Right Of Way Rules

CITY OF OWOSSO
RULES AND REGULATIONS
PERMITS FOR OCCUPANCY OF AND WORK WITHIN STREET RIGHT-OF-WAY

SECTION 1 – AUTHORITY

1.00      These Rules and Regulations are promulgated pursuant to the provisions of Section 29 of the City of Owosso Code of Ordinances.

SECTION 2 – APPLICATION PROCEDURES

2.00      Applicants for permits shall complete the permit form provided by the Engineering Department and shall return the completed form to the Engineering Department in the Owosso City Hall, 301 W. Main Street, together with such additional information which is required pursuant to Chapter 29 of the City of Owosso Code of Ordinances and these Rules and Regulations.

2.05          Each application shall be reviewed by the City Engineer, or his designee, for compliance with the provisions of Chapter 29 and these Rules and Regulations.

2.10          If, in the opinion of the City Engineer, the application complies with the applicable provisions of Chapter 29 and these Rules and Regulations, then he shall sign the application, which then becomes the permit. If the application fails to comply with Chapter 29 or these Rules and Regulations, then the Engineer shall notify the applicant that the application has been denied. The Engineer may permit the applicant to submit additional information or to revise information previously submitted so as to cause the application to comply with Chapter 29 and these Rules and Regulations.

2.15          The permit fee shall be $70.00. Fifty dollars of this fee shall be refunded to the applicant if the required inspections are called for, the restoration is satisfactory, and these Rules and Regulations have been complied with. Failure to comply with these Rules and Regulations will result in no refund to the applicant. The applicant may purchase these permits in advance and mail them in as needed.

2.20          Upon payment of the fees as determined by the City Engineer, a copy of the permit will be given to the Permittee, Engineering Office, Finance Office, and the Public Works Department.

SECTION 3 – STREET OPENINGS AND RIGHT-OF-WAY CONSTRUCTION

3.00      It shall be the responsibility of the permittee to contact “Miss Dig” prior to commencing any construction activities within the right-of-way so that all public utilities and other facilities can be located.

3.10          It shall be the responsibility of the permittee to provide all necessary warning signs, barricades, flagmen and the like in accordance to the Michigan Manual of Uniform Traffic Control Devices to insure that the public is safe from injury or damage to vehicles as a result of the construction activities.

3.15          The permittee, upon completion of any construction, shall restore the right-of-way areas to a condition that is as good as or better than the condition which existed prior to the commencement of construction activities.

3.20          The permittee shall provide and place the necessary sheeting, shoring and bracing required to prevent caving, loss, or settlement of foundation material supporting the pavement, or any other street installation such as sewers, culverts, etc. The permittee shall assume the full responsibility for this protection. The applicant shall dispose of all surplus or unsuitable material outside of the limits of the street in a manner consistent with City and State of Michigan laws.

3.24      All trenches less than 50’ in length under the road surface or sidewalk shall be backfilled to 4” of the bottom of the pavement with peastone or 2NS sand. The remaining depth of the trench shall be backfilled with 22A gravel compacted to ninety-five percent maximum density and topped with 1” of cold patch smoothed and compacted.

3.25          All trenches 50’ or longer under the road surface shall be filled with sand, 22A gravel, or peastone, placed in successive layers not more than nine inches in depth, loose measure, and each layer shall be thoroughly compacted to ninety-five percent of the material’s maximum density to 4” below the bottom of the existing pavement.  The remaining trench depth shall be backfilled with 22A gravel compacted to ninety-eight percent maximum unit density and topped with 1” of cold patch, smoothed and compacted, or as specified in the plans and specifications. Restoration shall be such that it will provide a condition equal to or better than the original condition.

3.26      The City shall have the permanent pavement and sidewalk repairs done. The actual cost to make these repairs plus a $20 administration charge per invoice will be charged to the permittee.

3.30      The permittee shall be responsible for the continued maintenance of the temporary patch until the permanent patch is made. The City will take over the responsibility of the permanent patch. If a temporary patch becomes depressed or raised more than one inch from the adjoining pavement, the permittee shall make the necessary repairs to bring the surface of the patch level with the adjoining pavement. If the City discovers a temporary patch that requires maintenance, the permittee shall be notified by telephone, voice mail, or letter of the patch condition. The permittee shall make the necessary repairs within thirty-six hours of being notified. If, in the opinion of the City, a temporary street patch becomes an imminent danger to the driving public, the permittee shall be notified by telephone or voice mail of the patch condition and given four hours to make the necessary repairs. If necessary repairs are not made within the time period stated, the City shall make the repairs and bill the permittee for the City’s total cost to make the repairs, including overhead costs, plus a penalty of 100% of the City’s total cost to make the repair.

3.40          Bituminous surfaces must be compacted to ninety-five percent of its maximum density in a minimum of two lifts. Concrete surfaces must be replaced with concrete materials flush with the existing surface and properly finished. The pavement patch shall consist of the same type of materials in their same respective thicknesses as the pavement adjoining the patch. That is, the asphalt and/or concrete in the patch shall be the same thickness as the asphalt and/or concrete in the pavement adjoining the patch. If brick is encountered in the pavement, concrete the thickness of the brick shall be used in the patch.

