2016-06 Public Rights-of-Way PermitORDINANCE NO. 2016-06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "EXCAVATIONS,"
OF CHAPTER 24, "STREETS, SIDEWALKS AND PUBLIC PLACES," OF
THE VILLAGE CODE OF ORDINANCES TO REQUIRE A PERMIT FOR
WORK PERFORMED WITHIN PUBLIC RIGHTS -OF -WAY THROUGHOUT
THE VILLAGE; PROVIDING FOR PERMIT FEES; PROVIDING FOR PERMIT
REQUIREMENTS; PROVIDING FOR PERMIT CONDITIONS; PROVIDING
FOR MINIMUM STANDARDS; PROVIDING FOR REMOVAL OF BARRICADES
AND SIGNAGE; PROVIDING FOR PERMIT REVOCATION; PROVIDING
FOR PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR
EMERGENCIES AND EXEMPTIONS; PROVIDING FOR LIMITATIONS ON
PAVEMENT DISTURBANCE AND EXEMPTIONS THERETO; PROVIDING FOR
PAVEMENT RESTORATION STANDARDS; PROVIDING FOR SEVERABIIdTY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council determines that the unregulated obstruction of streets, sidewalks,
and other public rights -of -way constitutes a potential hazard and inconvenience to pedestrians,
motorists, and guests to the Village of North Palm Beach; and
WHEREAS, the Village Council wishes to enact regulations applicable to all work performed on
public rights -of -way located within the Village to protect the health, safety, and welfare of the
citizens of the Village of North Palm Beach; and
WHEREAS, the Village Council hereby determines that the adoption of this Ordinance is in the
best interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article II, "Excavations," of Chapter 24,
"Streets, Sidewalks and Public Places," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is °tree r°„ tiffe ug ):
ARTICLE II. EXCAVATIONS WORK PERFORMED WITHIN RIGHTS -OF -WAY
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Mall
Page 2 of 10
See. 24 -16. Right -of -way permit.
Any person intending to make any installation, construction, alteration,
extension or repair, or otherwise do any work, either necessary or incidental,
which shall require: i) any excavation in, upon, under or through any street,
sidewalk or other public right -of -way in the village; or GO any temporary
obstruction to any street, sidewalk or other public right -of -way in the village shall,
before performiniz such work, aaaly to the communitv development department
for a right-of-way permit.
Sec. 24-17. Fees.
A person applying for a right -of -way permit shall, at the time of such
application, pay to the village all required fees for such permit as established by
resolution of the village council.
Page 3 of 10
rZIEWSMIME
See. 24 -16. Right -of -way permit.
Any person intending to make any installation, construction, alteration,
extension or repair, or otherwise do any work, either necessary or incidental,
which shall require: i) any excavation in, upon, under or through any street,
sidewalk or other public right -of -way in the village; or GO any temporary
obstruction to any street, sidewalk or other public right -of -way in the village shall,
before performiniz such work, aaaly to the communitv development department
for a right-of-way permit.
Sec. 24-17. Fees.
A person applying for a right -of -way permit shall, at the time of such
application, pay to the village all required fees for such permit as established by
resolution of the village council.
Page 3 of 10
See. 24 -18. Permit requirements.
(a) An application for a right-of-way permit shall be submitted to the
community development department on village =a approved forms. A permit may
be issued provided the application is complete and the following requirements
have been met:
The applicant shall agree to indemnify, defend, save and hold
harmless the village, its officers and employees, from any and all
claims, liability, lawsuits, damages and causes of action which may
arise out of the permit, or the permittee's activity on the right-of-
way. The applicant shall sign an indemnification in form and
substance as approved by the village attorney.
(22) The applicant agrees to abide by all permit conditions.
