HomeMy WebLinkAbout2008-OR-53ORDINANCE N0.2008-OR-]~_,~_
AN ORDINANCE ESTABLISHING STANDARDS FOR THE USE OF HORIZONTAL
DIRECTIONAL DRILLING, JACKING AND BORING
WHEREAS, the City of Jeffersonville has the authority to adopt ordinances and to promulgate
rules and regulations governing the use of public rights-of--way and that protect the public health,
safety, and welfare of its citizens; and
WHEREAS, the City of Jeffersonville uses the public rights-of--way within its corporate limits to
provide essential public services to its residents and businesses, including, among other things,
trash collection, sanitary sewer and storm sewer; and
WHEREAS, other utility service providers, including electricity, telephone, natural gas
and cable television and video service providers have placed, or from time to time may request to
place, certain utility facilities in the public rights-of-way within the City of Jeffersonville; and
WHEREAS, legislatures and regulatory agencies at [he State and federal levels have
implemented changes in the regulatory framework to enhanoe competition in the providing of
various utility services; and
WHEREAS, the combination of legislative and regulatory changes and the development
of new technologies bas led additional service providers [o seek opportunities Co provide services
in the City of Jeffersonville; and
WHEREAS, the public rights-of--way within the City of Jeffersonville are a limited public
resource held in trust by the City of Jeffersonville for the benefit of its citizens and [he City of
Jeffersonville has a custodial duty to ensure that the public rights-of--way are used, repaired and
maintained in a manner that best serves the public interest; and
WHEREAS, the corporate authorities of the City of Jeffersonville find and determine that it is
necessary to and in the best interests of the public health, safety and general welfare to establish
uniform standazds and regulations for access to and use of the public rights-of--way in the City of
7effersonville by utility service providers and other persons and entities that desire to place
structures, facilities or equipment in the publicrights-of--way, so as to (i) prevent interference
with the use of streets, sidewalks, alleys and other public ways and places by the City and the
general public, (ii) protect against visual and physical obstructions to vehicular and pedestrian
traffic, (iii) prevent interference with the facilities and operations of the City's utilities and of
other utilities lawfully located in public rights-of--way or property, (iv) protect against
environmental damage, including damage to trees, from the installation of utility facilities, (v)
preserve the character of the neighborhoods in which facilities are installed, (vi) prevent visual
blight, and (vii) assure the continued safe use and enjoyment of private properties adjacent to
utility facilities locations; and
WHEREAS, this Ordinance is adopted pursuant to the provisions of the Indiana Municipal Code
WHEREAS, this Ordinance establishes generally applicable standazds for the use ofjacking,
boxing, directional drilling or horizontal directional drilling along, upon, under, across, or within
the public right-of-way, and for the use of and repair of the public right-of-way;
Where utilities aze to be installed under a roadway or through aright-of--way byjacking, boring
or horizontal directional drilling, the operation shall be inspected by the City. The following
guidelines are identified forjacking, boring or directional drilling operations.
The individual, business entity or the like shall be required to apply for a permit before engaging
injacking, boring or directional drilling and the fee for such a permit shall be as follows:
$100.00 per 2 lane road fora ]" or less gas or water service.
$800.00 for any service greater than 1".
Moreover, before the issuance of such a permit, proof must be provided to the City Engineer that
the "Permit Holder" has a 2 yeaz performance bond of no less that $200,000.
Following the issuance of the permit, Constmction operations will be conducted in such a
manner that they will not weaken or damage the existing roadway and infrastructure. The "Permit
Holder" is responsible for determining the vertical and horizontal location of any facilities within
the jacking, boring or directional drilling operation.
The "Permit Holder" shall verify existing underground utilities facility through review of record
data, use of one-call utility locates, collection observation of visible surface evidence,
consultation with utility facility owners and application of subsurface utility engineering
techniques (e.g., potholing, ground penetrating radaz, etc.). Laze must be taken not to damage
other utilities. Further, the "Permit Holder" will be required to have on file with the office of
Planning and Zoning proof of liability insurance and/or the posting of a bond before any work
will commence.
The location of the boring pits shall be sufficient distance from the roadway to
prevent undermining the curb and gutter or shoulder. The City Engineer shall approve the
location of the bore pit.
The jacking, boring and/or directional drilling shall be in accordance with the latest edition of the
Indiana Department of Transportatiods Standard SpecScation, Section 716.
Clear space between the casing and the surrounding excavation shall be completely filled by
pressure grouting the entire length of the installation The Permit Holder shall notify the City
Engineer at least one (1) hour prior to initiation of the jacking, boring or directional drilling
operations. Jacking, boring or directional drilling operations may not proceed until one (1) hour
after notification, if the City Engineer or his Inspector has not arrived at the work location.
The pits or trenches excavated to accomplish this operation shall be backfilled immediately after
the work has been completed. The backfill shall be compacted to a density equal to the
requirements of applicable specifications of the City.
IT IS HEREBY FURTHER ORDAINED that the Clerk Treasurer of the City of Jeffersonville
shall cause notice of the passage of this Ordinance to be published in the Jeffersonville Evening
News within thirty (30) days of its adoption.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE
DATE OF ITS PASSAGE AND APPROVAL.
Voted against:
Passed this~0 day of (~O~1nhe ~ ,2008
Thomas
attest: `~
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Peg lder, Clerk-Treasurer
Presented by me, Peggy Wilder as the Clerk and Treasurer to the Mayor of said Ciry of
Jeffersonville, Indiana on this ~ day of (~ C ~ O b8 Y , 2008.
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Peg ilder, Clerk-Treasurer
This ordin ce approved and signed by me this ~ day of ~ CTQ,ry/~k, , 2008
Mayor Tom Gal igan