HomeMy WebLinkAbout32. 12-248
APRIL 24, 2012 MAY 9, 2012 12-221 12-248 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0_____ LOST________ LAID OVER________ WITHDRAWN_______)
PURPOSE: REPEAL & RECREATE STREETS AND SIDEWALKS
ORDINANCE / SECTION 25-12, WORK IN RIGHT-OF-WAY
LICENSE REQUIRED / SECTION 25-16, WORK IN RIGHT-OF-
WAY PERMIT REQUIRED / SECTION 27-17, EXCAVATION &
BACKFILLING MATERIALS; MANNER IN WHICH WORK
PERFORMED / SECTION 25-18, REMOVING EARTH FROM
STREETS PROHIBITED WITHOUT PERMISSION; DAMAGES /
SECTION 25-19, REMOVING AND REPLACEMENT OF
PAVEMENT AND CURB AND GUTTER / REPEAL SECTION 25-
20, WIDTH OF TRENCHES & RECREATE SECTION 25-20,
MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE
TO BE CUT / REPEAL SECTION 25-21, MANNER IN WHICH
CONCRETE SIDEWALKS AND TERRACE TO BE CUT &
RECREATE SECTION 25-21, RESTORATION IN THE RIGHT OF
WAY / REPEAL SECTION 25-21.1, REPLACING STREET
SURFACE /REPEAL SECTION 25-21.2, CONCRETE PAVEMENT
/ REPEAL SECTION 25-21.3, ASPHALT PAVMENT AND
ASPHALT OVER CONCRETE / REPEAL SECTION 25-21.4,
OILED GRAVEL STREETS / REPEAL SECTION 25-21.5,
EXCAVATION OF A SERIES OF TRENCHES IN HIGH TYPE
PAVEMENT / RENUMBER SECTION 25-22 TO 25-23 / CREATE
SECTION 25-22, EXCAVATION OF A SERIES OF TRENCHES
OR BORE HOLES /CREATE SECTION 25-24, TELEVISING OF
SEWERS / REPEAL & RECREATE SECTION 25-25, REPAIRING
OF CITY STREETS WHEN EXCAVATIONS HAVE BEEN MADE
THEREIN
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING &
RECREATING STREETS AND SIDEWALKS ORDINANCE / SECTION 25-12, WORK
IN RIGHT-OF-WAY LICENSE REQUIRED / SECTION 25-16, WORK IN RIGHT-OF-
WAY PERMIT REQUIRED/ SECTION 27-17, EXCAVATION & BACKFILLING
MATERIALS; MANNER IN WHICH WORK PERFORMED / SECTION 25-18,
REMOVING EARTH FROM STREETS PROHIBITED WITHOUT PERMISSION;
DAMAGES / SECTION 25-19, REMOVING AND REPLACEMENT OF PAVEMENT
AND CURB AND GUTTER/REPEALING SECTION 25-20, WIDTH OF TRENCHES &
RECREATING SECTION 25-20, MANNER IN WHICH CONCRETE SIDEWALKS AND
TERRACE TO BE CUT / REPEALING SECTION 25-21, MANNER IN WHICH
CONCRETE SIDEWALKS AND TERRACE TO BE CUT & RECREATING SECTION
25-21, RESTORATION IN THE RIGHT OF WAY / REPEALING SECTION 25-21.1,
REPLACING STREET SURFACE / REPEALING SECTION 25-21.2, CONCRETE
PAVEMENT / REPEALING SECTION 25-21.3, ASPHALT PAVMENT AND ASPHALT
OVER CONCRETE / REPEALING SECTION 25-21.4, OILED GRAVEL STREETS /
REPEALING SECTION 25-21.5, EXCAVATION OF A SERIES OF TRENCHES IN
HIGH TYPE PAVEMENT / RENUMBERING SECTION 25-22 TO 25-23 / CREATING
SECTION 25-22, EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES
/CREATING SECTION 25-24, TELEVISING OF SEWERS / REPEALING &
RECREATING SECTION 25-25, REPAIRING OF CITY STREETS WHEN
EXCAVATIONS HAVE BEEN MADE THEREIN
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Chapter 25, Streets and Sidewalks, Section 25-12 of the
Oshkosh Municipal Code pertaining to work in the right-of-way license requirements is
hereby repealed and recreated to read as follows:
SECTION 25-12 WORK IN RIGHT-OF-WAY LICENSE REQUIRED.
No person shall excavate or remove any portion of any street, alley, sidewalk, terrace,
easement, or other public place in the City without having first obtained an annual
licensetherefore from the City Clerk. The fee for such license shall be on file with the
City Clerk. Licenses shall be valid from January 1 to December 31 of the year of
issuance. The fee for such license shall not be pro-ratable.
SECTION 2. That Chapter 25, Streets and Sidewalks, Section 25-16 of the
Oshkosh Municipal Code pertaining to Work In Right-Of-Way Permit requirements is
hereby repealed and recreated to read as follows:
SECTION 25-16 WORK IN RIGHT OF WAY PERMIT REQUIRED
No person shall excavate or remove any portion of any street, alley, sidewalk, terrace,
easement, or other public place in the City without having first obtained a Work In Right-
Of-Way Permit therefore from the Department of Public Works. Any fee charged for a
Work In Right-Of-Way Permit will be established by resolution on an annual basis by the
Common Council. A separate permit for right-of-way obstruction under this Chapter
shall not be required. All work completed in any street, alley, sidewalk, terrace,
easement, or other public place in the City must follow the current City of Oshkosh
Standard Specifications published by the Engineering Division.
SECTION 3. That Chapter 25, Streets and Sidewalks, Section 25-17 of the
Oshkosh Municipal Code pertaining to excavation and backfilling materials and the
manner in which work is performed is hereby repealed and recreated to read as follows:
SECTION 25-17 EXCAVATION AND BACKFILLING MATERIALS; MANNER IN
WHICH WORK PERFORMED.
