§ 14.71. Permit exceptions.

(a)

Construction projects with a city building permit. Those projects that have obtained a building permit from the community development department are not required to secure a right-of-way use permit. The construction requirements of the right-of-way use permit will be verified during the building permit review.

(b)

Emergency repair. Emergency repairs may be performed without obtaining a right-of-way use permit prior to such repair. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Emergency repair work shall be completed in accordance with applicable directives from the city or other authority as expeditiously as possible. During normal city working times, verbal approval for the emergency work shall be obtained from the public works director. If emergency work is required at night, on weekends or holidays, the public works director shall be notified of all emergency repair work by 10:00 a.m., the first workday following beginning of such repair work. An application for a right-of-way use permit shall be submitted within two (2) working days following commencement of emergency repair work.

(c)

Routine maintenance. A utility service provider, contractor or private citizen shall be allowed to perform routine maintenance within the public rights-of-way if such proposed routine maintenance does not involve excavation, construction, or disruption of transportation in the public rights-of-way. In the case of routine maintenance, a utility service provider, contractor or private citizen shall provide reasonable advance written notice to the city identifying the areas where such maintenance will occur, scope of maintenance, date(s) and duration of work to be performed. If routine maintenance requires the closure of the public rights-of-way, a permit shall be required.

(d)

City council approved construction projects. City construction projects which have been approved by the city council are exempt from obtaining a right-of-way use permit.

(e)

Similar facility replacement. A permit shall not be required for replacement of existing facilities with facilities that are substantially similar or the same provided that the installation does not require an excavation, there is no disruption to surrounding traffic and reasonable prior notice is given to the city.

(f)

Locating and marking underground utilities. A permit shall not be required for the purpose of locating and marking utility systems provided the proposed locating and marking activity will not require work at night, on weekends, or exceed one (1) day's duration and the right-of-way is restored with all marking flags removed. The utility locating and marking contractor shall otherwise comply with the regulations set forth in this article.

(g)

Performance criteria. For those situations described in subsections (a), (b), (c), (d), (e) and (f), all work must be performed in compliance with the other provisions of this article and all other applicable laws and regulations.

(Ord. No. 18-16 , § 2, 11-13-18)