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HomeMy WebLinkAbout19. 18-590 DECEMBER 11, 2018 18-590 ORDINANCE FIRST READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REVISIONS TO CHAPTER 25 / STREETS AND SIDEWALKS INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTIONS OF CHAPTER 25 OF THE CITY OF OSHKOSH MUNICIPAL CODE REGULATING STREETS AND SIDEWALKS IN THE CITY OF OSHKOSH The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Chapter 25, Sections: 25-12, 25-13, 25-14, 25-16, 25-18, 25-26, 25- 32, 25-33, 25-34, 25-36, 25-45, 25-46, 25-47, 25-48, 25-49, 25-50, 25-52, and 25-92 of the City of Oshkosh Municipal Code regulating Streets and Sidewalks within the City of Oshkosh are hereby repealed and recreated to read as follows: (See attached exhibit for text of ordinance) SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #18-590 REPEAL AND RECREATE SECTIONS OF CHAPTER 25 / STREETS AND SIDEWALKS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTIONS OF CHAPTER 25 OF THE CITY OF OSHKOSH MUNICIPAL CODE REGULATING STREETS AND SIDEWALKS IN THE CITY OF OSHKOSH)on December 11, 2018. The ordinance amends provisions pertaining to right-of-way licenses and permits to consolidate all licensing and permitting into the Department of Public Works and to provide for annual and site specific licenses. The ordinance also modifies bond requirements to provide for the new annual bonds. 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. City of� Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Co m Council FROM: James Rabe, Director of Public Work DATE: December 6, 2018 RE: Approve Revisions to Chapter 25 / Streets and Sidewalk BACKGROUND The City of Oshkosh (City) requires any contractor, not hired by the City, doing work within the City right-of-way to obtain a permit prior to beginning the work. Currently, Chapter 25 of the Municipal Code of the City of Oshkosh dictates the City Clerk's Office is responsible for issuing all right-of-way licenses, while the Department of Public Works is responsible for issuing all right- of-way permits. There are currently multiple right-of-way license types. Although these licensing and permitting procedures are performed separately, the right-of-way permit process is dependent on the issuance of a right-of-way license first. The Department of Public Works recently initiated a new online permit software system through the Evolve software program previously purchased by the City. By using this software, information can be easily accessed by multiple people across the City. The Evolve software will allow the Department of Public Works to issue the right-of-way license, as well as the right-of- way permit. Chapter 25 needs to be modified to allow this change. Additionally, it is proposed to reduce the types of right-of-way licenses and adjust the bond amount required to ensure the City can complete any defective or incomplete work. ANALYSIS The applicant's interaction with the City should improve if a single department is responsible for processing both right-of-way licenses and permits, and if the types of right-of-way licenses is reduced to two (2). The current right-of-way license is based on the type of work the contractor will do. This results in many contractors carrying more than one (1) license. The proposed system will change to an Annual License or a Site -Specific License for any construction work performed within the City's right-of-way. The primary difference between the two licenses is the bond amount the City will require, as well as the Annual License allowing contractors to obtain multiple permits on one (1) license. An Annual License will require a $25,000 bond, while a Site - L\ Engineering\Tracy Taylor\Memos to Mayor & Common Council\2018\Rev to Chap 25_12-6-18.docx Page 1 of 2 Specific License will be $5,000, the current required bond amount. Licenses issued based on the contractor's level of work provide better coverage for the City and will allow contractors with limited work in the City to carry a smaller bond. Obstruction licenses and permits will continue to be available for those only placing an object within the right-of-way on a temporary basis. Through these changes, right-of-way licenses and permit applications will function better as defined groups or pairs. FISCAL IMPACT There are no budgetary impacts associated with these changes. RECOMMENDATIONS I recommend approval of the revisions to Chapter 25 of the Municipal Code of the City of Oshkosh. Approved, Mark A. Rohloff City Manager JER/tlt 1:\ Engineering\Tracy Taylor\ Memos to Mayor & Common Council\2018\ Rev to Chap 25_12-6-18.docx Page 2 of 2 SECTION 25-12 RIGHT-OF-WAY EXCAVATION LICENSE REQUIRED A. 