(A) All excavations in regularly traveled streets shall be backfilled to the street line,
which is the property line established by the property abutting the street, with
granular materials approved by the Department of Public Works, except that the
terrace between the existing flow line or building side of the curb, and the street
side of the sidewalk line the top ten (10) inches may be filled with earth. The
granular materials approved by the Department of Public Works shall be well
graded and all passing a one (1) inch screen. The stone shall be compacted in
twelve (12) inch layers by use of hand or pneumatic tampers. That the top eight
(8) inches of the trench in the traveled way, or if the curbing exists from back of
curb to back of curb, shall be filled with crusher run stone, well graded and all
passing a one (1) inch screen, compacted in place.
(B) All tunneling/boring shall be backfilled with sand and well packed by ramming in
place so as to prevent settling, except slurry mix which is to be used where it is
deemed necessary by the Department of Public Works.
(C) The intent of this Section is to have all excavations backfilled to produce a stable
surface. If trenches or tunnels should settle within a period of two (2) years, the
firm or individual obtaining the excavation permit shall immediately re-excavate
the trench, backfill, and restore the surface at their own expense when so
ordered by the Department of Public Works.
(D) All material excavated shall become the property of the contractor, and shall be
disposed of by the contractor.
SECTION 4. That Chapter 25, Streets and Sidewalks, Section 25-18 of the
Oshkosh Municipal Code pertaining to removal of earth from streets and the liability for
damages is hereby repealed and recreated to read as follows:
SECTION 25-18 REMOVING EARTH FROM STREETS PROHIBITED WITHOUT
PERMISSION; DAMAGES.
No person shall remove or cause to be removed any earth from any street, alley,
sidewalk, terrace, easement, or other public place in the City without first having
obtained a Work In Right-Of-Way Permit from the Department of Public Works. Any
person removing or causing to be removed earth in violation of this section shall be
liable for the actual cost to replace what was removed and a citation may be issued.
SECTION 5. That Chapter 25, Streets and Sidewalks, Section 25-19 of the
Oshkosh Municipal Code pertaining to the removal and replacement of pavement and
curb & gutter is hereby repealed and recreated to read as follows:
SECTION 25-19 REMOVING AND REPLACEMENT OF PAVEMENT AND CURB
AND GUTTER.
All pavement removal and replacement must follow the current City of Oshkosh
Standard Specifications published by the Engineering Division.
(A) Pavement removal on concrete streets shall be based on the PASER Rating.
Concrete pavement replacement depth and dowel installation shall match
existing pavement.
(1) Streets rated 10-7 shall be full panel replacement (i.e. to nearest
longitudinal and traverse joints)
(2) Streets rated 6-4 shall be cut/restored as follows: (1) a minimum of a six
(6) foot panel measured parallel to the pavement centerline remains or is
created and (2) a full panel width perpendicular to the pavement centerline
(3) Streets rated 3-1 but not listed in the Capital Improvement Program shall
be replaced with a minimum of a six (6) foot wide section in all directions
(4) Streets listed in the 5 year Capital Improvement Program shall be
replaced with Hot Mix (unless otherwise specified by the Director of Public
Works) three (3) inch minimum depth for locations classified as local
residential streets; four (4) inch minimum depth for locations classified as
collector or arterial streets
(B) Pavement removal on asphalt streets shall be based on the PASER Rating.
Pavement replacement type shall be specified by the Director of Public Works.
(1) Streets rated 10-7 shall have:
(a) A minimum of a twenty-five (25) foot section which is parallel to the
pavement centerline shall be milled and overlaid. The minimum
overlay thickness shall be one and one-half (1½) inches.
(b) Asphalt surface replaced to a minimum of five (5) feet outside of the
edge of the trench excavation
(c) Overlay shall be to the nearest cold joint or pavement centerline
(d) Pavement depth over the excavation shall be a four (4) inch minimum
thickness for locations classified as local residential streets and five
and one-quarter (5¼) inch minimum thickness for locations classified
as arterial or collector streets
(2) Streets rated 6-4 shall have a minimum of a six (6) foot by six (6) foot
patch and shall be a four (4) inch minimum thickness for locations
classified as local residential streets and five and one-quarter (5¼) inch
minimum thickness for locations classified as arterial or collector streets
(3) Streets rated 3-1 shall be replaced to a minimum of one (1) foot outside
the edge of the trench excavation and shall be three (3) inch minimum
thickness for locations classified as local residential streets and four (4)
inch minimum thickness for locations classified as arterial or collector
streets
(C) Curb-gutter removal or replacement and curb cuts for new or modified driveway
approaches shall be based on the PASER Rating.
(1) Installation of a curb cut
(a) Streets rated 10-7 shall be required to profile saw cut the curb head
(by approved method)
(b) Streets rated 6-4 shall be required to either profile saw cut the curb
head or remove curb/gutter section so that a minimum of a six (6)
foot joint spacing is to remain or be created. Minimum of one (1) foot
of new curb head beyond the top of taper for situations such as at a
wheelchair ramp, storm sewer inlet, etc.
(c) Streets rated 3-1 shall require a profile saw cut or the curb/gutter
shall be cut with either a one (1) or two (2) foot pan section with a
minimum of a six (6) foot joint spacing to remain. Director of Public
Works may reduce construction requirements based on field
conditions.
(2) Removal of curb cuts for abandoned driveway approaches
(a) Streets rated 10-7 shall be required to remove and replace the
concrete curb/gutter section to the next existing construction joint.
The remaining adjacent pavement panel shall be a minimum of six
(6) feet wide measured perpendicular to the pavement centerline.
(b) Streets rated 6-4 shall have curb/gutter reconstructed so that a
minimum of a six (6) foot joint spacing is to remain or be created.