When any activity will close and /or obstruct any public ri hg t -of-
way and result in the detouring of traffic, an FDOT Index 600
maintenance of traffic ("MOT") plan shall accompany the permit
application for any roadway or lane closure or obstruction and, if
applicable, for sidewalk closure or blockage. For closures that
create significant impacts to traffic, the village may require that an
MOT plan be signed and sealed by a state of Florida registered
professional engineer.
No permit shall be issued if the community development, public works,
police and /or fire departments, determine that such activity constitutes a danger to
the public health, safety or welfare, or conflicts with any other planned activities.
Sec. 24 -19. Permit conditions.
Permits issued under this division are conditional at all times and shall be
subject to the permit conditions set forth in this section. Permits may be issued
subject to additional specific conditions or limitations upon the location or use, as
may be necessary to brotect the public health, safetv or welfare. The hermit shall
be issued on a village= approved form.
( Right -of -way permits are valid for a maximum of thirty (30)
calendar days from date of issue. Permits may be extended in
thirty (30) calendar day increments prior to expiration. Additional
work not authorized under the original permit will require a new
permit or modification of the existing permit.
Q Permits must be posted and available on -site for inspection.
Page 4 of 10
The permittee shall, during the permit term, and at the permittee's
expense, maintain the public right -of -way and, if required by the
village, promptly modify, relocate, and/or remove any equipment
or obstruction. The permittee, at the permittee's sole expense,
shall restore all portions of the public right -of -way or public utility
systems disturbed or impaired during the permitted use of the
public right -of -way.
All work in the public right -of -way shall be performed in strict
compliance with the requirements of the engineering standards, as
provided by the public works department, MOT Series 600 MOT
Guidelines, the Manual on Uniform Traffic Control Devices
( "MUTCD ") and Occupational Safety and Health Administration
regulations. Failure to comply may result in the immediate revocation
of the permit(s), the removal of project- related obstructions from
the right -of -way, and the assessment of violation fines. One set of
plans, including all current revisions associated with the permit,
shall be maintained on the job -site when work is in progress.
Failure to maintain plans may result in the suspension of all work,
testing, inspections and the assessment of re- inspection fees.
ffl The permittee shall maintain for the permit period, at its own
expense, commercial general liability insurance in the amount of
$1,000,000.00 per occurrence, or in such other amount as may be
specified by the village's risk management policies, for bodily jury
and property damage. The village must be named as an additional
insured on this policy, and a certificate of insurance containing
such endorsement must be issued as part of the policy. The permittee
must provide, and have approved by the village, an original
certificate of insurance as evidence that this requirement has been
met prior to commencing operations. Failure to comply with this
requirement shall cause a suspension or revocation of the permit.
(6) The permit issued shall not be transferable in any manner.
(7) When a MOT plan is required as part of the permit application, the
permittee shall comply with the approved MOT and the following
additional conditions:
a. All barricades and signs that are placed in the ubp lic right -
of -way shall be turned away from motorists u op n the
opening of the traffic lane or road, and shall be removed
immediately upon completion of the use of the right -of -wad
b. All barricades and signs placed in a public right -of -way
must be maintained and secured, and shall not be in such a
condition or placement whereby they become a tripping or
mowing hazard.
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Use of public rights -of -way for construction activities, including
the following: cranes, roll -off debris containers storage containers
construction material and construction debris shall comply with
the minimum standards established by the public works department
Equipment shall not be utilized or maintained in such a manner so
as to constitute an attractive nuisance.
The permittee shall maintain such fences, railings and barriers as
are necessary to prevent danger to persons utilizing any street
sidewalk or right -of -way and shall take appropriate measures as
mandated by the public works department to ensure that any such
obstructions that remain in the public right -of -wag nighttime
hours are sufficiently visible to members of the public.
(h In the event of an emergency impacting the public health safetyoor
welfare, as determined by the village the permit may be revoked
without notice and without liability of the village.
Sec. 24 -20. Permit minimum standards.
Minimum standards for construction and use of the public rights -of -way
within the village shall be maintained by the public works department.
