ARTICLE 6. RIGHT-OF-WAY PERMIT REQUIREMENTS AND CONTRACTOR RESPONSIBILITIES
12-601 Right-of-Way Permit Policy.
The City of Eudora regulates all work performed within any city right-of-way (ROW). The policy contained in this article contains all the specifications, requirements and administrative procedures that must be followed when working in the right-of-way. Copies of this Policy are available at City Hall, 4 East 7th Street, Eudora, Kansas, during normal business hours.
(Ord. 949; Code 2016)
12-602 Permits.
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. There are two exemptions to this provision:
Contractors working on the construction or reconstruction of public improvements on behalf of the city.
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.
Application for a right-of-way permit shall be submitted to the Right-of-Way Official by either the ROW-user or by the person who will do the work and/or excavation in the right-of-way. Right-of way applications shall contain the following:
Compliance with verification of registration;
Submission of a completed permit application form, including all required attachments and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed facilities at such location;
A traffic control plan;
Payment of all money due to the city for permit fees and costs, for prior excavation costs, for any loss, damage or expense suffered by the city because of the applicant’s prior excavations of the right-of-way or for any emergency actions taken by the city, unless the payment of such money is in dispute and timely appealed as provided hereafter.
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. Single right-of-way permits shall have a maximum project length of 1,200 feet. Projects exceeding 1,200 feet in length shall obtain multiple permits.
(Ord. 949; Code 2016)
12-603 Notification.
At the discretion of the Right-of-Way Official, the permittee may be required to notify the occupants of all properties within two hundred feet (200’) of the excavation prior to the commencement of such excavation. Door hangers shall be sufficient to satisfy such notification requirement.
At the discretion of the Right-of-Way Official, the permittee may be required to notify the Eudora Police Department and the local fire department of the schedule and location of such excavation prior to the commencement of such excavation.
The permittee shall notify the city no less than three (3) working days in advance of any construction, reconstruction, repair, location or relocation of facilities which would require any street closure or which reduces traffic flow to less than two (2) lanes of moving traffic for more than four (4) hours. Except in the event of an emergency as reasonably determined by the permittee, no such closure shall take place without notice and prior authorization from the city.
(Ord. 949; Code 2016)
12-604 Insurance and Bonding Requirements.
No performance and maintenance bond or liability insurance will be required of any residential property owner working in the right-of-way adjacent to his/her primary residence but such work must be confined to that area of the right-of-way that is outside of the curb line or edge of the street, and cannot encroach into or onto any paved surface of the right-of-way.
The permittee shall file with the city evidence of commercial general and automobile liability insurance with an insurance company licensed to do business in Kansas. The general liability limit will be not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in aggregate. The automobile liability limit will not be less than one million dollars ($1,000,000) combined single limit.
The permittee shall at all times during the term of the permit, and for two (2) years thereafter, maintain a performance and maintenance bond for the work to be performed under the permit. The amount of the bond will be two thousand dollars ($2,000) or the value of the restoration, whichever is greater, for a term consistent with the term of the permit plus two (2) additional years.
Alternatively, if the permittee anticipates requirements for multiple right-of-way permits, the permittee may choose to meet the bond requirements for the above prescribed term as follows:
A. 10 permits or less/year: $15,000 annual bond;
B. 25 permits or less/year: $30,000 annual bond;
C. Unlimited permits/year: $50,000 annual bond.
No performance and maintenance bond will be required for permits issued for driveway placement, driveway replacement, residential street approach or landscaping work such as irrigation systems and tree planting, and no liability insurance will be required for such permits if the contractor doing the work has a valid Douglas County Contractor License, and shows proof to the Right-of-Way Official of having the Contractor Insurance required for such license.
No performance and maintenance bond will be required of any governmental entity.
(Ord. 949; Code 2016)
12-605 Scheduling and Work Safety.
(Ord. 949; Code 2016)
12-606 Right-of-Way Repair and Restoration.
(Ord. 949; Code 2016)
12-607 Proper notification—who to call.
When it is necessary to close a street for repair work, the following agencies must be notified 48 hours prior to the closure so that alternative routes can be planned: public works, building inspections, police and fire departments at 785-542-2153.
(Ord. 949; Code 2016)