Minimum of one (1) foot of new curb head beyond the top of taper for
situations such as at a wheelchair ramp, storm sewer inlet, etc. The
remaining adjacent pavement panel shall be a minimum of six (6)
feet wide measured perpendicular to the pavement centerline.
(c) Streets rated 3-1 shall have the curb/gutter be closed with either a
one (1) to two (2) foot pan section with a minimum of a six (6) foot
joint spacing to remain. Director of Public Works may reduce
construction requirements based on field conditions.
(d) Streets listed in the 5 year Capital Improvement Program are not
required to close the curb cut with the abandonment of a driveway
approach
(D) Pavement removal and replacement on asphalt over concrete streets
(1) Concrete removal shall follow Section 25-19(A)(3)
(2) Asphalt pavement shall match existing depth or shall be installed as
a two (2) inch minimum thickness
(3) Asphalt removal limits shall follow Section 25-19(B)
SECTION 6. That Chapter 25, Streets and Sidewalks, Section 25-20 of the
Oshkosh Municipal Code pertaining to width of trenches is hereby repealed.
SECTION 7. That Chapter 25, Streets and Sidewalks, Section 25-20 of the
Oshkosh Municipal Code pertaining to the manner in which concrete sidewalks and
terraces are to be cut is hereby created to read as follows:
SECTION 25-20 MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE
TO BE CUT.
(A) Where concrete sidewalks are encountered in the course of the excavation, a
section of such sidewalk from joint to joint shall be removed according the current
City of Oshkosh Standard Specifications. All sidewalks, wheelchair ramps, or
crosswalks disturbed or removed in the course of the work shall be rebuilt or
made in all respects as good, substantial and permanent as they were before the
work was started. (REF: Article VII Sidewalks). All handicap ramps which are
removed must be installed to meet Americans with Disability Act (ADA)
Requirements.
(B) All terraces disturbed in the course of excavation shall be rebuilt or made in all
respects as good, substantial, and permanent as they were before the
excavation was started.
(C) Bore holes located in sidewalk, wheelchair ramps, or crosswalks which are
greater than two (2) inch in diameter shall require replacement of entire sidewalk,
wheelchair ramp, or crosswalk section.
SECTION 8. That Chapter 25, Streets and Sidewalks, Section 25-21 of the
Oshkosh Municipal Code pertaining to the manner in which concrete sidewalks and
terrace are to be cut is hereby repealed.
SECTION 9. That Chapter 25, Streets and Sidewalks, Section 25-21 of the
Oshkosh Municipal Code pertaining to restoration in the right-of-way is hereby created
to read as follows:
SECTION 25-21 RESTORATION IN THE RIGHT OF WAY.
(A) Concrete Pavement
(1) Concrete replacement shall follow the current City of Oshkosh Standard
Specifications published by the Engineering Division.
(B) Asphalt Pavement and Asphalt over Concrete Pavement
(1) Asphalt replacement and asphalt over concrete shall follow the current
City of Oshkosh Standard Specifications published by the Engineering
Division.
SECTION 10. That Chapter 25, Streets and Sidewalks, Section 25-21.1 through
25-21.5 of the Oshkosh Municipal Code pertaining to replacing street surface, concrete
pavement, asphalt pavement and asphalt over concrete, oiled gravel streets, and
excavation of a series of trenches in high type pavement are hereby repealed.
SECTION 11. That Chapter 25, Streets and Sidewalks, Section 25-22 of the
Oshkosh Municipal Code pertaining to street to remain open to traffic during course of
excavation work is hereby renumbered to Section 25-23.
SECTION 12. That Chapter 25, Streets and Sidewalks, Section 25-22 of the
Oshkosh Municipal Code pertaining to excavation of a series of trenches or bore holes
in concrete or asphalt streets is hereby created to read as follows:
SECTION 25-22 EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES
IN CONCRETE, ASPHALT, OR ASPHALT OVER CONCRETE
STREETS.
(A) Where a series of trenches or boreholes are made in line and are less than
fifteen (15) feet apart on center, the entire surface of the pavement between
excavations shall be replaced as required in Section 25-19. Director of Public
Works may reduce construction requirements based on field conditions.
(B) Bore holes are limited to one (1) per concrete pavement panel. The bore holes
shall be no bigger than ten (10) inches in diameter and no closer than two (2)
feet from a joint. Multiple bore holes in a single panel will require removal and
replacement as required in Section 25-19.
SECTION 13. That Chapter 25, Streets and Sidewalks, Section 25-24 of the
Oshkosh Municipal Code pertaining to televising of sewers is hereby created to read as
follows:
SECTION 25-24TELEVISING OF SEWERS
(A) Contractors are required to televise the sanitary and/or storm sewer mains and
laterals when:
(1) They connect to a sanitary or storm sewer main or are connecting or
capping a lateral within three (3) feet of the sewer main
(2) They bore across any sanitary or storm sewer main or lateral
(B) Contractor is required to submit a copy of the televising on a DVD or flash drive
within forty-five (45) days of completing the work.
(C) Contractors that are doing boring work shall televise the sewer mains and
laterals immediately after work is completed. Whereas, contractors that are
doing utility work via open trench are required to televise the sewer main no
earlier than ten (10) days and no later than thirty (30) days after completion of the
work.
(D) The file shall be named with the Work In Right-Of-Way Permit number and be
edited such that the locations of work are viewable. The file shall be able to be
played on Windows Media Player. The contractor shall also submit a form
signed by a licensed plumber or licensed utility contractor, which certifies that no
defects were detected by the sewer televising investigation. This certification is
to be filed with the Engineering Division.
(E) If the contractor fails to submit a televising report to the Engineering Division, no
new Work in Right-of-Way Permits will be issued to said contractor until
televising required per Section 25-24 is submitted.
