INSPECTION FEES; PROVIDING FOR SEVERABILITY; ALLOWING FOR READING OF THIS ORDINANCE BY TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE.

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA SETTING REQUIREMENTS FOR OBTAINING PERMITS TO WORK IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING FEES AND SURCHARGES; REQUIRING TRAFFIC MAINTENANCE PLANS; REQUIRING SURFACE REPAIRS AND RESTORATION; AUTHORIZING PERMIT CONDITIONS; AUTHORIZING PERMIT DENIALS; DESCRIBING PENALTIES FOR VIOLATIONS; REQUIRING DEPOSITS FOR PROJECTS THAT EXCEED 30 DAYS; AUTHORIZING INSPECTIONS AND INSPECTION FEES; PROVIDING FOR SEVERABILITY; ALLOWING FOR READING OF THIS ORDINANCE BY TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City must insure the structural integrity of its streets, alleys, sidewalks and other public rights-of-way; and, WHEREAS, the City strives to keep its public rights-of-way in a state of good repair and free from unnecessary obstructions; and, WHEREAS, a primary cause for the early and excessive deterioration of public rights-of-way is their frequent excavation by those whose equipment or facilities are located therein; and, WHEREAS, private property owners sometimes find it necessary to utilize public rights-of-way in order to develop their adjacent properties, resulting in obstructions and closures of public rights-of-way; and, WHEREAS, obstructions and closures of public rights-of-way impedes pedestrian and vehicular traffic, extending daily commute times, disrupting local business activity, and discouraging tourism, all of which cause economic losses for the city; and, WHEREAS, the City must maintain safe, clear, and proper traffic control measures on all City streets and other public rights-of-way; and, WHEREAS, the City must ensure that those who obtain rightof-way permits comply with requirements set forth in other City permits governing right-of-way work, including National Pollution Discharge Elimination System requirements for erosion and siltation permits, building permits and staging permits; and, WHEREAS, the City is charged with ensuring that users of the public rights-of-way who are engaged in construction projects on private property comply with City regulations related to erosion and silt control; and,

2 WHEREAS, the City Commission finds that the amendments to the City Code as set forth herein will serve to promote the health, welfare and safety of the citizens of the City of Sarasota. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SARASOTA, FLORIDA: Section 1. The Sarasota City Code, Chapter 30, Article I, Sections and 30-11, are hereby repealed in their entirety. The entire text of said repealed sections is set forth below. Text to be repealed and deleted from the Code appears in 2

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6 Section 2. The Sarasota City Code, Chapter 30, Article I, is hereby amended to transfer Section 30-12, \'Public urination or defacation prohibited," from Chapter 30 to Chapter 21, Article 11, where it shall be numbered as Section without changes to the title or the text of the section. Section 3. The Sarasota City Code, Chapter 30, Article I, is hereby amended by the addition thereto of a new Article 11 consisting of Sections 3-10 through 30-20, to be entitled, "Right-of-way Permits and Fees." Said new Article I1 shall provide as follows: Article 11. Right-of-way Permits and Fees. Sec General right-of-way permit requirements. It shall be unlawful for any person to work in the city right-of-way, make street cuts, park or store equipment or materials, undertake construction, or close or obstruct city streets, alleys, bicycle lanes, public parking spaces, 6..

7 sidewalks, medians, related infrastructure, or other public rights-of-way unless a permit has been obtained from the City Engineer and the required permit fees have been paid. Sec Right-of-way Permit and Inspection Fees Resolution. (a) The City Commission shall adopt a Right-of-way Permit and Inspection Fees Resolution establishing fees for rightof-way permits and inspections that is consistent with, and that references, this section of the City Code. The Rightof-Way Fees Resolution shall be available for inspection in the City's Engineering Department. (b) The Resolution shall incorporate a fee structure that encourages permittees to limit the scope and duration of closures and obstructions of public rights-of-way so as to minimize the impact to city businesses and residents, as well as the general public. (c) The Resolution shall set forth daily fees for the closure or obstruction of streets or alleys, public parking spaces, sidewalks, and parkways, medians or unimproved areas. (d) The Resolution may incorporate surcharges for right-of - way projects that close or obstruct streets or alleys during peak travel times, during peak season, or that involve the closure or obstruction of an arterial, collector or \\A" street; or that close or obstruct public parking spaces during peak season. 7

