7-15-19 Commission Workshop Handout7
Sec. 19-1. --Construction within and/or use of city rights-of-way.
(a) Except as expressly set forth below in article II of this chapter regulating utilities, and in article III of this
chapter regulating communication services, the provisions in this article I shall apply to any construction
within and/or use of city rights-of-way.
(b) The following terms and phrases shall have the meanings given herein for purposes of this chapter 19.
Words not otherwise defined shall be construed to mean the common and ordinary meaning.
Construction means any use of, activity, placement, replacement, repair or installation performed by any person or
entity other than the city within the boundaries of any city right-of-way, including, but not limited to, curb cuts; driveways;
excavation activities; installation of pavers, poles, conduits, wires, cables, fencing, signage and sidewalks; structures or
other improvements or fixtures; and landscaping activities. The term does not include pedestrian, bicyclist or vehicular use
of the rights-of-way.
Rights-of-wayor public rights-of-way means land in which the city owns the fee or has an easement devoted to
vehicular, bicycle and/or pedestrian movement, or required for use as a transportation facility, as that term is defined in
F.S. § 334.03(21), and may lawfully grant access pursuant to applicable law and includes the surface, airspace over the
surface and the area below the surface of such rights-of-way. "Public rights-of-way" shall not include (a) county, state or
federal rights-of-way, (b) property owned by any person other than the city, (c) service entrances or driveways leading
from the road or street onto adjacent property, or (d) except as described above, any real or personal property of the city,
such as, but not limited to; city parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or
improvements, regardless of whether they are situated in the public rights-of-way.
(c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any
use of or any type of construction within city rights-of-way, including without limitation, the following:
(1) Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida
Department of Transportation Parking and Traffic Design Standards.
(2) Decorative walls.
(3) Retaining walls.
(4) Buildings or structures of any kind.
(5) Barriers or obstructions of any kind.
(6) Basketball goals.
(7) Skateboard ramps.
(8) Recreational structures of any kind, whether temporary or permanent.
(9) Fences.
(10) Swimming pools.
(11) Parking spaces or lots.
(12) Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains
the sod.
(13) Any other improvement, objector item requiring a permanent foundation or which cannot be
removed readily.
(14) Any improvement, objector item designed and intended for personal or private use and not for public
use.
(15) Security lights and street lights.
(16) Any work, construction activity or item which creates an obstruction, whether permanent or
temporary, to the free and complete use of the right-of-way.
(17) Driveways, new, modified or replaced (see section 19-71.
(Ord. No. 65-17-39, § 1, 12-11-17)
Editor's note— Ord. No. 65-17-39, § 1, adopted Dec. 11, 2017, repealed § 19-1 in its entirety and enacted new provisions to
read as herein set out. Former § 19-1 pertained to obstructing free passage prohibited; exception, and derived from the
1970 Code; § 22-1.
)ec. 19-2. - Permits and revocable licenses required.
(a) Any person or entity desiring to undertake construction within and/or use of a right-of-way shall obtain,
prior to commencement of any work, a permit for such activity issued by the city manager or his designee
on terms and conditions as described herein, or in accordance with subsection (f) herein, the issuance of a
revocable license.
(b) Any such person or entity shall complete and file an application for such approval in the form prescribed by
the city.
(c) Fees for permits and revocable licenses shall be determined by resolution of the city commission.
(d) No use of or construction in a right-of-way shall be permitted or licensed if that use or construction creates
an obstruction barrier or safety hazard as defined by generally accepted engineering practices.
(e) All requests for use of or construction within a right-of-way shall be evaluated based on the benefit of said
use or construction to the general public and the degree to which the benefit to and convenience gained by
a private property owner conflicts with or outweighs the benefit to the general public for the use of the
affected right-of-way.
(f) Revocable licenses are required for all improvements in the right-of-way which are not accepted for
maintenance by the city.
(g) All requests for revocable license agreements require approval by the city manager or his designee.
(h) The permit or revocable license applicant shall be the owner or owners of the real property located
adjacent to the affected right-of-way or a person designated by affidavit of said owner or owners.
(i) Time limitations.
(1) In no case shall construction commence on any improvement within any right-of-way before a permit
and, if required, a license is issued. A permit issued by the city shall be valid for a period of up to one
hundred eighty (180) days from the date of issuance. If a period in excess of one hundred eighty (180)
days is required because of the scope of work, approval shall be obtained in advance of the issuance
of the permit and the permit validation period shall reflect such extension. A permit shall not be
extended more than three (3) times or for more than one (1) year from the date of issuance.
