(A)
Administration.
This chapter shall be known and cited as the right-of-way management
Ordinance for the city. The City Manager appoints the City Engineer,
or his/her designee, as the principal City official responsible for
the administration of the right-of-way, right-of-way permits, the
regulation of same and ordinances related thereto. The City Engineer
may delegate any or all of the duties hereunder. The City Engineer
shall have the duties, responsibilities and authority as specified
herein.
(B)
Construction.
This chapter shall be construed under and in accordance with
the laws of the state and the City Charter and Code of Ordinances
to the extent that such Charter and Code of Ordinances are not in
conflict with or in violation of the Constitution and laws of the
United States or the state. All obligations of the parties hereunder
are performable in the county.
(C)
Purpose.
This chapter provides principles and procedures for the placement
of structures and facilities, construction, excavation, encroachments,
and work activities within or upon any public right-of-way and to
protect the integrity of the road and City utility system. To achieve
these purposes, it is necessary to require permits of private users
of the public rights-of-way, except as prohibited by law, and to establish
permit procedures, rules, and regulations for work done within or
upon the public rights-of-way.
(D)
Objectives.
Public and private uses of public rights-of-way for location
of facilities employed in the provision of public services should,
in the interests of the general welfare, be accommodated; however,
the City must insure that the primary purpose of the rights-of-way,
safe passage of pedestrian and vehicular traffic, is maintained to
the greatest extent possible. In addition, the value of other public
and private installations, roadways, the City utility system, facilities
and properties should be protected, competing uses must be reconciled,
and the public safety preserved. The use of the public right-of-way
by persons, agencies, network providers, and public infrastructure
contractor(s) is secondary to these public objectives and the movement
of traffic. This chapter is intended to strike a balance between the
public need for efficient, safe transportation routes and the use
of public rights-of-way for location of facilities by public and private
entities. The chapter thus has several objectives:
(1)
To
insure the public safety is maintained and that public inconvenience
is minimized.
(2)
To
protect the City’s infrastructure investment by establishing
repair standards for the pavement, facilities, and property in the
public rights-of-way when work is accomplished.
(3)
To
facilitate work within the public rights-of-way through the standardization
of regulations.
(4)
To
maintain an efficient and applicable permitting process.
(5)
To
conserve and fairly apportion the limited physical capacity of the
public rights-of-way held in public trust by the City.
(6)
To
preserve the substantial effort on the part of the City to enhance
the aesthetic appearance of the public right-of-way.
(7)
To
establish a public policy for enabling the City to discharge its public
trust consistent with the rapidly evolving federal and state regulatory
policies, industry competition and technological development.
(8)
To
promote cooperation among the agencies, network providers, and public
infrastructure contractors (as defined herein) and the City in the
occupation of the public rights-of-way, and work therein, in order
to: (a) eliminate duplication that is wasteful, unnecessary or unsightly;
(b) lower the agencies, network provider’s, public infrastructure
contractors’, if possible, and the City’s costs of providing
services to the public; and (c) preserve the physical integrity of
the streets and highways by minimizing street cuts.
(9)
To
assure that the City can continue to fairly and responsibly protect
the public health, safety and welfare.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Authority.
This Chapter applies to all utility companies, persons or entities
that are authorized by law or agreement with the city to place facilities
in, on, under or over public rights-of-way, to the extent the application
is authorized by state and federal law. Compensation for use of the
public rights-of-way shall be paid in accordance with all applicable
law, including but not limited to cable providers, in accordance with
the Federal Cable Act, 47 USC 5241 et seq. and Texas Utilities Code,
Chapter 66; for certificated telecommunication providers and network
providers, Texas Local Government Code Chapters 283 and 284, respectively;
for distributors of natural gas and electricity or as otherwise applicable,
Texas Tax Code § 182.025 and Texas Utilities Code § 33.008;
and in accordance with Texas Local Government Code Chapters 26 and
141, all as applicable and as amended.
(B)
Applicability.
A Person shall submit an application for a right-of-way permit to perform work within the public rights-of-way in accordance with this Chapter, the City’s Engineering Design Manual (EDM), and the Unified Development Code (UDC) Appendix A, as applicable. Except as provided by Section 96.15 below, a person must obtain a right-of-way permit prior to:
(1)
Commencing
any work within the public right-of-way or public easement; or
(2)
Removing
a tree within public right-of-way.
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This Chapter also applies to any person or legal entity conducting
work within the public right-of-way, which may be associated with
another development permit such as a Site Development Permit or Public
Infrastructure Construction Plan. Depending on the scope of work within
the public right-of-way, the City may reclassify the work to be performed
as a Public Infrastructure Construction Plan while still abiding by
the provisions of this Chapter.
