STREET TRENCHING AND RIGHT-OF-WAY MANAGEMENT

Gulfport Code of Ordinances ch. 7, art. VI

in effect

Gulfport Code of Ordinances § 7-250 Definitions.

Sec. 7-250. - Definitions. The following words and phrases, whenever used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Applicant means any owner, contractor, developer, or builder who has submitted an application for a permit to excavate or perform work or construction on, within, or under any street, alley, or public way or right-of-way, except a person who falls within the purview of the city's "Fiber Optic Initiative" ordinance. If a permit is issued under this article, the applicant is therein the "permittee" and is referred to herein as the same. (b) City shall mean the City of Gulfport, Mississippi. (c) City engineer means the director of the city's engineering department, or other person designated by the mayor or city engineer. (d) Director of public works means the director of the public works department, or other person designated by the mayor or the director of public works. (e) Emergency shall mean the repair of a utility which must be made to restore service, to avoid property damage, or to eliminate danger to the public. An application shall be made for a permit for all emergency cuts, digging, or excavations within forty-eight (48) hours after the cuts, digging, or excavations have been made. However, a prospective applicant shall give verbal notice immediately to the city engineer or his or her designee upon determination that "emergency" work or construction is needed and prior to commencing this work. All other provisions of this article shall apply to "emergency" cuts, digging, or excavations. (f) Excavation shall mean any opening in the paved or improved surface or subsurface of the public right-of-way. (g) Excavation influence area means the mandatory minimum areas for resurfacing an excavation. (h) Franchise right means any government or statutory conferred right to engage in a specific business. (i) Franchise agreement means any franchise agreement validly entered into between a franchisee and the City of Gulfport and includes any equivalent grant of a franchise from the city or any other governmental entity having lawful jurisdiction over the affected area(s) in question, but does not include a franchise agreement entered into in accordance with the city's "Fiber Optic Initiative" ordinance, which agreement shall be governed by the city's "Fiber Optic Initiative" ordinance. (j) Installations means any legally authorized type of structure, plant, equipment, or other property installed in the public rights-of-way. (k) Notice means a written notification which is deemed to have been received on the date on which it was faxed or three (3) days after the date on which it was mailed via first class United States mail, postage pre-paid. (l) Owner means the company or business authorized to construct, repair, or adjust a utility or to perform the work or construction referred to in the application or permit. (m) Pavement means the fully improved roadway surface of the public rights-of-way, designed and constructed to support the movement of vehicular traffic. Pavement typically consists of asphaltic concrete or cement concrete and it includes any subgrade installations. (n) Person means any natural person, corporation, partnership, or any governmental agency, department, or subdivision of the city, county, or the state, or United States of America but does not include for purposes of this ordinance a person who falls within the purview of the city's "Fiber Optic Initiative" ordinance. (o) Permit means a permit to perform an excavation, trenching, or cutting across a street or within a right-of-way or any digging, boring, or other type of work on, under, over, or within any city right-of-way or public way as it has been approved or may be amended or renewed by the city engineer or his or her designee; provided, however, that "permit" does not include for purposes of this ordinance one to perform an excavation, trenching, or cutting across a street or within a right-of-way or any digging, boring, or other type of work on, under, over, or within any city right-of-way or public way that is done so in accordance with or pursuant to the city's "Fiber Optic Initiative" ordinance and a franchise grant or franchise agreement executed in accordance therewith. (p) Permit application means the prescribed "permit application for the construction, repair, or adjustment of a utility or for work within, on, or under city rights-of-way" or such other application as approved by the city engineer. (q) Pothole means a limited excavation used to determine the actual vertical and horizontal location of underground installations. (r) Public rights-of-way or rights-of-way means the paved and adjoining areas across, along, beneath, in, on, over, under, upon, and within the city streets, alleys, roadways, easements, and public ways, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the department of urban development and department of engineering. (s) Public utility company means any company, provider, or organization that installs, operates and/or maintains infrastructure for a public service. (t) Resurface or resurfacing means any or all of the following as directed the director or public works or city engineer or their authorized representative(s): 1. Any removal and replacement necessary for sub-base repairs using either cement concrete, of full depth base repairs using either cement concrete, or full depth base asphaltic concrete. 2. Coldplanning/milling the gutter-line, and making horizontal header cuts to a minimum depth of one (1) inch, for a minimum of six (6) feet in width, or if required by the city engineer, cold planning/milling of the entire street width. 3. Replacement of any damaged traffic signal detection loops. 4. Placement of pavement reinforcing fabrics, if required by the city engineer. 5. The placement of hot mix asphaltic concrete upon the existing roadbed, in varying thicknesses as directed by the city engineer. 6. The adjustment of any affected city manholes and gate valve covers. 7. The permanent layout and installation of pavement markings. (u) Street shall mean any public highway, road, street, avenue, alley, lane, drive, way, easement, place, court, or trail, which has been accepted, or is hereafter accepted, by the city into the city road system or in which the city has easement or ownership interests. (v) Trenchless technology means methods, material, equipment and techniques that can be used to install, replace, renew or repair underground infrastructure with minimal surface disturbance. Trenchless technology includes drilling, auguring, boring and tunneling. (w) Unimproved rights-of-way means city rights-of-way that do not have pavement and do not have a sidewalk, curb or gutters. (Ord. No. 2644, § 2-1, 9-22-09; Ord. No. 2666, § 2, 2-9-10; Ord. No. 2823, § 2, 2-3-15; Ord. No. 2895, § 2, 4-5-17; Ord. No. 3189, § 2, 10-18-22)

Gulfport Code of Ordinances § 7-251 Excavating, digging, and trenching prohibited; permit required.

