) |
$5.00 |
$0.03 per lineal foot with a $10.00 minimum charge |
$0.10 per lineal foot with a $12.50 minimum charge (See Note 2) |
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Curb and gutter |
$5.00 |
a) Less than 50 lineal feet, |
$0.05 per lineal foot with a $10.00 minimum charge (See Note 2) |
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b) Over 50 feet, $0.03 |
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Sidewalk |
$5.00 |
a) Less than 300 square |
$0.03 per square foot with a $10.00 minimum charge (See Note 2) |
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b) Over 300 square feet, |
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Residential driveway |
$5.00 |
None |
$10.00 |
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Commercial driveway |
$5.00 |
None |
$20.00 |
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Curb drain |
$5.00 |
None |
$6.00 |
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Parkway culvert or catch basin |
$5.00 |
None |
$35.00 |
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Alley gutter |
$5.00 |
a) Less than 200 square |
$0.10 per square foot with a $20.00 minimum charge (See Note 2) |
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b) Over 200 square feet, |
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Pavement cut (utility) |
$5.00 |
None |
$0.30 per square foot of trench to be resurfaced (See Note 2) |
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Vehicle overlimit permit (weight, height, or width) |
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a) Single occurrence per vehicle |
$5.00 |
None |
None |
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b) Annual permit, per vehicle, unlimited trips |
$20.00 |
None |
None |
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c) Annual permit, multiple vehicles, unlimited trips |
$75.00 |
None |
None |
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Dumpster or trash bin |
$5.00 |
None |
$15.00 |
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Note l: An issuance fee is charged for each permit issued; however, only a single issuance fee is charged for multiple items included on one permit. For example, a permittee would only pay $5.00 for the issuance of a permit to install curb and gutter and a driveway, providing all work is included in a single application. |
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Note 2: If the inspection fee amount exceeds $100.00, a deposit will be made with the city in the amount of the estimated inspection fee. The permittee will be billed the actual cost of inspection upon satisfactory completion of the work. |
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For permits for work involving major or multiple improvements having an estimated construction cost in excess of $1,000, the issuance fee shall be $5.00. The plan-checking and inspection fee shall be 10 percent of the estimated construction cost, plus $100.00. |
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(Ord. 491 § 2, 1985; Ord. 352 § 1, Table, 1976; prior code Art. VII Ch. 9 Table 1).
12.12.100 Performance bond – Amounts designated.
The city engineer shall not issue any excavation permit or any other permit requiring excavation within public rights-of way or easements until an agreement as provided in BGMC 12.12.030 has been posted, and a cash bond, in the following amounts per excavation, with a $50.00 minimum, has been deposited:
A. For excavation within paved roadway, alley, or easement areas, $2.00 per square foot;
B. For excavation within unpaved roadway, alley, or easement areas, $1.00 per square foot;
C. For excavation within parkway or sidewalk area, whether or not improved with concrete sidewalk, $1.00 per square foot;
D. For all other public improvements, the amount shall be the estimated construction cost, as determined by city engineer. (Ord. 352 § 1, 1976; prior code § 96.07).
12.12.110 Performance bond – Specifications – Surety bond may be permitted.
The cash sums required by BGMC 12.12.100 are to bond for the excavation in the city right-of-way, and to guarantee that the work is done correctly and in conformance with city standards and specifications. In lieu of the cash bond, there may be filed with the city engineer a good and sufficient surety bond, in the sum of the estimated cost of the excavation, backfill and repaving needed, but not less than $500.00; provided, however, that the city engineer may require some combination of a cash deposit and surety bond before issuing the excavation permit to the party desiring the permit. (Ord. 352 § 1, 1976; prior code § 96.07).
12.12.120 Performance bond – Permitted deductions – Procedure.
A. If the work is not performed as specified in the agreement or permit, or not completed, the city engineer may cause any or all of the work to be done, and shall deduct the costs, including expenses for overhead and administration, from the cash bond amount. In addition, he may deduct from the cash bond the necessary amount to cover inspection and other labor charges, and expenses incurred in the completion or repair of the work.
B. In the case where a surety bond has been posted, the city engineer shall prepare a bill for all the expenses incurred, and shall present the bill to the permittee for payment. If not paid within a reasonable period thereafter, and in the event the bill is not paid, the principal and sureties on the bond shall be liable for the amount thereof. (Ord. 352 § 1, 1976; prior code § 96.07).
12.12.130 Certificate of completion – Procedure.
Whenever any work covered by a permit as provided in this chapter has been completed, the permittee shall so notify the city engineer, or his duly authorized representative, in writing. If, after a final field inspection, the work is found to be completed in accordance with the requirements of the permit and all the provisions of this chapter, the city engineer shall issue, if so requested by the permittee, a certificate of completion, which shall contain a statement of the location, nature, and total amount of the work performed under the permit. Upon completion to the satisfaction of the city engineer, or within a reasonable period thereafter, the cash bond, less any expenses as provided in BGMC 12.12.120, the surety bond, or other securities held shall be released. (Ord. 352 § 1, 1976; prior code § 96.08).
12.12.140 Removal of debris required.
No person performing any work under the provisions of this chapter shall fail, refuse, or neglect to remove all material and debris from the public area within a reasonable time of completion and as required for safety and convenience, as determined by the city engineer. (Ord. 352 § 1, 1976; prior code § 96.09).
12.12.150 Appeals.
Any person aggrieved by a decision reached by the city engineer pursuant to the provisions of this chapter may file an appeal from such decision to the city council. The appeal shall be in written form, and shall briefly describe the nature of the decision made and the reasons for the appeal. It shall be filed with the city clerk. Upon receiving such an appeal, the city clerk shall set the same for consideration by the city council at its next most convenient meeting, and shall give the appealing party, and any other person requesting the same, five days’ written notice of the time and place of the hearing, by United States Mail, postage prepaid, addressed to such persons at their last known addresses. The hearing to be conducted by the city council upon an appeal need not be a formal public hearing; provided, that all interested persons shall be given a reasonable opportunity to be heard. The city council shall determine whether the appeal is well founded, based upon the provisions of this chapter, and its decision shall be final and conclusive. (Ord. 352 § 1, 1976; prior code § 96.10).