This article is enacted in order to provide clear guidance to
abutting landowners, residents, or businesses and their contractors
in regard to individual utility connections, driveway constructions
and related right-of-way construction that presents a lesser burden
on the right-of-way than utility construction.
(Ordinance 2025 adopted 8/28/17)
(a)
Permit required.
It shall be unlawful for any person
or any of their agents, contractor, servants or employees to cut,
remove, alter, construct, reconstruct or repair any street, alley,
sidewalk, curb, gutter or driveway approach in the Town without having
first obtained a permit from the Town as herein required or without
complying with the provisions of this article.
(b)
Compliance with additional sections of right-of-way management article.
If it is determined by the Town that the proposed scope of work
does not fit within the provisions of this article or that it is necessary
for the contractor or person performing the work to follow the requirements
of other sections of this article, the person performing the work
will comply with all such requirements.
(c)
Application; permittee’s assumption of responsibility for work.
(1)
By accepting an excavation permit, the permittee assumes complete
responsibility for all phases of the excavation and thereby accepts
responsibility for removal and replacement of unsatisfactory work.
(2)
Any application for a permit shall be made at the Town on forms furnished by the Town. The application for the permit must be made at least twenty-four (24) hours prior to beginning any work pursuant thereto, except in the case of an emergency as described in section 13.08.132 of this article, and the applicant shall furnish prior to issuance the following:
(A)
Surety bond as described in this section;
(B)
Certificate of insurance as described in this section;
(C)
Certificate of worker’s compensation as required by State law;
(D)
Evidence that a paving bond has been issued by the Town to the contractor
responsible for replacing the pavement removed during the course of
excavation;
(E)
A plan of the proposed work. When requested, the application shall
be accompanied by plans showing the extent of the proposed excavation
work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location
of the excavation work, and such other information as may be prescribed
by the Town.
(d)
Surety bond.
(1)
Before an excavation permit is issued by the Town, the applicant
shall deposit with the Town a surety bond in the amount of ten thousand
dollars ($10,000.00) payable to the Town and executed on the forms
provided by the Town.
(2)
The required surety bond must be:
(A)
With a good and sufficient surety;
(B)
By a surety company authorized to transact business in the State;
(C)
Conditioned upon the permittee’s compliance with this article
and to secure and hold the Town and officials harmless against any
and all claims, judgments or other costs arising from the excavation
or any work covered by the excavation permit or for which the Town,
the Town Council or any other Town officer may be made liable by reason
of any accident or injury to persons or property through the fault
of the permittee, either in not properly guarding the excavation or
for any other injury resulting from negligence of the permittee; further,
that the permittee assures the Town that the excavation shall be filled,
restored and placed in a good and safe condition, as near as possible
to its original condition and to the satisfaction of the Town, and
to maintain the property where excavation is made in as good condition
for a period of two (2) years after said excavation work shall have
been completed and accepted by the Town, usual wear and tear excepted.
(3)
Recovery on such bond for any injury or accident shall not exhaust
the bond, but it shall in its entirety cover any and all future accidents
or injuries during the term for which it is given. In the event of
any suit or claim against the Town by reason of negligence or default
of the permittee, upon the Town’s giving written notice to the
permittee and surety of such suit or claim, any final judgment against
the Town requiring it to pay for such damage, including its legal
fees and court costs, shall be conclusive upon the permittee and his
surety.
(e)
Insurance.
The permittee, prior to the issuance of the
excavation permit, shall furnish to the Town satisfactory evidence
in writing that the permittee has in force and will maintain in force
during the performance of the excavation work and the period of the
excavation permit public liability insurance of not less than one
hundred thousand dollars ($100,000.00) for any one (1) person and
three hundred thousand dollars ($300,000.00) for any one (1) accident
and property damage insurance of not less than fifty thousand dollars
($50,000.00), duly issued by an insurance company authorized to do
business in the State. However, if the Building Inspector determines
that the cost of the excavation to be performed by the permittee exceeds
fifty thousand dollars ($50,000.00), then the Town, at its discretion,
may require the permittee to maintain in force during the performance
of the excavation work and the period of the excavation permit public
insurance not less than one hundred thousand dollars ($100,000.00)
for any one (1) person and three hundred thousand dollars ($300,000.00)
for any one (1) accident and property damage insurance not less than
five hundred thousand dollars ($500,000.00), duly executed by an insurance
company authorized to do business in the State.