Sec. 7-251. - Excavating, digging, and trenching prohibited; permit required. It shall be unlawful for any person to open, excavate, cut, trench, bore, tunnel, undermine, or dig or cause to do so in, on, or under any public street, public place, or right-of-way for the installation, repair, or removal of any pipe, conduit, duct, tunnel, utility pole, or any other facility or installation or for any other purpose without having first obtained a permit from the city engineer or his or her designee in accordance with the provisions of this article and all work performed which relates to such activities shall be performed in compliance with the provisions hereof provided. Projects that involve the placement of multiple utility poles may be applied for in a single permit, provided that the applicant includes a detailed description of the number, location and installation schedule of each utility pole to be installed as part of the project. A permit shall not be required for the replacement of an existing pole or maintenance of an existing pole, but notification shall still be required as well as submission of proof of a current or existing franchise agreement with the city or legal equivalent thereof or proper right-of-way use or license agreement encompassing the facilities or infrastructure that exists or will exist within the city right-of-way or public way. The issuance of a permit under this Ordinance does not itself confer upon the applicant or recipient thereof or anyone else any right or authorization to engage in any commercial or business venture or enterprise in, on, under, or over any street, easement, right-of-way, or public way or property. Nothing that is located within, on, under, or over any street, easement, right-of-way, or public way or property shall be used as part of or in furtherance of any commercial or business purpose, enterprise, use, or venture unless the same is within the scope of a then existing, valid and current franchise agreement with the city or an "Agreement to Enter" pursuant to § 7-253, or which is expressly permitted by federal or state law. (Ord. No. 2644, § 2-2, 9-22-09; Ord. No. 2666, § 3, 2-9-10; Ord. No. 2823, § 3, 2-3-15; Ord. No. 2895, § 2, 4-5-17)

Gulfport Code of Ordinances § 7-252 Permit application.

Sec. 7-252. - Permit application. (1) No permit shall be issued without a completed application on the form approved by the city engineer. The application shall be submitted to the permitting division of the city's department of urban development, who will then forward the application to the city engineer, and shall minimally include: (a) A detailed description of the size, type, nature, and extent of the work or construction to be done; (b) The exact location and approximate area where the anticipated work or construction is expected to occur, including the approximate length and width and, if the excavation or digging is in a street or alley, whether it is parallel or transverse to the direction of the travel lanes; (c) The name and residential or business address and telephone number for the permittee; (d) The name and residential or business address and telephone number for the project manager or person to oversee and/or manage the anticipated work or construction; (e) The dates of commencement and completion of the work; and (f) The purpose of the work or construction. No application authorized or imposed by this article shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any city street to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate the relocation of a public road. (2) Along with the application for a permit, an applicant must submit evidence acceptable to the city that the applicant or person to perform the work or construction has sufficient expertise and ability to timely repair the street, road, or right-of-way and shall execute an indemnification and hold harmless agreement to the city which indemnifies, protects, and holds harmless the city from the actions of the applicant or permittee and their agents and representatives in any way arising out of or stemming from their construction or work. As part of this, the applicant must provide the identity of all contractors and sub-contractors who will be performing work under the permit, to include names of points of contact and their current cell and office phone numbers, e-mail addresses, and business addresses. The city retains and reserves the right to deny the application based on contractors and/or sub-contractors who are selected by the applicant based on past performance and/or violations of city ordinances and construction standards. Applicant is required to submit for approval a "permission to sub-contract form". (3) For new construction, an applicant must submit one electronic set of project construction plans at the time of filing an application for a permit. Plans are not required for routine maintenance and service installations. Such plans shall include the location(s), width, and arrangement of the proposed work or construction; the distance between any existing entrances within one hundred (100) feet of the proposed work or construction; distance(s) from the centerline of the traveled way to any structures, gasoline pumps, or other obstructions within one hundred (100) feet of the proposed work or construction; property lines and easements within one hundred (100) feet of the proposed work or construction; the length, size and location of existing pipes, culverts, catch basins or manholes, conduit, curbing, curb and gutter, and/or sidewalks, and above and below ground utilities within one hundred (100) feet of the proposed work or construction; and the proposed location of new pipes, conduit, culverts, catch basins or manholes, curbing, work or construction sought to be completed. The construction plans will be promptly reviewed and a permit will be issued or denied within five (5) working days after the application has been properly submitted along with the plans. The applicant is responsible for the engineering and design of its project and construction and the integration of its maintenance and construction responsibilities. (4) The applicant is responsible for following Mississippi One Call Program (811) and all regulations and requirements associated therewith, as well as with locating all utilities within the area of the proposed work or construction and any damage to other utilities shall be at the sole cost and expense of the applicant or permittee, as the case may be. (5) In order to expedite the issuance of a permit, a permit may be issued with conditions on construction and work hours. (6) No permit shall be transferable. (7) Except for requirements subject to the exclusive jurisdiction of another regulatory agency or governing state or federal body or any valid agreement or franchise, the location, depth and other physical characteristics of any facilities or construction for which a permit is issued hereunder shall be subject to approval of the city engineer or his or her designee, such approval not to be reasonably withheld and to be based on, but not limited to, maintenance, operation, and oversight of the affected streets, alleys, sidewalks, rights-of-way and construction areas. (8) No permit shall be issued until the applicant has submitted proof of a current or existing franchise agreement with the city or legal equivalent thereof, a current and effective Agreement to Enter in accordance with § 7-253, or a proper right-of-way use or license agreement with the city authorizing or otherwise permitting use of the city right-of-way or public ways for such improvements or facilities or encompassing the facilities or infrastructure that exists or will exist within the city right-of-way or public ways, provided that such improvements, facilities, or infrastructure are not used for or in furtherance of any commercial or business purpose, enterprise, use, or venture. (9) The applicant shall state and affirm in the permit application whether or not the improvements, facilities, infrastructure, or other property or service to be located in, on, over, within, or under any public street, easement, property, right-of-way, or public way will be used for, as part of, or in furtherance of any commercial or business purpose, enterprise, use, or venture. No public street, easement, property, right-of-way, or public way shall be used for or in furtherance of any commercial or business purpose, enterprise, use, or venture unless such is expressly within the scope of a current and existing franchise agreement with the city or "Agreement to Enter" pursuant to § 7-253 or the applicant is expressly preempted from this ordinance by state or federal law. (10) The utility company that is the subject of the application will only be allowed to have three (3) large construction (over one hundred (100) linear feet of utility) permits open with the city at any given time. (Ord. No. 2644, § 2-3, 9-22-09; Ord. No. 2666, § 4, 2-9-10; Ord. No. 2823, § 4, 2-3-15; Ord. No. 2895, § 2, 4-5-17; Ord. No. 3189, § 2, 10-18-22)

