1. UTILITY WORK
WITHIN PUBLIC
RIGHTS-OF WAY
AND
EASEMENTS
PRESENTED BY:
Michael McCabe, P.E., CSM
Michael Steele, CPII

3. City of Palm Bay
107,00+ Residents Predominately SFR
100+ Sq. Miles 50% built-out
800+ Centerline Miles Predominately open
drainage

4. • 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

5. • 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

6. • 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

7. • 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?

8. • 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?

9. • Open drainage system
CHALLENGES
• Increased activities due to competition for
communications and cable services

10. • PERMITEE
• PUBLIC WORKS DEPARTMENT
• CITIZEN/RESIDENT
KEY PLAYERS

11. COMMERICAL UTILITIES:
• Telecommunications
• Electric
• Cable
• Gas
PERMITEE
CITY UTILITIES:
• Water (Raw and Distribution Lines)
• Wastewater (Gravity, Forcemain, Reuse)
• Information Technology (Fiberoptic)

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

13. KEY PLAYERS
Public 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)

15. Permit active for 120 days

16. 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.

17. 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

19. Pit depth of 15”
Pit depth of 12”

22. Utility Pole Removal

23. Good work?

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

25. PERMITTING PROCESS
- Specific depths

26. • Current Flow Chart
• Proposed Flow Chart
Improvements
PERMITTING PROCESS

27. STAR
T
APPLICATION
SUBMITTAL
PLANS & SPECS
PLAN REVIEW
PERMIT
REQ’D
REVISION
REQ’D
PROCEED
FILE
ASSIGN INSPECTOR
A B
NO
YES
NO
YES
END
Permitting Process
Flow Chart

28. NOTIFY
SUBCONTRACTOR
DOCUMENT
A
INSPECTION
CONSTRUCTION
ISSUES
DOCUMENT
ISSUES
RESOLVED
NOTIFY
ENGINEERING
ASST./ENGINEER
ISSUES
RESOLVED
IS WORK
COMPLIANT DOCUMENT
DOCUMENT
WORK
DELAY
CONTACT
PERMITEE
DOCUMENT
B
DOCUMENT
COMPLIANCE
NO
YES
YES
YES
YES
NO
YES
C
NO
INSPECTION
HAS
WORK
STARTED
NO
YES
NO
C D
DOES
WORK
CONTINUE
NO
YES
24 HR
NTP
90 DAY
BENCHMARK
DOCUMENT/NOTIFY PERMITEE
PLAN REVISION

29. C
INSTALLATIO
N
COMPLETE
SUBMIT
COMPLETION
&
RESTORATION
IS
RESTORATION
COMPLETE
NO
DOCUMENT
(NON-
COMPLIANCE)
D
PERMIT
COMPLETE
YES
SIGN-OFF
PERMIT
CONTACT
ROW
COORDINATOR
ARCHIVE
END

30. NOTIFY
SUBCONTRACTOR
DOCUMENT
A
INSPECTION
CONSTRUCTION
ISSUES
DOCUMENT
ISSUES
RESOLVED
NOTIFY
ENGINEERING
ASST./ENGINEER
ISSUES
RESOLVED
IS WORK
COMPLIANT DOCUMENT
DOCUMENT
WORK
DELAY
CONTACT
PERMITEE
DOCUMENT
B
DOCUMENT
COMPLIANCE
NO
YES
YES
YES
YES
NO
YES
C
NO
INSPECTION
HAS
WORK
STARTED
NO
YES
NO
C D
DOES
WORK
CONTINUE
NO
YES
24 HR
NTP
90 DAY
BENCHMARK
DOCUMENT/NOTIFY PERMITEE
PLAN REVISION
Process Flow
Chart
Improvements

31. NOTIFY
SUBCONTRACTOR
DOCUMENT
A
INSPECTION
CONSTRUCTION
ISSUES
DOCUMENT
ISSUES
RESOLVED
NOTIFY
ENGINEERING
ASST./ENGINEER
ISSUES
RESOLVED
IS WORK
COMPLIANT DOCUMENT
DOCUMENT
WORK
DELAY
CONTACT
PERMITEE
DOCUMENT
B
DOCUMENT
COMPLIANCE
NO
YES
YES
YES
YES
NO
YES
C
NO NOTIFY
PERMITEE
HAS
WORK
STARTED
NO
YES
NO
C D
DOES
WORK
CONTINUE
NO
YES
24 HR
NTP
90 DAY
BENCHMARK
VOID PERMIT
PLAN REVISION
END
YES
NO
Process Flow
Chart
Improvements

32. PERMITTING
PROCESSPermitting Plans and Specifications

33. Cover Sheet

34. Cover Sheet

35. Standard Detail (City’s)

36. Plan and Cross-Sections

37. Plan and Cross-Sections

38. Plan and Cross-Sections

39. Plan and Details

40. Plan (aerial view)

41. Plan (street view)

42. Plan (color code other utilities)

43. Traffic Control Plan

44. General Notes

45. PERMITTING PROCESS
CHALLENGES
- Number of Open Permits (312)
• 1 utility company has 72 open permits

47. Permitted
splice pits

48. Permitted
splice pits in
one
neighborhood

49. INSPECTION OF WORK
EXISTING
UTILITIES
SWALE
PROPOSED BORE

50. INSPECTION OF WORK
EXISTING
UTILITIES
SWALE
PROPOSED BORE
EXISTING
UTILITIES???

51. INSPECTION CONSTRAINTS
Manpower
• 6 Inspectors
Inspector Responsibilities

52. Permits per Inspector

54. - Training
- Meetings
- Work Reports
- Plan Reviews
- Construction Inspections
- Capital Improvement Projects
- Commercial Projects
INSPECTION CONSTRAINTS

55. - Infrastructure Inventory
• Failed Culvert Pipes (+/- 1400)
• Sidewalk Inspections (Annually)
• Guardrail & Handrail (2 year
Inspections)
• Roadway Inspections (5 year
Inspections)
INSPECTION CONSTRAINTS

56. - Citizen Requests
• (245 Last Quarter)
- ROW Permits Inspections
- NPDES Permit Requirements (MS4)
• Illicit discharge investigations
• Dry weather outfall monitoring
• Storm event inspections
INSPECTION CONSTRAINTS

57. INSPECTOR DUTIES

58. 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

59. 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

60. QUESTIONS
? ?
?
?