3.45.1     Materials used in construction, backfilling and repair operations shall comply with the State of Michigan, Department of Transportation specifications. These include the following:

Aggregate Types for Backfilling within the Roadway Area……...Peastone, Type II Sand,               22A Gravel or 2NS Sand.

            Aggregate Base…………………………………………………………………….22A Gravel

            Concrete Type for Replacement of Concrete Surface………………….Type P1 or 9 Bag

3.50          All vegetative areas shall be restored using topsoil, which is free of weeds and shall be seeded and protected from erosion.

3.55          Street openings shall be made in such a manner and with such tools as to produce straight edges. All such openings shall be rectangular in shape unless conditions warrant an irregular shape.

SECTION 4 – SIDEWALK CONSTRUCTION, REPAIR, AND REPLACEMENT

4.00      All sidewalk work shall consist of constructing the sidewalk in a single course on a prepared subgrade.

4.05          All sidewalks shall meet finished grade and shall slope one-quarter inch per foot toward the drainage side. Sidewalks shall be four inches thick except at driveway crossings which shall be six inches thick. Sidewalks shall be a minimum of four feet wide and a maximum of six feet wide.

4.10          All unstable subgrade material shall be removed and replaced with a minimum of four inches granular material or sand, compacted to ninety-five percent of the material’s maximum density.

4.15          Forms shall be clean and straight, composed of wood or metal. The forms shall be staked to line and grade in a manner that will prevent deflection or settlement. Forms shall be oiled before placing concrete. If the line of the sidewalk conflicts with trees adjacent to the sidewalk, the permittee shall notify the City Engineer prior to proceeding with the installation of forms.

4.20          The base shall be thoroughly wetted and the concrete deposited thereon to the proper depth. The surface shall be floated, edges and joints properly tooled, and finished with a brush to provide a non-slip surface.

4.25          The applicant shall insure the use of appropriate materials which shall comply with the following specification.

4.30          Expansion joints shall be placed every one hundred feet or more often if required to prevent cracking of the sidewalk. Grooved joints a minimum of one inch in depth shall be placed along the sidewalk the same distance apart as the width of the sidewalk.

4.35          Sidewalks and sidewalk ramps shall be constructed in accordance with the applicable standard specifications of the Michigan Department of Transportation.

4.40          Driveway approaches shall be a minimum of ten feet in width and shall be constructed of concrete a minimum of six inches thick. Expansion joints shall be placed where the approach meets a sidewalk or street. Approaches shall be constructed in accordance with the standards provided in Section 6.20.

SECTION 5 – INSPECTIONS

5.00      It shall be the responsibility of the permittee to contact the Engineering Department (989) 725-0550 at such times as inspections are required pursuant to these Rules and Regulations and in accordance with sound construction practices.

5.05          At a minimum inspections shall be required at the following times:

A.     Sidewalks

1.      After installing forms and prior to pouring concrete.

2.      Upon completion of work and restoration of the area.

B.   Street Openings

1.      Prior to commencing backfilling.

2.      Prior to commencing restoration of the street surfaces.

3.      Upon completion of work and restoration of the area.

C.     Other Construction

1.      Upon completion of work and restoration of the area.

2.      At such other times as determined by the City Engineer.

SECTION 6 – TREES

6.00      The permittee shall not remove, trim, cut roots, or otherwise damage any tree growing within the street right-of-way without first having obtained the endorsement of the City Engineer on the permit or, in the case of an annual blanket permit, on the request to commence work form.

6.05          If during the course of any activities conducted pursuant to a permit granted in accordance with these Rules and Regulations the permittee finds that there is the possibility of interference with trees growing in the street right-of-way, the permittee shall immediately contact the City Engineer.

SECTION 7 – INSURANCE AND BONDS

7.00      Any applicant proposing to conduct any activities involving construction within the right-of-ways of streets in the City of Owosso shall provide evidence of liability insurance covering personal injury with a minimum of $500,000 each occurrence and property damage with a minimum of $500,000 each occurrence and further agrees to indemnify and hold the City and its employees harmless from any and all liability arising out of any activities conducted pursuant to the permit.

7.05          The permittee shall keep such insurance in effect during all times that the permittee is conducting activities within the street right-of-way.

7.10          If the applicant is self-insured for personal injury and/or property damage risks, the applicant shall provide documentation of such self-insurance program.

7.15          If an applicant utilizes subcontractors in performing some or all of the work, which is covered by a permit, each such subcontractor shall be required to comply with the provisions of this Section.

7.20          Pursuant to the provisions of Section 29.48 of the Owosso Code of Ordinances, the Engineer shall determine the amount of the performance bond or cash deposit which shall be provided by the applicant prior to the issuance of the permit. In no case shall the amount of such performance bond or cash deposit required for a permit for construction activities within the traveled portion of any street be less than $50.00.