Gulfport Code of Ordinances § 7-253 Fees.

Sec. 7-253. - Fees. (1) Initial/base permit filing fee. Except as otherwise provided herein, at the time an application is submitted or filed with the permitting division of the city department of urban development, the following nonrefundable fees shall accompany this application and be paid to the city through the permitting division for the issuance of permits herein and associated with the servicing of such permits, inspection of affected areas, and general compliance with this article: (a) Openings or excavations up to one hundred (100) feet - Two hundred dollars ($200.00); or (b) Openings or excavations over one hundred (100) feet - Two dollars and twenty-five cents ($2.25) per foot for every foot over one hundred (100) feet plus one hundred dollars ($100.00). (2) Street/right-of-way temporary closure fee. In addition to any other fees required under this article, permits requiring the temporary closure of any portion of the city's streets or rights-of-way shall be subject to the following fees: Length of Closure | Application | Inspection 3 days or less | $15.00 | $0.00 4 days through 10 days | 15.00 | 10.00 11 days through 20 days | 15.00 | 20.00 21 days through 30 days | 15.00 | 30.00 31 days through 45 days | 15.00 | 45.00 46 days through 90 days | 15.00 | 50.00 plus $1.00/day beyond 50 days Closures in excess of ninety (90) days are prohibited. (3) Exemptions. Any applicant who declares that it is a public agency, a public utility company, or who has a valid franchise agreement with the city or has statutorily granted franchise rights shall be exempt from the fees set forth in subsection (1) provided that the applicant submits along with their application a statement providing the reason for exemption and a nonrefundable fee of fifty dollars ($50.00) for the servicing of such permits, inspection of affected areas, and general compliance with this article. After the initial application, verification of the exemption shall be submitted annually. Any applicant who declares a valid exemption shall provide a written pavement life performance warranty in a form acceptable to the city. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influenced area becomes depressed, broken, or otherwise fails at any time after the excavation (or joint excavation) has been completed, the applicant shall repair or restore such condition pursuant to the procedure set forth in section 7-259. This exemption from fees provided herein does not exempt such person, agency, or entity from compliance with all other provisions of this Ordinance (§ 7-250, et seq.) unless expressly exempted by federal or state law. (4) Limited application of fees; Agreement to enter into franchise agreement. (a) Agreement to enter into franchise agreement. A permit applicant, prior to being issued a permit, (referred to as "applicant" in this paragraph (4)) may enter into a written agreement with the city to negotiate and enter into a franchise agreement (referred to as an "agreement to enter" in this ordinance). The term of such an agreement to enter shall not exceed six (6) months from the date of execution thereof. Following approval by the city attorney and city council, the agreement to enter shall be effective upon the last date of approval or signature on behalf of the city by the mayor or his or her designee and by a proper and authorized representative of the applicant. (b) Effect of agreement to enter. Execution of an "agreement to enter" with the city herein shall serve as the existence of a good faith effort on the part of the applicant to execute a franchise agreement within the six (6) month term thereof. If no franchise agreement is entered into between the applicant and city within the said six (6) month term, the applicant shall not be entitled to operate or conduct any commercial or business venture, enterprise, purpose, or use within, on, over, or under the public areas or ways , streets, property, or rights-of-way that were within the scope of any application(s) issued under this Ordinance unless otherwise specifically exempted under this Ordinance or a party to a valid and then current and effective franchise agreement. (c) Limited application of certain trenching permit fee(s) toward qualifying franchise fee(s). If an agreement to enter has been timely and properly executed by the applicant and city, the applicant may request that any fees it previously paid to the city in connection with one (1) or more permits under this Ordinance (§ 7-250, et seq.) and which the city actually received and deposited, be applied toward whatever fee the applicant owes or may owe the city under its franchise agreement with the city that was executed in conjunction with its Agreement to Enter. The applicant must submit a written request to the city engineer for application of such permit fee(s) toward monies owed to the city under the applicable franchise agreement. Such a request for application of permit fees must be received by the city engineer or his or her designee within 365 consecutive calendar days of the effective date of the Agreement to Enter, with the first day of such time period to commence on the day following receipt by the city representative. If the last day of this period falls on a Saturday, Sunday, or municipal holiday, the deadline shall extend to the next consecutive day that is not a Saturday, Sunday, or municipal holiday. Application of permit fee(s) does not entitle the applicant or anyone else to any monetary value or consideration. If the amount of permit fee(s) exceeds the amount of franchise fee(s) owed to the city during this 365-day period, the city shall be entitled to keep possession and ownership of whatever amount(s) of permit fee(s) exceeds the amount(s) of franchise fee(s) paid by applicant to the city and received by the city during this 365-day period. If the amount of permit fee(s) is less than the amount of franchise fee(s) owed to the city during this 365-day period, the applicant shall still be obligated under its franchise agreement to pay whatever fees are owed the city thereunder after application of the permit fee(s) for that time period. As long as a franchise fee is then owed to the city, and a request for application is timely and properly made, the city shall make application thereof. However, the city shall apply such permit fee(s) toward franchise fee(s) at a time left to the discretion of the city governing authority or its designee, but at no time later than one hundred (100) days following the city's receipt of the applicant's request for application or the city's receipt of the applicable franchise fee(s), whatever is later. Permit fees may only be applied to franchise fees owed to the city by the same applicant or its subsidiary or parent company. (5) Waivers. In the interest of public convenience and the conservation of public monies and resources, the city, by and through the city engineer or his or her designee, may waive any or all permit fees for work performed by a governmental agency, whether this work is performed by employees of the governmental agency or by a private firm or corporation under contract with the governmental agency. However, such governmental agency or private firm or corporation under contract therewith shall not be relieved of the responsibilities for obtaining a permit for work covered in this Ordinance as well as complying with all other provisions herein not in conflict with state or federal law. For purposes of this Paragraph only, "governmental agency" shall include the city. (Ord. No. 2644, § 2-4, 9-22-09; Ord. No. 2666, § 5, 2-9-10; Ord. No. 2895, § 2, 4-5-17; Ord. No. 3189, § 2, 10-18-22; Ord. No. 3457, 10-8-24)

