(a) 
There is attached to Ordinance 95-0706 exhibit A, entitled “Standard Detail Pavement Cut for Utility Trench City of Buda.” The standards set forth in exhibit A are hereby adopted as minimum standards by the city for all cuts, excavations, and tunneling in or under any city street or other public way within the city. Every person or legal entity that desires to make any cuts, excavations, or tunneling of any street or other public way within the city shall comply with these minimum standards unless alternate plans and specifications are submitted to the city and approved by the city engineer and city council upon such terms and conditions as the city council or its engineer determines to be in the best interest of the city in order to protect and preserve public property.
(b) 
For any excavating that is deeper than five (5) feet from the level of the street, the applicant shall submit to the city a trench safety plan that conforms to the U.S. Department of Labor Occupational Safety and Health Administration regulations as set forth in subpart P, part 1926, Code of Federal Regulations, as they may be amended from time to time. The application shall adhere to the trench safety plan in the performance of the work for which the permit is issued.
(Ordinance 2017-08 adopted 8/29/17)
In addition to the requirements of exhibit A to Ordinance 95-0706, every person to whom a permit is issued under this article shall erect proper barricades at the site of the work covered by the permit to inform the public that the street or other public way is being excavated, and to prevent unobstructed passage therein, and to route traffic around the excavation with a minimum of interference. Warning signs shall be placed on such barricades, and all barricades shall be illuminated at night, and all lights shall be kept burning from sunset to sunrise. Barricades and signs shall conform to the then-current edition of the Manual on Uniform Traffic-Control Devices, issued by the state transportation commission.
(Ordinance 2017-08 adopted 8/29/17)
If, in the course of work performed under a permit issued under this article, it becomes necessary to obstruct the passage over a street completely, it shall be the duty of the permittee to inform the city clerk, the fire department, and the police department of such temporary closing prior to the closing.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
Streets, driveways or alleys affected by work under a permit issued under this article shall at all times be maintained in a condition which will provide ingress and egress to the residents living thereon. All driveways shall be usable between 5:00 p.m. and 8:00 a.m.
(Ordinance 2017-08 adopted 8/29/17)
This article shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any such responsibility or liability by reason of inspections authorized herein, or the issuance of any permit, or the approval of any excavation work.
(Ordinance 2017-08 adopted 8/29/17)
Immediately upon completion of work authorized by a permit under this article, the permittee shall remove all unused materials, dirt, and debris. He shall see that the worksite is broom-clean and usable by the public.
(Ordinance 2017-08 adopted 8/29/17)
The city shall have the right to inspect from time to time the work for which a permit has been issued, and upon completion of the work a final inspection will be done by the city or its representatives. All substandard work and materials will be corrected and replaced at the cost of the applicant.
(Ordinance 2017-08 adopted 8/29/17)
A certificate of completion shall be issued after completion of the work and inspection and approval by the city. The certificate of completion shall be issued only when the city is satisfied that the work has been performed in compliance with the permit. It shall not be deemed to be a certificate that the work or materials are free from defect.
(Ordinance 2017-08 adopted 8/29/17)
(a) 
It shall be unlawful for any person or legal entity other than the city to cut into, dig up, excavate, tunnel, undermine or in any manner break up the surface of any street or other public way in the city unless such person or legal entity shall first have obtained a permit therefor from the city clerk. No permit shall be issued until the fee set forth below has been paid to the city.
(b) 
In the event of any emergency in which a sewer main, conduit or other utility facility in or under any street bursts, breaks or otherwise is in such condition as to immediately endanger the property, lives, health or safety of any person, the person or legal entity owning or controlling such facilities shall be permitted to immediately go in without the permit required by this section and repair the break for the protection of the property, life, health and safety of individuals; provided, however, such person or legal entity owning or controlling such facility shall immediately apply for a permit not later than the end of the next succeeding business day during which the city clerk’s office is open for business, and shall not proceed with permanent repairs without first obtaining a permit as provided for in this article.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
An application for a permit required by section 18.04.060 shall contain the following information:
(1) 
The name, address and telephone number of the applicant;
(2) 
The name, address and telephone number of the party doing the work;
(3) 
The exact location on the street or other public way of the excavation or tunneling, and the proposed use of the public street or other public way during the period of construction;
(4) 
The nature and purpose of the work and the dimensions of the cut or break in the pavement or surface of the street or other public way;
(5) 
Estimated cost of the construction or alteration;
(6) 
The date of proposed commencement of the work;
(7) 
The date of proposed completion of the work;
(8) 
The type of surface and base, if known, of the street or other public way; and
(9) 
A set of plans showing in detail the work to be done if the work deviates substantially from the standard detail described in this article.
(Ordinance 2017-08 adopted 8/29/17)
(a) 
(1) 
Except as provided elsewhere in this article, and unless the city council, acting on advice of its professional consultants, determines that special conditions exist which would require a higher fee, no permit will be issued pursuant to this article until a fee as set forth in appendix A to this code is received by the city.
(2) 
Fee schedule.
Fees are as provided in appendix A to this code.
(b) 
If the only cut to be made is to a curb and gutter, the fee set forth in subsection (a)(2)(C) [sic] of this section shall be collected by the city. In that case, after the work has been completed and approved by the city, the city will refund to the applicant the fee that was paid less the direct expenses incurred by the city in inspecting and approving the work plus any amounts spent, if any, by the city in correcting defective work.
(Ordinance 2017-08 adopted 8/29/17)
When the completed application required in section 18.04.061 hereof and the fee required in section 18.04.062 shall have been accepted by the city council, the city clerk shall then issue a permit for the excavation or opening described in the application, and the applicant may then proceed with the work in the exact location described in his application, and in no other place. The permit shall be in a form approved by the city council and shall contain any special terms and conditions required by the city council.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
(a) 
In the event an applicant is granted a permit under this article, the city clerk shall issue a placard which shall be plainly written or printed in English, and reading substantially as follows:
Excavation Permit No _____________________
City of Buda, Texas
Place: _________________________________
Issued: ________________________________
(date)
Issued to: _____________________________
Address: _____________________________
Telephone No.: ________________________
Expires: ______________________________
(date)
Special Terms and Conditions:
___________________________________
251658240
___________________________________
251658240
__________________________________
251658240
(b) 
The applicant shall display the permit in a conspicuous place at the site of the work.
(c) 
It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit, or to alter or misrepresent the number of the permit, the date of issuance or the date of expiration thereof, or any other term, condition, or provision thereof. The penalty for violation of this subsection is punishable by a fine of not more than five hundred and no/100 dollars ($500.00). Each day that such violation continues shall be a separate offense.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)