(f)
Fee.
The fee for the permit described in this section
shall be the amount shown on the Town’s current master fee resolution
for each pavement cut, excavation, bore or embankment. Public utility
companies which have a franchise with the Town to utilize streets,
alleys and easements of the Town shall be exempt from the requirement
to pay a fee.
(g)
Revocation.
(1)
In addition to the penalty provisions of section 1.01.009 of the Town Code, the Town, in its discretion, may revoke the permit issued hereunder upon the following grounds:
(A)
Failure of the permittee to diligently do work permitted after beginning
the excavation;
(B)
Violation of any terms or provisions of this article;
(C)
Giving false information upon the application;
(D)
Changing of persons responsible for the paving repair without first
notifying the Town Administrator and obtaining the necessary approval.
(2)
Whenever the permittee has failed to comply with provisions of this
article, the permittee shall be notified in writing of such violations.
In the event such violations are not corrected upon written notice
to the permittee and surety, the Town Administrator may revoke the
excavation permit without further notice.
(h)
Expiration.
A permit shall expire for work not started
within thirty (30) days or completed within sixty (60) days after
issuance, and a new permit shall be required before beginning or completing
the work. The request for an extension of a permit shall be made in
writing to the Town Administrator.
(Ordinance 2025 adopted 8/28/17)
All work requiring pavement excavations, closure of a traffic
lane, or routing of traffic shall follow all requirements of division
3 in regard to such work.
(Ordinance 2025 adopted 8/28/17)
(a)
Prior to beginning excavation, the permittee shall notify all affected
utility companies and have all underground utilities located. The
permittee shall not interfere with any existing utility without the
written consent of the utility company or the person owning the utility.
If it becomes necessary to remove an existing utility, this shall
be done by its owner. No utility owned by the Town shall be moved
to accommodate the permittee unless the cost of such work be borne
by the permittee. The cost of moving privately owned utilities shall
be similarly borne by the permittee unless other arrangements are
made with the utility company.
(b)
The permittee shall support and protect all water mains and lines,
sewer mains and connections, gas mains and services, electric conduit
or other utilities which may be in any way affected by the excavation
work and do everything necessary to support, sustain and protect them
during said work. Should any of said water mains and lines, sewer
mains and connections, gas mains and services, electric conduit or
other utilities be damaged, they shall be repaired by the agency or
person owning them, and the expense of such repairs shall be charged
to the permittee, and his or its bond shall be liable therefor. The
permittee shall inform itself as to the existence and location of
all underground utilities and protect the same against damage.
(Ordinance 2025 adopted 8/28/17)
(a)
The permittee shall at all times and at permittee’s own expense,
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
The permittee shall, at permittee’s own expense, shore up and
protect all buildings, walls, fences or other property likely to be
damaged during the progress of the excavation work and shall be responsible
for all damage to public or private property resulting from its failure
to properly protect and carry out said work.
(b)
The permittee shall not remove, even temporarily, any trees or shrubs
which exist on public property without having first notified and obtained
the consent of the Town Administrator. Whenever it may be necessary
for the permittee to trench through any park area, the sod shall be
carefully cut and rolled and replaced with live sod after ditches
have been backfilled as required in this article.
(Ordinance 2025 adopted 8/28/17)
(a)
The permittee shall prosecute with diligence and expedition all excavation
and paving replacement as is consistent with high-quality workmanship
and materials. Use of water pumps, high-strength concrete and similar
techniques is permitted, insofar as possible without sacrifice to
the quality of the work. Completion of the job, including replacement
of the pavement and cleanup, shall be accomplished within five (5)
working days after the right-of-way becomes impassable.
(b)
Permittee may only work on Saturday if specifically permitted to
do so. For every Saturday on which the contractor chooses to work,
one (1) day will be charged to the time permitted by this article.
Nothing in this article shall be construed as prohibiting the contractor
from working on Saturdays if he so desires. Extensions of time to
complete shall only be with the approval of the Town.
(Ordinance 2025 adopted 8/28/17)
The permittee shall protect the street, alley surface or easement,
drainage facilities, adjacent property and all existing improvements
from excavated materials, equipment operations and other construction
operations. Adequate provisions must be made to minimize inconvenience
for traffic and to adjacent property owners. The following construction
requirements shall be met by the permittee:
(1)
Limits of work.