Gulfport Code of Ordinances § 7-254 Expiration of permits; completion of work; submission of completion of work form; as-built drawings.

Sec. 7-254. - Expiration of permits; completion of work; submission of completion of work form; as-built drawings. (1) A permit issued under the terms of this article shall expire and be of no further force or effect if work authorized by such permit shall not be commenced within thirty (30) days from the date of issuance, and further, that such authorized work be completed and restored within fourteen (14) days of the start of such work or as approved by the city engineer or his or her designee for additional time. Exceptions to those provisions may be granted by the city engineer or his or her designee when unusual circumstances are demonstrated. Failure to comply with any conditions relating to issuance of a permit shall be cause for revocation of such permit and shall constitute a violation of this article. The city reserves the right to make emergency repairs if deemed required for public safety. The cost of those repairs shall be borne by the permit holder and will be taken from the performance bond if not paid. (2) All work performed under a permit issued hereunder shall be in conformance with all applicable and current codes, regulations, and laws and the permittee is responsible for all work performed pursuant to the permit, regardless of who performs the work. A permittee shall not obstruct a street, alley, curb, gutter, sidewalk, or right-of-way so that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. (3) Permittee shall submit a permit completion of work form to the city engineer or his or her designee upon completion of work associated with the permit. Failure of permittee to properly submit this completed form within three (3) business days of completion of work is a violation of this article. (4) Upon completion of any construction by or for the permittee and within six (6) months thereof, permittee shall provide the city engineer with as-built drawings of the permitted construction. These drawings will be geo-synchronized showing the final placement of facilities and related infrastructure and will be in electronic format compatible with CAD or ESRI systems, or such other digital formats as are reasonably acceptable to the Parties. The permittee shall have a comprehensive map of all of their facilities, systems, and infrastructure within all rights-of-way within the city, and the city engineer, at his or her discretion, shall be provided a copy of such map upon request. (Ord. No. 2644, § 2-5, 9-22-09; Ord. No. 3189, § 2, 10-18-22)

Gulfport Code of Ordinances § 7-255 Bond required.

