UTILITY WORK

WITHIN PUBLIC

RIGHTS-OF WAY

AND

EASEMENTS

PRESENTED BY: Michael McCabe, P.E., CSM

Michael Steele, CPII

City of Palm Bay107,00+ Residents Predominately SFR100+ Sq. Miles 50% built-out800+ Centerline Miles Predominately open

drainage

• FIRST CODE (1974)• REVISION TO CODE TO INCLUDE PERMITTING (1993)

• DEFINITIONS• EXEMPTIONS

• FRANCHISES• PROHIBITED USES• PERMIT

• WHEN REQUIRED• NOT REQUIRED

• LIABILITY• PERMIT PROCEDURES AND REQUIREMENTS• DESIGN, MATERIAL, TESTING AND REPORTS• CONSTRUCTION PROCEDURES• EMERGENCY WORK• PRESERVATION OF MONUMENTS• COSTS INCURRED – PAYMENT• INTERPRETATION OF DISCREPANCIES• PRIMA FACIE EVIDENCE OF VIOLATION• DUTY TO REMOVE UPON NOTICE BY CITY• REMOVAL AND DISPOSAL BY THE CITY UPON FAILURE OF OWNER TO REMOVE;

COSTS• REMOVAL AND DISPOSAL OF UNLAWFUL IMPROVEMENTS WITHOUT NOTICE TO

OWNER• RESTORATION OF DAMAGED AREAS

Right of Way And Easement Use Code

• Existing provisions of other agreements and contracts, i.e franchises, shall prevail over requirements of this code.

• All active franchises exempt from fees. • Current franchise agreements

• Electric• Gas• Solid Waste Collection

• No franchise agreements• Telecommunications, Broadcast, and Cable Services

(Telecommunications Act of 1996)

• Water and Wastewater

EXEMPTIONS

• Fees• Telecommunications and Cable

• Ordinance 2001-40• Communications Services Tax

• Increase Local Tax percentage

PERMIT FEES• General $333

• SFR Irrigation permit $32• Water Service Connection

• No boring required $30• Boring required

$135• Hold Harmless recording (irrigation/docks) $15• Street Cuts

$142• Projects Under Section 179.096(E) (as-built) $254

EXEMPTIONS

• Prior to installing; placing; constructing; or replacing any improvement within the right-of-way and easements. • Includes, but is not limited, to

• all excavations; • jack and bores; • all poles, regardless of its purpose; • all above ground improvements that create an

obstruction; and, • all below ground utilities.

WHEN A RIGHT-OF-WAY PERMIT IS REQUIRED?

• Franchisee when work meets following: • Will not disturb

• Paved areas.• Any other improvement.• Vehicular or pedestrian traffic.• Area larger than 100 square feet.• Exceed a depth below grade of 48 inches,

except utility poles.• Will be restored to a condition as good or better

than existing.• Underground service connection when trench

width less than 12 inches.• Is not a jack-’n-bore of any kind.

WHEN A RIGHT-OF-WAY PERMIT IS NOT REQUIRED?

• Open drainage system

CHALLENGES

• Increased activities due to competition for communications and cable services

• PERMITEE• PUBLIC WORKS DEPARTMENT• CITIZEN/RESIDENT

KEY PLAYERS

COMMERICAL UTILITIES:• Telecommunications• Electric• Cable• Gas

PERMITEE

CITY UTILITIES:• Water (Raw and Distribution Lines)

• Wastewater (Gravity, Forcemain, Reuse)

• Information Technology (Fiberoptic)

CONSTRUCTION ACTIVITIES:• Subcontractors for utility companies• Contractors for private development• City staff (utility and IT)

PERMITEE (CONT)

KEY PLAYERSPublic Works Department:

• Engineering Assistant (Receives, process, routes, issues, final approval)

• Engineering Inspector(s) (Reviews, coordinates, inspects, approves)

• Engineer II (Supervisor)

Citizen:• Service (Availability)

• Aesthetics (Exposed pits and soils, safety fence, vegetation)

• Hazards (Pits, cable, sidewalks, poles)

Permit active for 120 days

Acceptable Site Restoration????

Per Code, restoration of damaged areas shall be restored to condition prior to damages or pay the city the sum of money necessary to restore.

Acceptable Site Restoration????

Flow line maintenance

Per Code, any permittee who has previously failed to restore damages as required shall not be issued further permits

Pit depth of 15”

Pit depth of 12”

Utility Pole Removal

Good work?