(2) After issuance of the permit, the permittee shall notify the building department a minimum of two (2)
business days prior to commencing construction. This notification will allow for scheduling of
inspections. If a road closure is required, the permittee shall submit with the permit application a
maintenance of traffic (MOT) plan to include all proposed road closures and an expected time
duration for each closing. Road closures shall require separate approval by the public works
department and public safety department and a minimum of three (3) business days' prior notification
before the commencement or construction. Road closures of fewer than fifteen (15) minutes shall not
require notification.
(j} Application and other requirements.
(1) Any person legally entitled to apply for and receive a permit and/or license under the provisions of
this article shall make such application in writing to the city in a form/format provided for that
purpose. Every applicant for a permit/license shall give a description of the character of the work
proposed to be done and the location, ownership, occupancy and use of the premises in connection
therewith. The city may require plans, specifications or drawings and such other information as it may
deem necessary and pertinent prior to the granting of a permit/license. If the city determines that the
plans, specifications, drawings, descriptions or other information furnished by the applicant are in
compliance with this article, the rules and regulations of any other department having jurisdiction and
any other laws, rules and regulations pertaining to work proposed to be done, it shall issue the
permit/license applied for upon payment of the required fee.
(2) The order, sequence and prerequisites for making applications shall be as designated by the city.
(3) The applicant shall determine all potential utility conflicts during the design stage and shall show
same on the plan and profile drawings submitted with the application. The plan and profile drawings
shall be in accordance with utility plan guidelines or as specified by the city.
(4) If it is determined that such work or activity within any right-of-way will not unreasonably interfere
with the rights of the public or city, the city may issue a permit/license for such construction work or
activity, upon such reasonable conditions as the city deems necessary for the protection of the rights
of the public and the city.
(5) Under all conditions prescribed in this section, the construction shall not proceed unless the statewide
one -call toll-free telephone notification system or such other method established under the
Underground Facility Damage Prevention and Safety Act, as now or hereafter amended, is notified not
less than forty-eight (48) hours nor more than five (5) days in advance of beginning construction.
Advance notification is waived when it is documented to the city that the excavation work is of an
emergency nature involving the public health, safety or welfare.
(6) All applicants shall give the full name, address, electronic mail address and telephone number of the
person or organization making such application and all contractors expected to participate in the
construction of the work; shall designate the place, extent, nature and purpose of such work or
activity; and, if any paving, curbing, sidewalk, drainage feature, sewer or water main will be disturbed
by such work, the city manager or designee may require that the application be accompanied by a
deposit of money in such amount as shall in the opinion of the city manager of designee be sufficient
to pay for the expense of repairing or restoring the same. Pavement replacement shall be in
accordance with the conditions set forth in the permit and other standards of the city. Failure or
neglect on the part of the applicant to carry out all work in compliance with the conditions set forth in
the permit/license and other standards of the city shall be reason for revocation of the permit/license.
(7) All applicants shall restore the rights-of-way to its previous condition.
(8) All applicants shall verify the location and elevation of all underground facilities and shall protect said fac
damage; in the event that any facilities are damaged, the applicant or applicants shall, at their sole exper
cause to be repaired the damaged facilities to the satisfaction of the owner or operator of said facilities.
(9) Upon the completion of the work authorized by a permit/license hereunder, the permittee/licensee
shall refill all trenches and excavations. All openings in rights-of-way must be promptly filled with
suitable material, free from rubbish and perishable matter, and thoroughly and evenly compacted
throughout, ramming in thin layers while being put in or by flooding with water. Upon completion of
the backfill, the permittee/licensee shall immediately place pavement, if applicable, in a safe condition
for traffic by laying a temporary pavement, properly supported, having the top of the pavement flush
with the pavement surface. Immediately after completion of work or any consecutive portion of it, the
permittee/licensee shall remove from such street or sidewalk all unused material, refuse and dirt
placed in the vicinity of the work resulting from its prosecution and restore the right-of-way to a
condition satisfactory to the city, notifying the city of such action. In case the work is not completed
within the time limited in the permit/license, the city may, if it deems necessary, take steps to return
the surface to a safe condition. If an extension of time beyond such date is necessary for completion
of the work, a new application must be obtained. All persons in charge of any work in the rights-of-
way must retain and have in possession at all times while so engaged the permit/license as described
in this section. If the city shah at any time within thirty (30) days after the sidewalks and/or pavement
have been replaced or repaired determine that the work has not been completed in a workmanlike
manner or otherwise fails to meet city standards, then, and in that event, the city shall cause the
sidewalks, pavement or other surfaces within the right-of-way so defectively replaced and repaired to
be properly replaced and repaired. All costs and expenses of so replacing and repairing such work
shall be charged against the fund deposited by the person to whom the permit was granted to cut,
disturb and excavate the pavement or sidewalks, for a period of one (1) year against defect.
