HomeMy WebLinkAboutOrdinance 94-22
ORDINANCE NO. 94- 22
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO RIGHT-OF-WAY UTILIZATION PERMITS;
REPEALING ARTICLE I OF CHAPTER 153 OF THE
CODE, OF ORDINANCES OF THE CITY OF OCOEE;
ADOPTING A NEW ARTICLE I OF CHAPTER 153 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE; PRO-
VIDING FOR PURPOSE AND INTENT, APPLICABILITY,
EXEMPTIONS, PROHmITIONS, APPLICATION PROCE-
DURES, COMPLIANCE REQUIREMENTS, APPROVING
AUTHORITY, APPEALS, TIME LIMIT, RESTORATION
AND UTILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee has determined that
excavation, construction, installation and maintenance of improvements in public streets, rights-
of-way and easements causes safety and health risks to the citizens of the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee desires to adopt
comprehensive standards and procedures for permitting the use of public streets, rights-of-way
and easements within the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article vm of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Repeal of Article I of Chapter 153. Article I of Chapter 153 of
the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety.
SECTION 3. Adoption of a New Article I of Chapter 153. Article I of
Chapter 153 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted and
reads as follows:
ARTICLE I
RIGHT-OF-WAY UTILIZATION PERMITTING
~153-1 Purpose and intent. The purpose of this Article
is to provide standards and procedures for permitting the use of
public streets, rights-of-way and easements in order to achieve the
following:
(a) Preserve the function of each public road, street,
highway, right-of-way and easement.
(b) Provide for smooth, logical traffic-flow patterns.
(c) Reduce traffic conflicts and confusion.
(d) Allow for the application of safe geometric-design
principles.
(e) Provide for bicycle and pedestrian safety.
(f) Provide for future modification and
expanSIOn.
(g) Provide for environmental compatibility.
(h) Provide for adequate utility service.
~ 153-2 Applicability. City right-of-way utilization permits
are required for the use of public streets, rights-of-way and
easements which are owned by or otherwise under the jurisdiction
of the City for the excavation, construction, installation, or
maintenance of any public or private utility, roadway, street or any
other facility, structure, driveway, culvert, drainage system,
pavement, easement or object in such streets, rights-of-way and
easements of the City, including all such work performed pursuant
to any utility franchise agreements or other related agreements
granted by the City from time to time. A permit from the State of
Florida Department of Transportation is required for the
excavation, construction, installation or maintenance of
improvements in the access way to any State highway or as
otherwise required by the State of Florida Department of
Transportation with respect to roads under its jurisdiction. A
permit from Orange County, Florida is required for the
excavation, construction, installation or maintenance of
improvements in or on any streets, rights-of-way, and easements
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which are owned by or otherwise under the jurisdiction of Orange
County.
~ 153-3
following:
(a)
(b)
~ 153-4
(a)
(b)
Exemptions. No permit shall be required for the
Construction of water, sewer, power, telephone or
gas utilities in subdivisions in accordance with
engineering plans provided by the City where such
construction will be completed prior to acceptance
of road right-of-way or easement by the City.
Repairs of previously permitted utilities in the
public streets, rights-of-way or easements;
provided, however, such repairs do not require
maintenance of vehicular or pedestrian traffic,
cutting of any pavement, including curbs and
driveways, or excavation requiring restoration
involving seeding, mulching and/or sodding.
Prohibitions.
Construction of masonry or other substantial
structures within City streets, rights-of-way or
easements is prohibited unless approved by the
City Commission.
No private sign shall be permitted in City right-of-
way.
~153-5 Application procedures. Applications for a right-
of-way utilization permit, accompanied by the appropriate fee, as
established by Resolution, shall be submitted to the City Engineer.
