Ordinance Text
7-5-1: PERMIT REQUIRED:
It shall be unlawful for any individual or entity to excavate or perform infrastructure or utility work within public easements and rights of way within the City, without complying with the following requirements:
A. A permit application shall be filed with the City on a form approved by the City. No excavation, work, or on-site preparation therefore shall commence until and unless said permit application is approved and a permit is issued by the City.
B. The permit application fee shall accompany said application. Said application fee shall be in an amount as approved by resolution of the City Council, and may be adjusted from time to time, at the discretion of the City Council.
C. The City shall require a refundable deposit to accompany the permit application to offset any damage to the right of way that may be caused by the individual or entity performing such work, and/or their subcontractors and employees. The City shall hold said deposit, upon which no interest shall accrue, until the work in the right of way is completed and inspected by the City. Said deposit shall be in an amount as approved by resolution of the City Council, and may be adjusted from time to time, at the discretion of the City Council. In the event damage caused to the right of way exceeds said deposit, the applicant shall be responsible for the additional costs associated with repairing the same. Any unused amount of the deposit shall be returned to the individual or entity upon completion of the work and final inspection by the City. Inspection by the City shall not relieve the individual or entity of responsibility for any damage done to the right of way, whether it is discovered before or after said final inspection.
D. The applicant shall provide proof of general commercial liability insurance, covering the activities contemplated to be undertaken in the right of way, in the amount of at least $500,000 Personal Injury and $1,000,000 General Aggregate. In more sensitive locations, higher limits may be requested by the Public Works Director. Said insurance policies shall name the City as an additional insured.
E. The applicant shall provide a traffic control plan that is compliant with requirements of the Idaho Standards for Public Works Construction (ISPWC) and the Middleton Supplement to the ISPWC.
F. All projects utilizing directional drilling techniques within public right of way shall provide to the City a post-construction video inspection of sewer mains and laterals within the construction area documenting that the sewer system was not damaged by construction activities.
The City’s Public Works Director may adopt additional requirements by incorporating the same into the City’s application document which are reasonably related to protecting the persons and property of the City and the Public.
The requirements contained in B through G above may be waived, at the sole discretion of the Public Works Director of the City of Middleton, if, in his or her reasonably judgment, compliance therewith is unnecessary or overly burdensome under the circumstances. (Ord. 569, 12-21-2015; amd. Ord. 677, 6-7-2023)
Source: American Legal Publishing — codelibrary.amlegal.com — public domain
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Root-LD Entity Data
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boisestandard.org · municipal corpus
Federation ID
bs-aml-mid-dde62faaa388a339
Doc ID
0-0-0-2556
Domain Signature
boisestandard.org
Jurisdiction
Middleton, Idaho — United States
City
Middleton
County
Canyon County
Publisher
American Legal Publishing
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Navigate — Middleton City Code of Middleton
Nearby Sections
7-3-5: PARK RESERVATIONS:7-3-6: ADMISSION FEES FOR SPECIAL EVENTS:7-3-7: SPECIAL PROVISIONS FOR ANIMALS IN PUBLCHAPTER 4 NONSUBDIVISION DEDICATIONS AND VACACHAPTER 5 RIGHT OF WAY EXCAVATIONS7-5-1: PERMIT REQUIRED:7-5-2: REVOCATION OF PERMIT:CHAPTER 6 SIDEWALK MAINTENANCE AND REPAIR7-6-1: SIDEWALKS:CHAPTER 7 STORMWATER MANAGEMENT AND DISCHARGE7-7-1: APPLICABILITY AND REGULATORY CONSISTEN7-7-2: STORMWATER MANAGEMENT FEE:7-7-3: DELINQUENT BILLS:7-7-4: STORMWATER MANAGEMENT PLANS AND COMPRE7-7-5: DISCHARGE REGULATIONS AND REQUIREMENTS
Middleton Municipal Code — public domain
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