Provisions related to a Non-Utility Right of Way Permit
It is expressly stipulated that this permit is a license for permissive use only and that the placing of facilities on public property pursuant to this permit shall not operate to create or to vest any property right in said holder. It is expressly acknowledged by the applicant that this permit may be revoked by the director of public works or his designated representative for failure of the applicant to comply with the conditions of this permit or for the actions of the applicant, which in the opinion of the director of public works, creates a situation which is hazardous to the health, safety and welfare of the public.
- Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground. Applicant also declares that due notice of work under application was furnished to each utility involved and that copies of letters addressed to said users are attached. Applicant agrees to contact the “811” utility notification network a minimum of 48 hours prior to the commencement of any work authorized under this permit and provide a copy of that ticket to this office.
- Whenever necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said street as determined by the Director of Public Works, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from said street, or reset or relocated thereon as required by the Director of Public Works, and at the expense of the applicant. Applicant agrees to maintain the permitted item in a manner that is acceptable to the city.
- Applicant hereby agrees to be bound by the provisions of the ordinances, specifications, and regulations of the City of Lakeland including, but not limited to the appropriate section of the City of Lakeland code, or other governmental agencies governing openings in or under municipal streets and to such special conditions, restrictions and regulations as may be imposed by the Director of Public Works. All installations, construction and restoration work shall conform to city requirements and standards, and shall conform to the Florida Department of Transportation current “utility accommodation guide” and specifications for material and construction.
- The holder of this permit shall provide safety control, including the display of caution signs and signals as are required by the Manual on Uniform Traffic Control Devices for Streets and Highways (U.S.D.O.T.) and Florida Department of Transportation (F.D.O.T.) Standard 600 Indices, shall prevent any construction or conditions which are or may become dangerous to the travelling public.
- The period of time between the restoration of a base material and the application of a finish surface course where applicable shall not exceed two weeks and less time may be required in heavy traffic areas, unless specifically authorized by this permit.
- Restoration of private property shall be accomplished as soon as reasonably possible.
- All designated departments of the city and other affected public utilities shall be notified 48 hours prior to starting work and again immediately after completion. Copies of said notices are to be forwarded to the Director of Public Works. The utility notification system does not relieve the applicant from making other utility contact with those members of that system.
- All materials, equipment, construction, and restoration work shall be subject to the inspection and approval of the Director of Public Works or his authorized representative.
- In case of non-compliance with the requirements, this permit is void and the utility must be brought into compliance or removed from the right-of-way at no cost to the city.
- Jacking and boring, or directional boring of conduit shall be done in all cases involving paved streets unless specifically exempted by his permit. No jetting (air or water), or pneumatic missile bore will be authorized.
- Where utilities are installed in a parkway, the area shall be restored to include sod, shrubbery, driveways, walks, drains, retaining walls, curbs, sprinkler system, etc. All restoration shall be to its original condition, in keeping with City and Florida Department of Transportation specifications and to the owner’s satisfaction.
- It is the responsibility of the applicant to repair or replace any facilities that may be damaged during the course of construction. The applicant shall coordinate with the owner of damaged facilities to insure quality of repair or replacement of damaged property.
- A copy of this permit shall be maintained and available at the job site during all construction.
- The utility owner/contractor shall implement and maintain erosion and sediment control best management practices during all construction activities. Erosion and sediment control facilities shall be installed prior to any construction activities. All controls shall be secured and properly maintained during construction and until the site has been permanently stabilized. Erosion and sediment control shall be in accordance with Article 6 of the City’s Land Development Regulations, Natural Resources Protection Regulations, and Section 1-25 of the City’s Engineering Standards Manual. Failure to maintain erosion and sediment control best management practices could result in enforcement and penalty action(s) being taken by the City of Lakeland in accordance with Section 6.8 of the City’s Land Development Regulations.
- The City of Lakeland reserves the right to require the removal of permitted solid waste roll-off containers from on-street parking space locations, provided 24 hours notice is given. In the event such containers are not removed within 24 hours of notification, the City reserves the right to have such containers removed and delivered to the permittee's facility at the permittee's expense and to withhold subsequent permit requests of a similar nature.