The application shall be on a form approved and designated by the
City Engineer and in accordance with the procedure established by
the City Engineer. The City Engineer, or his designee, shall,
upon request for a right-of-way utilization permit application,
provide to the applicant a copy of the current right-of-way
utilization application and procedures. Applications for access to
State rights-of-way shall be submitted to the appropriate office of
the State Department of Transportation, and applications for access
to Orange County rights-of-way shall be submitted to the
appropriate office of Orange County, Florida. All right-of-way
utilization permits shall meet the specifications and guidelines set
forth in the Code.
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US3-S.1
(a)
(b)
Compliance requirements.
Submittals. The following information shall be
provided by applicants to the City for all right-of-
way utilization permits under this Article: the
name, local address and phone number of
applicant, the date, the precise description of the
work proposed, including three (3) copies of
drawings of the intended construction, the location
of the work, any special conditions, a maintenance
of traffic plan, the expected starting and
completion dates and any other submittals and
information as may be required by the City
Engineer to reasonably exercise the authority
granted hereunder.
Insurance. The right-of-way utilization permit
shall not be effective for any purpose whatsoever
until applicant, or his designated representative,
delivers to the City Engineer an acceptable
certificate of liability insurance evidencing bodily
injury and property damage coverage equal to or in
excess of the following limits: ONE HUNDRED
THOUSAND and NO/ 100 DOLLARS
($100,000.00) per person; THREE HUNDRED
THOUSAND and NO/IOO DOLLARS
($300,000.00) per occurrence; and FIFTY
THOUSAND and NO/IOO DOLLARS
($50,000.00) property damage. The certificate of
insurance shall name the City as an additional
insured, shall be effective for all periods of work
covered by the right-of-way utilization permit, and
shall be in a form and issued by an insurance
company acceptable to the City.
US3-S.2 Approving authority. The City Engineer shall
have the authority to approve or deny applications for right-of-way
utilization permits.
~lS3-S.3 Appeals. Any party claiming to be aggrieved by
a decision of the City Engineer may appeal to the City
Commission by filing a notice of appeal with the City Engineer
within thirty (30) days of the date of the decision by the City
Engineer.
US3-S.4 Time limit. The right-of-way utilization permit
shall be considered valid for sixty (60) days beginning on the date
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of issuance. If work does not commence by the sixtieth (60th)
day, the permit shall be considered void and reapplication will be
necessary. Work must be completed by the completion date
indicated on the application. Work not completed by the
completion date will be subject to stop work order, re-application,
additional fee or other remedy as may be required by the City
Engineer.
H53-5.5 Restoration. No person shall use public streets,
rights-of-way, or easements which are owned by or otherwise
under the jurisdiction of the City for any purpose for which a
right-of-way utilization permit is required by this Article without
first obtaining a right-of-way utilization permit therefor. In the
event a City street, right-of-way or easement is used and/or
construction takes place without a right-of-way utilization permit,
upon written notice from the City Engineer, the person shall
promptly remove any constructed facility, restore the area to its
original condition and cease any nonpermitted use.
~153-5.6 Utilities. Notwithstanding any other provisions of
this Code, the City reserves the right to require as a condition for
the issuance of a right-of-way utilization permit that utility lines of
all kinds to be constructed and installed beneath the surface of the
ground; provided that no bulk electric power supply lines,
including, but not limited to, transmission lines and primary
distribution feeder lines, shall be required to be placed
underground unless directed by the City Commission.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
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such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 6. Effective Date.
This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this (). o~ay of S&f~1994.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
5S~~J1
S. Scott Vandergrift, Mayor I
(SEAL)
ADVERTISED September 4 , 1994
READ FIRST TIME August 16 , 1994
READ SECOND TIME AND ADOPTED
Jbl"UMf?1r'R- ~Q ,1994,
UNDER AGENDA ITEM: NO. Y..a.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS T..Q FORM: AND LEGALITY
this 'dDl1 day ofs'~b(r, 1994.
FOLEY & LARDNER
/"I
By: 60 I( Z~~
City Attorney
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