Sec. 7-255. - Bond required. Every person obtaining a permit shall at the time of receiving the same, make, execute and deliver to the permitting division of the city's department of urban development or any authorized representative, a good and sufficient bond, to cover the costs of replacing permanent pavement and any improvements, payable to the city with a surety company doing business in the state as surety thereon, in such amount as the city engineer or his or her designee may require, not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00). Such bond shall be utilized to repair any necessary damage or lack of sufficient or adequate resurfacing and/or restoration and any surplus shall be returned upon final inspection by the city's department of engineering. Any general contractor or public utility using the streets or rights-of-way, or any part thereof, may execute a like bond, general in terms, to cover any and all work that may be done by such contractor or public utility in the streets or within public rights-of-way for an amount not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00). Such bond when executed and delivered shall be in lieu of the bond hereinabove required in each case. Bonding for organizations or companies that operate under a franchise right or agreement with the city shall be governed by their franchise agreements, to the extent covered or governed therein, but these organizations are still subject to all other requirements of this article. Subject to the approval of the city engineer, or his or her designee, any company or organization that annually provides proof of insurance or self-insurance in an amount of at least five hundred thousand dollars ($500,000.00) may submit proof of insurance in lieu of a bond. Any company or organization providing proof of coverage in lieu of a bond must provide within fourteen (14) days of any change in coverage amounts or provider, documentation detailing the change to the city engineer. If any company or organization previously authorized to submit insurance in lieu of a bond no longer carries insurance of at least five hundred thousand dollars ($500,000.00) or cannot annually provide proof of insurance or self-insurance, the company or organization shall be required to submit a bond according to the terms provided in this section. (Ord. No. 2644, § 2-6, 9-22-09; Ord. No. 2666, § 6, 2-9-10)

Gulfport Code of Ordinances § 7-256 Work hours; notification of work; status of work.

Sec. 7-256. - Work hours; notification of work; status of work. (1) Except for emergency repairs or as approved by the city engineer or his or her designee, work conducted or pursued in accordance with a permit shall be between the hours of 7:00 a.m. and 3:30 p.m. Monday - Thursday and 7:00 a.m. and 12:00 p.m. Friday, prevailing time. Starting or warming up equipment prior to 7:00 a.m. is prohibited. Work on the weekend or legal holidays is prohibited unless specifically authorized by the city engineer or his or her designee. (2) At least five (5) days in advance of any permitted work occurring, the permittee shall provide written notice to each owner of property that is located or found to be within two hundred (200) feet of any of the work or construction to occur. Such notice shall minimally include a written description of the project and where the work is to occur and a schedule for completion of the work. Within the same time parameters, the permittee shall further notify emergency agencies and television, radio, and print media within the city of any road closures or obstructions due to anticipated work or construction. (3) The permittee shall further coordinate his or her activities associated with the permitted work or construction with the city engineer or designee. If, during the course of construction or work, any city-owned or maintained water, sewer, and/or underdrain/stormwater manhole, catch basin, pipe, junction box, or any other type of facility, appurtenance, or improvement, including, but not limited to, curb, guardrail, sidewalk, pole, or street is damaged, destroyed, or disturbed, such condition shall be reported immediately to the city engineer or director of public works or their designee, who shall then prescribe, direct, supervise, and inspect the necessary corrective action, with inspection costs as well as all the costs of repair and all other resulting expense being borne by the permittee. (4) The permittee shall provide to the city engineer a weekly project schedule in advance of work to be performed in the upcoming affected week, to include, but not be limited to, the location (with identity of subject street and subdivision/neighborhood), work type (i.e., aerial, missile boring, horizontal direction drilling, trenching, etc.), identities and contact information for the point of contact for each crew on the project, as well as what permitted work has been completed on the project through the date of such report. (5) Applicant shall provide a full-time inspector on all large construction projects (over one hundred (100) linear feet of utility). (6) The permittee shall obtain and provide to the city engineer upon request a pre-construction video showing the existing rights-of-way corridor where work will be performed, with emphasis on utility locates, pavement, curb and gutters, sidewalks, landscaping, and any other improvements or facilities within and along the affected rights-of-way. (Ord. No. 2644, § 2-7, 9-22-09; Ord. No. 3189, § 2, 10-18-22)

Gulfport Code of Ordinances § 7-257 Excavation and backfill.

Sec. 7-257. - Excavation and backfill. (1) [Construction methods.] Methods of construction for excavation and backfill shall be in accordance with the standard specifications for road and bridge construction as adopted by the Mississippi Department of Transportation or construction standards for the city as determined by the city engineer, whichever is stricter or more stringent, and such provisions as are included herein and as may be added in the special conditions. No opening or excavation off a cross trench shall extend beyond the centerline of the road before being backfilled, compacted and the surface of the roadway temporarily restored. All trenches will be backfilled in six-inch lifts and compacted with vibratory mechanical compaction. No excavation shall take place unless the mechanical vibratory compactor is actually on the site. All utility facilities shall be located sufficiently ahead of trench excavation work to avoid damage of those facilities and to permit their relocation, if necessary. Storm drains, pipe culverts or other facilities encountered shall be adequately protected by the permittee. If the work performed interferes with the established drainage system of any street, road, or alley, adequate provision shall be made by the permittee to provide proper drainage during construction and to restore the existing system, all to the satisfaction of the city engineer or his or her designee. No dewatering equipment, wells, points, or piping shall occupy the traveled portion of roadways unless specifically approved and adequately protected to the satisfaction of the city engineer or his or her designee. Effluent from dewatering systems shall be discharged in such a manner that erodible soils are not adversely affected. All silt sediments being carried in the dewatering effluent must be intercepted prior to effluent discharge into any drainage system through use of a sedimentation basin designed to allow retention of discharge for sufficient time to render such waters free of suspended silt and sediments. The use of screening devices in lieu of sedimentation basin must receive specific approval from the city engineer or his or her designee and be employed only for minor flows. Any gravel, earth or other excavated material which is caused to roll, flow, or wash upon any road shall be removed from the roadway after deposit and such removal shall not occur more than twenty-four (24) hours therefrom. In the event the earth, gravel or other excavated material so deposited is not removed, the city or another on behalf of the city may remove the material and any and all costs incurred shall be paid by the permittee or applied from his or her bond. The permittee shall employ construction methods and rests that will keep flying dust to the minimum to the satisfaction of the city engineer or his or her designee. At the first sign of precipitation, all work on the shoulders and traveled way of streets and alleys shall stop and they shall be cleared of all dirt, gravel, and loose materials and the area backfilled until the weather permits resumption of work. (2) Backfilling. Before backfilling of any cuts, trenches, or openings in streets, roads, or rights-of-way, the permittee shall request an inspection by the city engineer or his or her designee. All backfill material will be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones, wet material, or other materials which renders same unsuitable to obtain a firm and compact cover for the installed pipe. The backfill shall be placed in layers not to exceed six (6) inches and each layer shall be thoroughly compacted to not less than ninety-five (95) percent of the maximum dry density as defined by a Standard Proctor Test. Flowable fill will be substituted for compacted back-fill when directed by the city engineer or his or her designee. A Standard Proctor Test (ASTM D698) shall be conducted by an independent soil testing firm and the results given to the city engineer or his or her designee. The cost of this test shall be borne by the permittee or the person, firm, or corporation doing the backfill. (Ord. No. 2644, § 2-8, 9-22-09)

