This article is enacted under the authority of F.S. Ch. 166 and F.S. § 337.401 et seq., and the Charter of the City of Anna Maria for the purpose of establishing regulations for the location, installation and adjustment of certain facilities in city rights-of-way, for the issuance of permits for such work, all in furtherance of the general health, safety, and welfare of the citizens of Anna Maria, Florida.

(Ord. No. 05-631, § 1, 9-22-05)

This article is intended to govern use of city rights-of-way by public and private persons and entities other than the city. The rights-of-way included within the scope of the article include both the improved and unimproved rights-of-way.

(Ord. No. 05-631, § 2, 9-22-05)

Applicant means any person, firm, partnership or corporation who has submitted an application to the city for a right-of-way use permit, but has yet to be granted said permit.

City means the City of Anna Maria, Florida.

Director of public works means the director of public works of the City of Anna Maria, or designee.

Emergency repairs means work which is necessary to immediately preserve life and/or property of inhabitants of the city. The term shall also be used to describe work which is needed to prevent the imminent loss of any utility service or to restore any utility service (including cable television service).

Permittee means any person, firm, partnership or corporation who holds a currently valid right-of-way use permit, said permit having been granted pursuant to section 114-604 of this article.

Public service commission—Regulated essential utility company means Florida Power & Light Company and Verizon, Incorporated. Should any additional regulated essential utility companies install facilities within the city's rights-of-way they shall be included within this definition without further action by the city.

Right-of-way means:

(1)

A strip of land acquired by deed, reservation, dedication, prescription or condemnation and intended to be occupied by or is occupied by a road, crosswalk, railroad, telecommunication facilities, electric transmission line, oil or gas pipeline, drain line or swale, potable water line, sanitary or storm sewer, reuse waterline, cable television facilities, or other similar use; or

(2)

Generally, the right of one to pass over the property of another.

Road means streets, sidewalks, alleys, highways, and other ways either open to travel or use by the public or which the city has the right to open to travel or use by the public. A road includes the roadbed, right-of-way, and all culverts, drains, sluices, shoulders, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of public travel or use.

(Ord. No. 05-631, § 3, 9-22-05)

(a)

Except as otherwise provided in this article or other city or valid law, any work in, or use of, any right-of-way without a valid permit is prohibited. Except as provided by this article, any work in progress in any right-of-way, or use of any right-of-way, without a valid permit, shall be stopped with or without an order from the director of public works until such time as a valid permit is produced on the site. The director of public works, or any other person authorized by the mayor, may issue a stop-work order, which shall have the effect of suspending all work at an un-permitted site until such time as a permit has been issued. Any person receiving a stop work order shall cease all work except for any work needed to ensure safety.

(b)

The director of public works is authorized to approve an application/permit for right-of-way utilization which is in compliance with this article.

(c)

After approval of an application/permit by the director of public works and payment of the required fee by the applicant, a copy of the approved application/permit will be issued to the applicant. The copy of the permit must be available for inspection at all times at the work site while work is being performed. All permits will contain a copy of "Standard Instructions and Conditions", a copy of which is attached hereto and incorporated herein as Exhibit "A". The director of public works may impose additional reasonable conditions on any permitted project, which conditions shall be included in the "Standard Instructions" of that particular project. Changes to the standard instructions and conditions may be approved by director of public works from time to time.

(d)

The permit is valid for a period to be set by the director of public works, not to exceed one year. The expiration date must appear on the permit. Prior to expiration, the permittee may request an extension. The director of public works may grant an extension by issuing a new permit, which permit may not be issued for a period of more than six months. No more than one such extension shall be granted.

(e)

Permits shall not be required prior to emergency repairs but as-built drawings shall be provided in accordance with subsection 114-605(b) below.

(f)

Permits may be issued pursuant to this article authorizing the temporary closure of public rights-of-way in order to facilitate work done in the public right-of-way or on property adjoining or in proximity to the public right-of-way, when such work will or has the potential to be a danger to those persons using the public right-of-way. The director of public works is authorized to attach conditions to such permits including signage, posting of flagmen, or limiting the hours in which the right-of-way may be closed as circumstances dictate.

