(a)
All persons or contactors performing work within the ROW must first
register with the city and supply all required information before
they will be issued an initial permit. Registered persons shall report
any changes in the registration information within thirty (30) days
of such change.
(b)
Application for registration as a ROW user shall be made upon forms provided by the city’s engineering department. In addition to a completed application form, proof of insurance, as specified in section 37.01.015 shall be provided at the time of application. All first time contractors shall provide references for similar work performed within the ROW from three (3) cities similar in size to the city.
(c)
The permit holder shall post a ROW bond or cash-equivalent security
as described in division 5 of this article. An insurance company licensed
to do business in the state shall issue this bond.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
When a ROW user suddenly and unexpectedly finds it necessary to make
an excavation to preserve life or property and/or to restore interrupted
essential services, the excavator may begin work before obtaining
a ROW permit. The person excavating or ROW user shall apply for a
ROW permit no later than the following business day.
(b)
If a permit holder in the course of an excavation cuts or damages
another ROW user’s facilities, the ROW user whose facility that
was damaged may perform the work necessary to repair their facility
without obtaining a permit if no further excavation is needed.
(c)
Cleanup of ROW due to hit utility is the responsibility of the original
permit holder.
(d)
The original permit holder for an excavation is responsible for meeting
all the requirements of this article, including backfilling and paving
repairs, for all extended excavation attached to the original excavation.
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(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
Any persons conducting any activity within the city’s ROW is required to apply for a permit prior to work commencing, unless said work is an emergency as authorized by section 37.01.011 of this article.
(b)
Notwithstanding the requirements of subsection (a), no permit shall be required for the installation and connections necessary to initiate service to a customer’s property or routine repair and maintenance of existing facilities that will interfere with traffic for less than one hour or excavate less than sixteen (16) inches in depth, unless such activity requires the breaking of pavement, boring, or excavating with equipment greater than hand tools or a vibrating plow designed to install lines up to a three-inch diameter.
(c)
Utility construction in a city-dedicated easement shall require a
ROW utility construction permit.
(Ordinance 2021-O0171 adopted 12/14/2021)
The city engineer may issue a “bulk permit” for
routine maintenance or repair of existing and/or new service line(s)
or utility work in the ROW for excavations that are repetitive in
nature within a continued section of ROW and not one continuous excavation.
Updates shall be given to the city on a daily, weekly, or other schedule
as requested by the city engineer.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
A permit issued under this article is personal to the permitted person,
contractor, or ROW user and may not be transferred to another person,
contractor, or ROW user or used by other persons, contractors, or
ROW users to perform the excavation authorized in the permit.
(b)
The permit does not grant access rights to private property. Any
access needed by the permit holder to private property will require
permission and/or coordination of any construction activities with
the developer or property owner.
(c)
In the event of a joint trench with multiple utilities, the contractor
excavating the trench will be responsible for securing the permit.
(d)
Excavations done in the ROW or in any manner pursuant to a street,
alley, or other right-of-way use license with a private citizen or
landowner shall require a ROW permit and be subject to all the rules
and guidelines of this article.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
The applicant for permit shall furnish a certificate of insurance
evidencing general liability provided by an insurance company that
carries an AM Best Rating A or better. The company, or companies,
must be authorized to do business in this state, or evidence of self-insurance
satisfactory to the city evidencing that the city is adequately protected
from any liability or damages resulting by virtue of applicant’s
construction. The certificate of insurance shall be filed with each
application for a permit. The general liability required herein shall
have a minimum limit of one million dollars ($1,000,000.00) per occurrence
and a two million ($2,000,000.00) general aggregate limit. The general
liability will also extend additional insured status to the city.
(b)
By acceptance of a permit, the applicant agrees to indemnify and
hold harmless the city, its officers, agents, servants, and employees
from any and all claims, damages, suits, attorneys’ fees, causes
of action, and judgments which may result in any manner from the construction
or laying of any improvements upon any public street, alley, or ROW
in the city.
(c)
By acceptance of a ROW permit, the applicant agrees to, during the
period of construction and prior to the acceptance of such improvements
by the city, maintain such public street, alley, or ROW in a safe
condition and issue all necessary instructions, and take all precautions
as may be reasonably required, to maintain such public streets, alleys,
or ROW in a safe condition for all public use.
(d)
Permits for utility work performed by city crews within the public
ROW or on public property shall not require insurance.
(Ordinance 2021-O0171 adopted 12/14/2021)
Except for emergency excavations identified in section 37.01.011 of this article, no ROW user or contractor shall disturb the ROW without first securing a permit. Any individual performing construction in the ROW, without a valid permit who refuses to vacate the ROW after notification from the city could be subject to;
(1)
Civil penalty.
(2)
Removal of all equipment, material, vehicles, and traffic-control
devices at permit holder expense.
(3)
Payment of expenses to restore the ROW to original condition.
(4)
Denial of future permits.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
ROW users should consult the City of Lubbock Master Thoroughfare
Plan to ensure installation of facilities will not conflict with future
city roadway projects.
(b)
All newly constructed roadways shall have a five (5) year moratorium.