Sec. 24 -21. Removal of barricades and signage.
All barricades and /or signage utilized by the permittee or any other entity
retained by or at acting on behalf of the permittee in temporarily obstructing a
public right -of -way shall be removed by the permittee or such entity, or by
representative of the permittee or such entity, immediately upon completion of the
use of the right -of -way or upon expiration of the permit, whichever first occurs.
If the village determines that the permittee or entity has failed to timely remove
such barricades and /or signage, and determines that there is no longer a current
safety need according to the Manual for Uniform Traffic Control Devices and
Florida Department of Transportation Standard Index 600 Series Justifying the
continued placement of the barricades and /or signage in the public right -of -way,
then the village shall notice ( "red tag") such abandoned barricades and /or signage
The red tag shall give the permittee or entity ry four (24) hours to remove the
barricades and /or signage. If the barricades and /or signage are not removed
within the twenty -four (24 ) hour period prescribed by this section then the village
may remove such barricades and /or signage and shall charge the permittee or
entity service and storage fees in an amount as established by resolution of the
village council.
Page 6 of 10
Sec. 24 -22. Permit revocation and penalties.
(a) Immediate Revocation. A right -of -way permit issued pursuant to
this article may be immediately revoked for the protection of the public safety,
health and welfare, without advance notice and hearing, if it is found that:
The permittee does not have the insurance required in the
minimum amounts described in section 24 -19 or the _permit is
transferred to a new or separate entity.
Q The permittee fails to comply with the approved MOT plan.
The permittee continues to obstruct a public right of -way be. }and
the permit time or the need for such use and there is no longer a
current safety need. In such event, the village shall assess a delay fine,
on a daily basis, as established by resolution of the village council.
The permittee fails to comply with any other permit condition to
the immediate detriment of the public safety, health or welfare or
otherwise creates a dangerous condition.
In the case of an immediate revocation and /or imposition of a delay fine, the
permittee shall be advised of the fine in writing and afforded a prompt post -
revocation hearing before the code enforcement special magistrate.
(b) Other Fines. Where a permittee fails to comply with other conditions
of the permit, including but not limited to: failure to post the permit, failure to
remove "red- tagged" barricades and/or signage within the twenty-four (24) hour period,
where an emergency does not exist, the communi1y development director, or designee,
shall cause the permittee to be served by certified mail or hand delivery, or as
otherwise provided by state law, at the permittee's business address as disclosed in
the application for the permit, a notice of permit violation and intent to fine. The
notice shall include the facts or circumstances that warrant the intended fine.
Fines to be charged shall be established by resolution of the village council.
The permittee shall be given adequate opportunit to o request a prior administrative
hearing before the code enforcement special magistrate.
Sec. 24-23. Appeals.
Appeals from the decisions of the special magistrate shall be as provided
in section 2 -180 of the village code.
Page 7 of 10
Sec. 24 -24. Emerl4encies and exemptions.
The requirements of this article shall not apply to the temporary obstruction
of a public right -of -way by a utility or government agency due to an emergency.
"Emergency" includes any condition that threatens the health, safety, or welfare
of the public, including an out -of- service condition of a pre - existing utility service.
If such an emergency exists, the utility or the governmental entity shall be exempt
from the pre - permit application requirements, but shall apply for a permit within
forty-eight (48) hours of the emergency situation.
Sec. 24 -25. Limitations on pavement disturbance.
(a) The village public works director may place restrictions or limitations
on the performance of any work or pavement disturbance in roadways when
deemed necessary or appropriate to meet the purposes of this chapter. Without
limiting the foregoing, the public works director maygpply the following criteria
in making such determinations:
(D Limitations on pavement disturbance will e�y be declared
whenever major construction, reconstruction, or a structural overlay
has been performed on a roadway. Surface preservation treatments
shall generally not be considered a major construction, reconstruction,
or structural overlay.
Limitations on pavement disturbance will apply for a five -year period
on roadways after completion of a major construction, reconstruction,
or structural overlay.