(F) Contractors found to have performed substandard work shall be required to
repair their work. A new Work In Right-Of-Way Permit will be required and a
citation may be issued.
SECTION 14. That Chapter 25, Streets and Sidewalks, Section 25-25 of the
Oshkosh Municipal Code pertaining to repairing of city streets when excavations have
been made is hereby repealed and recreated to read as follows:
SECTION 25-25 REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE
BEEN MADE THEREIN.
(A) Temporary patching is allowed and shall be maintained by the contractor until
such time as a pavement repair can be completed. Temporary patches for
locations classified as collector or arterial streets shall be made with hot mix
asphalt or a concrete slurry mix. Temporary patches for locations classified as
local residential streets shall be made with cold mix asphalt, hot mix asphalt, or a
concrete slurry mix.
(B) If the contractor fails to repair any alley, street, sidewalk, terrace, easement, or
other public place within the city, the City of Oshkosh will do the work and the
contractor will be billed for the actual cost and will receive a citation.
SECTION 15. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 16. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #12-248 (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH REPEALING & RECREATING STREETS
AND SIDEWALKS ORDINANCE / SECTION 25-12, WORK IN RIGHT-OF-WAY
LICENSE REQUIRED / SECTION 25-16, WORK IN RIGHT-OF-WAY PERMIT
REQUIRED/ SECTION 27-17, EXCAVATION & BACKFILLING MATERIALS; MANNER
IN WHICH WORK PERFORMED / SECTION 25-18, REMOVING EARTH FROM
STREETS PROHIBITED WITHOUT PERMISSION; DAMAGES / SECTION 25-19,
REMOVING AND REPLACEMENT OF PAVEMENT AND CURB AND GUTTER /
REPEALING SECTION 25-20, WIDTH OF TRENCHES & RECREATING SECTION 25-
20, MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE TO BE CUT /
REPEALING SECTION 25-21, MANNER IN WHICH CONCRETE SIDEWALKS AND
TERRACE TO BE CUT & RECREATING SECTION 25-21, RESTORATION IN THE
RIGHT OF WAY / REPEALING SECTION 25-21.1, REPLACING STREET SURFACE /
REPEALING SECTION 25-21.2, CONCRETE PAVEMENT / REPEALING SECTION
25-21.3, ASPHALT PAVMENT AND ASPHALT OVER CONCRETE / REPEALING
SECTION 25-21.4, OILED GRAVEL STREETS / REPEALING SECTION 25-21.5,
EXCAVATION OF A SERIES OF TRENCHES IN HIGH TYPE PAVEMENT /
RENUMBERING SECTION 25-22 TO 25-23 / CREATING SECTION 25-22,
EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES /CREATING
SECTION 25-24, TELEVISING OF SEWERS / REPEALING & RECREATING
SECTION 25-25, REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE
BEEN MADE THEREIN), on April 24, 2012 The ordinance amends license and permit
requirements for persons/contractors performing work within the right of way. The
ordinance amends the requirements for persons/contractors performing work within the
right of way and city easements related to excavation, backfilling, temporary patching,
repair and replacement of pavement, curb and gutter, sidewalk and terraces.
Restoration requirements will be based upon the condition of the existing street. The
ordinance will require persons/contractors to do excavation, boring, patching, repair and
restoration in the right-of-way in compliance with the City’s Standard Specifications
manual. The ordinance creates a new section requiring televising of sewers by private
contractors when those contractors connect to or bore across sanitary or storm sewers.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone:
920/236-5011.
APRIL 24, 2012 MAY 9, 2012 12-221 12-248 ORDINANCE
FIRST READING SECOND READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: REPEAL & RECREATE STREETS AND SIDEWALKS
ORDINANCE / SECTION 25-12, WORK IN RIGHT-OF-WAY
LICENSE REQUIRED / SECTION 25-16, WORK IN RIGHT-OF-
WAY PERMIT REQUIRED / SECTION 27-17, EXCAVATION &
BACKFILLING MATERIALS; MANNER IN WHICH WORK
PERFORMED / SECTION 25-18, REMOVING EARTH FROM
STREETS PROHIBITED WITHOUT PERMISSION; DAMAGES /
SECTION 25-19, REMOVING AND REPLACEMENT OF
PAVEMENT AND CURB AND GUTTER / REPEAL SECTION 25-
20, WIDTH OF TRENCHES & RECREATE SECTION 25-20,
MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE
TO BE CUT / REPEAL SECTION 25-21, MANNER IN WHICH
CONCRETE SIDEWALKS AND TERRACE TO BE CUT &
RECREATE SECTION 25-21, RESTORATION IN THE RIGHT OF
WAY / REPEAL SECTION 25-21.1, REPLACING STREET
SURFACE /REPEAL SECTION 25-21.2, CONCRETE PAVEMENT
/ REPEAL SECTION 25-21.3, ASPHALT PAVMENT AND
ASPHALT OVER CONCRETE / REPEAL SECTION 25-21.4,
OILED GRAVEL STREETS / REPEAL SECTION 25-21.5,
EXCAVATION OF A SERIES OF TRENCHES IN HIGH TYPE
PAVEMENT / RENUMBER SECTION 25-22 TO 25-23 / CREATE
SECTION 25-22, EXCAVATION OF A SERIES OF TRENCHES
OR BORE HOLES /CREATE SECTION 25-24, TELEVISING OF
SEWERS / REPEAL & RECREATE SECTION 25-25, REPAIRING
OF CITY STREETS WHEN EXCAVATIONS HAVE BEEN MADE
THEREIN
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING &
RECREATING STREETS AND SIDEWALKS ORDINANCE / SECTION 25-12, WORK
IN RIGHT-OF-WAY LICENSE REQUIRED / SECTION 25-16, WORK IN RIGHT-OF-
WAY PERMIT REQUIRED/ SECTION 27-17, EXCAVATION & BACKFILLING
MATERIALS; MANNER IN WHICH WORK PERFORMED / SECTION 25-18,
REMOVING EARTH FROM STREETS PROHIBITED WITHOUT PERMISSION;
DAMAGES / SECTION 25-19, REMOVING AND REPLACEMENT OF PAVEMENT
AND CURB AND GUTTER/REPEALING SECTION 25-20, WIDTH OF TRENCHES &
RECREATING SECTION 25-20, MANNER IN WHICH CONCRETE SIDEWALKS AND