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(Ordinance 1446-0-07-14, passed 7-14-20)
The following definitions apply in this chapter except as otherwise
specifically noted. The words, terms and phrases, abbreviations and
their derivations shall have the meaning ascribed to them except where
the context clearly indicates a different meaning. When not inconsistent
with the context words used in the present tense include the future;
words in plural number include the singular number, and words in the
singular include the plural. The word “shall” is mandatory
and not merely permissive.
Facilities no longer in service or physically disconnected
from the operating facilities, or from any other facilities, or from
any other facilities that are in use or that still carry service.
The fee charged by the City to recover its costs incurred
for right-of-way management; including, but not limited to, costs
associated with registering applicants; issuing, processing, and verifying
right-of-way permit applications; inspecting job sites and restoration
improvements; determining the adequacy of the right-of-way restoration;
revoking right-of-way permits and other costs the City may incur in
implementing the provisions of this chapter.
A utility company or their agents, contractors or subcontractors,
and any person as defined below or its agent, contractor or subcontractor
that submits a right-of-way permit application to secure authorization
to conduct work within the public right-of-way.
That area around a utility excavation where the pavement
and sub-grade is impacted by the excavation and is subject to more
rapid deterioration due to the trench excavation.
The following:
Any day of the week, not including Saturday, Sunday or holiday
observed by the city.
The same as the term is defined in Texas Local Government
Code § 283.002(2).
The municipal governing body of the City of Pflugerville,
Texas.
The person appointed by the Administrator to perform general
engineering functions for the City, or the duly authorized representative
of such Person.
The City Engineer, Assistant City Engineer, or Public Works
City Engineer as appointed.
All buildings, infrastructure, bridges, parks, golf courses,
parking lots and other real property owned by the city that is not
for utility or street transportation purposes.
Consolidating backfill material in a trench to prevent future
settlement.
Boring, the breaking of pavement, or the installation, modification,
upgrade, maintenance, removal, or similar activities, within the right-of-way.
The definition includes, but is not limited to, providing primary
service, restoration, or maintenance of existing facilities within
the right-of-way.
Any public or private person, subcontractor or organization,
other than the City.
Business day unless otherwise specified.
The City Engineering department or Development Engineering
or Public Works Department and development services or a successor
department that is responsible for management of the right-of-way
and roadway infrastructure.
A customer service interruption or a condition that threatens
imminent harm to persons or property or to the public health and safety.
As those operations and repairs necessary to prevent damage
or injury to the health or safety of the public or any person and
the work necessary to address or prevent an immediate service interruption.
Upgrading of facilities, new service installation and neighborhood
improvement projects are not emergency operations.
The design and construction standards that have been adopted
by the City Council as part of the city’s Unified Development
Code, as amended.
Any activity that removes or otherwise disturbs soil, pavement,
driveways, curbs, or sidewalks in the right-of-way and does not include
landscaping activity unless the activity removes or disturbs the paved
portion of the right-of-way.
Any and all of the wires, cables, fibers, duct spaces, manholes,
poles, conduits, pipes, underground and overhead passageways and other
equipment, structures, plants and appurtenances and all associated
physical equipment placed in, on, over or under the public rights-of-way.
The Federal Communications Commission.
The Mayor and the City Council of the City of Pflugerville,
Texas.
Any county, City, school district, library district, road
district, drainage or sewer district, water district, fire district
or other municipal corporation, quasi-municipal corporation or political
subdivision of the state or of any other state of the United States
and any agency or instrumentality of the state or of any other state
of the United States.
Days in which City offices are closed in observance of a
holiday.
Shall refer to lines other than service connections used
to convey the right-of-way user’s product.
Streets containing Portland cement, asphalt, brick or other
rigid or semi-rigid material that covers the surface of a street and
their underlying subgrade and base.
A permit issued under this chapter authorizing excavation
in the right-of-way.
Any person or right-of-way user to whom a permit is issued
to excavate a right-of-way.
Any trench with a centerline that when projected toward the
centerline of the street, the two lines intersect at an angle of 90
degrees.
A natural person (an individual), cooperative association
or corporation, company, association, partnership, firm, Limited Liability
Company, joint venture, or association, partnership, corporation whether
or not organized for profit, governmental entity, other legally recognized
entity and specifically includes the contractor and subcontractor
performing work for a public utility.
Grass, trees, shrubs, flowers, vines, and other ground cover.
The same as defined in Texas Local Government Code §283.002(6):
the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, waterway, or easement in which the city has an interest.
The term does not include the airwaves above a public rights-of-way
with regard to wireless telecommunications. The term does not include
city property and rights-of-way owned by the state or agency thereof.
The Public Utility Commission of Texas
The annual application process of the right-of-way user to
use any portion of the right-of-way.