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 or single site license from the Department of Public Works. The fee for such license shall be on file with the Department of Public Works as specified for annual and Single Site Licenses. B. An Annual Right of Way Excavation License shall be valid from January 1 to December 31 of the year of issuance. An Annual Right of Way Excavation license shall be required when such work is greater than 200 continuous feet within the right of way, easement or other public place or work being performed at numerous locations within the time of issuance. Each work site shall require an individual Excavation Right of Way Permit. C. . A Single Site Right of Way Excavation License shall be valid from the date of issuance until the expiration date printed on the adjoining Right of Way Excavation Permit. Work permitted under this license shall be limited to 200 continuous feet within the right of way The fee for such licenses shall not be pro -ratable. D. Any person excavating within, the right of way without first obtaining an excavation license and permit shall pay a late fee of double the original license and permit fee set by the Common Council. Any person obtaining a excavation license or permit after the work has been completed shall obtain an annual license and shall pay the late fee. SECTION 25-13 LIABILITY INSURANCE REQUIRED FOR ISSUANCE OF LICENSE Before a license to work within the right of way is issued, the applicant shall file with the Department of Public Works insurance in the form and amount specified in Appendix "A" to this Chapter. SECTION 25-14 SURETY BOND; NATURE AND AMOUNT Before a Work in the Right -of -Way License may be issued, the applicant shall file with the Department of Public Works a surety bond in the form specified by the City Attorney in the amount of twenty five thousand dollars ($25,000) for an Annual Right -of -Way Excavation License or five thousand dollars ($5,000) for a Single Site Right of Way Excavation License conditioned that the principal obligator shall faithfully perform, or caused to be performed, all work in the right of way be done with proper care and skill, obey all laws of the State of Wisconsin, and all ordinances of the City in regard to obstruction of or work within the right of way areas and with the employment of labor, properly replace and restore any street, sidewalk, terrace or other public area in accordance with current edition of the Standard Specification for City of Oshkosh, Wisconsin, to pay to the City of Oshkosh any amounts due for services, labor, equipment or materials furnished in connection therewith within one week of invoice; that the licensee shall indemnify and save harmless the City from all accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be obligated to pay, including without limitation, damages, punitive damages, attorney fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work performed for a period beginning on the date of issuance of the license through a date two years from the expiration of license. 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 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 25-18 REMOVING EARTH FROM STREETS PROHIBITED WITHOUT PERMISSION; DAMAGE 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 in violation of this section shall be liable for the actual cost to replace what was removed and a citation may be issued. SECTION 25-26 OBSTRUCTIONS IN STREET PROHIBITED No person shall place or deposit, except as thereinafter permitted in any sidewalk or in any street within the City any cask, box, crate, wood, stone, lumber, posts, firewood, timber, dirt, ashes, or other object, article, substance, or material, nor erect within the limits of such street or sidewalk any scaffold, platform or other structure or obstruction whatever without a written license and permit therefor from the Department of Public Works, obtained as hereinafter provided, nor obstruct or stop the flow of water in any manner in any ditch, sewer, gutter or culvert in, along or across any street, lane, alley or public grounds or sidewalks in the City. Obstructions include any object(s) placed in the right-of-way which obstruct the free movement of vehicular, pedestrian or bicycle traffic including the placement of vehicles, equipment, building or other materials on streets, sidewalks or alleys. SECTION 25-32 RIGHT OF WAY OBSTRUCTION LICENSE A. No person shall obstruct or cause to be obstructed in any manner any traveled portion of a public street, alley, sidewalk, terrace or other public way, without first obtaining a Street Obstruction License and Obstruction Permit. The license shall be made upon application to the office of the Department of Public Works. The fee charged for a Right of Way Obstruction Permit will be established by resolution by the Common Council. Licenses shall be valid from January 1 to December 31St of the year of issuance. The fee for such license shall not be pro - ratable. B. Any person placing an obstruction within, the right of way without first obtaining an obstruction license and permit shall pay a late fee of double the original license and permit fee set by the Common Council. SECTION 25-33 LIABILITY INSURANCE REQUIRED Before a