TERRACE TO BE CUT / REPEALING SECTION 25-21, MANNER IN WHICH
CONCRETE SIDEWALKS AND TERRACE TO BE CUT & RECREATING SECTION
25-21, RESTORATION IN THE RIGHT OF WAY / REPEALING SECTION 25-21.1,
REPLACING STREET SURFACE / REPEALING SECTION 25-21.2, CONCRETE
PAVEMENT / REPEALING SECTION 25-21.3, ASPHALT PAVMENT AND ASPHALT
OVER CONCRETE / REPEALING SECTION 25-21.4, OILED GRAVEL STREETS /
REPEALING SECTION 25-21.5, EXCAVATION OF A SERIES OF TRENCHES IN
HIGH TYPE PAVEMENT / RENUMBERING SECTION 25-22 TO 25-23 / CREATING
SECTION 25-22, EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES
/CREATING SECTION 25-24, TELEVISING OF SEWERS / REPEALING &
RECREATING SECTION 25-25, REPAIRING OF CITY STREETS WHEN
EXCAVATIONS HAVE BEEN MADE THEREIN
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Chapter 25, Streets and Sidewalks, Section 25-12 of the
Oshkosh Municipal Code pertaining to work in the right-of-way license requirements is
hereby repealed and recreated to read as follows:
SECTION 25-12 WORK IN RIGHT-OF-WAY LICENSE REQUIRED.
No person shall excavate or remove any portion of any street, alley, sidewalk, terrace,
easement, or other public place in the City without having first obtained an annual
license therefore from the City Clerk. The fee for such license shall be on file with the
City Clerk. Licenses shall be valid from January 1 to December 31 of the year of
issuance. The fee for such license shall not be pro-ratable.
SECTION 2. That Chapter 25, Streets and Sidewalks, Section 25-16 of the
Oshkosh Municipal Code pertaining to Work In Right-Of-Way Permit requirements is
hereby repealed and recreated to read as follows:
SECTION 25-16 WORK IN RIGHT OF WAY PERMIT REQUIRED
No person shall excavate or remove any portion of any street, alley, sidewalk, terrace,
easement, or other public place in the City without having first obtained a Work In Right-
Of-Way Permit therefore from the Department of Public Works. Any fee charged for a
Work In Right-Of-Way Permit will be established by resolution on an annual basis by the
Common Council. A separate permit for right-of-way obstruction under this Chapter
shall not be required. All work completed in any street, alley, sidewalk, terrace,
easement, or other public place in the City must follow the current City of Oshkosh
Standard Specifications published by the Engineering Division.
SECTION 3. That Chapter 25, Streets and Sidewalks, Section 25-17 of the
Oshkosh Municipal Code pertaining to excavation and backfilling materials and the
manner in which work is performed is hereby repealed and recreated to read as follows:
SECTION 25-17 EXCAVATION AND BACKFILLING MATERIALS; MANNER IN
WHICH WORK PERFORMED.
(A) All excavations in regularly traveled streets shall be backfilled to the street line,
which is the property line established by the property abutting the street, with
granular materials approved by the Department of Public Works, except that the
terrace between the existing flow line or building side of the curb, and the street
side of the sidewalk line the top ten (10) inches may be filled with earth. The
granular materials approved by the Department of Public Works shall be well
graded and all passing a one (1) inch screen. The stone shall be compacted in
twelve (12) inch layers by use of hand or pneumatic tampers. That the top eight
(8) inches of the trench in the traveled way, or if the curbing exists from back of
curb to back of curb, shall be filled with crusher run stone, well graded and all
passing a one (1) inch screen, compacted in place.
(B) All tunneling/boring shall be backfilled with sand and well packed by ramming in
place so as to prevent settling, except slurry mix which is to be used where it is
deemed necessary by the Department of Public Works.
(C) The intent of this Section is to have all excavations backfilled to produce a stable
surface. If trenches or tunnels should settle within a period of two (2) years, the
firm or individual obtaining the excavation permit shall immediately re-excavate
the trench, backfill, and restore the surface at their own expense when so
ordered by the Department of Public Works.
(D) All material excavated shall become the property of the contractor, and shall be
disposed of by the contractor.
SECTION 4. That Chapter 25, Streets and Sidewalks, Section 25-18 of the
Oshkosh Municipal Code pertaining to removal of earth from streets and the liability for
damages is hereby repealed and recreated to read as follows:
SECTION 25-18 REMOVING EARTH FROM STREETS PROHIBITED WITHOUT
PERMISSION; DAMAGES.
No person shall remove or cause to be removed any earth from any street, alley,
sidewalk, terrace, easement, or other public place in the City without first having
obtained a Work In Right-Of-Way Permit from the Department of Public Works. Any
person removing or causing to be removed earth in violation of this section shall be
liable for the actual cost to replace what was removed and a citation may be issued.
SECTION 5. That Chapter 25, Streets and Sidewalks, Section 25-19 of the
Oshkosh Municipal Code pertaining to the removal and replacement of pavement and
curb & gutter is hereby repealed and recreated to read as follows:
SECTION 25-19 REMOVING AND REPLACEMENT OF PAVEMENT AND CURB
AND GUTTER.
All pavement removal and replacement must follow the current City of Oshkosh
Standard Specifications published by the Engineering Division.