The temporary or permanent construction work necessary to
make the right-of-way useable.
That area around excavation where the pavement and subgrade
is impacted by an excavation
The process by which an excavated right-of-way and surrounding
area, including, but not limited to, pavement and foundation structures,
sidewalk, ground cover, landscaping, and monuments are returned to
the same condition, or better than that which existed before the commencement
of the work.
Any repaving, overlay, seal or reconstruction which creates
a new pavement surface over the entire width of the street, excluding
crack seals and localized base and pavement repairs.
A permit issued by the city in accordance with this Chapter
and other applicable law authorizing a utility company or other person
to complete work within public rights-of-way and/or use or occupy
the public rights-of-way for facility purposes.
A work activity that makes no material change to the facilities
and does not disrupt traffic.
A commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the right-of-way,
including, but not limited to, gas, telephone, cable television, Internet
services, open video systems, alarm systems, steam, electric, water,
telegraph, data transmission, petroleum pipelines, or sanitary sewage.
The line that serves no more than two individual customers
or two meter banks.
The paved portion of the right-of-way, whether fee or easement,
that has been constructed, reconstructed, or resurfaced with concrete
or asphalt or some other surface.
Any sign, post or other marker, which rises above the surface
of the ground to show the location of an underground utility.
All roadways and streets classified on the City’s Master
Transportation Plan, including but not limited to as a toll road,
principle arterial, minor arterial, major collector, minor collector
and local.
The Texas Manual on Uniform Traffic-control Devices, as it
exists or may be amended.
Any excavation deeper than 12 inches. This shall include
linear trenches, holes, pits and etc.
Any person or entity that owns or operates facilities, not
an agent or representative of the city, who installs, constructs,
or maintains facilities in the corporate limits of the city to provide
electric, gas, water, sewer, telecommunication or wireless service,
or cable television service to members of the public, whether residing
in or out of the corporate limits, including the utility company’s
contractors and sub-contractors or their sub-contractors performing
work on behalf or for the benefit of the utility company.
Digging, excavating, tunneling, or boring in or under any
public right-of-way, or cutting or breaking the paved surface in any
public right-of-way, in connection with the construction, repair,
or maintenance of utility facilities; provided that work directly
and specifically required for the construction, repair, or maintenance
of overhead utilities and service line connections to individual customers
is not included in this definition unless said maintenance will obstruct
a traffic lane or pedestrian sidewalk/path.
(Ordinance 1446-0-07-14, passed 7-14-20)
A person’s, utility’s, right-of-way user’s,
network provider’s, or public infrastructure contractor’s
rights hereunder are subject to the police power of the City which
includes the power to adopt and enforce ordinances, including amendments
to this chapter, necessary for the safety, health, and welfare of
the public. Agencies, network providers, and public infrastructure
contractors shall comply with all applicable laws and ordinances enacted,
or hereafter enacted, by the City or any other legally constituted
governmental unit having lawful jurisdiction over the subject matter
hereof. The City reserves the right to exercise its police powers,
notwithstanding anything in this chapter or a permit to the contrary.
Any conflict between the provisions of this chapter or a permit and
any other present or future lawful exercise of the City’s police
powers shall be resolved in favor of the latter.
(Ordinance 1446-0-07-14, passed 7-14-20)
Any utility company or person with a current and unexpired consent,
franchise, agreement or other authorization from the city to use the
public rights-of-way that is in effect at the time this Chapter is
adopted shall continue to operate under and comply with that agreement,
to the extent that the agreement conflicts with a provision of this
Chapter, until the agreement expires or until it is terminated by
mutual agreement of the city and the utility company, or is terminated
as otherwise provided for in law, provided that a utility company
or person shall be required to comply with any non-conflicting provision
provided in this Chapter.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Utility
coordinator.
Each utility and right-of-way user shall
name a utility coordinator who shall be the representative and point
of contact for all communications from the City and who shall meet
with the City Engineer or designee when so requested.
(C)
Field
standards.
(1)
The
right-of-way user shall make a request for a utility locate in compliance
with the Underground Facility Damage Prevention and Safety Act.
(2)
Markers,
stakes, poles, barricades or other devices shall be used in such a
way to avoid damage to adjoining property. The use of “non-washable”
markers is prohibited.
(3)
Compliance
with the Texas Utilities Code, as amended, is required at all times.
(4)
All
barricades, plates, cones, traffic directional equipment and all other
traffic-control devices owned, leased or used by the right-of-way
user and used on or near any excavation shall be clearly and visibly
marked with the name of the permittee and/or right-of-way user or
subcontractor, as applicable, at all times such equipment is used
on or near the right-of-way. An exception to the marking requirement
may be made in the sole discretion of the City Engineer in the event
the traffic-control equipment is not owned by the permittee or right-of-way
user.