Street Obstruction License may be issued, the applicant shall file with the Department of Public Works insurance in the form and amount specified in Appendix "A" to this Chapter. SECTION 25-34 SURETY BOND; NATURE AND AMOUNT Before a Right of Way Obstruction License may be issued, the applicant shall file with the Department of Public Works a surety bond in the amount of five thousand dollars ($5,000.00) conditioned that the principal obligator shall faithfully perform all work done in the right of way with proper care and skill, obey all laws of the State of Wisconsin and all ordinances of the City in regard to obstruction of or work within the right of way areas; and with the employment of labor, properly replace and restore any street, sidewalk, terrace or other public area to as good a condition as it was in before the obstruction or work performed under the license; to pay to the City of Oshkosh any amounts due for services or materials furnished in connection therewith within one month of invoice; that the licensee shall indemnify and save harmless the City from all accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be obligated to pay, including without limitation, damages, punitive damages, attorney fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work performed for a period beginning on the date of issuance of the license through a date two years from the expiration of license. SECTION 25-36 RIGHT OF WAY OBSTRUCTION PERMIT REQUIRED No person shall obstruct any street, alley, sidewalk, terrace or other public place in the City without first having obtained a street / sidewalk obstruction permit therefor from the office of the Department of Public Works. The fee charged for a Right of Way Obstruction Permit will be established by resolution by the Common Council. SECTION 25-45 CONCRETE SIDEWALK AND CURB CUT LICENSE REQUIREMENTS No person, firm, or corporation shall engage in or carry on the business of constructing concrete sidewalks and driveway approaches or constructing or altering curb cuts in the city without procuring an excavation license and permit therefore from the office of the Department of Public works as herein provided SECTION 25-46 CONCRETE SIDEWALK CURB CUT CONTRACTORS - LICENSE; APPLICATION; CONTENTS The application for an excavation license sidewalk layers/curb cut contractor's license shall state the name and place of business of the applicant and shall contain a statement by the applicant agreeing to abide by the rules and regulations and specifications adopted by the Board of Public Works and Director of Public Works and to obey all ordinances and resolutions of the City in relation to said work. SECTION 25-47 CONCRETE SIDEWALK/CURB CUT CONTRACTOR - CHANGE IN BUSINESS NAME OR ADDRESS A licensee shall immediately notify the Department of Public Works of every change of place of business or of the name under which the business of such licensee is carried on. SECTION 25-48 LICENSE FEE; PAYMENT TO TREASURER See section 25-12. The fee for such license shall not be pro -ratable. SECTION 25-49 LIABILITY INSURANCE REQUIRED See section 25-13. SECTION 25-50 BOND See section 25-14. SECTION 25-52 SIDEWALK/CURB CUT/DRIVEWAY APPROACH CONSTRUCTION PERMIT; APPLICATION; CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS No sidewalk, curb cut, or driveway approach shall be excavated, altered, or constructed by any person, firm or corporation without a Right -of -Way Excavation permit issued by the Department of Public Works to construct the same, said permit shall be signed by the party responsible for the construction, and shall state the length of said proposed walk, any openings to be left therein or thereunder and the means proposed to cover or protect the same, and designating the premises in front of which the walk is to be constructed and the nature of the principal buildings thereof. The fee charged for this permit will be established by resolution by the Common Council SECTION 25-92 PERMIT REQUIRED FOR CURB CUT CONSTRUCTION No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb - cut, driveway approach or street on the public streets without first obtaining a Right of Way Excavation License for that purpose from the Department of Public Works as provided in section 25-16 of this Chapter. In addition, for each project or address at which work will be performed a Right of Way Excavation permit shall be obtained from the Department of Public Works as provided by this Article. Before receiving such permit, the applicant shall pay to the City Treasurer the fee established by resolution by the Common Council. SECTION 25-12 RIGHT-OF-WAY EXCAVATION LICENSE REQUIRED A. 