Property and easement lines shall be
indicated on the plan of excavation submitted to the Town with the
application for the excavation permit, and it shall be the permittee’s
responsibility to confine excavation work within these limits and,
if necessary, secure written authorization from adjacent property
owners to utilize their property.
(2)
Protection of watercourses.
The permittee shall provide
for the flow of all watercourses, sewers or drains intercepted during
the excavation work and shall replace the same in as good condition
as it found them or shall make such provisions for them as the Town
may direct. The permittee shall not obstruct the gutter of any street
but shall use all proper measures to provide for the free passage
of surface water. The permittee shall make provision to remove all
surplus water, muck, silt, slickings or other runoff pumped from excavations
or resulting from sluicing or other operations and shall be responsible
for any damage resulting from its failure to so provide.
(3)
Inspection of work.
All work shall be subject to inspection
by the Town. The Town shall be notified by the permittee before starting
work, before starting backfill, prior to pouring concrete and upon
completion of work. The permittee shall not proceed with any further
work in each instance without authorization by the Town Administrator.
(4)
Noise, dust and debris.
The permittee shall conduct and carry out the excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the Town and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris. During the hours between 10:00 p.m. and 7:00 a.m., and all day on Sundays and holidays, the permittee shall not use, except with the express written permission of the Town or in case of an emergency as defined in section 13.08.132 any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
(5)
Preservation of monuments.
The permittee shall not disturb
any surface monuments or hubs found on the line of excavation work
until approved to do so by the Town.
(6)
Maintenance of drawings of underground structures.
Users
of all subsurface street, alley and easement space in the Town shall
maintain accurate drawings and plans showing the location and character
of all underground structures. Copies of such plans shall be furnished
to the Town as each revision is made.
(7)
Breaking through pavement.
Steel reinforcement bars
shall be preserved. Existing concrete base shall be removed and replaced
a minimum of one (1) foot beyond the trench width. The removal and
replacement of portions of existing concrete pavement shall require
breakout grooves to be sawed by the use of an appropriate power-driven
concrete saw, subject to the approval of the Town. Where designated
locations of breakout fall within (3) feet of tool joints, construction
joints or expansion joints, breakout shall be to the existing joint.
The grooves shall be cut perpendicular to the surface and shall be
sawed to a minimum depth of one and one-half (1-1/2) inches. The concrete
shall be sawn down to and around the existing reinforcing bars; the
bars shall be bent clear of the excavation but not removed from the
concrete.
(8)
Jacking, boring or tunneling.
Where encasement or carrier
pipe is required to be installed under public property by jacking,
boring or tunneling methods, the applicant must submit detailed plans
for prior approval by the Town. Except for public utilities, the plans
must be designed by and display the seal of a professional engineer
registered in the State.
(9)
Minimum size of cut.
On concrete pavement, no horizontal
dimension of any cut made for the purpose of installing water or sewer
services shall be less than three (3) feet.
(10)
Cleanup.
As the work progresses, all streets and alleys
shall be thoroughly cleaned of all rubbish, excess dirt, mud and other
debris. If necessary, the Town may require cleanup to be done by the
permittee on a daily basis. All cleanup operations shall be at the
expense of the permittee.
(11)
Care of excavated material.
All material excavated or
other materials stored next to trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such a manner
as not to endanger those working in the trench, pedestrians or users
of the streets, and so that as little inconvenience as possible is
caused to those using streets, alleys, easements and adjoining property.
Where the confines of the area being excavated are too narrow to permit
the piling of excavated material beside the trench, or other circumstances
should deem it necessary, the Town Administrator shall have the authority
to require that the permittee haul the excavated material to a storage
site and then rehaul it to the trench site at the time of backfilling.
It shall be the permittee’s responsibility to secure the necessary
permission and make all necessary arrangements for all required storage
and disposal sites within the Town.
(12)
Utility connections.
When the excavation is made by
the permittee for the purpose of connecting private sewer or water
lines to the Town mains, it shall be the responsibility of the permittee
to prepare the trench and expose the main to the satisfaction of the
Town. The request for an inspection shall be made for a time that
the permittee or his authorized agent will be on the jobsite. Upon
approval by the Town, the Town will normally make the connection within
twenty-four (24) hours, excluding weekends, holidays and emergency
repairs. Backfilling and concrete replacement shall be the responsibility
of the permittee.
(13)
Repairs.