8 (e) The Resolution may include a set of flat fees for certain short-term tasks that involve minor obstruction of public rights-of-way. Sec Permit process. (a) All permit applicants shall submit to the City Engineering Department an estimate of the number of days the right-of-way project is expected to take to complete, as well as expected dates for beginning and completing the right-of -way project. Permits shall be conditioned on completion of the right-of-way project within this estimated number of days; however, the City Engineer retains discretion to enlarge said estimate if, in his or her reasonable opinion, the work cannot be completed within the estimated number of days. (b) Permittees who fail to complete the right-of-way project within the estimated number of days must notify the City Engineer prior to expiration of the permit in order to obtain an extension. Permittees who continue to work in the right-of-way after permits have expired commit a violation of this ordinance and are subject to penalties described in Section herein. (c) All flat fees, daily charges and surcharges shall be paid by the applicant prior to receipt of the permit. Daily charges shall be calculated by multiplying the daily rate by the number of days set forth in permit conditions for completing the right-of-way project. 8

9 (d) All fees set forth in the Right-of-way Permit and Inspection Fees Resolution shall be cumulative, meaning a permittee shall be charged as many fees and surcharges as are applicable. Sec Maintenance of Traffic Plan. All permit applicants intending to obstruct or close streets or alleys shall submit to the City Engineer a Maintenance of Traffic Plan indicating how traffic circulation will be maintained during the period of closure or obstruction. No permit may be issued by the City Engineer until said plan has been approved. Sec Surface repair or restoration. (a) All right-of-way projects described in section shall be deemed complete only after permittee has repaired or restored the right-of-way to a condition as close to its original condition as possible. All surfaces shall be repaired and restored as prescribed in the latest edition of the Engineering Design Criteria Manual. (b) The City Engineer, in conjunction with the City Public Works Department, may undertake repairs or restorations to the public rights-of-way that were not satisfactorily completed by the permittee. In this event, the City shall be entitled to reimbursement from the permittee for all expenses incurred in the repair or restoration. Sec Permit conditions. (a) The City Engineer may require permittees to comply with certain conditions, as described generally in Section 30-9

10 15(d) herein and as set forth specifically on the individual permit, as is necessary to protect and secure public health, safety and welfare. (b) A failure to comply with permit conditions set forth on an individual permit shall constitute a violation of this Ordinance, subject to penalties described in Section herein. (c) The City Engineer may set conditions that regulate activities within the right-of-way, as well as on private property when work on private property has a significant and negative impact on public right-of-way. (d) Permit conditions may include any or all of the following: (1) compliance with the Maintenance of Traffic Plan; (2) limits on the scope and duration of obstructions or closures ; (3) limits on times of day, days of week, and times of year when work may take place; (4) limits on number of lanes that may be closed or obstructed; (5) limits on the number of parking spaces that may be closed or obstructed; (6) requirements that permittees supply additional nearby parking on property that is not currently being used for public parking; (7) measures for maintaining hardening of haul roads, use clean worksites such as of wheel wash stations, 10

11 use of street sweepers, and use of silt fencing or other material to limit the transporting of dirt and debris; (8) measures to control erosion and sedimentation and/or the discharge of pollutants at the right-of-way site and the construction site; (9) compliance with a construction staging plan; (10) requirements related to the parking of construction equipment; (11) requirements related to parking by construction workers and others employed or retained by permittee; (12) requirements related to storage of equipment and materials; (13) surface repair and restoration requirements; (14) on projects requiring street or alley closures for 30 days or more, requirements that permittee: employ or retain a person on site to oversee parking and traffic conditions. (15) on projects requiring street or alley closures for 30 days or more, requirements that permittee alert occupants of nearby properties, through mailings, meetings and/or signage, of the upcoming or ongoing right-of-way project. (16) on projects requiring street restoration or repair, or in which other City infrastructure is likely to be damaged, a requirement that permittee provide a construction bond or other form of security in an 11

12 amount sufficient to cover the costs of the restoration or repair. Sec Permit denials. (a) The City Engineer may deny a permit to obstruct or close streets or alleys if said obstruction or closure would create substantial traffic or infrastructure problems or cause undue hardships to area businesses, and the applicant has not availed itself of all available options for minimizing said impacts. In determining whether the applicant should be denied a permit, the City Engineer shall consider the following: (1) Whether occupants of neighboring properties can access their homes and businesses; (2) Whether traffic can be successfully rerouted to other streets; (3) Whether neighboring properties would suffer utility outages or whether utility lines or other essential infrastructure would be damaged; (4) Whether access to local businesses would be so difficult or restricted that customers would not attempt to reach the business. (5) Whether the applicant has met with residents, business owners and other affected parties to present the proposal to close or obstruct the right-of-way and discuss possible ways to minimize the impact on affected parties. 12