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 or single site license from the Department of Public Works. The fee for such license shall be on file with the Department of Public Works as specified for annual and Single Site Licenses. B. An Annual Right of Way Excavation License shall be valid from January 1 to December 31 of the year of issuance.An Annual Right of Way Excavation license shall be required when such work is greater than 200 continuous feet within the right of way, easement or other public place or work being performed at numerous locations within the time of issuance. Each work site shall require an individual Excavation Right of Way Permit. C. . A Single Site Right of Way Excavation License shall be valid from the date of issuance until the expiration date printed on the adjoining Right of Way Excavation Permit.Work permitted under this license shall be limited to 200 continuous feet within the right of way The fee for such licenses shall not be pro-ratable. D. Any person excavating within, the right of way without first obtaining an excavation license and permit shall pay a late fee of double the original license and permit fee set by the Common Council. Any person obtaining a excavation license or permit after the work has been completed shall obtain an annual license and shall pay the late fee. SECTION 25-13 LIABILITY INSURANCE REQUIRED FOR ISSUANCE OF LICENSE Before a license to work within the right of way is issued, the applicant shall file with the Department of Public Works insurance in the form and amount specified in Appendix"A"to this Chapter. SECTION 25-14 SURETY BOND; NATURE AND AMOUNT Before a Work in the Right-of-Way License may be issued, the applicant shall file with the Department of Public Works a surety bond in the form specified by the City Attorney in the amount of twenty five thousand dollars($25,000)for an Annual Right-of-Way Excavation License or five thousand dollars ($5,000) for a Single Site Right of Way Excavation License conditioned that the principal obligator shall faithfully perform, or caused to be performed, all work in the right of way be done with proper care and skill, obey all laws of the State of Wisconsin, and all ordinances of the City in regard to obstruction of or work within the right of way areas and with the employment of labor,properly replace and restore any street,sidewalk,terrace or other public area in accordance with current edition of the Standard Specification for City of Oshkosh, Wisconsin, to pay to the City of Oshkosh any amounts due for services, labor, equipment or materials furnished in connection therewith within one week of invoice; that the licensee shall indemnify and save harmless the City from all accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be obligated to pay, including without limitation, damages, punitive damages, attorney fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work performed for a period beginning on the date of issuance of the license through a date two years from the expiration of license. 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 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 25-18 REMOVING EARTH FROM STREETS PROHIBITED WITHOUT PERMISSION;DAMAGE 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 in violation of this section shall be liable for the actual cost to replace what was removed and a citation may be issued. SECTION 25-26 OBSTRUCTIONS IN STREET PROHIBITED No person shall place or deposit, except as thereinafter permitted in any sidewalk or in any street within the City any cask, box, crate, wood, stone, lumber, posts, firewood, timber, dirt, ashes, or other object, article, substance, or material, nor erect within the limits of such street or sidewalk any scaffold, platform or other structure or obstruction whatever without a written license and permit therefor from the Department of Public Works, obtained as hereinafter provided, nor obstruct or stop the flow of water in any manner in any ditch, sewer, gutter or culvert in, along or across any street, lane, alley or public grounds or sidewalks in the City. Obstructions include any object(s) placed in the right-of-way which obstruct the free movement of vehicular, pedestrian or bicycle traffic including the placement of vehicles, equipment, building or other materials on streets, sidewalks or alleys. SECTION 25-32 RIGHT OF WAY OBSTRUCTION LICENSE A. No person shall obstruct or cause to be obstructed in any manner any traveled portion of a public street, alley, sidewalk, terrace or other public way, without first obtaining a Street Obstruction License and Obstruction Permit. The license shall be made upon application to the office of the Department of Public Works. The fee charged for a Right of Way Obstruction Permit will be established by resolution by the Common Council.Licenses shall be valid from January 1 to December 31St of the year of issuance. The fee for such license shall not be pro- ratable. B. Any person placing an obstruction within, the right of way without first obtaining an obstruction license and permit shall pay a late fee of double the original license and permit fee set by the Common Council. SECTION 25-33 LIABILITY INSURANCE REQUIRED Before a Street Obstruction License may be issued, the applicant shall