Division 2 Administration, Registration, Permits

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.

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.

Cleanup of ROW due to hit utility is the responsibility of the original permit holder.

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.

(Ordinance 2021-O0171 adopted 12/14/2021)

§ 37.01.012 Permit required.

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.

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.

Utility construction in a city-dedicated easement shall require a ROW utility construction permit.

(Ordinance 2021-O0171 adopted 12/14/2021)

§ 37.01.013 Bulk permit.

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)

§ 37.01.014 Permit information.

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.

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.

In the event of a joint trench with multiple utilities, the contractor excavating the trench will be responsible for securing the permit.

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)

§ 37.01.015 Insurance.

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.

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.

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.

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)

§ 37.01.016 Work done without permit.

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;

Civil penalty.

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)

§ 37.01.017 Coordination with city.

ROW users should consult the City of Lubbock Master Thoroughfare Plan to ensure installation of facilities will not conflict with future city roadway projects.

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.

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.

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)

§ 37.01.018 Permit application.

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.

All permit applications shall be accompanied with drawings of the intended route and depth of construction.

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)

§ 37.01.019 Permit denial.

A permit may be denied for any of the following reasons:

Failure to provide proof of liability insurance/bond acceptable to the city, to the extent required herein.

§ 37.01.020 Appeal of registration or permit denial.

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:

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.

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)

§ 37.01.021 Issuance.

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:

Within five (5) business days for projects deemed small/medium.

Within ten (10) business days for projects deemed large.

§ 37.01.022 Completion of construction.

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)

§ 37.01.023 Revocation or suspension of registration and/or permit.

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.

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.

§ 37.01.024 Permits and construction in downtown or historical districts.

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)

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.

A permit is required for installations in the downtown underground duct system of the central business district.

§ 37.01.025 Work performed under street/alley use agreement.

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)

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.

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.

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.