Gulfport Code of Ordinances § 7-258 Joint excavation.

Sec. 7-258. - Joint excavation. Whenever applicants propose work or construction in the same block or area of the city, the city shall condition permits for such work in a manner that maximizes coordination and minimizes the total period of construction. Such work may be conditioned to require the applicants to participate in a single excavation with the bond to reflect the pro rata share of the work. Applicants may seek a waiver of the joint excavation requirements with respect to a particular excavation. Within twenty (20) calendar days of receipt of a written request for a waiver, the city engineer or his or her designee shall render a decision upon such a request, taking into account the impact of the proposed excavation on the neighborhood and the public health, safety, welfare, and convenience. (Ord. No. 2644, § 2-9, 9-22-09)

Gulfport Code of Ordinances § 7-259 Resurfacing; restoration.

Sec. 7-259. - Resurfacing; restoration. (1) Resurfacing. Resurfacing shall include, but is not limited to: (a) Where the excavation is in the direction of traffic, the permittee shall resurface the entire length of the excavation area plus the excavation influence area on each end, and the entire width of the public right-of-way from curb line to curb line, or where a raised median is present the owner shall resurface from the curb line to the median. Where there has been a fifty (50) percent or greater surface area impacted, the permittee will be required to resurface the entire lane within the construction area. Where there has been a fifty (50) percent or greater surface area impacted on an entire roadway, the permittee will be required to resurface the entire road section within the construction area. (b) Where the excavation is perpendicular to the direction of traffic, the permittee shall resurface the length of the excavation from curb line to curb line or the length of the excavation plus the excavation influence area extending on each end of the excavation, whichever is less. This resurface shall also include the excavation area plus the excavation influence area on each side of the excavation. (c) Where a raised median is present and the excavation is perpendicular to the direction of traffic, the permittee shall resurface either from the raised median to the curb line, or for the length of the excavation, plus the excavation influence area extending on each end of the excavation, whichever is less. This resurface shall also include the excavation plus the excavation influence area on each side of the excavation. (2) Restoration. In addition to any required resurfacing, any areas affected by work or construction shall be restored within three (3) days of completion of work or construction on the property or areas affected thereby so that each such property or area shall, to the best extent possible, be placed in the same or better condition it was in prior to the commencement of work or construction. Such restoration shall include, but not be limited to, the replacement of all markings and/or stripping per the current Manual on Uniform Traffic Control Devices and city construction standards and the resodding of like or higher-quality turf or replacement of similar vegetation that was adversely affected or damaged by the work as well as the replacement or restoration of any and all sidewalks, driveways, shoulders, curbs, curb cuts, manholes, and any other improvements. Replacement of improvements necessitated by work authorized by a permit shall be made in accordance with prevailing and governing industry standards, codes, regulations, and laws at the time of the replacement. If a sidewalk, curb, and/or gutter were damaged by the permittee, the permittee shall be responsible for all costs associated with its replacement. Sidewalks, curb, and gutter shall be saw cut three (3) inches prior to replacement to provide a clean edge. Except as otherwise provided in section 7-253, the permittee shall be responsible for cracks or settling of same for a period of two (2) years from date of repair. Restoration of grassy areas that were, in the opinion of the city engineer, not generally maintained prior to commencement of work authorized under a permit, may include reseeding of grass in lieu of resodding of turf. All such restoration efforts shall be inspected by the city engineer or his or her designee. The permittee's bond shall not be released or surrendered for the work or permit until acceptance of all restoration efforts has been made by the city engineer or his or her designee. By restoring the rights-of-way and areas affected by construction or work permitted hereunder, the permittee guarantees its work for twenty-four (24) months following its completion and acceptance by the city engineer or his or her designee. During this twenty-four-month period, the permittee shall, upon notification from the city engineer or his or her designee, correct all restoration work to the extent necessary using the method required by the city engineering department and such work shall be completed within the time specified by the city engineer or his or her designee. (Ord. No. 2644, § 2-10, 9-22-09; Ord. No. 2666, § 7, 2-9-10)

Gulfport Code of Ordinances § 7-260 Safety; lighting and barricading required.