file with the Department of Public Works insurance in the form and amount specified in Appendix "A" to this Chapter. SECTION 25-34 SURETY BOND; NATURE AND AMOUNT Before a Right of Way Obstruction License may be issued, the applicant shall file with the Department of Public Works a surety bond in the amount of five thousand dollars ($5,000.00) conditioned that the principal obligator shall faithfully perform all work done in the right of way with proper care and skill, obey all laws of the State of Wisconsin and all ordinances of the City in regard to obstruction of or work within the right of way areas; and with the employment of labor, properly replace and restore any street, sidewalk, terrace or other public area to as good a condition as it was in before the obstruction or work performed under the license; to pay to the City of Oshkosh any amounts due for services or materials furnished in connection therewith within one month of invoice; that the licensee shall indemnify and save harmless the City from all accidents and damages caused by any failure to erect and maintain sufficient barriers or lights at the place where licensee has placed obstruction or performed work, or by failure to guard against injury to persons passing upon the street or sidewalk, or by failure to promptly remove all tools, implements, refuse and unused materials from said right-of-way. The licensee shall indemnify and refund to the City of Oshkosh all sums which it may be obligated to pay,including without limitation, damages, punitive damages, attorney fees and court costs within thirty (30) days of written demand for payment. The bond shall be a guarantee of the work performed for a period beginning on the date of issuance of the license through a date two years from the expiration of license. SECTION 25-36 RIGHT OF WAY OBSTRUCTION PERMIT REQUIRED No person shall obstruct any street, alley, sidewalk, terrace or other public place in the City without first having obtained a street/sidewalk obstruction permit therefor from the office of the Department of Public Works. The fee charged for a Right of Way Obstruction Permit will be established by resolution by the Common Council. SECTION 25-45 CONCRETE SIDEWALK AND CURB CUT LICENSE REQUIREMENTS No person, firm, or corporation shall engage in or carry on the business of constructing concrete sidewalks and driveway approaches or constructing or altering curb cuts in the city without procuring an excavation license and permit therefore from the office of the Department of Public works as herein provided SECTION 25-46 CONCRETE SIDEWALK CURB CUT CONTRACTORS - LICENSE; APPLICATION; CONTENTS The application for an excavation license sidewalk layers/curb cut contractor's license shall state the name and place of business of the applicant and shall contain a statement by the applicant agreeing to abide by the rules and regulations and specifications adopted by the Board of Public Works and Director of Public Works and to obey all ordinances and resolutions of the City in relation to said work. SECTION 25-47 CONCRETE SIDEWALK/CURB CUT CONTRACTOR - CHANGE IN BUSINESS NAME OR ADDRESS A licensee shall immediately notify the Department of Public Works of every change of place of business or of the name under which the business of such licensee is carried on. SECTION 25-48 LICENSE FEE; PAYMENT TO TREASURER See section 25-12. The fee for such license shall not be pro-ratable. SECTION 25-49 LIABILITY INSURANCE REQUIRED See section 25-13. SECTION 25-50 BOND See section 25-14. SECTION 25-52 SIDEWALK/CURB CUT/DRIVEWAY APPROACH CONSTRUCTION PERMIT; APPLICATION; CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS No sidewalk, curb cut, or driveway approach shall be excavated, altered, or constructed by any person,firm or corporation without a Right-of-Way Excavation permit issued by the Department of Public Works to construct the same, said permit shall be signed by the party responsible for the construction, and shall state the length of said proposed walk, any openings to be left therein or thereunder and the means proposed to cover or protect the same,and designating the premises in front of which the walk is to be constructed and the nature of the principal buildings thereof. The fee charged for this permit will be established by resolution by the Common Council SECTION 25-92 PERMIT REQUIRED FOR CURB CUT CONSTRUCTION No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb- cut, driveway approach or street on the public streets without first obtaining a Right of Way Excavation License for that purpose from the Department of Public Works as provided in section 25-16 of this Chapter. In addition,for each project or address at which work will be performed a Right of Way Excavation permit shall be obtained from the Department of Public Works as provided by this Article. Before receiving such permit, the applicant shall pay to the City Treasurer the fee established by resolution by the Common Council.