(A) Pavement removal on concrete streets shall be based on the PASER Rating.
Concrete pavement replacement depth and dowel installation shall match
existing pavement.
(1) Streets rated 10-7 shall be full panel replacement (i.e. to nearest
longitudinal and traverse joints)
(2) Streets rated 6-4 shall be cut/restored as follows: (1) a minimum of a six
(6) foot panel measured parallel to the pavement centerline remains or is
created and (2) a full panel width perpendicular to the pavement centerline
(3) Streets rated 3-1 but not listed in the Capital Improvement Program shall
be replaced with a minimum of a six (6) foot wide section in all directions
(4) Streets listed in the 5 year Capital Improvement Program shall be
replaced with Hot Mix (unless otherwise specified by the Director of Public
Works) three (3) inch minimum depth for locations classified as local
residential streets; four (4) inch minimum depth for locations classified as
collector or arterial streets
(B) Pavement removal on asphalt streets shall be based on the PASER Rating.
Pavement replacement type shall be specified by the Director of Public Works.
(1) Streets rated 10-7 shall have:
(a) A minimum of a twenty-five (25) foot section which is parallel to the
pavement centerline shall be milled and overlaid. The minimum
overlay thickness shall be one and one-half (1%) inches.
(b) Asphalt surface replaced to a minimum of five (5) feet outside of the
edge of the trench excavation
(c) Overlay shall be to the nearest cold joint or pavement centerline
(d) Pavement depth over the excavation shall be a four (4) inch minimum
thickness for locations classified as local residential streets and five
and one-quarter (5%) inch minimum thickness for locations classified
as arterial or collector streets
(2) Streets rated 6-4 shall have a minimum of a six (6) foot by six (6) foot
patch and shall be a four (4) inch minimum thickness for locations
classified as local residential streets and five and one-quarter (5%) inch
minimum thickness for locations classified as arterial or collector streets
(3) Streets rated 3-1 shall be replaced to a minimum of one (1) foot outside
the edge of the trench excavation and shall be three (3) inch minimum
thickness for locations classified as local residential streets and four (4)
inch minimum thickness for locations classified as arterial or collector
streets
(C) Curb-gutter removal or replacement and curb cuts for new or modified driveway
approaches shall be based on the PASER Rating.
(1) Installation of a curb cut
(a) Streets rated 10-7 shall be required to profile saw cut the curb head
(by approved method)
(b) Streets rated 6-4 shall be required to either profile saw cut the curb
head or remove curb/gutter section so that a minimum of a six (6)
foot joint spacing is to remain or be created. Minimum of one (1) foot
of new curb head beyond the top of taper for situations such as at a
wheelchair ramp, storm sewer inlet, etc.
(c) Streets rated 3-1 shall require a profile saw cut or the curb/gutter
shall be cut with either a one (1) or two (2) foot pan section with a
minimum of a six (6) foot joint spacing to remain. Director of Public
Works may reduce construction requirements based on field
conditions.
(2) Removal of curb cuts for abandoned driveway approaches
(a) Streets rated 10-7 shall be required to remove and replace the
concrete curb/gutter section to the next existing construction joint.
The remaining adjacent pavement panel shall be a minimum of six
(6) feet wide measured perpendicular to the pavement centerline.
(b) Streets rated 6-4 shall have curb/gutter reconstructed so that a
minimum of a six (6) foot joint spacing is to remain or be created.
Minimum of one (1) foot of new curb head beyond the top of taper for
situations such as at a wheelchair ramp, storm sewer inlet, etc. The
remaining adjacent pavement panel shall be a minimum of six (6)
feet wide measured perpendicular to the pavement centerline.
(c) Streets rated 3-1 shall have the curb/gutter be closed with either a
one (1) to two (2) foot pan section with a minimum of a six (6) foot
joint spacing to remain. Director of Public Works may reduce
construction requirements based on field conditions.
(d) Streets listed in the 5 year Capital Improvement Program are not
required to close the curb cut with the abandonment of a driveway
approach
(D) Pavement removal and replacement on asphalt over concrete streets
(1) Concrete removal shall follow Section 25-19(A)(3)
(2) Asphalt pavement shall match existing depth or shall be installed as
a two (2) inch minimum thickness
(3) Asphalt removal limits shall follow Section 25-19(B)
SECTION 6. That Chapter 25, Streets and Sidewalks, Section 25-20 of the
Oshkosh Municipal Code pertaining to width of trenches is hereby repealed.
SECTION 7. That Chapter 25, Streets and Sidewalks, Section 25-20 of the
Oshkosh Municipal Code pertaining to the manner in which concrete sidewalks and
terraces are to be cut is hereby created to read as follows:
SECTION 25-20 MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE
TO BE CUT.
(A) Where concrete sidewalks are encountered in the course of the excavation, a
section of such sidewalk from joint to joint shall be removed according the current
City of Oshkosh Standard Specifications. All sidewalks, wheelchair ramps, or
crosswalks disturbed or removed in the course of the work shall be rebuilt or
made in all respects as good, substantial and permanent as they were before the
work was started. (REF: Article VII Sidewalks). All handicap ramps which are
removed must be installed to meet Americans with Disability Act (ADA)
Requirements.
(B) All terraces disturbed in the course of excavation shall be rebuilt or made in all
respects as good, substantial, and permanent as they were before the
excavation was started.
(C) Bore holes located in sidewalk, wheelchair ramps, or crosswalks which are
greater than two (2) inch in diameter shall require replacement of entire sidewalk,
wheelchair ramp, or crosswalk section.
SECTION 8. That Chapter 25, Streets and Sidewalks, Section 25-21 of the
Oshkosh Municipal Code pertaining to the manner in which concrete sidewalks and
terrace are to be cut is hereby repealed.