Sec. 7-260. - Safety; lighting and barricading required. The permittee shall be responsible to comply with all current and applicable federal, state and local safety regulations, codes, requirements, and laws. The permittee shall further be responsible at all times for the safety of the area(s) where work or construction is to occur under a permit issued hereunder as well as for the safety of the public who may encounter such area(s). The permittee shall further ensure that any work authorized by a permit hereunder which is left overnight or in an unfinished condition at any time when construction is not actually occurring or during actual construction is made safe, which shall minimally include the placement of danger or warning lights and barricades as required by any applicable or governing safety or traffic codes, regulations, and laws and in accordance with the Manual on Uniform Traffic Control Devices. (Ord. No. 2644, § 2-11, 9-22-09)

Gulfport Code of Ordinances § 7-261 Existing signs; removal and replacement.

Sec. 7-261. - Existing signs; removal and replacement. Right-of-way or property monuments and/or markers, traffic-control devices and other devices or signs on public rights-of-way shall not be removed or disturbed unless permission to do so is first obtained in writing from the city engineer or his or her designee. Permission shall be granted only upon the condition that the permittee shall pay all expenses incident to the replacement and/or relocation of such monuments, signs, and/or devices. (Ord. No. 2644, § 2-12, 9-22-09)

Gulfport Code of Ordinances § 7-262 Danger lights on excavations, unfinished fill, other obstructions.

Sec. 7-262. - Danger lights on excavations, unfinished fill, other obstructions. At all times, including nonwork and overnight hours, the permittee shall be responsible for the safety of the area where any excavation, unfinished fill or any obstruction of any kind whatever is placed in any street, alley, sidewalk, or right-of-way and permitted to remain or exist. Such area shall minimally be marked with good and sufficient danger or warning lights, with barricades, and in such manner as to plainly show or reveal the place and extent of such excavation, unfinished fill or obstruction. Danger or warning lights shall be erected and illuminated not later than sunset of each evening and kept burning continuously until sunrise the next morning. The placement, type, and form of danger or warning lights and barricades and ensuring the safety of these areas shall be in accordance with any and all applicable or governing safety or traffic codes, regulations, and laws and with the Manual on Uniform Traffic Control Devices. (Ord. No. 2644, § 2-13, 9-22-09)

Gulfport Code of Ordinances § 7-263 Dragging articles over streets, sidewalks.

Sec. 7-263. - Dragging articles over streets, sidewalks. It shall be unlawful for any person to drag or move over or along any street, alley, or sidewalk in the city that is paved with asphalt or concrete or improved with brick or any other kind of paving material any article, the weight or character of which is liable to displace or loosen the paving material or otherwise damage the pavement or improvement; provided, however, that such article may be dragged or moved over or along such streets and sidewalks if such article is supported and moved on wheels or rollers of sufficient width to cause no damage to the pavement or improvement. (Ord. No. 2644, § 2-14, 9-22-09)

Gulfport Code of Ordinances § 7-264 Repair of sunken pavement over excavation.

Sec. 7-264. - Repair of sunken pavement over excavation. If the subsurface material or pavement over or within the trench influence area associated with an area of construction or work in a permit becomes depressed or broken at any time within two (2) years after the excavation has been completed and accepted and before resurfacing of the city street or at any time prior to such time as the street surface is completely resurfaced, the bond shall be used to cover the costs of the repair and the person or persons who excavated the area as well as those who were responsible for the excavation, including, but not limited to, the permittee, shall be liable for any and all remaining costs arising out of such repair. (Ord. No. 2644, § 2-15, 9-22-09)

Gulfport Code of Ordinances § 7-265 Moratorium.

Sec. 7-265. - Moratorium. Excavation, cutting, or digging in, around, under, or through newly created, renovated, or resurfaced city streets is prohibited for five (5) years after the filing of a notice of completion or acceptance of a new street or structural overlay of the street, except as follows: (1) Emergency which endangers life or property, such as an occurrence that: a. Endangers the health and safety of property; and b. Requires excavation in order to remediate the emergency; (2) Repair or modification to prevent interruption of essential utility service; (3) Relocation work that is mandated by city, county, state or federal law; (4) Service for buildings where no other reasonable means of providing service exists, as determined by the director of public works and the city engineer, or their authorized representative(s); (5) In a city street that the city has scheduled for resurfacing either during the fiscal year (October 1 to September 30) when the excavation permit is issued or during the following fiscal year and the work takes place prior to the resurfacing; (6) For potholing to verify utility depth or location; (7) Trenchless excavations greater than three (3) feet in depth of cover over the utility facility not requiring a significant surface incision greater than industry bore pit standards may be allowed at the discretion of the Director of Public Works and the City Engineer, or their authorized representative(s); (8) New service to a specific location that cannot be provided; a. Through existing conduit; or b. Where trenchless technology is impractical due to one (10 or more of the following: 1. Soil conditions; or 2. Proximity of installations; or 3. Where a large conduit package is being installed; or 4. Where trenchless technology is economically impractical compared to trenching and resurfacing performed in accordance with approved standards; or (9) Other situations deemed by the director of public works and the city engineer, or their authorized representative(s), to be in the best interest of the general public. (Ord. No. 2644, § 2-16, 9-22-09)

Gulfport Code of Ordinances § 7-266 Cleaning up of streets/rights-of-way.