(k) Each applicant for a permit and/or license, as maybe applicable, under this article shall:
(1) Agree to save the city, its officers, employees and agents harmless from any and all costs, damages
and liabilities which may accrue or be claimed to accrue by reason of any work performed or
existence of any improvement under such permit or revocable license. The acceptance of any permit
or revocable license under this article shall constitute such an agreement by the applicant whether
such acceptance is expressed or not.
(2) Pay a permit and engineering review fee and security deposit. Developers of major subdivisions may
request to pledge assurances to the city in lieu of cash or check, and the city, in the sole exercise of
the city manager's judgment and discretion, may accept or reject such assurances.
(3) Furnish a certificate of insurance.
(4) Keep the original copy of the permit or revocable license and an approved copy of the plan in the
possession of the party actually doing the work and, when requested, exhibit such copy to the
building official, duly authorized inspectors or, in the instances of county and state roads, to the
respective inspectors representing these authorities.
(5) Agree to perform the work in accord with the permit and/or revocable license conditions and the
regulations established under this article.
(1) Bond. A performance bond, or other financial security, in form, content and execution approved by the city,
may be required to protect the city in the event the specified work is not completed or does not conform to
the city's requirements, or when damages to the right-of-way have occurred.
(m) Permit/license
revocation. The city may revoke permits and licenses issued upon finding that:
(1)
The permit/license was issued by mistake of law or fact;
(2)
The permit/license is for work which violates the provisions of this article;
(3)
The permit/license was issued upon a false statement or misrepresentation by the applicant;
(4)
The permit/license violates any ordinance of the city or any state or federal law, rule or regulation;
(5)
The work is not being performed in accordance with the provisions of this article;
(6)
The certificate of competency or license of the permittee has become invalid by reason of expiration,
suspension, revocation or otherwise;
(7)
The work is not being performed under the supervision of the holder of the certificate or license upon
which the same was issued;
(8)
The work is not being done in accordance with the terms of the permit/license, the plans or the
application upon which the same was issued;
(9)
Payment of the fees was not effected due to insufficient funds or any other reason;
(10)
The work performed is threatening or interfering with public welfare and safety;
(11)
The work performed is not in compliance with this article and/or city Code; or
(12)
The permittee is not in compliance with this article and/or city Code.
(Ord. No. 65-17-39,
§ 1, 12-11-17)
Editor's note— Ord. No. 65-17-39, —§1 adopted Dec. 11, 2017, repealed § 19-2 in its entirety and enacted new provisions to
read as herein set out. Former § 19-2 pertained to digging up streets prohibited; exception as to public utilities; permit
required of public utilities, and derived from the 1970 Code, § 22-4.
Sec. 19-3. - Closing of streets for various events.
The city manager is authorized to close streets for various events. The city manager will discuss any such closing of
streets with the police chief and notify the city commission begore authorization is given. An organization desiring to close
a street for an event shall first procure from the city manager a permit for such an event.
(Ord. No. 65-93-22, § 1, 1-25-93)
Sec. 19-4. - Special events.
All special events which are held on public property must adhere to the following rules and regulations:
(1) All special events taking place on public property must have a permit from the city manager before
any such events take place. The city manager may attach to the permit those requirements he may
deem necessary to protect the public and city's interest.
(2) All parties interested in staging a special event must provide insurance for the event in amounts set by
the city manager. The [parties staging such] event may be required to take out additional insurance
naming the city as the beneficiary.
(3) All parties staging an event may be subject to a performance bond set by the city manager to insure [tha
Ordinance Code and permit requirements are upheld by the event.
(4) All requirements set by the city manager as part of his written approval of the event must be upheld
by the event. Failure to do so may result in a closing of the event by the public safety director or the
police chief.
(5) All special events permitted by the city manager must be sponsored by a nonprofit corporation for a
charitable purpose. Any special event to be held by a for-profit corporation must have prior approval
by the city commission.
(6) Before any request for a special event is permitted, those responsible for the event must fill out an
application form available through the city recreation department.
(7) All financial information and records which may be related to the event will be made available to the
city finance director for his or her review.
(8) All parties staging a special event are required to abide by the City Code and the Florida Statutes.
Failure to do so will require the event to be cancelled.
(9) No sales of any kind will be permitted on the ocean beach area.
(Ord. No. 95-96-67, § 1, 6-10-96)