(b) When major construction, reconstruction, or structural overlay projects
on roadways are planned, the public works department will give prior notice to
utility, communications, telephone, and other similar companies and providers;
public utility districts, water and sewer districts, natural ag s companies; special
purpose districts; and any other pertinent entities about such project. The notice
shall eg nerally describe the project and its location, describe the duration of the
pavement disturbance limitation likely to be imposed following completion of the
project, and encourage the advance planning, coordination, and completion of any
pavement disturbance projects by the notified entities before or in conjunction
with the roadway project.
Sec. 24 -26. Exemptions to limitations on pavement disturbance
(a) The public works director may establish or allow exceptions to
limitations imposed on pavement disturbance. Such exceptions maybe granted on
such terms and conditions as the public works director determines best suited to
meet the purposes of this chapter.
Page 8 of 10
b) Exceptions izranted or allowed under this section may include but
are not limited to the following:
(1) Emergencies, such as broken water, sewer, or natural gas lines.
(2 ) Utility service upgrades required to meet public health or other similar
standards, such as converting failed septic service to public sewer.
(3) Infrastructure maintenance by utility companies needed to meet
public health, safety and welfare requirements, such as repair or
replacement of essential fire hydrants and water valves.
(4) Land development activities approved by the village.
(5) Capital projects conducted by the village.
(c) All exceptions allowed or granted by the public works director
shall meet the pavement restoration standards of this chapter.
See. 24 -27. Pavement restoration standards.
(a) Any work which results in pavement disturbance shall require
completion of pavement restoration in accordance with this section and shall
return the pavement to its original, or to a better, structural condition than existed
before the pavement disturbance.
(b) Unless the public works director specifies different standards, the
following standards shall appl t� pavement restoration and patches:
A full depth patch sufficient to match existing pavement depth or
four (4) inches, whichever is greater, shall be constructed on and
over the disturbed area and to a minimum lateral distance of
twenty-four (24) inches beyond the boundaries of the disturbed area.
A minimum two - inch -thick mill and overlay is required for the
restored area beyond the full depth patch.
Final restoration shall use hot mix asphalt "HMA ") material in lift
no more than one -inch.
No irregular patch perimeter shall be allowed. Each patch shall
have a single straight edge in both transverse (curb to curb) (edge of
road to edge of road) and longitudinal (direction of travel) directions.
The minimum patch dimension in both transverse and longitudinal
directions shall be thirty-six 36 inches.
A patch shall be extended to the curb and /or edge of lane if the
patch is located within thirty -six 36) inches of such feature.
Page 9 of 10
Section 3. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 4. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 28T" DAY OF APRIL, 2016.
PLACED ON SECOND, FINAL READING AND
(Village Sea])
ATTEST:
VILLAGE CLEkK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 10 of 10
If the transverse dimension of a patch is greater than half the lane width,
then the patch shall be extended from the curb or edge of road to
the full lane width or the centerline of the roadway, whichever applies.
L9)
If two or more patches will be located within forty -eight (48)
inches of each other in the transverse direction, and /or within ten
(10) feet of each other in the longitudinal direction, they shall be
combined into a single lar er ap tch.
If a new patch is made within any portion of an existing larger
patch, then the entire original patch shall be replaced.
(11�
If a patch will extend over a lane edge or centerline of the roadwaL
then the patch shall be extended to the full roadway width or nearest
(c)
lane edge.
Temporary patching may be allowed at the discretion of the public
works director and on such terms and conditions as deemed appropriate.
(d)
The public works director shall inspect all pavement restoration
during and at the completion of such work. No pavement restoration will be deemed
complete until the public works director has approved such work in writing.
Section 3. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 4. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 28T" DAY OF APRIL, 2016.
PLACED ON SECOND, FINAL READING AND
(Village Sea])
ATTEST:
VILLAGE CLEkK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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