(Ord. No. 05-631, § 4, 9-22-05)

(a)

An application/permit form required for this article shall be promulgated by the director of public works. The application/permit must be filled in by the applicant pursuant to the directions on the form. Information provided by the applicant shall be truthful. If a permit is issued based on false information, the city may stop work authorized by such permit until such time as acceptable information is provided and processed.

(b)

A sketch shall accompany the application. The sketch, not necessarily to scale, shall reflect a plan view of the proposed work within the right-of-way. It shall show the off-set from the centerline of the right-of-way or road to the proposed work, the road right-of-way and pavement width, the distance from edge of pavement to the location of the work and the location of all known utilities or other improvements within the area of work. One or more typical cross-sections as required to adequately reflect the location of the utility or other work shall also be shown. Additional information such as the location in relation to road and/or driveway intersections, bridges, and other physical features shall be indicated on the sketch and identified. A simple key map showing the location of the proposed facility shall be included either on the sketch itself, or as a separate sketch to assist all concerned with the general location of the installation. Upon completion of the permitted project, permittees shall provide the city with as-built drawings in the event that installed facilities differ in type or location from the drawings as originally submitted.

(c)

Facilities governed by this article and installed within city rights-of-way shall not obscure the field of view of a person who is entering a public road from either an intersecting road or driveway pursuant to city ordinances or standards.

(d)

Equipment cabinets or boxes greater than two feet in height shall be located as far as to the outer edge of the available right-of-way as it is physically possible.

(Ord. No. 05-631, § 5, 9-22-05)

(a)

Subject to satisfaction of and compliance with the requirements of this article, permits will be issued to the following:

(1)

Utility companies (including governmental utilities) that will be maintaining installed utility facilities;

(2)

Government agencies;

(3)

Contractors responsible for the installation of any utility facility or structure subject to these regulations;

(4)

Private citizens, corporations, firms or partnerships with a reasonable and legitimate purpose in using the right-of-way, which purpose poses no threat or danger to the public health, safety or welfare;

(b)

All trades which require a license to practice, including, but not limited to electricians and plumbers, must possess a currently valid license at the time of application. Proof thereof will be required by the director of public works before approval of an application/permit. Permittees exempt from licensure requirements by state or federal law shall not be required to meet this condition.

(c)

City employees or contractors who perform routine maintenance work in city rights-of-way on behalf of the city, are specifically exempt from the permit application process.

(Ord. No. 05-631, § 6, 9-22-05)

(a)

Fees for right-of-way utilization permits shall be set by the city commission by resolution and, except as provided herein, shall be paid by the applicant prior to issuance of the permit. Said fees may be amended, from time to time, by the city commission.

(b)

Acceptable forms of payment are cash, checks and money orders.

(c)

Emergency repairs are exempt from any fee.

(d)

Applicants who have established a regular routine of performing work within city rights-of-way may establish accounts for the purpose of paying fees required by this article at the discretion of the director of public works.

(e)

Fees for permit extensions granted by the director of public works pursuant to subsection 114-605(d) of this article shall be in the amount of one-half the normal permit fee.

(f)

City employees or contractors who are performing work in rights-of-way on behalf of the city, are specifically exempt from the payment of any application/permit fees.

(g)

No fee shall be paid by any applicant exempt from paying such fee by statute, existing franchise agreement, or other legitimate vehicle.

(Ord. No. 05-631, § 7, 9-22-05)

(a)

Prior to the issuance of a permit pursuant to this article, the applicant shall deposit a security bond with the city if the permit authorizes repair, modification, relocation, or installation of public facilities such as drainage, sidewalk, or roadways. The amount of the security bond shall protect the city against loss in the event of the failure of the permit holder to complete the work or make required repairs or restoration of damages involving the work or encroachment authorized by the permits. No bond shall be required from a franchise holder if the franchise agreement provides the city adequate security or if the franchise holder is otherwise exempt from paying a fee.

(b)

A guarantee period is hereby established for a period of two years following completion of the work. During the guarantee period, the permittee shall be responsible for the restoration, repair and maintenance of its work. The bond shall be released to the permittee upon the expiration of the guarantee period.

