Broken Arrow City Council
Meeting of: 09-01-26
Title:
title
Consideration, discussion, and possible preview of Ordinance No. 3954, an ordinance amending Chapter 21, Streets and Sidewalks, of the Broken Arrow Code of Ordinances; amending Section 21-22; adding Article III, Right-of-Way Construction Permits, consisting of Sections 21-28 through 21-45; establishing requirements for new facility construction within public rights-of-way; providing for severability and an effective date; and declaring an emergency
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Background:
The Engineering and Construction Department is implementing an online construction permitting process for new facilities installed within the public right-of-way. Existing Chapter 21, Article II regulates street and sidewalk cuts, but it does not provide an integrated process addressing new facility-owner construction, plan review, traffic control, insurance, bonding, inspection, restoration, closeout, and enforcement.
The proposed ordinance requires the facility owner to obtain the permit and remain responsible for its contractors. It establishes application and plan requirements, proof of authority to occupy the right-of-way, insurance and security requirements, traffic-control and construction standards, inspections, written final acceptance, enforcement procedures, and a limited one-year restoration correction period. The ordinance preserves the existing Article II process for repairs, maintenance, emergency work, and other work outside the new-construction program. It also recognizes separate permitting processes for work performed under a valid City franchise and for small wireless construction governed by state law.
Section 21-34 authorizes a right-of-way construction permit application and review fee in the amount established in the Manual of Fees. Staff's cost analysis estimates an average City cost of $378.33 per permit, consisting of $208.98 in permit processing costs and $169.35 in attributable locate costs. Staff recommends a $375 fee, rounded below the estimated average cost. No lane-closure charge is proposed at this time. A corresponding amendment to the Manual of Fees will be presented separately, and no fee will be collected before that amendment becomes effective.
Because construction is presently occurring within City rights-of-way and may affect public travel, utilities, drainage, and City infrastructure, staff recommends adoption of the Ordinance with an emergency clause. The emergency clause will permit the uniform permitting, traffic-control, insurance, bonding, inspection, and restoration requirements to become effective October 1, 2026. The emergency clause must be approved by a separate vote of at least three-fourths of all members of the City Council.
Cost: No Cost
Funding Source: None
Requested By: Engineering & Construction
Approved By: City Manager’s Office
Attachments: Ordinance No. 3954
Recommendation:
Preview Ordinance No. 3954 and set it for adoption.