SECTION 9. That Chapter 25, Streets and Sidewalks, Section 25-21 of the
Oshkosh Municipal Code pertaining to restoration in the right-of-way is hereby created
to read as follows:
SECTION 25-21 RESTORATION IN THE RIGHT OF WAY.
(A) Concrete Pavement
(1) Concrete replacement shall follow the current City of Oshkosh Standard
Specifications published by the Engineering Division.
(B) Asphalt Pavement and Asphalt over Concrete Pavement
(1) Asphalt replacement and asphalt over concrete shall follow the current
City of Oshkosh Standard Specifications published by the Engineering
Division.
SECTION 10. That Chapter 25, Streets and Sidewalks, Section 25-21.1 through
25-21.5 of the Oshkosh Municipal Code pertaining to replacing street surface, concrete
pavement, asphalt pavement and asphalt over concrete, oiled gravel streets, and
excavation of a series of trenches in high type pavement are hereby repealed.
SECTION 11. That Chapter 25, Streets and Sidewalks, Section 25-22 of the
Oshkosh Municipal Code pertaining to street to remain open to traffic during course of
excavation work is hereby renumbered to Section 25-23.
SECTION 12. That Chapter 25, Streets and Sidewalks, Section 25-22 of the
Oshkosh Municipal Code pertaining to excavation of a series of trenches or bore holes
in concrete or asphalt streets is hereby created to read as follows:
SECTION 25-22 EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES
IN CONCRETE, ASPHALT, OR ASPHALT OVER CONCRETE
STREETS.
(A) Where a series of trenches or boreholes are made in line and are less than
fifteen (15) feet apart on center, the entire surface of the pavement between
excavations shall be replaced as required in Section 25-19. Director of Public
Works may reduce construction requirements based on field conditions.
(B) Bore holes are limited to one (1) per concrete pavement panel. The bore holes
shall be no bigger than ten (10) inches in diameter and no closer than two (2)
feet from a joint. Multiple bore holes in a single panel will require removal and
replacement as required in Section 25-19.
SECTION 13. That Chapter 25, Streets and Sidewalks, Section 25-24 of the
Oshkosh Municipal Code pertaining to televising of sewers is hereby created to read as
follows:
SECTION 25-24 TELEVISING OF SEWERS
(A) Contractors are required to televise the sanitary and/or storm sewer mains and
laterals when:
(1) They connect to a sanitary or storm sewer main or are connecting or
capping a lateral within three (3) feet of the sewer main
(2) They bore across any sanitary or storm sewer main or lateral
(B) Contractor is required to submit a copy of the televising on a DVD or flash drive
within forty-five (45) days of completing the work.
(C) Contractors that are doing boring work shall televise the sewer mains and
laterals immediately after work is completed. Whereas, contractors that are
doing utility work via open trench are required to televise the sewer main no
earlier than ten (10) days and no later than thirty (30) days after completion of the
work.
(D) The file shall be named with the Work In Right-Of-Way Permit number and be
edited such that the locations of work are viewable. The file shall be able to be
played on Windows Media Player. The contractor shall also submit a form
signed by a licensed plumber or licensed utility contractor, which certifies that no
defects were detected by the sewer televising investigation. This certification is
to be filed with the Engineering Division.
(E) If the contractor fails to submit a televising report to the Engineering Division, no
new Work in Right-of-Way Permits will be issued to said contractor until
televising required per Section 25-24 is submitted.
(F) Contractors found to have performed substandard work shall be required to
repair their work. A new Work In Right-Of-Way Permit will be required and a
citation may be issued.
SECTION 14. That Chapter 25, Streets and Sidewalks, Section 25-25 of the
Oshkosh Municipal Code pertaining to repairing of city streets when excavations have
been made is hereby repealed and recreated to read as follows:
SECTION 25-25 REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE
BEEN MADE THEREIN.
(A) Temporary patching is allowed and shall be maintained by the contractor until
such time as a pavement repair can be completed. Temporary patches for
locations classified as collector or arterial streets shall be made with hot mix
asphalt or a concrete slurry mix. Temporary patches for locations classified as
local residential streets shall be made with cold mix asphalt, hot mix asphalt, or a
concrete slurry mix.
(B) If the contractor fails to repair any alley, street, sidewalk, terrace, easement, or
other public place within the city, the City of Oshkosh will do the work and the
contractor will be billed for the actual cost and will receive a citation.
SECTION 15. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 16. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #12-248 (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH REPEALING & RECREATING STREETS
AND SIDEWALKS ORDINANCE / SECTION 25-12, WORK IN RIGHT-OF-WAY
LICENSE REQUIRED / SECTION 25-16, WORK IN RIGHT-OF-WAY PERMIT
REQUIRED/ SECTION 27-17, EXCAVATION & BACKFILLING MATERIALS; MANNER
IN WHICH WORK PERFORMED / SECTION 25-18, REMOVING EARTH FROM
STREETS PROHIBITED WITHOUT PERMISSION; DAMAGES / SECTION 25-19,
REMOVING AND REPLACEMENT OF PAVEMENT AND CURB AND GUTTER /
REPEALING SECTION 25-20, WIDTH OF TRENCHES & RECREATING SECTION 25-
20, MANNER IN WHICH CONCRETE SIDEWALKS AND TERRACE TO BE CUT /
REPEALING SECTION 25-21, MANNER IN WHICH CONCRETE SIDEWALKS AND
TERRACE TO BE CUT & RECREATING SECTION 25-21, RESTORATION IN THE
RIGHT OF WAY / REPEALING SECTION 25-21.1, REPLACING STREET SURFACE /
REPEALING SECTION 25-21.2, CONCRETE PAVEMENT / REPEALING SECTION
25-21.3, ASPHALT PAVMENT AND ASPHALT OVER CONCRETE / REPEALING
SECTION 25-21.4, OILED GRAVEL STREETS / REPEALING SECTION 25-21.5,
EXCAVATION OF A SERIES OF TRENCHES IN HIGH TYPE PAVEMENT /
RENUMBERING SECTION 25-22 TO 25-23 / CREATING SECTION 25-22,
EXCAVATION OF A SERIES OF TRENCHES OR BORE HOLES /CREATING
SECTION 25-24, TELEVISING OF SEWERS / REPEALING & RECREATING
SECTION 25-25, REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE
BEEN MADE THEREIN), on April 24, 2012 The ordinance amends license and permit
requirements for persons/contractors performing work within the right of way. The
ordinance amends the requirements for persons/contractors performing work within the
right of way and city easements related to excavation, backfilling, temporary patching,
repair and replacement of pavement, curb and gutter, sidewalk and terraces.
