ORD NO 19-2002 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 e t -2002
AN ORDINANCE ESTABLISHING PROCEDURES FOR APPROVAL OF
PROJECTS REQUIRING OBSTRUCTION OF, BORING UNDER, OR
EXCAVATION IN ANY CITY STREET, RIGHT -OF -WAY, OR EASEMENT;
PROVIDING FOR PAYMENT THEREOF; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
WHEREAS, The City has suffered damage to its infrastructure assets as a result
of unregulated excavation, boring and construction within its
rights -of- way and easements; and
WHEREAS, The City is entitled to just and reasonable compensation in the
form of license fees, for any use of the City's streets, rights -of -way
and easements; and
WHEREAS, Establishing fonnal procedures for issuance of permits allowing
activities within or upon the City's streets, rights -of -way and
easements will allow the City to safeguard the rights of the City
and the public to unobstructed use of City easements and rights -of-
way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: Permit required. That it shall be unlawful for any person,
corporation, utility company or contractor to make or cause to be
made any excavation in, bore under or obstruction of any street,
alley, right -of -way, or easement of this City without first having
obtained a written permit from the Mayor's authorized
representative, hereinafter called the City Representative.
SECTION 2: Fees. That a fee in the amount of 550.00 or as altered by the City
Council of the City of Van Buren, Arkansas from time to time
shall be paid at the time of application for a permit under the
provisions of this section except that the fee may be waived for
permits for work being accomplished by the Departments of the
City of Van Buren or their agents or their contractors but the
requirement for the securing of a permit shall not be waived. Such
sum shall be paid into the general fund of the City. There shall be
no fee required for individual property owners to repair, replace or
maintain their existing driveway or culvert in residential zones (R-
0 R -2, R -3).
SECTION 3: Supervision. That any activity undertaken in accordance with this
Ordinance shall be under the supervision of the City
Representative.
SECTION 4: (a) Before a permit required by subsection (1) shall be issued, the
applicant or his duly authorized agent shall submit three copies of
a written permit application to the City Representative. The
application shall contain plans, specifications and descriptions
necessary to show the location, design and layout of the proposed
improvement and its relation to the City's streets, alleys, rights -of-
way and easements, plans for traffic control and a statement that
appropriate agencies will be notified of the time construction will
occur, and plans for the restoration and /or repair of the property.
(b) All persons, public or private corporations, utility companies,
contractors and others seeking a permit shall be required to post a
surety bond or provide evidence that such bond is in force to insure
that the requirements of this Ordinance are met. The minimum
surety bond shall be equal to the estimated cost of restoration
and /or repair of the property to its condition prior to the
improvement or 5500.00 whichever is greater. The bond may be
waived for work being accomplished by the Departments of the
City or their agents or their contractors. There shall be no bond
required for individual property owners to repair, replace or
maintain their existing driveway or culvert in residential zones (R-
1, R -2, R -3).
(c) When such written application and plans conforming to such
subsection (4)(a) and the other provisions of this section have been
duly submitted, and the fee hereinafter required is paid, the City
Representative shall approve or reject said improvement within 15
calendar days following submission to him. In the event of
rejection, the City Representative shall specify the reasons
therefore and shall permit the applicant the opportunity to cure said
objections. One (1) copy of the approved application shall be on
file in the Van Buren City Clerk's office with the surety bond.
(d) In determining whether to accept or reject such application, the
City Representative shall take into consideration the location of
existing public utilities and plans for any future location or
relocation of public utilities or other usage by the City.
SECTION 5: (a) The City Representative may order removal and /or replacement
of any work and/or materials found to be in noncompliance with
the permit or provisions of this section, and may order completion
of permitted work within a specified time.
(b) The City Representative may order the permittee to suspend
work on any job whenever he shall deem such suspension to be
necessary to ensure good work or when the public interest
otherwise requires such suspension.
(c) The City representative is authorized to give all notices and
instructions with reference to the work either to the permittee, any
agent of the permittee, or to any person in charge of the permitted
job.
(d) After all work is completed, the permittee shall remove all
rubbish, waste and excess materials from the construction area and
restore the area to its previous condition or as approved in the
permit.
(e) All improvements shall comply with applicable laws, rules and
regulations.
(f) If any person, public or private corporation, utility company,
contractor or other does faulty work in the restoration and /or repair
of the property to its condition prior to the improvement or as
agreed upon, or otherwise violates the provisions and requirements
of this Ordinance, the City shall reserve the right to refuse to allow
said person, public or private corporation, utility company,
contractor or other to do any further work in the streets, rights -of-
way or easements of the City.
(g) Upon completion and clean up of the permit site, the permittee
shall notify the City Representative of completion and readiness
for final inspection.
(h) If during the final inspection, the City Representative
determines that work and /or material at the permit site is found to
be in noncompliance with the permit or provisions of this section
then the City Representative shall notify the pennittee in writing of
any remedial actions required. If the permittee fails to correct the
noncompliant work within 30 days of notice from the City
Representative, then the City Representative shall have the
noncompliant work repaired at the permittee's expense and shall
pursue penalties in accordance with the requirements of this
Ordinance.
SECTION 6: Street Crossings. (a) Crossing of existing streets by open cut
methods is not permitted except under certain conditions when
approved by the City Representative. Conditions where open cuts
of the pavement may be permitted are:
1) When longitudinal utility lines are located under the
pavement; or
2) When it is determined by the City Representative that
boring is not possible.
(b) All boring under City streets shall be located at least thirty six
inches (36 below the pavement surface or thirty six (36 below
the bottom of roadside drainage ditches, whichever is a greater
depth.
(c) All open cuts of City streets or pavement deformed or damaged
by boring shall be repaired in compliance with the approved permit
and the "Street Cut and Repair Standards" of the Van Buren Street
Department.
SECTION 7: Appeals. Any applicant for a permit may appeal any decision of
the City Representative to the City Planning Commission by filing
a written notice of such intention to appeal with the Chairman of
the Planning Commission within ten (10) calendar days following
the decision to be appealed. If the Planning Commission upholds
the rejection and /or conditions or imposes conditions, which are
not acceptable to the applicant, the applicant shall have the right to
appeal to the City Council, whose decision shall be final.
SECTION 8: Penalties. Violation of any of the provisions or regulations of this
Ordinance shall be punishable as a misdemeanor with a fine of up
to $250.00. Each day that said violation continues shall be a
separate offense and each day subsequent to the first day of the
violation shall be punishable by a fine of up to $250.00 per day.
SECTION 9: Severability. The intention of this Ordinance is to repeal
Ordinance No. 39 -1995. The intention of this Ordinance is not to
repeal Ordinance No. 21 -1973 and in the event of a conflict
between these Ordinances, No. 21 -1973 shall control. The
provisions of this Ordinance are hereby declared to be severable,
and if any provisions shall for any reason be illegal or invalid, such
holding shall not affect the validity of the remainder of this
Ordinance.
PASSED AND APPROVED THIS lo DAY OF SEPTEMBER, 2002.
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ATTESTED:
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