(D)
Excavation
standards.
When conducting street and sidewalk excavations,
the following industry standards shall apply:
(1)
The
plans by a permittee under this chapter for all trenches whose depth
will equal or will exceed five feet shall include detailed plans and
specifications showing a trench safety system which meets occupational
safety and health administration standards.
(2)
The
permittee and a registered professional engineer shall certify that
the trench safety system set forth on the submitted plan meets and
complies with all occupational safety and health administration standards.
(3)
The
permittee and the engineer shall indemnify and hold the City harmless
from any damages or injuries resulting from a failure of the plan
or its implementation to meet occupational safety and health administration
standards.
(4)
It
shall be unlawful for the permittee under this chapter to suffer or
permit to remain unguarded at the place of excavation or opening any
machinery, equipment or other device having the characteristics of
an attractive nuisance likely to attract children and be hazardous
to their safety or health.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Maps.
All utility companies and other applicants who have existing
facilities in the public rights-of-way as of the adoption date of
the Ordinance from which this Chapter is derived shall provide the
City an accurate map of their service area as a system map of their
facilities to the City in a commercially available digital format,
accessible by nonproprietary software within 30 days of the adoption
of this Chapter, (as allowed by law or any federal rules or regulations)
unless the utility company or other applicant demonstrates a significant
economic hardship in providing such system map in the above format,
in which case the applicant shall provide its best available data
in a physical format acceptable to the City. An updated system map
shall be provided to the City on an annual basis thereafter, which
will include all new facilities completed over the prior year. Coordination
with the City GIS Department will be required on the type of format
needed to upload into the City GIS maps (as allowed by law or any
federal rules or regulations).
(1)
The
map shall be in electronic format overlaid over the Travis County
and City of Pflugerville digital map, as applicable.
(2)
In
dual coverage areas, the City may request additional information to
enable identification of right-of-way users.
(3)
If
available, the City’s road network may be provided in digital
format upon request. The right-of-way user is encouraged to maintain
their system maps geo-referenced to the City’s geodetic network.
(4)
The
map should include true bearings and distances to the nearest established
street lines and official monuments, which shall be accurately described
on the map.
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The right-of-way user will provide the City with digital information
within a maximum of 90 days of a request for maps from the City for
any user with less than 50 miles of utilities within the City. All
other right-of-way users shall provide the digital information within
one year of the request or as agreed by both parties. Thereafter,
the data is to be provided to the City on an annual basis by January
1st.
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(B)
Records
of registrants.
If the maps and records submitted in
response to any request by or requirement of the City include information
expressly designated by the right-of-way user as a trade secret or
other confidential information protected from disclosure by state
law, the City and its agents, employees, or other representatives
may not disclose that information to the public without the consent
of the right-of-way user, unless otherwise compelled by an opinion
of the attorney general pursuant to the Texas Public Information Act,
as amended, or by a court having jurisdiction of the matter pursuant
to applicable law. This subsection may not be construed to authorize
a right-of-way user to designate all matters in its maps and records
as confidential or as trade secrets.
(Ordinance 1446-0-07-14, passed 7-14-20)
Notice for purposes of this chapter shall be made to the City
via electronic message (e-mail), overnight courier (generally used
carrier with tracing available) or hand delivery with signed receipt,
or United States mail return receipt required.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Permit
required.
Nothing in this section relieves a right-of-way
user and/or utility from obtaining a permit under this chapter to
perform work, including construction, in the right-of-way.
(B)
Registration.
In order to protect the public health, safety, and welfare,
a utility or right-of-way user maintaining or operating existing facilities
in the right-of-way must register with the City Engineer in accordance
with the following requirements:
(1)
The
registration must be on a form furnished by the City Engineer and
made in the name of the utility or right-of-way user that owns the
facilities.
(2)
Shall
register with the City by January 31st of each successive year after
the first registration occurs. If the utility or right-of-way user
fails to renew registration by that date, the City will send by certified
mail a notice of noncompliance to the address listed on the registration.
(3)
Each
utility company shall update and keep its registration current with
the city at all times and shall inform the City of any changes no
more than thirty (30) days after the date the change is made. For
a utility company with a franchise agreement with the city, the franchise
will constitute registration under this provision. Failure to maintain
registration with the city shall be evidence of a utility company’s
intent to abandon its facilities, which may lead to removal by the
city at the utility company’s sole expense.
(4)
The
utility or right-of-way user shall also include the following registration:
(a)
The name of the utility or right-of-way user using the right-of-way,
including any business name, assumed name, or trade name the entity
operates under or has operated under in the City within the past five
years.
