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HomeMy WebLinkAboutD-2405-17 Excavations in the ROWSponsors: Councilors Carter and Worrell ORDINANCE NO. D-2405-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 8, ARTICLE 7. SECTION 8-65 OF THE CARMEL CITY CODE Synopsis: This ordinance revises the requirements for persons performing excavations within City of Carmel Right -of -Way. WHEREAS, the City of Carmel, Indiana ("City"), pursuant to Indiana Code § 36-9-2-7, may regulate the use of right-of-way; and WHEREAS, it is in the interest of public health and safety to update the requirements necessary for excavations within City right-of-way. NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing recitals are incorporated herein by this reference. Section 2. Chapter 8, Article 7, Section 8-65 of the Carmel City Code should be and the same is hereby amended and shall read as follows: "§ 8-65 Excavations within Public Right -of -Way - Permits and Regulations. (a) Permit. (1) Any person wishing to make any cut into the pavement or into any other portion of any street, sidewalk, curb or public place, or to excavate therein, or to excavate beneath the surface for the construction, alteration or repair of any driveway, sewer, sidewalk, or water line or other buried facility, or for the installation of any such work, shall obtain a permit from the City prior to beginning any such work ("Right -of -Way Permit"). (2) Any person seeking a Right -of -Way Permit shall provide the following information at the request of the Engineering Department: a. Proof of licensure (when applicable); b. Proof of insurance; c. Proof of participation in Gold Shovel Standard or similar program; d. Proof of training for executives, management, and crews; e. Indiana Proactive training (or approved equivalent) for executives, managers and Sub- contracting principals; and f. Indiana 811 Online excavation training for all supervisors, subcontractors and crews. (3) Right -of -Way Permit applicants must pay a fifty dollars ($50) Right -of -Way Permit fee to the Engineering Department prior to the issuance of said Permit. The City reserves the right to Ordinance D-2405-17 Page One of Four Pages This Ordinance was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 12/11/17 at 4:45 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Sponsors: Councilors Carter and Worrell revoke a Right -of -Way Permit for any violation of this section. Right -of -Way Permit revocations may be appealed to the Board of Public Works and Safety upon written request within seven days of the revocation. (b) Indemnity. Any person performing any work described in this section and pursuant to a permit from the City, shall agree to indemnify the City and any other party interested in such work or its performance against all claims, demands, actions, judgments, losses and expenses which may arise from any injuries to any person or damage to any property resulting from such work, or from any conditions created by such work in the street or any public place. (c) Bond. (1) Every applicant for a permit shall post a bond in an amount specified by the Engineering Department, which shall remain with the City until the completion and acceptance of the work performed. (2) In the event that a cut runs lengthwise along right-of-way, the applicant wishing to proceed with such work shall be required to post a bond on the basis of $20 per lineal foot; provided however that said bond shall be in an amount of not less than $2,000. (d) Notice. Prior to commencing excavation activities, a Right -of -Way Permit holder shall provide notice to adjacent property owners via letter, signs, or other means within 14 days of the project start date, as well as provide a representative to answer questions about the project. The notice issued by the Right -of -Way Permit holder must also identify the utility or entity that hired the Right -of -Way Permit holder to perform the work done under the Right -of -Way Permit. (e) Inspection. The City reserves the right to actively monitor and inspect excavation activities located within public right-of-way. Such inspection may include, but is not limited to: spot inspections, regular documentation review, random verification with vacuum excavation of projects, and all such other investigations as are appropriate for the project (f) Underground Utility Location. All underground utility locates must be examined and crossings confirmed (pursuant to Indiana Code § 8-1-26), via hand digging or vacuum excavation. Right -of -Way Permit holders excavating in developed areas shall spot existing underground utility facilities with hand digging, vacuum excavation, or similar means to confirm drill -head location for boring at a regular interval no more than every fifty (50) feet. (g) Restoration of surface. Said bond shall be cancelled only after the completion of the work and inspection and approval by the City Engineer. Such approval shall be based on the requirement that the public property disturbed be replaced in as good or better condition that was its condition prior to the beginning of said work, and upon the further requirement that the work shall be in conformance with the stated conditions of the work permit. In the event that the public property has not been restored to a condition as good or better than it had existed prior to the beginning of the work, the City may call upon the bonding company to perform such work or perform the restoration work itself and bill the Right -of - Way Permit Holder for the work performed. Ordinance D-2405-17 Page Two of Four Pages This Ordinance was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 12/11/17 at 4:45 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Sponsors: Councilors Carter and Worrell (h) Public utilities. Utilities owned and operated by the City of Carmel shall not be required to post bond or other surety pursuant to this section. But are required to comply with all other requirements of this section. The City may require public utilities performing excavation within the public right-of-way to provide active supervision of such excavation or construction if it is located within densely populated or urban environments, or near transmission facilities for the involved utility. (i) Street damage addressed. Section 6-51 of this Code addresses damage to streets. 0) Penalties. Any person found to be in violation of this section shall be subject to a fine of not less than $100 per day first the first such violation; to a fine of not less than $500 per day for the second violation; and subject to a fine of not less than $1,000 per day for the third and all subsequent violations. Each day constitutes a separate violation. Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of the same can be given the same effect. Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as required by law. [signature page follows] Ordinance D-2405-17 Page Three of Four Pages This Ordinance was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 12/11/17 at 4:45 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Sponsors: Councilors Carter and Worrell PASSED bythe Common Council of the City of Carmel, Indiana, this day of �fM bT ' 2017, by a vote of ayes and nays. CO ON COUNCIL FOR THE CITY OF CARMEL 5 � A- 0+ Ar C'Iery Sue F4=,_resid t Anthony Green D. Rider, Vice -President Laura D. Campbell nald E. Carter ATTEST: Christine S. Pauley, Cl rk-Treasurer Presented by me to the Mayor of the Cityo Carme , -a this ay CCtM 2017, at K .M. Christine S. Paule , Clerk-Treasu h Approved by me Mayor of the City of Carmel, Indiana, this � day of %,rW aL,/ 2017, at _-a M. Oil�n es Brainard, Mayor Ordinance D-2405-17 Page Four of Four Pages This Ordinance was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 12/11/17 at 4:45 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.