Sec. 7-266. - Cleaning up of streets/rights-of-way. In every case and at all times, it shall be the duty and responsibility of the permittee to properly remove or caused to be removed from streets, alleys, rights-of-way and work or construction areas all obstructions, surplus materials, debris and waste matter of every description caused by and/or accumulated from the work or construction that is the subject of the permit or which arises therefrom. (Ord. No. 2644, § 2-17, 9-22-09)

Gulfport Code of Ordinances § 7-267 Street closings.

Sec. 7-267. - Street closings. Any anticipated closing of any streets, roads, or alleys due to construction or repair must be approved by the city engineer or his or her designee with detailed plans and plans for emergency vehicle access submitted to him or her for review and approval a minimum of seven (7) days in advance of any anticipated closing or anticipated traffic pattern change. The city reserves the right to alter the construction schedules of the applicant or permittee in the coordination of traffic flow through an area where multiple openings are to take place. All construction signing, protection devices, warnings, and flaggers must be in accordance with applicable or governing codes, regulations, and laws, including, but not limited to, the Manual on Uniform Traffic Control Devices. (Ord. No. 2644, § 2-18, 9-22-09)

Gulfport Code of Ordinances § 7-268 Trees; shrubs.

Sec. 7-268. - Trees; shrubs. In the course of any work in the right-of-way, the permittee shall not remove or damage or cause to be removed or damaged any trees or shrubs which exist in or along a street, alley, or right-of-way area without first obtaining the approval of the city engineer or his or her designee and the city tree protection advisor and only if the same would not be in violation of any other ordinance, regulation, or code. (Ord. No. 2644, § 2-19, 9-22-09)

Gulfport Code of Ordinances § 7-269 Posting of permits.

Sec. 7-269. - Posting of permits. At all times while work or construction is in progress, the permittee shall keep and publicly post the original permit or a copy thereof at or near the work or construction site and shall, on demand, exhibit the permit to the city engineer or his or her designee or any police officer. (Ord. No. 2644, § 2-20, 9-22-09)

Gulfport Code of Ordinances § 7-270 Additional requirements.

Sec. 7-270. - Additional requirements. Upon completion of work permitted under this article and in compliance with a permit hereunder, and at the discretion of the city engineer or his or her designee, permittee shall furnish as-built plans of such completed work which show a correct plan view to scale, details and a profile showing the locations of all elements of the installation based on data obtained in the field during construction. (Ord. No. 2644, § 2-21, 9-22-09)

Gulfport Code of Ordinances § 7-271 Suspension; revocation of permit.

Sec. 7-271. - Suspension; revocation of permit. If work under an issued permit fails to conform to the conditions of the permit or the requirements of this article or existing ordinances of the city, the permit may be revoked or suspended. If the permit is suspended, work shall be stopped until such time as the permittee gives assurance to the city engineer of his or her ability and intention to complete the work in accordance with the conditions of the permit and this ordinance and the other ordinances of the city. Any notice of revocation, suspension or stop work shall be delivered in writing to the permittee or his or her designee or to a representative of the permittee, such as the project manager or the person who is overseeing or managing the work or construction, and shall state the reasons for such action. (Ord. No. 2644, § 2-22, 9-22-09)

Gulfport Code of Ordinances § 7-272 Liability of the city.

Sec. 7-272. - Liability of the city. Neither the city nor any officer or employee thereof shall be held responsible for any damages caused by any work or construction in any street, alley, sidewalk, right-of-way, or other public place made by any person under the authority of a permit issued pursuant to the provisions of this article. The permittee shall be solely liable for any damage or loss occasioned by any act or omission occurring in connection with such work or construction, and shall fully indemnify, hold harmless and defend city, its officers, officials, and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city and its officers, officials, and employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. The city shall promptly notify a permittee, at the address(es) set forth in the permit, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee in connection with work or construction that is the subject of a permit. (Ord. No. 2644, § 2-23, 9-22-09)

Gulfport Code of Ordinances § 7-273 Violations and penalties.

Sec. 7-273. - Violations and penalties. (1) Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or permitted. Upon conviction of any such violation, such person shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each violation. (2) No person who has violated any provision of this article as determined by the city engineer or director of public works shall be issued another permit hereunder on the same project on which the violation occurred, nor shall any contractor or agent apply for or be issued such a permit on such person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director of public works and the city engineer, or their authorized representative(s), which approval shall not be unreasonably withheld. The foregoing requirement or penalty is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. (3) In addition to any other remedy or penalty hereunder, no person who has been determined by the city engineer or the director of public works to have violated any provision of this article shall be issued a new permit under this article for a period of six (6) months following the last date of violation of this article on any other project, nor shall any contractor or agent apply for or be issued such a permit on such person's behalf. (Ord. No. 2644, § 2-24, 9-22-09; Ord. No. 3189, § 2, 10-18-22)

Gulfport Code of Ordinances § 7-274 Appeal.

Sec. 7-274. - Appeal. A person directly and adversely affected by a decision made in accordance with this article may appeal the decision by filing a written notice of appeal with the city engineer or his or her designee within ten (10) days of the decision or action being appealed. The notice must state the grounds for appeal. The appeal shall be heard by the city council within forty-five (45) days from the date the notice of appeal is received. (Ord. No. 2644, § 2-25, 9-22-09)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH7OFMIPR_ARTVISTTRRI-WMAFetched: 11/1/2026