(b)
If the utility is a Certified Telecommunication Provider (CTP), the
certificate number issued by the Texas Public Utility Commission.
(c)
The ordinance number of any franchise or license issued by the City
that authorizes the utility or right-of-way user to use the right-of-way.
(d)
The names, addresses, email addresses and telephone numbers of at
least two persons who will be general, day-to-day contacts for the
utility or right-of-way user. At least one person must possess decision-making
authority for the utility company and at least one of the addresses
must be within the City area.
(e)
The name and mailing address of the officer or agent designated as
the person authorized to receive service of process on behalf of the
utility or right-of-way user.
(f)
The name, address and telephone number of any contractor or subcontractor,
who will be working in the right-of-way on behalf of the utility or
right-of-way user. This list may be amended as needed; however, no
work shall be performed in the right-of-way by a contractor or subcontractor
that is not on the list, regardless of whether a permit is required.
(g)
The names and telephone numbers of at least two persons serving as
emergency contacts who can be reached by telephone 24 hours a day,
seven days a week.
(h)
Proof of existing insurance that complies with this Chapter.
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Upon review and approval of City Engineer, the City will provide
the utility or right-of-way user a registration letter valid until
the end of the calendar year during which the registration was completed.
The utility or right-of-way user may make as many photocopies of the
registration letter as needed. The utility or right-of-way user is
responsible for ensuring that all contractors, listed in accordance
with subsection (b)(4)(f) above have a copy of the registration letter
on site when work is being conducted under the provisions of the registration
letter.
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It is unlawful for any person, its agents, servants or employees
to perform construction in the right-of-way without first having made
either application and obtained a permit therefor and have in possession
a valid registration certificate.
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(Ordinance 1446-0-07-14, passed 7-14-20)
The right-of-way user is responsible for work zone safety including,
but not limited to, traffic control through the designated traffic-control
representative. The representative is responsible for compliance with
the TMUTCD and the traffic-control plan (if required) at all work
zone sites. The traffic-control representative shall ensure employees
on the job site have adequate training.
(Ordinance 1446-0-07-14, passed 7-14-20)
All right-of-way users shall, upon request, provide proof of
any necessary permit, license, certification, grant, registration,
franchise agreement or any other authorization required by any governmental
entity, including, but not limited to, the City, state, or federal
government, or railroad or pipeline company, including a description
of the right-of-way user’s intended use of the right-of-way,
information sufficient to determine whether the right-of-way user
is subject to franchising or licensing by the City, and information
to determine whether the right-of-way user has applied for and received
any certificate of authority required by the PUCT. The information
provided shall be sufficient enough to determine whether the right-of-way
user has applied for and received any permit or other approvals required
by the FCC. Right-of-way user shall provide all such other information
as may be reasonably required by the City to complete the registration
statement.
(Ordinance 1446-0-07-14, passed 7-14-20)
Where surface mounted markers are needed, curb mounted medallions
shall be used whenever possible.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
In the
exercise of governmental functions, the City has first priority over
all uses of the right-of-way. The City reserves the right to, among
other things, lay water, sewer, drainage, and other pipelines or cables
and conduits, and to do underground and overhead work, and attachments,
restructuring, or changes in street facilities in across, along, over,
or under a public street, alley or right-of-way occupied by an agency
or right-of-way user, and to change the curb, sidewalks, or the grade
of streets.
(B)
The
right-of-way user must relocate its facilities, at its own expense
and in accordance with this Chapter, prior to the start of construction
of a City project. Failure to comply with this provision shall subject
the right-of-way user to the enforcement provisions contained herein.
(C)
A permit
will be required when making facility adjustments in preparation for
City projects.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Right-of-Way
permit required.
It is unlawful for any person, its agents,
servants or employees to dig, plow, blast, make cuts, openings, bore,
tunnel, excavate, install structures or close lanes on a thoroughfare
without first having made application and obtained a permit thereof
or in compliance with the City Construction Specifications, promulgated
and amended by the City Engineer, except for as allowed by this section.
It is unlawful for any person, its agents, servants or employees to
make or cause to be made any excavation in or under the surface of
any right-of-way for the installation, repair or removal of any facilities,
or for any other purpose without first obtaining from the City Engineer
a permit in compliance with this chapter.