No excavation shall be allowed during moratorium without the city
engineer’s approval. Additional fees and requirements may apply
to permits issued in moratorium streets.
(c)
ROW users shall relocate any utility or facility within the ROW upon
written request by the city for the purpose of city infrastructure
improvements, within thirty (30) days of request, this shall be at
no cost to the city, unless the utility or facility is contained within
a dedicated easement.
(d)
Permit holder shall coordinate with city departments, to allow the
city to maintain city services to customers within the ROW affected
by construction throughout duration of the project. Failure to coordinate
as described herein may result in suspension or revocation of a validly
issued permit.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
A ROW permit must be obtained by the persons, contractor, or ROW
user performing the work. Applications for a ROW permit shall be made
on forms provided by the city and, if required by city engineer, be
accompanied by drawings, plans and specifications as necessary that
provide sufficient detail of work being performed. The city engineer
may require additional information.
(b)
All permit applications shall be accompanied with drawings of the
intended route and depth of construction.
(c)
Permit applicant shall have a valid one-call ticket under excavators
name and located within the permitted area.
(Ordinance 2021-O0171 adopted 12/14/2021)
A permit may be denied for any of the following reasons:
(1)
Failure to provide proof of liability insurance/bond acceptable to
the city, to the extent required herein.
(2)
The excavation would be in a new street and not otherwise permitted
by this article.
(3)
The proposed activity would violate a city ordinance, state or federal
statute.
(4)
The permit application contains false or misleading information.
(5)
The activity would cause a public health or safety hazard.
(6)
The ROW user is in violation of this article relative to work in
progress.
(7)
The ROW user or contractor applying for permit has a history of non-conformance
of ordinance and/or outstanding unresolved compliance issues.
(8)
Permit applicant has unpaid fees as described in this article.
(9)
The proposed activity would conflict with a permit previously approved
by the city.
(10)
ROW user has outstanding or unpaid claims with the city for infrastructure
damages.
(Ordinance 2021-O0171 adopted 12/14/2021)
A ROW user or other applicant that has been denied registration
or a permit may appeal denial upon written request as follows:
(1)
Appellant shall provide, within five (5) business days of denial
a written notice of appeal filed with the city engineer. The notice
must state the potential corrections for denial, alternatives available
and routes explored, hardship encountered, cost comparison of other
alternatives and a statement of any other significant factors. The
city engineer shall provide a written decision within five (5) business
days of receipt of the appeal. Failure to render a decision within
five (5) business days shall constitute an approval.
(2)
If a further denial is upheld, the appellant may thereafter file
a written notice of appeal to the permit and license appeal board
with the city secretary’s office within ten (10) business days
of receipt of the city engineer’s office written decision. The
city secretary shall notify the city engineer and the appellant of
the time and place of hearing of the appeal by the permit and license
appeal board of the city.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
The city engineer shall issue a permit under this section by the
following criteria. Once all of the registration and permit requirements
are met and assurance that the health, welfare, and safety of the
public will not be unreasonably impaired:
(b)
The city engineer may require more than ten (10) days for large projects
that require interdepartmental coordination.
(Ordinance 2021-O0171 adopted 12/14/2021)
The permit holder shall complete all construction activities
within established timelines of this article and permit to minimize
disruption of the public ROW and other public and private property.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
The city reserves its right, as provided herein, to revoke or suspend
any permit without refund of any fees, in the event of a breach by
the permit holder of the terms and/or conditions of the permit or
of this chapter or any city ordinance.
(b)
The city may revoke or suspend the registration and/or permit of
any ROW user with a history of violation of city ordinances, standards
and specifications, or egregious safety violations.
(c)
The city may revoke or suspend a registration and/or permit of any
ROW user if the ROW user fails to disclose damage to any utility.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
It shall be the ROW user or permit holder’s responsibility
to know whether they are working in a downtown or a historical district.
The ROW user or permit holder shall follow all codes, standard and
specifications adopted by such district.
(b)
A permit is required for installations in the downtown underground
duct system of the central business district.
(c)
Any brick streets identified in the Code of Ordinances, sections
40.03.3221, 36.07.011 [sic], 36.08.006 [sic] shall be repaired in
accordance to standards identified in said chapters.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
Any person, contractor, or ROW user must obtain a ROW permit from
the city engineer prior to beginning any work pursuant to a street,
alley, or other right-of-way use license. This includes but is not
limited to privately owned grease traps, sewer manholes, or cable
pull boxes.
(b)
Any structure installed in the ROW shall have an H-20 traffic rating
and shall be submitted to the city engineer’s ROW office for
approval.
(c)
Any excavation smaller than one (1) square foot or any excavation too small to backfill described in section 37.01.042(i) of this article shall be backfilled in its entirety using flowfill.
(d)
All grease trap excavations shall be backfilled in its entirety using
flowfill regardless of excavation size.
(e)
The city’s engineering department is not responsible for the
installation, connection or internal piping of grease traps.
(f)
All work schedules, notifications, and inspections shall be followed
as indicated in this article.
(Ordinance 2021-O0171 adopted 12/14/2021)