7.25          If an applicant provides a blanket bond to cover all bond requirements during a specified period of time, the amount of such bond shall be maintained at least equal to the amount required to satisfy the terms of all permits issued during the period of time.

SECTION 8 – SOLICITING

8.00      For the purposes of this section, solicit and solicitation shall mean the practice by any person of standing within the public right-of-way requesting donations of money, property or other thing of value, or the selling, or offering to sell, any article, publication or other thing, whether of value or not, where the money, property or thing of value to be donated, or the net proceeds of any such sale, will be used for a nonprofit charitable, religious, patriotic, civic, educational, political, philanthropic or other nonprofit purpose, and will not inure to the benefit of any private shareholder or individual.

8.10      Solicitation conducted pursuant to this section shall be limited to areas of the City zoned B-3 Central Business District and B-4 General Business District.

8.20      Persons engaged in solicitation shall do so only on the public sidewalks in areas described in subsection 8.10. In occupying sidewalks, persons engaged in solicitation shall occupy only the smallest portion of the sidewalk necessary to the conduct of the solicitation and shall insure that at all times there remains available for passersby an area of sidewalk not less than five feet in width. Persons engaged in solicitation shall not stand in front of, nor block the entrance to, the doorway leading into any building without the express permission of the owner or occupant of the building or his or her designee.

8.30      No person shall solicit within the public right-of-way unless such person has filed with the City Engineer a registration statement containing the information required in subsection 8.40 and obtained a registration acknowledgement issued in accordance with subsection 8.60.

8.40.1     The solicitation registration statement to be prepared and filed under this section shall contain the following information:

·                  The name, address and telephone number of the person registering to solicit;

·                  If the registration is intended to cover more than one individual, the names, addresses and telephone numbers of the registering organization and the individuals who will be in direct charge of conducting the solicitations;

·                  The purposes for which the solicitations are to be made and a description of the use or disposition to be made of any receipts or proceeds of the solicitations;

·                  A description of the methods to be used in conducting the solicitations;

·                  The time when such solicitations shall occur, including the dates for the beginning and ending of such solicitations and the hours of the day during which solicitations shall occur.

8.50      It shall be a violation of this section for any person to knowingly file, or cause to be filed, a registration statement containing one or more false statements.

8.60      Upon filing of a registration statement containing the information required in subsection 8.40 and with the approval of the City Engineer or his designee, a solicitation registration acknowledgement form shall be issued to the registered person within three (3) business days.

8.70      The solicitation registration acknowledgement shall be valid for one year from issuance unless revoked or suspended earlier.

8.80      The City Engineer may refuse to approve a solicitation registration form if he/she determines that the conduct of the solicitation during the dates and/or times indicated on the registration statement would conflict with other solicitations, uses or occupancies of the public right-of-way for which a registration acknowledgement form or other permit had been issued.

8.90      The registration acknowledgement issued pursuant to subsection 8.60 may be suspended or revoked by the City Engineer or his designee if the registrant violates any of the provisions of this section or any statute, ordinance or regulation while conducting the activities regulated by this section.

SECTION 9 – SIDEWALK VENDORS

9.00      For the purposes of this section, the term sidewalk vendor shall mean and include any person who sells or peddles on the sidewalks of the central business district food or other products from a pushcart or other similar vehicle.

9.10          Sales conducted by sidewalk vendors shall be permitted only within the area of the City zoned B-3 Central Business District.

9.20          No person shall engage in trade as a sidewalk vendor except pursuant to a street occupancy permit issued pursuant to these rules. Street occupancy permits for sidewalk vending shall be issued only to businesses engaged in a similar trade within a completely enclosed building within the central business district.

9.30          It shall be a violation of this section for any sidewalk vendor to engage in the sale of products or solicit any patronage within 100 feet of the doorway of any place of business selling the same commodity.

9.40          Persons engaged in trade as sidewalk vendors shall do so only on the public sidewalks in areas described in subsection 9.10. In occupying sidewalks, such persons shall occupy only the smallest portion of the sidewalk necessary to the conduct of the business and shall insure that at all times there remains available for passersby an area of sidewalk not less than five feet in width. Persons engaged in solicitation shall not stand in front of, nor block the entrance to, the doorway leading into any building without the express permission of the owner or occupant of the building or his or her designee.

9.50          The pushcart or similar vehicle used by a sidewalk vendor shall be equipped with a receptacle for disposing of wrappers, papers or other waste associated with the vending operation. It shall be the duty of the sidewalk vendor to pick up wrappers, papers and other waste after the sale and delivery of his products.

9.60          In addition to other legal and civil remedies available to the City for violations of these rules, the City Engineer may revoke the sidewalk occupancy permit of any sidewalk vendor who fails to comply with the provisions of this section.

No provision of these rules shall be enforced in such a manner as to restrict the activities of sidewalk vendors or persons engaged in similar pursuits in conjunction with a festival or other special event provided such festival or special event has been approved by the City and the sidewalk vendors or persons engaged in similar pursuits are acting under the authority of the organizers of said festival or special event.

Adopted by the Owosso City Council on April 18, 2005.