Division 4: Maintenance, Repair or Improvement of Existing Lines

§ 20.03.101 Permit required for work in right-of-way.

With the exception of emergency repairs, prior to the maintenance, repair and/or improvement of existing utility lines (which may include minor installation of new lines) that require pavement cuts, boring or excavation in the public right-of-way, a utility service provider must first obtain a utility maintenance permit in accordance with this article.

(b)

Emergency repairs may be performed prior to obtaining a utility maintenance permit. However, an application must be filed as soon as possible after the repair has begun.

(Ordinance 2001-07-16-1, sec. 1 (3.01), adopted 7/16/01)

§ 20.03.102 Validity of permit.

(a)

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this article or any other city ordinance. No permit purporting to give authority to violate or cancel the provisions of this article shall be valid except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this article or a variance or modification granted pursuant to this article.

(b)

The issuance of a permit based upon plans and specifications shall not prevent the city from thereafter requiring the correction of errors in said plans and specifications or from preventing operations being carried on thereunder when in violation of this article or of any other ordinance of the city.

(c)

The city may, in writing, suspend or cancel a permit issued under the provisions of this article whenever the permit is issued in error, or on the basis of incorrect information, or for violations of the provisions of this article or any other city ordinances.

(Ordinance 2001-07-16-1, sec. 1 (3.02), adopted 7/16/01)

§ 20.03.103 Permit application procedures.

(a)

Utility service providers shall be given an option of two (2) standards to apply to street repair work to be performed when cutting or altering a street. The type of warranty of work to be provided by the utility service provider will depend on the standard for which the utility opts in making street repairs.

(1)

The standards, criteria, and specifications set forth in the City of Austin Texas Standard Specifications, and as represented in exhibit A appended to this division, are hereby adopted as an alternate standard to be applied to street repair work performed pursuant to this article.

(2)

In the alternative, a utility service provider shall provide plans for street repair work that are sealed by a professional engineer and based on good engineering practices, and such repair work shall be performed in conformance with such plans.

(b)

A utility service provider seeking a utility maintenance permit (“the applicant”) must submit a complete utility maintenance permit application to the planning, development and code enforcement (PDCE) [building services] office in one of the forms as appended to Ordinance 2001-07-16-1 in exhibits B and C, as applicable.

(c)

Each utility service provider shall provide the city with a list of persons authorized to sign utility maintenance permit applications.

(d)

To be considered complete, an application must include all required documents and drawings, as specified on the application.

(e)

If the applicant chooses to follow the specifications described in subsection (A)(1) of this section for the proposed pavement repair, the applicant shall use and comply with the provisions of the utility maintenance permit application appended to Ordinance 2001-07-16-1 as exhibit B.

(f)

Contractors selected by the applicant to perform repairs based on city specifications shall only be responsible for providing flowable fill that meets City of Austin standards per mix designs available from the City of Lakeway. The applicant has no other obligations to meet City of Austin requirements for certifying and providing submittals, for materials used in mix, for strength of mix or for field strength tests.

(g)

If the applicant chooses not to follow the specifications described in subsection (A)(1) of this section for the proposed pavement repair, the applicant shall use and comply with the provisions of the utility maintenance permit application appended to Ordinance 2001-07-16-1 as exhibit C.

(h)

The city staff, which may include the code official, city engineer, or others requested by the city to perform such functions, shall review the application.

(i)

If the proposed work is in compliance with the rules and regulations of the city and if the application contains sufficient information, the code official shall approve the application and fax the approved application form to the applicant. The approved application form shall be signed by the code official, shall include the utility maintenance permit number and shall serve as the actual permit.

(j)

If the application is denied by the code official, the applicant may appeal the decision by providing the code official with a detailed justification of why the proposed work is necessary.

(Ordinance 2001-07-16-1, sec. 1 (3.03), adopted 7/16/01)

§ 20.03.104 Inspections.

(a)

If the utility service provider who has received a permit (“the permit recipient”) has chosen to follow the specifications described in section 20.03.103(a)(1) of this article for the proposed street repair, the permit recipient shall notify the city a minimum of one (1) hour before the repair is to be backfilled and when it is completed. A representative from the city shall inspect the work to ensure that city regulations and requirements have been met.