13 (6) Whether the applicant has paid all outstanding fines and repaired or restored rights-of-way pursuant to previous permits. (7) Whether the applicant will close or obstruct the right-of-way during peak season, December 1 through April 30. (b) Permittees who are denied a permit by the City Engineer may appeal said decision to the City Manager. Sec Penalties for violations. (a) Any person who fails to obtain a permit or extension required by Section 30-10, et. seq., shall be required to pay triple permit fees in order to obtain a permit or may be fined an amount equal to triple the cost the permittee would have paid in permit fees had permittee obtained a permit, including flat fees, daily fees and surcharges. (b) A failure to comply with any provision of Chapter 30, Article 11, including but not limited to a failure to comply with a permit condition, shall constitute a violation of this Ordinance, punishable by any or all of the following: (1) Prosecution pursuant to Division 5, Code Compliance System, Section 2-306, et. seq., and the imposition of civil penalties, fines and costs as set forth therein; (2) the suspension or the revocation of the permit by the City Engineer, such that all work occurring within public rights-of-way shall cease except for work required to remedy the violations; 13

14 (3) issuance of a stop-work order by the City Building Official; (4) the withholding of additional rights-of-way permits by the City Engineer and/or the withholding of temporary or final Certificates of Occupancy by the City Building Official until all of the following have occurred: (i) the permittee has remedied the violation(s) ; (ii) all outstanding fines have been paid in full; (iii) the permittee has satisfactorily completed all surface repairs and restorations. (c) Notwithstanding the above, violations of Chapter 30, Article 11, are considered unlawful and may be prosecuted by the city pursuant to Chapter 1, Section 1-11 of the City Code. (d) The City reserves the right to enforce Chapter 30, Article I1 by any lawful means. Sec Deposits for projects exceeding 30 days (a) All those applying for right-of-way permits for projects estimated to take 30 days or longer, or those who do not complete right-of-way projects within 30 days, shall submit to the City Engineer a right-of-way deposit. Such deposit shall consist of security in the form of a cashier s check, bond or letter of credit equal to 0.5% (one-half of one percent) of the total cost of the construction project necessitating the closure or obstruction of public right-ofway

15 (b) The right-of-way deposit shall be used by the City in the event permittee fails to pay any permit or inspection fees, fails to pay fines levied for violations, or fails to reimburse the City for surface repairs or restoration. (c) Upon completion of the right-of-way project, payment of all fees and fines, and satisfactory completion of any surface repairs or restorations, or upon expiration of the permit if no work ever commences, all forms of security shall be returned or refunded to the permittee. Sec Inspections (a) The Engineering Department is authorized to conduct an initial and a final inspection for each project permitted pursuant to Section 30-10, as well as additional inspections as set forth in this Section. (b) The City Engineer may require additional inspections, to occur as often as once per week, if the right-of-way project requires a maintenance of traffic plan or if the project exceeds 30 days. (c) The City Engineer may require additional inspections of any right-of-way project for any of the following reasons: (1) because permittee was not available at the site or because permittee submitted an incorrect address to the Engineering Department; (2) because permittee s work did not comply with applicable codes and had to be corrected; (3) because permittee had not completed work prior to calling for an inspection; 15

16 (4) because permit or code violations were allegedly occurring at the site or because such violations had been discovered in a previous site visit or inspection. (d) Fees for inspections shall be as set forth in the Rightof-Way Permit and Inspection Fees Resolution. All inspection fees shall be paid in full prior to inspection approval being given by the Engineering Department. Sec Exemptions. The following activities are exempt from the provisions of Article 11, Right-of-way Permits and Fees, Section 30-10, et. seq.; however, those who engage in these activities must obtain a permit (which may contain conditions related to traffic, right-of-way restoration and other health and safety-related matters) from the City Engineer prior to working or using public right-of-way: (a) Federal, state, county, city or other local government pro j ect s ; (b) Work by a communications company or other utility pursuant to a franchise agreement or registration as described in Ordinance ; (c) Work permitted by a franchise agreement, encroachment agreement or other contractual agreement with the city. (d) Special events approved by the City or governed by a separate permit. Section 4. Should any section, sentence, clause, part or provision of this Ordinance be declared invalid or unenforceable by a court of competent jurisdiction, the same shall not affect 16

17 the validity of this Ordinance as a whole, or any part hereof other than the part declared to be invalid. Said provision declared to be invalid shall be deemed severed from the remaining provisions of this Ordinance. Section 5. Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This ordinance shall take effect immediately upon second reading. PASSED on first reading by title only, after posting on the bulletin board at City Hall for at least three (3) days prior to first reading, as authorized by Article IV, Section 2, Charter of the City of Sarasota, Florida this 7th day of May, PASSED on second reading and finally adopted this 21st day of May, ATTEST : I3 A * Billy e. Robinson, CMC City-Auditor and Clerk city atty/ordinances/2007/ (permits in ROW)sew/lg/ ".