1990-34 Establishing a Permit System for Excavation and Construction in Road Right-of-Way in Borough Road Service AreasIntroduced by:
Drafted by:
Introduced:
Advanced:
Public Hearing:
Postponed:
Postponed:
Amended:
Public Hearing:
Postponed:
Postponed:
Postponed:
Public Hearing:
Adopted:
KODIAK ISLAND BOROUGH
ORDINANCE NO. 90 -34
AN ORDINANCE ESTABLISHING A PERMIT SYSTEM FOR
EXCAVATION AND CONSTRUCTION IN ROAD RIGHTS-OF -WAY
IN BOROUGH ROAD SERVICE AREAS
Mayor Selby
Attorney
10/04/90
10/04/90
11/01/90
11/01/90
12/20/90
03/21/91
04/04/91
04/04/91
05/02/91
06/20/91
08/01/91
08/01/91
WHEREAS, the Borough is authorized under state law to
require a permit for the use of public streets, alleys, and other
public ways on reasonable terms and conditions and, with reasonable
exceptions, the municipality requires; and
WHEREAS, the borough has the duty to maintain roads in
road service areas in a safe condition; and
WHEREAS, the provisions of this ordinance are required to
protect and enhance the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED by the Assembly of the
Kodiak Island Borough, Alaska, that:
Section 1. This ordinance is of a general and permanent
nature and shall be codified.
Section 2. New Chapter 4.45, of the Code of Ordinances,
Excavation in Borough Roads consisting of sections 4.45.010 -
4.45.080 as set forth below, is enacted.
Ordinance No. 90 -34
Page 1 of 5
Sections:
4.45.010
4.45.020
4.45.030
4.45.040
4.45.050
4.45.060
4.45.070
4.45.080
Chapter 4.45
EXCAVATION IN BOROUGH ROADS
Construction, repair, maintenance, and excavation
in public streets.
Reconstruction.
Traffic safety.
Failure to reconstruct.
Prohibition of waiver.
Definitions.
Applicability.
Enforcement.
4.45.010 Construction, repair, maintenance, and excavation in
public streets. A. It shall be unlawful for any person, firm,
corporation, municipality, or other entity hereinafter called the
"contractor," or "applicant" to tunnel, to make any excavation, or
to perform any other work in any road, street, alley or other
public easement or right of way in a borough road service area,
without having first obtained a permit as is herein required, or
without complying with the provisions of this chapter, or in a
manner which is in violation of or at variance with the terms of
any such permit.
B. Application for such permit shall be made to the resource
management officer, or his authorized representative, on forms
prescribed by him and shall:
1. Describe the location of the intended excavation or
tunnel and the size thereof.
2. Describe the purpose therefor,
3. List the name and address of the person, firm,
corporation, municipality, or other entity doing the actual
excavating work and the name and address of the person, firm,
corporation, municipality, or other entity for whom the work is
being done.
4. Describe a plan for controlling and directing
traffic during the excavation.
5. Contain a provision that all work is being done at
the applicant's risk, and that the applicant realizes there may be
substantial risk of damage to buried utilities and to third parties
who may be injured.
6. State that the borough has not supplied information
as to the location of underground utilities or if it has, that such
information is only approximate and not all- inclusive.
7. Contain an agreement that the applicant will comply
with all codes, ordinances and laws relating to the work done.
8. Include a certificate of insurance certifying that
insurance will be maintained throughout the construction period in
the following minimum requirements:
Comprehensive general liability insurance including products
and completed operations, explosion hazard, underground
Ordinance No. 90 -34
Page 2 of 5
property damage hazard, and contractual liability for limits
not less than:
Two hundred fifty thousand dollars ($250,000) each occurrence
for bodily injury sustained by one or more persons as the
result of any one occurrence, five hundred thousand dollars
($500,000) aggregate for bodily injury sustained during the
policy year, and two hundred fifty thousand dollars ($250,000)
each occurrence for property damage, and five hundred thousand
dollars ($500,000) aggregate for property damage during the
policy year.
The borough must be added as an additional insured on the
applicant's insurance policy.
C. The applicant shall require all sub - contractors
performing work on the excavation to meet all the foregoing
insurance requirements before commencing any work at the site.
D. The resource management officer or his authorized
representative may waive the requirement to furnish a certificate
of insurance if the applicant has a current certificate already on
file with the borough. The insurance requirement may be waived for
driveway or access construction from land abutting a public road
unless such construction involves damage to the existing road
surface or foundation. Otherwise, the insurance requirement cannot
be waived.