(c)

For permittees who regularly perform work in city rights-of-way, an annual blanket surety bond, in an amount established by the city commission by resolution, may be deposited with the city to avoid the inconvenience and expense of obtaining individual bonds for each permit requested.

(d)

If the surety on any bond furnished by the permittee is declared a bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida, a permittee shall, within five days thereafter, substitute another bond and surety, both of which must be acceptable to director of public works. Should five business days pass without a permittee establishing a substitute bond and surety, permittee's permit shall be suspended without further action until a proper bond is posted.

(e)

The requirements of this section shall not apply to either public service commission regulated essential utility companies or governmental permittees or to work performed on private facilities located in a public right-of-way.

(Ord. No. 05-631, § 8, 9-22-05)

All roads affected by the permitted work shall be kept open to all traffic by the permittee unless otherwise provided for in the permit. When necessary, traffic may be routed over an approved detour route. The permittee shall keep the portion of the project being used by public traffic in such condition that traffic will be safely and adequately accommodated. The permittee shall furnish, erect, and maintain barricades, warning signs, delineators, flagmen or pilot cars in accordance with the most recent Manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations published by the Florida Department of Transportation. The permittee shall also provide and maintain in a safe condition, temporary approaches or crossings and intersections with trails, paths, roads, streets, businesses, parking lots, residences, garages and similar situations. The permittee shall bear all expense of maintaining the traffic over the section of road undergoing construction and of constructing and maintaining such approaches, crossings, intersections and other features as may be necessary. Materials stored at the site of the work shall be so placed as to cause no obstruction to vehicular or pedestrian traffic. No roadway shall be closed or opened except by express permission of the director of public works or other authorized public agency having jurisdiction, except under emergency conditions; provided, however, that any emergency road closure shall be reported to the police department as soon as practicable. The city is authorized to close any public right-of-way on a temporary basis for good cause.

(Ord. No. 05-631, § 9, 9-22-05)

During the time the permittee is actively engaged in construction, installation or maintenance, the permittee shall be solely responsible for stormwater runoff maintenance, and compliance with all regulations pertaining thereto, and shall not adversely affect the flow of stormwater through existing drainage facilities, the health and safety of the general public, and the use or enjoyment of any real property. Issuance of a city right-of-way permit does not preclude permittee's obligation to obtain any other necessary permits which may involve or regulate stormwater runoff.

(Ord. No. 05-631, § 10, 9-22-05)

(a)

For all permitted work, the permittee shall notify the city public works department no less than 24 hours prior to beginning work, and immediately upon completion of work.

(b)

Backfill, pavement cuts, restoration, testing, etc., may be inspected by the city.

(c)

Underground facilities need not be left exposed for inspection; however, the permittee shall not be relieved from re-excavation or other reasonable measures necessary for the inspection of work.

(d)

Any and/or all items found not to be in compliance with this article shall be immediately corrected by the permittee.

(e)

A copy of the permit shall be available at the site and the inspector shall date and initial the permit during inspection visits.

(f)

The inspector's signature on the completion line on the permit terminates that permit and no further work may be done under the permit except for emergency repairs or repairs as directed by the superintendent of public works.

(g)

The quality and placement of all installations in city rights-of-way shall be in accordance with the Florida Department of Transportation Utility Accommodation Manual, as amended or revised, insofar as those publications are not inconsistent with any other requirement of this article.

(h)

Work on franchisee owned facilities are not subject to city inspection unless made so by standard codes or similar regulation, but any city owned facilities affected by work on franchisee owned facilities, e.g., paving, may be inspected by the city pursuant to this section.

(Ord. No. 05-631, § 11, 9-22-05)

Operations permitted by this article shall be conducted between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Any deviation from these hours requires prior approval from the director of public works. Emergency repairs are excluded from this time restriction.

(Ord. No. 05-631, § 12, 9-22-05)

(a)

The permittee shall insure that all monuments, section corners, and property markers, shall be protected during any approved work or replaced at completion of the permitted work.