PERMITTING PROCESS- Specific zones- Zone 1, Aerial Transmissions- Zone 2, Underground Improvements- Zone 3, Water, Sewer, Gas lines

PERMITTING PROCESS- Specific depths

• Current Flow Chart• Proposed Flow Chart

Improvements

PERMITTING PROCESS

START

APPLICATION SUBMITTAL

PLANS & SPECS

PLAN REVIEW

PERMITREQ’D

REVISIONREQ’D

PROCEED

FILE

ASSIGN INSPECTOR

A B

NO

YES

NO

YES END

Permitting Process Flow Chart

NOTIFYSUBCONTRACTOR

DOCUMENT

A

INSPECTION

CONSTRUCTIONISSUES

DOCUMENT ISSUESRESOLVED

NOTIFYENGINEERING

ASST./ENGINEER

ISSUESRESOLVED

IS WORKCOMPLIANT DOCUMENT

DOCUMENT

WORKDELAY

CONTACTPERMITEE

DOCUMENT

B

DOCUMENTCOMPLIANCE

NO

YES

YES

YES

YES

NO

YES

C

NOINSPECTION

HASWORK

STARTED

NO

YES

NO

C D

DOESWORK

CONTINUENO

YES

24 HRNTP

90 DAYBENCHMARK

DOCUMENT/NOTIFY PERMITEE

PLAN REVISION

C

INSTALLATION

COMPLETE

SUBMIT COMPLETION

& RESTORATION

ISRESTORATION

COMPLETENO

DOCUMENT(NON-

COMPLIANCE)

D

PERMITCOMPLETE

YES

SIGN-OFFPERMIT

CONTACTROW

COORDINATOR

ARCHIVE

END

NOTIFYSUBCONTRACTOR

DOCUMENT

A

INSPECTION

CONSTRUCTIONISSUES

DOCUMENT ISSUESRESOLVED

NOTIFYENGINEERING

ASST./ENGINEER

ISSUESRESOLVED

IS WORKCOMPLIANT DOCUMENT

DOCUMENT

WORKDELAY

CONTACTPERMITEE

DOCUMENT

B

DOCUMENTCOMPLIANCE

NO

YES

YES

YES

YES

NO

YES

C

NOINSPECTION

HASWORK

STARTED

NO

YES

NO

C D

DOESWORK

CONTINUENO

YES

24 HRNTP

90 DAYBENCHMARK

DOCUMENT/NOTIFY PERMITEE

PLAN REVISION

Process Flow Chart

Improvements

NOTIFYSUBCONTRACTOR

DOCUMENT

A

INSPECTION

CONSTRUCTIONISSUES

DOCUMENT ISSUESRESOLVED

NOTIFYENGINEERING

ASST./ENGINEER

ISSUESRESOLVED

IS WORKCOMPLIANT DOCUMENT

DOCUMENT

WORKDELAY

CONTACTPERMITEE

DOCUMENT

B

DOCUMENTCOMPLIANCE

NO

YES

YES

YES

YES

NO

YES

C

NO NOTIFY PERMITEE

HASWORK

STARTED

NO

YES

NO

C D

DOESWORK

CONTINUENO

YES

24 HRNTP

90 DAYBENCHMARK

VOID PERMIT

PLAN REVISION

END

YES

NO

Process Flow Chart

Improvements

PERMITTING PROCESSPermitting Plans and Specifications

Cover Sheet

Cover Sheet

Standard Detail (City’s)

Plan and Cross-Sections

Plan and Cross-Sections

Plan and Cross-Sections

Plan and Details

Plan (aerial view)

Plan (street view)

Plan (color code other utilities)

Traffic Control Plan

General Notes

PERMITTING PROCESS CHALLENGES

- Number of Open Permits (312)• 1 utility company has 72 open permits

Permitted splice pits

Permitted splice pits in one neighborhood

INSPECTION OF WORK

EXISTINGUTILITIES

SWALE

PROPOSED BORE

INSPECTION OF WORK

EXISTINGUTILITIES

SWALE

PROPOSED BORE

EXISTINGUTILITIES???

INSPECTION CONSTRAINTSManpower

• 6 Inspectors

Inspector Responsibilities

Permits per Inspector

- Training- Meetings- Work Reports- Plan Reviews- Construction Inspections- Capital Improvement Projects- Commercial Projects

INSPECTION CONSTRAINTS

- Infrastructure Inventory• Failed Culvert Pipes (+/- 1400)• Sidewalk Inspections (Annually)• Guardrail & Handrail (2 year

Inspections)• Roadway Inspections (5 year

Inspections)

INSPECTION CONSTRAINTS

- Citizen Requests• (245 Last Quarter)

- ROW Permits Inspections- NPDES Permit Requirements (MS4)

• Illicit discharge investigations• Dry weather outfall monitoring• Storm event inspections

INSPECTION CONSTRAINTS

INSPECTOR DUTIES

PERMITTING PROCESS SUMMARY

OF CHALLENGES• Number of open permits• Lack of required start-up notification• Timeliness of completion (335 Days)• Infrastructure maintenance after

installation• Manpower• Time management

POSSIBLE IMPROVEMENTS

• Streamline the flow chart• Restrict open permits to 20-30• 10 working day stop work delay• GPS conflicts to import to GIS• Additional inspection staff or dedicate

one inspector for permits• Communication

• Quarterly meetings with utilities• Monthly meetings with Inspectors• Monthly meetings with staff

QUESTIONS

? ??

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