(b)

If the city representative determines that the work is not in compliance with this article, the code official shall notify the permit recipient as to the work needed for compliance.

(c)

If the permit recipient has chosen not to follow the specifications described in section 20.03.103(a)(1) of this article for the proposed street repair, inspections by a city representative are not required.

(Ordinance 2001-07-16-1, sec. 1 (3.04), adopted 7/16/01)

§ 20.03.105 Street cuts.

(a)

No street cuts shall be permitted except as allowed in subsection (b), below or unless emergency repairs are necessary or special permission has been granted by the code official due to special circumstances.

(b)

Micro-trenching street cuts shall be allowed for utility providers under the following conditions and with the approval of a permit and the code official:

(1)

Curb and gutter exist: Locate in the seam between the edge of pavement and the start of the gutter per the detail in exhibit A to Ordinance 2024-01-16-02.

(2)

Curb and gutter does not exist: Locate in the softscape outside the edge of the pavement, a minimum of 18 inches off the edge of pavement.

(3)

When the utility cannot locate in the softscape, the code official shall have the authority to allow them to locate in the middle of the travel lane, at least 4 feet from the edge of pavement.

(4)

Utility providers shall co-locate in the same micro-trench where possible.

(5)

The micro-trench alignment shall consist of runs parallel to the centerline of the street. Street crossings may be done provided the alignment is perpendicular to the street centerline.

(6)

The micro-trench width shall be a minimum of 0.5 inches and a maximum of 2.5 inches.

(c)

With the exception of cutting for emergency repairs, no street shall be open cut for any utility crossing unless special permission has been granted by the code official due to special circumstances.

(d)

All street repairs shall be completed as expeditiously as possible with a minimum of obstruction to city street traffic.

(e)

Special circumstances that may allow for a pavement cut as provided in subsections (a) through (c) of this section include but are not limited to:

(1)

If operating a boring machine would be impractical due to topographic constraints or physical obstacles.

(2)

If topographic constraints or physical obstacles would prevent utility installation in and along an unimproved city right-of-way.

(3)

If the creation of a bore pit would be detrimental to slope stability, the effectiveness of existing drainageways, or the aesthetic quality of city right-of-way.

(4)

If the creation of a bore pit would encroach onto private property.

(5)

If the pavement cut would be in a street section that is in poor condition and the pavement cut and repair would actually be beneficial to the quality of the roadway.

(6)

If the circumstances are an emergency. A permit must be obtained from the code official within two business days of the emergency repair.

(Ordinance 2022-01-18-03 adopted 1/18/22; Ordinance 2024-01-16-02 adopted 1/16/2024)

§ 20.03.106 Warranty for street repairs.

(a)

A utility service provider who has received a permit (“the permit recipient”) shall warrant pavement repairs made by the permit recipient as follows:

(1)

If the permit recipient has followed city specifications for pavement repairs, the warranty shall be for a period of two (2) years or until the city or another permit recipient reconstructs the street or overlays the repair.

(2)

If the permit recipient has not followed city specifications for pavement repairs, the warranty shall be for a period of five (5) years or until the city or another permit recipient reconstructs the street or overlays the repair.

(b)

If the pavement repair fails within the warranty period, the subsequent corrected repair shall be guaranteed in the same manner specified above.

(c)

The city shall notify a permit recipient that a permitted pavement repair has failed and that additional repairs are required if any of the following conditions are observed:

(1)

Unraveling that causes ponding of water at greater than one-eighth (1/8) inch in depth.

(2)

Cracking that allows penetration of water.

(3)

Development of a depression that allows ponding of water at greater than one-eighth (1/8) inch in depth.

(4)

Crowning more than one-fourth (1/4) inch in height.

(d)

Unless weather or other special circumstances interfere, a permit recipient shall make repairs within two (2) weeks of notification.

(e)

In accordance with subsection (c) above, if repairs are not made by the permit recipient within two (2) weeks of notification, the city may repair the street, and the permit recipient, by accepting the permit, agrees to pay the city’s cost of making the repair.

EXHIBIT A