(1)
Before
issuing a permit, the City shall have been provided:
(a)
A written application for a permit shall be addressed to the City,
on a form furnished by the City, setting forth the name and residence
or business address of the applicant;
(b)
The location and approximate area of the excavation, including its
approximate length and width, and, if the excavation is in a street,
whether it is parallel or transverse to the direction of the travel
lanes;
(c)
The purpose of the excavation;
(d)
The application form shall include plans prepared in accordance with
City specifications;
(e)
Plans shall be drawn at a reasonable scale that legibly and accurately
show all existing improvements and proposed work;
(f)
All proposed work must be shown in heavy or bold type lines and fonts;
(g)
if proposed work is in phases or part of another overall drawing,
show all existing and future work in lighter or faded out lines and
fonts;
(h)
If right-of-way user cannot show distinctive line weights, the plans
shall clearly label the above information using text;
(i)
When required by the Texas Engineering Practice Act, as amended,
the plans must be sealed by a professional engineer licensed to practice
in the state;
(j)
Information provided stating the extent, dimensions, character and
purpose of the cut or excavation to be made;
(k)
The location, by street and number if possible, where the work is
to be done, and the time in which it is to be completed;
(l)
The application form shall be accompanied by maps of the existing
facilities in the area, to the extent available;
(m)
The location of the proposed facilities, methodology of construction,
and proposed start and completion dates;
(n)
When the work requires a road or lane closure includes excavating,
which will exceed five feet in depth, a traffic-control plan or trench
safety design shall be sealed by a licensed professional engineer
shall and accompany the application, unless otherwise provided by
law.
(2)
At
the time the permit is issued, the applicant shall pay a nonrefundable
permit application fee in an amount as provided for in this Chapter.
(3)
The
proposed location, depth and other characteristics of any facilities
for which the permit is issued shall be subject to approval of the
City Engineer, and all backfilling, compaction and pavement restoration
performed for any excavation shall comply with the requirements of
this chapter.
(4)
No
fee or requirement authorized or imposed pursuant to this chapter
shall be construed to affect or alter in any way any obligation of
public and/or private utilities with facilities installed in any right-of-way
to relocate the facilities, at no cost to the City, subject to state
law, if applicable, in the event that relocation is required by the
City to accommodate a proper governmental use of the right-of-way.
(5)
Combinations
of permits shall be permitted at the sole discretion of the City Engineer.
Fees shall be assessed based on the excavations permitted.
(6)
Subdivision
monuments, historical markers, and any other signs or structures with
foundations in the right-of-way, are subject to this chapter.
(7)
Irrigation
system installation requires a permit per existing City codes.
(B)
Submittal
requirements.
The Applicant shall furnish the city accurate and complete information relating to the excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of facilities or improvements in the public rights-of-way, as set forth herein and in the Engineering Design Manual (EDM). An application for a Right-of-Way Permit shall be filed with the City by the applicant in accordance with the provisions of this Chapter and the Unified Development Code (UDC) Appendix A, as applicable.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Exceptions
to required permit.
The City Engineer reserves the right
in his/her discretion to require a right-of-way permit on service
connections. Unless otherwise required by the City Engineer, service
connections do not require a right-of-way permit if all of the following
conditions are met:
(1)
The
service connection excavation shall not exceed four feet inside the
right-of-way to property line;
(2)
All
excavation shall be in accordance with service connection drawings;
(3)
The
address for the service connection is on the City provided form, which
is submitted to the City Engineer via e-mail. Work shall not begin
until the electronic form is transmitted to the City Engineer;
(4)
The
excavation required is less than 12 inches in depth;
(5)
The
excavation is no wider than two inches or is hand dug;
(6)
The
service connection does not require boring.
(7)
The
proposed work is to be performed in accordance with an approved site
plan or construction plan.
(8)
The
proposed work will be performed as part of the construction of a new
subdivision if the construction:
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Included on the subdivision’s approved street and drainage
construction plans, and
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Occurs at the time that construction of the street and drainage
systems occurs, prior to City acceptance of public infrastructure;
or
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In accordance with TLGC 284.157 for network providers. See Section 96.40.
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(9)
The
installation of facilities necessary to provide primary or regular
service to a customer’s property or performing routine repair
or maintenance of existing facilities, unless otherwise specified
herein, shall provide a permit if the utility company’s activities
require:
(a)
The breaking of the asphalt, concrete, bare ground or similar surface
of the public rights-of-way;
(b)
The installation of a pole within the public rights-of-way;
(c)
The installation of an appurtenance extending to or above the surface
of the public rights-of-way;
(d)
Work that will interfere with a public open travel lane;
(e)
Work that will interfere with a public pedestrian route; or
(f)
Boring within the public rights-of-way.
(B)
Emergency
work.
In the event a utility company does work as an
emergency, it shall, as soon as practicable, notify the City of the
work, and make an application for such work. If such emergency repair
or maintenance requires breaking of the asphalt, concrete or similar
surface of the public rights-of-way, the utility company performing
such work shall notify the City immediately and submit an application
for such work (or if after hours, notify the City Police). Any utility
company performing emergency repair or maintenance in the public rights-of-way
that does not require the breaking of the asphalt, concrete or similar
surface of the rights-of-way shall provide the City with notice of
any work performed by the next business day from the commencement
of such work. By the following business day, a utility company shall
provide the City with a written, reasonably detailed description of
emergency repair or maintenance work performed in the public rights-of-way
and an updated map of any facilities that were relocated. In addition,
the utility company shall comply with the requirements of this Chapter
for the restoration, replacement or repair of the public rights-of-way.
