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HomeMy WebLinkAbout2017-OR-87 passed 2-5-18 ORDINANCE NO. 2017-OR- BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA AN ORDINANCE ESTABLISHING CONDITIONS OF RIGHT-OF-WAY ACTIVITY PERMIT WHEREAS, the Common Council for the City of Jeffersonville (the "Council") is the legislative body with the statutory authority to adopt ordinances for the protection and promotion of the public health, safety and general welfare WHEREAS, the Council finds that the existing conditions for issuance of right-of- way activity permit do not insure work is done in a manner that is the least disturbing to the public or damaging to the city's infrastructure; and WHEREAS, the Council believes stricter regulations on the issuance of right-of- way permit is necessary; and WHEREAS, the Common Council finds that the adoption of this Ordinance is necessary in order to protect the public health, safety and welfare; NOW THEREFORE BE IT ENACTED by the Common Council for the City of Jeffersonville, Clark County, Indiana as follows: 1. Permit Required. All work in the right-of-way that is not included in the limits of a otherwise permitted construction project shall require a permit from the City Engineer. A project that requires and does not have a right-of-way permit shall be subject to a stop work order and a fee of $400. Any work completed after the stop work order is in place shall incur a fee of $500 per day to be paid before the permit is approved. 2. Lane Restrictions. Any right-of-way permit requiring lane restrictions shall require the contractor to supply a traffic maintenance plan per INDOT traffic control standards and in compliance with the Indiana Manual on Uniform Traffic Control Devices with the application and to notify the City Engineer or his or her designee by email no later than 8 business days prior to the lane restriction activity. 3. Backfill. All right-of-way excavation within 5 feet of the right-of-way shall be backfilled with flowable fill or any other suitable material as directed by the City Engineer or his or her designee. 4. Asphalt Pavement. Asphalt pavement shall be neatly saw cut on each side 2 feet wider that the trench opening. The pavement and base material shall be replaced according to the specifications set forth by the City Engineer. All seams must be cleaned and tack-coated to provide a seamless joint to the surrounding pavement. No cold patch shall be used except for temporary patching which will be maintained by the contractor for the duration until HMA pavement can be installed. 5. Concrete Pavement. Concrete pavement shall be neatly saw cut and the whole disturbed panel shall be removed and replaced. There will need to be at least 2 feet of undisturbed soil on each side of the excavation to allow the concrete patch to bridge the excavation. The new concrete patch shall be installed using Class A concrete. The finish is to match the existing finish of the surrounding pavement. All concrete patches shall be treated with a curing compound. 6. Ditches. Ditches disturbed by excavation shall be properly graded, seeded and blanketed to allow for positive drainage. The blanket needs to be approved by the City Engineer or his or her designee. 7. Grass. Grass areas that are disturbed shall have a minimum of 6" of aggregate free soil installed and seeded (equal to existing grass) The stabilization needs to be completed within 14 days from the date of completion of the install and/or repair. 8. Final Inspection. Upon the completion of all installs and/or repairs, the applicant is required to schedule a final inspection with the City Engineer's office. If all work and stabilization is completed to the satisfaction of the inspector and stabilization has been maintained for no less than 14 days, the inspector will sign off on the release of the permit. The sign off does not remove responsibility from the contractor for settling and germination requirements, which requires 70% germination. 9. Right to Withhold Release. If the inspector deems the craftsmanship to be questionable, the City shall reserve the right to withhold the release for up to one year from the date of final inspection. 10. Larger Surety. The City reserves the right to require a larger surety if unusual conditions exist which may dictate higher than usual damages. 11. Responsibility for Work. The City shall hold the applicant directly responsible for all work performed under the permit. 12. Notification. The City Engineer's office shall be notified a minimum of 2 hours prior to starting all pavement repairs so that an inspector may observe the placement of the new patch material. Failure to notify the City Engineer's office shall result in the removal and replacement of such material. Hours for this inspection are during regular business hours. 13. Liability. The applicant shall indemnify and hold harmless the City, its employees and its representatives against all claims, demands, judgments, losses and expenses which may arise from any injuries to person or persons and damage to any property resulting from the work, or form any condition created by such work in the street or any public place or right-of-way by the applicant. 14. Schedule of Fees, Costs and Fines. Activity Permit Filing Fee $50 Surety requirements $2,000 per location $10,000 blanket bond Open Cut maintenance bond $10,000 per location Right of Way boring $50 + .75 per lineal foot Right of Way open cut: 10th Street, Spring Street, Veterans Parkway, Hamburg Pike, Utica Pike, 8th Street and Riverside Drive $500 + $100 per day Right of Way open cut: all other Streets $300 + $5 per sq. ft. Stop work order re-instatement fee $400 Work completed during a stop work order $500 per day fine *Right of Way fees do not apply for repairs to existing sidewalks. **Surety may include any of the following: Bond, Letter of Credit or Certified Check This Ordinance shall be in full force and effect twenty-one (21) days after its passage by the Council and approval by the Mayor. Any other ordinances or resolutions in direct conflict of the terms set forth herein are hereby repealed and superseded by this Ordinance. Vote• FJ• Voted Against: er„,t LAso.. „qv A + P' v.. I #11W SO ORDIANED this 5 day of oil g) 2017, by the Common Council of the City of Jeffersonville, Clark County, Indi a. Lisa Gi I, Presiding Officer and Council President ATT EST: Vicki Conlin Clerk Presented by me as Cler to the Mayor of said City of Jeffersonville at — � on this /( day of Oiti , , 2017. (11/1471)Vicki Conlin Clerk Approved and signed by me at m. on thi: day of , of b i6 2017. - I Mike Moor:, Mayor Vetoed by me at m. on this day of , 2017. Mike Moore, Mayor