Repairs are to be made as rapidly as is consistent
with high-quality workmanship and materials. Use of high-strength
concrete and similar techniques is encouraged, insofar as possible
without sacrifice of the quality of repair. All concrete replacement
procedures, including, but not limited to, backfilling, compaction,
reinforcement, inspections and concrete placement, are the responsibility
of the bonded concrete contractor.
(14)
Trench safety.
Any excavation which will exceed a depth
of five (5) feet shall meet all current OSHA safety standards and
any applicable Town ordinances.
(15)
Backfilling.
Backfill will be in accordance with the
permit requirements and Town standards.
(16)
Replacement of pavement.
The existing pavement shall be sawed in accordance with subsection (7) herein and removed to a line at least twelve (12) inches back from the firm banks of the trench. The backfill shall be brought up to the elevation of the existing subgrade and satisfactorily densified in accordance with subsection (15) herein. Reinforcement shall be no. 3 steel bars on twelve-inch centers, both directions. New reinforcement shall be tied to existing steel exposed during removal or shall be dowelled eight (8) inches into the existing concrete base. Reinforcing bars shall be lapped eighteen (18) inches on splices. The concrete pavement shall be replaced with 3500 psi concrete of not less than five (5) sacks of cement per cubic yard and match the finish and thickness of the existing pavement but not less than six (6) inches thick. Concrete shall be brush finished. The Town shall have the right to require testing to determine concrete strength, and such testing shall be at the expense of the bonded concrete contractor.
(17)
Concrete base.
The existing pavement shall be removed
and compacted in accordance with the above specifications, and the
concrete base shall be replaced in accordance with above specifications
to a line one and one-half (1-1/2) inches below the asphaltic concrete
surface of the street. Concrete shall cure for a minimum of four (4)
days before placing asphalt.
(18)
Asphalt.
Surface pavement shall consist of type D hot-mix
asphaltic concrete unless otherwise specified by the Town. Asphalt
shall be placed at a minimum temperature of two hundred fifty (250)
degrees and shall be immediately compacted and rolled to obtain maximum
density. The roller shall be a self-propelled, flat-wheel roller and
shall produce a uniform surface with no deviation in excess of one
quarter (1/4) inch per foot, as measured with a straight edge.
(Ordinance 2025 adopted 8/28/17)
Immediately upon completion of the work authorized, the permittee
shall remove from the work area all unused material, dirt, rock, debris
and loose concrete. The entire work area shall be thoroughly washed
down, broom cleaned and usable. Upon failure to do so within twenty-four
(24) hours after having been notified by the Town, said work may be
done by the Town and the cost thereof charged to the permittee, and
the permittee shall also be liable for the cost thereof under the
surety bond provided hereunder. Excavations in easements will be graded
to provide for drainage.
(Ordinance 2025 adopted 8/28/17)
If the permittee fails to restore all surfaces to their original
and proper condition upon the expiration of the time fixed by such
permit or shall otherwise have failed to complete the excavation work
covered by such permit, the Town reserves the right to do all work
necessary to restore surfaces and to complete the excavation work.
The permittee shall be liable for the actual cost thereof plus fifteen
(15) percent of such cost for general overhead and administrative
expenses. The Town shall have a cause of action against the permittee
for all fees, expenses and amounts paid out and due it for such work.
The Town shall also enforce its rights under the permittee’s
surety bond provided pursuant to this article.
(Ordinance 2025 adopted 8/28/17)
The provisions of this article shall not be applicable to excavation
work performed by the Town and its employees. Any contractor of the
Town, performing work for or in behalf of the Town necessitating openings
or excavations on public property, shall comply with this article
unless the Town, in writing, waives compliance with the requirements
of this article upon terms and conditions it deem necessary.
(Ordinance 2025 adopted 8/28/17)
It shall be unlawful for any person to injure, deface, or destroy
unlawfully, willfully or maliciously any pipes, cables or lines belonging
to the Town or public utilities, including, but not limited to, water,
sewer, gas, electric, telephone and cable television.
(Ordinance 2025 adopted 8/28/17)
Nothing in this article shall be construed to prevent emergency
excavation on public property when the same is necessary for the preservation
of life or property. However, no emergency repair shall be done without
immediately notifying the Town Administrator. If such emergency occurs
at night, or on weekends or holidays, such notification shall be directed
to the Town Department of Public Safety before work is done. Thereafter,
it shall be necessary to obtain a permit from the Town Administrator
on the earliest working day immediately following such emergency.
(Ordinance 2025 adopted 8/28/17)