(C)
Permit
Non-transferable.
A person may not transfer or assign
a permit issued under this Chapter unless authorized in advance by
the city.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Permit
application.
(1)
A
permit shall only be valid for the area of the right-of-way specified
within the permit. No permittee may cause any work to be done outside
the area specified in the permit, except as provided herein. Any permittee
who determines that an area is greater than that which is specified
in the permit must apply for and receive a new right-of-way permit.
(2)
Fees
shall apply to all right-of-way users unless governed by an existing
agreement with the City. Applicants may apply jointly for permits
to excavate the right-of-way at the same time and place. Applicants
who apply jointly for a right-of-way permit may share in the payment
of the permit fee. Applicants must agree among themselves as to the
portion each shall pay. The City will recognize only one point of
contact.
(3)
Except
as otherwise provided by Division four (4) of this chapter, permits
will typically be issued or denied within ten (10) days of the City
receiving a complete application. Permits shall be valid for the dates
specified in the permit. The applicant may request but is not guaranteed
the permit be valid for such longer period as may be necessary in
the circumstances, in advance, as part of the application. The City
may approve or deny the application for such extended permit period.
No permittee may commence work before the permit start date and, except
as provided herein, no permittee may continue working after the end
date. If a permittee does not complete the work by the permit end
date, the permittee must apply for and may receive a new right-of-way
permit or a permit extension for additional time. This supplementary
application must be submitted to the City prior to the permit end
date.
(4)
The
application is not complete unless it contains all information required
by this Chapter, requested on the application form, and required by
any supplemental list of required documentation provided by the City
with the application form.
(5)
Applicants
are encouraged to request a pre-submission meeting for large projects.
(B)
Issuance
of permit.
(1)
Every
person making application for a permit in accordance with the provisions
of this chapter, and having complied with such provisions, shall be
entitled thereto, and, upon filing such application with the City
Engineer, it shall be his or her duty to issue the permit, when the
provisions of this chapter have been complied with.
(2)
Upon
receiving a written application for a permit and a plan prepared in
accordance with the City specifications, the Engineer’s designee
shall set forth all requirements, approve or disapprove the application,
sign and return it to applicant. Accepting only emergency excavations,
at least forty-eight (48) hours prior to the start of work, the applicant
shall notify the City Engineer the date the work will commence when
traffic-control devices are necessary on a thoroughfare.
(3)
No
permit shall be transferable. A permit shall expire unless the excavation
to be made pursuant thereto is commenced within the time stated therein
and the work diligently completed.
(4)
Each
permit shall state a time period for completion of all the work to
be done hereunder. The City Engineer may, in his/her sole discretion,
grant extensions of time.
(5)
No
person in violation of any requirement of this chapter shall be issued
an excavation permit, nor shall any contractor or agent apply for
or be issued a permit on the person’s behalf, until the outstanding
violation is/are corrected or a plan for correction is approved by
the City Engineer. The foregoing requirement is in addition to any
penalty or remedy for violation that may be imposed or sought by the
City at law or equity.
(6)
No
work shall be done under any permit issued under this chapter except
as stated in the permit. If the permit is allowed to expire, the right-of-way
user shall procure a new permit, paying the applicable fee, prior
to proceeding with any such work.
(Ordinance 1446-0-07-14, passed 7-14-20)
The right-of-way user and contractor (if used) shall be identified
with three feet by three feet information signs on all work requiring
a permit. The signs shall state the name and phone number of the right-of-way
user and contractor (if used). The signs shall be placed in the right-of-way
on each approach to the location where construction is occurring from
the time of the beginning of work in the right-of-way and shall continue
to be posted at the location during the entire time the work is occurring.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Permit
and identification required.
Any right-of-way user engaged
in making or backfilling any excavation in any right-of-way shall,
at all times while such work is in progress, keep at the job location
the permit, or a copy thereof, and shall provide of the same, when
requested by any authorized City employee. At all times while the
work is in progress, the right-of-way user shall also maintain, at
the job location, a sign, barricade or other device bearing the right-of-way
user’s name.
(B)
Protection
of property and interference.
The right-of-way user shall
be responsible for identifying both public and private utilities within
their work area. Those utilities shall be clearly marked prior to
any excavation. The right-of-way user shall protect from damage, utility
conduits, sewer conduits, water conduits, lawns, shrubbery, trees,
fences, structures, irrigation, sidewalks, streets, signs, street
lights, or other property at, near or encountered in its work. The
right-of-way user shall determine the boundary of the right-of-way.