Restoration requirements will be based upon the condition of the existing street. The
ordinance will require persons/contractors to do excavation, boring, patching, repair and
restoration in the right-of-way in compliance with the City's Standard Specifications
manual. The ordinance creates a new section requiring televising of sewers by private
contractors when those contractors connect to or bore across sanitary or storm sewers.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
920/236-5011.
IL.
01-K01
ON INE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works
DATE: April 19, 2012
RE: Revisions to Chapter 25/Streets& Sidewalks
BACKGROUND
Currently, when a private company performs work within the right of way, the same minimum patch size is
required for any street and there are no requirements for television inspection of the utilities after work is
completed. The small minimum patch size has resulted in new streets' pavements being broken into
smaller segments. These smaller segments do not ride as well and can often create failures/defects in
adjacent pavement in just a few years. Public Works discovers numerous defects caused by private utility
work each year. The defects include other utilities boring through a storm sewer, thus reducing capacity
and increasing flooding. They also include damage to sanitary sewer mains and laterals, allowing clear
water to enter the sanitary sewer or causing sewage backups in homes.
ANALYSIS
The proposed changes include increasing the minimum pavement area to be removed and restored to
eliminate additional joints in the pavement and improve the ride of the surface. These changes will help
preserve the overall life of the street by keeping streets in a similar condition to the surrounding pavements.
Pavements in poor condition that are scheduled for reconstruction will have the pavement restoration
requirements reduced.
Requiring the television inspection of work that has the potential to damage adjoining sewers will help
reduce clear water inflow / infiltration into the sanitary sewer and help prevent sewage backups into
adjacent properties. These inspections will also show if a boring has penetrated another sewer pipe
creating capacity or structural issues. Wisconsin Public Service has already implemented the televising
requirement of any sewer pipes they cross during any of their boring projects for gas and electric work to
ensure damage has not occurred to the sanitary and storm sewers.
Attached is a summary of the proposed changes. The Department of Public Works is proposing these
changes because the City has invested a great amount of money into the streets and associated public
utility systems. These changes will prolong the life of the public investment. These proposed changes will
also help prevent future backups due to boring through the sanitary sewer and storm sewer laterals and
mains.
FISCAL IMPACT
The long term costs to the City to maintain streets and utilities will be reduced by the proposed changes.
The costs for private companies to excavate and restore the right of way will increase on newer streets;
however, the costs will be reduced on streets scheduled for reconstruction.
RECOMMENDATIONS
I recommend approval of the revisions to Chapter 25, Streets and Sidewalks.
Respectfully Submitted, Approved:
Steven M. Gohde, P.E. Mark A. Rohloff
Asst. Director of Public Works City Manager
SMG/tlt
I\Engineering\Correspondence\Steve Gohde\council memos\chapter 25 rev4-19-I2.docx
Summary of the Proposed Changes for Working in the Right of Way
Chapter 25 of Municipal Code
A. Current Practice for working in the Right of Way
a. Contractor must take out a Work in Right-of-Way Permit for any work performed within the right of
way—No Change Proposed
b. Contractor is required to restore the right of way to meet the existing conditions(typically a 6'x6'
patch is allowed)
c. Permit holder would warranty the work and any restoration for a period of 2 years—No Change
Proposed
d. There are no requirements for inspections of public utilities
B. Current Issues that the City Faces
a. 6'x6' patch creates additional joints which can result in cracking of concrete adjacent to the new
patch
b. The ride on asphalt pavement is no longer smooth
c. There is no check for public utilities for damage after construction
i. Examples consist of clear water entering the sanitary sewer after a poor connection to the
sanitary main
ii. Sanitary sewer backups to homeowners after private contractors bore through the sanitary
lateral
C. Proposed Pavement Restoration Process
a. Restoration will be based on the existing road condition (The PASER Rating)
b. Pavement rated as "Good" and "Excellent" condition (PASER Rating 7-10)
i. Concrete Streets will require whole panel replacement(joint to joint)
ii. Asphalt Streets will require mill and replace a minimum of 25'to smooth the ride out
c. Pavement rated as"Fair"condition, (PASER Rating 4-6)
i. Concrete Streets will require a minimum of 6'width for full width of the lane
ii. Asphalt streets will require a minimum of a 6'x6' patch—no small section (<6')of existing
pavement be allowed to remain
d. Pavement rated as"Poor"condition (PASER Rating 1-3)
i. Streets will be required to replace a minimum of a 6'x6' patch
e. Streets in the 5 year CIP Plan
i. Patches will be held to a minimum needed to compete underground work
ii. Asphalt will be allowed on concrete streets
D. Proposed Utility Inspections
a. Closed circuit video of any connection to the public mains
b. Closed circuit video when private utility companies bore across any sanitary or storm laterals and
mains to insure no damage
i. Purpose
1. Verify the integrity of the existing public main
2. Verify no clear water is entering the sanitary sewer
3. Verify the integrity of private laterals
I:\Engineering\Steve Gohde Temp\summary for Chapter 25 Changes.doc