E. No permit shall be issued to any applicant until the
applicant has deposited with the borough cash or a bond in an
amount sufficient to accomplish the reconstruction hereafter
required, as determined by the resource management officer or his
authorized representative. The borough may, at its discretion,
accept other sufficient security for the performance of said
reconstruction. Such security deposit shall be held by the borough
until satisfactory completion of such reconstruction.
F. The requirement for security deposit may be waived at the
resource management officer's discretion in the case of:
1. Work to be performed by a contractor performing road
construction or improvement work under contract with the borough or
any agency thereof;
2. Work to be performed with the approval of the
borough as a public service, without compensation;
3. Work to be performed which is deemed by the borough,
in its discretion, to involve only minor damage to an existing
road;
4. Work to be performed on a road which is scheduled to
be resurfaced, regraded, or otherwise improved during the period
immediately following the work proposed by the applicant;
5. Driveway or access construction from land abutting
a public road unless such construction involves damage to the
existing road surface or foundation.
6. A public utility that has successfully completed
work within the borough road right -of -way for the last three (3)
consecutive years.
G. The resource management officer may issue an annual
permit for routine preventive maintenance, emergency, or trouble
call services. Maintenance shall not include installation or
construction of new facilities.
Ordinance No. 90 -34
Page 3 of 5
H. The resource management officer shall require a
reasonable permit fee which may not exceed the actual cost to the
municipality of the utility's use of the public way and of
administering the permit program.
4.45.020 Reconstruction. Any person, firm, corporation,
municipality, or other entity performing excavation or construction
in or on any road, street, alley, or other public easement or
right -of -way in a borough road service area, shall upon completion
of such excavation or construction, restore any portion of the
road, street, alley or other public easement or right of way on
which the work took place to the standards of its original
construction. Original shoulder alignments shall be preserved, and
the driving surface be compacted to the same degree existing prior
to the excavation or construction. Strict restoration of original
natural conditions is not required so long as the site is protected
from erosion and restored to a state of natural equilibrium.
4.45.030 Traffic safety. Applicant shall be responsible for
safety of the general public and for control of traffic flow and
access to and from the road during the period of construction. The
borough may but is not required to attach conditions to any permit
prescribing standards for safety, traffic control, and access
during construction.
4.45.040 Failure to reconstruct. If the applicant fails,
refuses, or neglects to restore the road, street, alley, or other
public easement or right of way in question in accordance with the
provisions of this chapter within the time prescribed by the
borough at the time of issuance of the permit, or if reconstruction
fails to meet the standards prescribed by this chapter, the borough
may accomplish the reconstruction and charge the cost of so doing
to the security deposited by the applicant. Upon completion of
such reconstruction, any security remaining shall be returned to
the applicant. If the security deposited is inadequate to
accomplish such reconstruction, the borough shall notify the
applicant of such deficiency and such amount shall be paid by the
applicant to the borough within fifteen days of such notification.
4.45.050 Prohibition of waiver. The security and insurance
requirements of this chapter may be waived under the circumstances
specified above. There shall be no waiver of the reconstruction
requirement of this chapter.
4.45.060 Definitions. "In any road, street, alley or other
public easement or right of way" as used in this chapter, refers to
excavation or construction within the area of any public right of
way in which an improved public road is located.
4.45.070 Applicability. The provisions of this chapter shall
apply to all public roads located within a service area having road
construction or road maintenance powers, except roads which are
maintained by an entity other than the borough.
Ordinance No. 90 -34
Page 4 of 5
4.45.080 Enforcement. A. The Kodiak Island Borough may
maintain a civil action to enjoin a violation and enforce
compliance with this chapter. In addition to an injunction, any
person who has willfully violated any provision of this chapter
shall pay to the borough a civil penalty in the amount of two times
the cost of remedying the violation.
B. The Kodiak Island Borough may remedy a violation of this
chapter. In addition to retaining any security posted under this
chapter, the borough may maintain a civil action against any person
who violates this chapter to recover any portion of the cost of
remedying the violation which has not actually been paid by the
security. In addition, if the violation was willful, the borough
may recover a civil penalty in the amount of two times the cost of
remedying the violation.
Section 3. This ordinance becomes effective upon passage and
adoption.
ATTEST:
Borough Clerk
PASSED AND APPROVED THIS 1st DAY OF AUGUST, 1991.
r4
KODIAK ISLAND BOROUGH
4 12-"n—L-9271-
Mayor
icer
Ordinance No. 90 -34
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