(b)

Where any work disturbs areas outside the roadway, the permittee shall insure that the area is completely restored to the condition which existed at the time work began. Sod and shrubbery that is removed or destroyed shall be replaced with equal types and sizes unless otherwise stated in the permit. Grassing and mulching operations are to begin immediately after construction/installation, or as soon as reasonably possible. All trees and/or shrubbery damaged or disturbed during construction shall be replaced by the permittee at its expense, as directed by the director of public works. The director of public works may authorize permanent removal of nuisance plants and any other plants, which block safe visibility. Any plantings by private property owners on their property shall be removed and replaced to the satisfaction of the director of public works and property owner. All debris shall be removed daily by the permittee at its expense unless specifically stated otherwise in the permit.

(c)

Any damage or injury to any road, street, or highway by reason of the exercise of the privileges granted pursuant to a right-of-way use permit, shall be repaired to a condition at least equal to that which existed immediately prior to the infliction of such damage or injury.

(d)

Any existing known utilities that are damaged, destroyed or temporarily removed by the permittee shall be replaced or repaired at the sole expense of the permittee, in accordance with the direction of the owner of the utility.

(e)

The permittee shall insure that work site cleanup and property restoration follows construction/installation operations as soon as reasonably possible. In order to maintain an acceptable site, debris and waste material shall be removed from the site daily. Daily trenching shall be coordinated to provide a minimum overnight trench opening. Site maintenance, along with ongoing cleanup and final property restoration, shall be subject to the direction and approval of the director of public works.

(f)

The requirements of this section shall apply equally to emergency repairs, except at times of natural disasters, in which event restoration and cleanup shall be undertaken as soon as practicable.

(Ord. No. 05-631, § 13, 9-22-05)

(a)

Permits shall be conditioned upon the permittee guaranteeing all restoration work performed under the terms of the permit for a period of two years from the date of completion as certified on the permit by the director of public works.

(b)

Any failure of restoration shall be repaired by the permittee, at the direction of the director of public works, within five working days, unless in the discretion of the director of public works, the urgency of the problem requires a quicker response time.

(c)

Any failure of or damage to any installation in any city right-of-way which, in the opinion of the director of public works, poses a hazard to the traveling public or an impediment to other work in the right-of-way, shall be repaired by the permittee.

(Ord. No. 05-631, § 14, 9-22-05)

The city commission hereby delegates authority to the director of public works to terminate a right-of-way use permit at any time or to demand immediate repair or restoration for any violation of the requirements of this article or for any condition within the permitted area which poses a threat to the health, safety, or welfare of the general public.

(Ord. No. 05-631, § 15, 9-22-05)

The city commission may, in its sole discretion and for good cause shown, waive any of the requirements of this article for any individual applicant or permittee.

(Ord. No. 05-631, §, 9-22-05)

(a)

This article shall apply to rights-of-way under the jurisdiction of the city. It shall not apply to state roads within the city limits unless pursuant to appropriate inter-local agreements.

(b)

The "Florida Department of Transportation Utility Accommodation Manual" (as amended or revised) shall govern the work which requires a right-of-way utilization permit, unless otherwise directed on the permit.

(Ord. No. 05-631, § 17, 9-22-05)

No applicant or permittee shall be excused from complying with any of the requirements of this article or of any permit by any failure of the city upon one or more occasions to insist upon or to seek compliance with such requirements.

(Ord. No. 05-631, § 18, 9-22-05)

The board hereby authorizes the director of public works, to the extent consistent with present law, to promulgate reasonable rules and regulations necessary for the interpretation, clarification, and administration of this article. Any interpretation by the director of public works may be appealed by the applicant or permittee to the city commission within 30 days after the interpretation has been issued by the director's office, by filing a letter with the office of the director requesting an appeal and giving a brief statement of the grounds for seeking the appeal. The director may promulgate a form for filing an appeal, also, and the city commission may adopt a filing fee by resolution. Any action by the director which is not appealed in accordance with this section shall be deemed binding on the applicant or permittee.

(Ord. No. 05-631, § 19, 9-22-05)

This article may be enforced as set forth herein, or by any other authorized means, including a code enforcement action or injunctive relief. The city is authorized to have its fees and costs, including a reasonable attorney fee, reimbursed by the permittee, or other responsible person, in the event the city must enforce this article.

(Ord. No. 05-631, § 20, 9-22-05)