All excavations and other construction in the streets shall
be conducted so as to interfere as little as practicable with the
use of right-of-way and with the use of private property, in accordance
with any lawful and reasonable direction given by or under the authority
of the governing body of the City pursuant to the policy and regulatory
powers of the City necessary to provide for public convenience. The
right-of-way user shall not trespass upon private property. The right-of-way
user shall determine the boundary between right-of-way and private
property and place stakes/markers indicating the boundary to remain
in place for the duration of the work.
All transmission and distribution structures, lines, equipment
and facilities erected by a right-of-way user within the City shall
be so located as to cause minimum interference with the proper use
of the right-of-way, and to cause minimum interference with the rights
and reasonable convenience of property owners who join any of said
streets. No pole may be placed in an area prohibited by another section
of this chapter or which interferes with the public’s unimpeded
use of the right-of-way.
(C)
City
installations or improvements.
The City reserves the
right to among others, lay, and allow to be laid, electricity, sewer,
gas, water and other pipe lines or cables and facilities, as well
as drainage pipes, and channels and streets, and to perform, and allow
to be performed, any underground and overhead installation or improvement
that may be deemed necessary or proper by the governing body of the
City, in, across, along, over or under any right-of-way or public
place occupied by a right-of-way user and to change any curb or sidewalk
or the grade of any street and to maintain all of the City’s
facilities. In allowing such work to be performed by others, the City
shall not be liable to a right-of-way user for any damage caused by
those persons or entities. Nothing herein shall relieve any third
party from responsibility for damages caused to a right-of-way user
by such third party.
(D)
Conform
facilities.
If the City requires a right-of-way user
to adapt or conform its facilities, or in any way or manner to alter,
relocate or change its property to enable any other corporation or
person, except the City, to use, or to use with greater convenience,
any right-of-way or public place, the right-of-way user shall not
be required to make any such changes until such other corporation
or person shall have undertaken, with solvent bond, to reimburse a
right-of-way user for any loss and expense which will be caused by,
or arise out of such removal, change, adaptation, alteration, conformance
or relocation of a right-of-way user’s facilities; provided,
however, that the City shall never be liable for such reimbursement.
(Ordinance 1446-0-07-14, passed 7-14-20)
All work shall be performed during normal business hours. No
work shall be performed on holidays. A right-of-way user may work
outside of the normal business hours’ subject to the approval
of the City Engineer and a notification no later than 72 hours prior
to which the work is to be performed.
(Ordinance 1446-0-07-14, passed 7-14-20)
(A)
Denial
of Permit.
A permit may be denied or suspended for any
of the following reasons:
(1)
Failure
to provide proof of a surety bond or liability insurance acceptable
to the City or notice of termination of the same.
(2)
Failure
to secure a contractor’s license or other required license.
(3)
Failure
to perform in accordance with the requirements of this chapter.
(4)
The
excavation would be in a street and not otherwise permitted by this
chapter.
(5)
The
proposed warning or other traffic-control procedures or equipment
do not comply with the requirements of the TMUTCD or the requirements
of the City Engineer.
(6)
The
proposed activity would violate any City Ordinance or state or federal
law, rule, regulation or statute.
(7)
The
permit application contains false or misleading information.
(8)
The
activity would cause a public health or safety hazard.
(9)
The
right-of-way user is not authorized within the City.
(10)
The right-of-way user is in violation of this chapter relative to
work in progress.
(11)
The right-of-way user has not compensated the City, unless the user
is not legally obligated to compensate the City by contract, by agreement
or by law, for using the public property; or the right-of-way user
has failed to timely make required payments.
(B)
Appeal.
A right-of-way user that: (i) has been denied registration;
(ii) has been denied a permit; (iii) has had a permit revoked; or
(iv) believes that fees imposed are invalid, may have the denial,
revocation, or fee imposition reviewed, upon written request as follows:
(1)
If
an applicant desires to appeal a decision, the applicant may file
a written notice of appeal with the City Engineer within five business
days of the date the decision was rendered. The notice must state
the 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 fifteen (15) business days. Failure to render a decision within
fifteen (15) business days shall constitute a denial.
(2)
If
a denial is given by the City Engineer, the appellant may thereafter
file a written notice of appeal to the City Manager within five business
days of receipt of the City Engineer’s written decision. The
City Manager shall provide a written decision within fifteen (15)
business days of receipt of an appeal in accordance with this section.
Failure to render a decision within fifteen (15) business days shall
constitute a denial.
(Ordinance 1446-0-07-14, passed 7-14-20)
