Facts and questions on working in the right-of-way

The city of Fairfield reminds residents that permits are necessary to perform certain kinds of construction in the right-of-way, also known as the parking, the area between your sidewalk and the road.

The city has released the following facts-and-questions list related to the right-of-way.

1) Why is a Right-of-Way (ROW) permit necessary?

A permit is necessary for working in the public ROW for the following reasons:

a. To ensure public infrastructure is maintained at city, state, and/or federal standards.

b. To confirm local traffic and pedestrians are adequately warned of all work on and along city streets and sidewalks.

c. To confirm the improvements meet applicable City codes.

2) How wide is the public ROW?

The public ROW typically includes all street pavement and the area between the edge of the street or curb and the far edge of the sidewalk. Because the ROW is not the same width along every section of street, please contact the Planning and Zoning Department if you have any questions about whether or not you will be working in the public ROW.

3) What type of work requires a ROW Permit?

Any and all pavement repairs or construction, utility work requiring excavation or boring, tree planting and landscaping, and any other major excavation or alteration within the public ROW requires a permit. Any work which requires the occupancy of public ROW also requires a permit including equipment, dumpster or materials storage.

4) What type of work does NOT require a ROW Permit?

General property maintenance, replacing an existing driveway if not blocking any portion of the street or sidewalk, and work entirely on private property.

5) How long is permit valid?

The permit will be valid for 90 days from date of approval. An extension can be filed for up to 30 days at a time, if required.

6) Can one permit cover multiple locations?

Only for utility franchises. Otherwise each property owner must file a separate permit even if the work is being completed by the same contractor.

7) If I have an approved zoning, demolition, or sanitary sewer connection permit, do I still need to get a ROW permit?

Yes, if your building or demolition includes work that must be completed in the public ROW. No, if all of the work is outside of the public ROW, alley, and utility easements.

118 South Main Street

Fairfield, Iowa 52556

641-472-6193 MAIN | 641-472-0698 FAX

www.cityoffairfieldiowa.com

8) Do I need to get a City ROW permit if I am working in the ROW along Highway 1?

Yes. Additional, the City must sign off on the Iowa DOT ROW permit prior to beginning work.

9) Do I have to get more than ROW permit for more than one task? (Example: utility work, new sidewalk, and new driveway at one location)

No. A single permit can be applied to multiple jobs performed at one address/location, as long as all of those jobs are completed by the same contractor.

10) Do I need to get a City ROW permit if I am working in the alley?

Yes. The alley is considered public ROW.

11) Why is a ROW permit necessary for tree planting and landscaping?

A permit is necessary for landscaping for the following reasons:

a. To ensure vegetation growth is less than 18-inches to not interfere with pedestrian or vehicular traffic.

b. To ensure tree species are such they will not harm the longevity of the pavement and utility lines within the ROW.

c. To ensure tree species provide for a diverse urban forest.

More information on trees and landscaping in the ROW is available

http://cityoffairfieldiowa.com/DocumentCenter/View/560/Tree-Removal-Planting-Regulations?bidId=

12) Is there a fee associated with a ROW permit?

No. If traffic control devises need to be rented from the City of Fairfield, fees will be as established by Resolution. The current fee resolution is #3760 approved July 22, 2019.

13) Do I need to have insurance and bond to do work in the public ROW?

Yes, for any work requiring excavation including water, sanitary sewer, storm sewer, and electrical. Driveway, sidewalk, and landscaping work does not require insurance and bond, but it is recommended for any work requiring obstruction of traffic. Requirements are as follows: Public liability $500,000 minimum, $1M recommended; Property damage $100,000 minimum; Performance bond $25,000

Condition the contractor will perform faithfully all work with due care and skills, and in accordance with the applicable codes, laws, rules, regulations, and/or ordinances of the State

of Iowa and of the City of Fairfield.

A list of contractors who have insurance and bond on file with the City is available at: https://www.cityoffairfieldiowa.com/DocumentCenter/View/6886/Contractor-list-updated-04232020-.

Contractors wishing to be added to the list need to contact the Planning and Zoning Department. The list will be updated every January and throughout the year as staff has availability.