For the purpose of this article, the following words shall be
defined herein below:
Any work performed above the surface, on the surface or beneath
the surface of a public right-of-way, including, but not limited to,
installing, servicing, repairing, upgrading, or modifying any facility(ies)
in, above or under the surface of the public rights-of-way, and restoring
the surface and subsurface of the public rights-of-way, subject to
the provisions of this code. “Construction” does not include
the installation of facilities necessary to initiate service to a
customer’s property, or the repair or maintenance of existing
facilities unless such installation, repair or maintenance requires
the breaking or cutting of pavement, excavation or boring within the
public rights-of-way boundaries.
Any of the following forms of security provided at the owner’s
option:
The permit that, pursuant to this article, must be obtained
before an owner may construct facilities in, on, above or under public
rights-of-way. A construction permit allows the holder to construct
facilities in that part of the public rights-of-way described in such
permit.
A condition that:
Shall include, but not be limited to, any and all cables,
pipelines, splice boxes, tracks, tunnels, utilities, vaults, and other
appurtenances or tangible things owned, leased, operated, or licensed
by an owner or owners, that are located or are proposed to be located
in, on, above or under the public rights-of-way.
The individual grant to use the public rights-of-way issued
by the town and accepted by the individual owners in accordance with
the ordinances of the town, a franchise agreement, a license, or under
operation of state law which provides a specific grant of authority
to use the public rights-of-way.
Equipment at a fixed location that enables wireless communications
between user equipment and a communication network.
A wireless service provider, or a person that does not provide
wireless services and that is not an electric utility but builds or
installs, on behalf of a wireless service provider, network nodes
or node support poles or any other structure that supports or is capable
of supporting a network node.
Any person who owns any facility or facilities that are or
are proposed to be installed, operated, maintained or repaired in,
on, above or under the rights-of-way. The term specifically includes
the owner’s contractor, subcontractor, agent or authorized representative.
A permit to perform construction in accordance with this
article.
Any natural individual or corporation, business association,
company, or other business entity including, but not limited to, a
partnership, a sole proprietorship, a political subdivision, a public
or private agency of any kind, a utility, a successor or assign of
any of the foregoing, or any other legal entity, but excluding the
town.
A person, including any certificated telecommunications utility
and excluding network providers, as defined herein, that delivers
telecommunications service within the town to person(s) by way of
a network and that places facilities in, on or over the public rights-of-way.
A provider does not include persons who are authorized by the town
to occupy the public rights-of-way in specifically approved routes
within the town, unless they also have a municipal consent under this
article. To the extent allowed by law, provider also means a person
that does not deliver telecommunications service within the town,
but who uses, constructs or maintains facilities or transmission media
within the public rights-of-way.
The area of land within the town that is acquired by, dedicated
to, or claimed by the town or the public in fee simple, by easement,
or by prescriptive right and that is expressly or impliedly accepted
or used in fact or by operation of law as a public roadway, highway,
street, sidewalk, alley, or utility easement. The term includes the
area on, below, and above the surface of the public rights-of-way.
The term applies regardless of whether the right-of-way is paved or
unpaved. The term does not include airwaves above the public rights-of-way
with regard to wireless telecommunications nor does the term include
any private property or private easement in, or, across or under which
an owner has allowed the town or another owner to install or maintain
any facilities.
The process by which public rights-of-way are returned to
a condition that is at least as good or better than the condition
that existed before construction.
The Town of Cross Roads, Texas, or its designated agent.
The Town of Cross Roads, Texas, and includes the mayor and
any town official designated by the town council or mayor to administer
the provisions of this article.
Each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
Any service, using licensed or unlicensed wireless spectrum,
including the use of wi-fi, whether at a fixed location or mobile,
provided to the public using a network node.
A person that provides wireless service to the public.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
Any person prior to constructing facilities in, on or over the public
rights-of-way, must first obtain separate municipal authorization.
(b)
This article does not constitute or create authority to place, reconstruct,
or alter facilities in, on or over the public rights-of-way nor to
engage in construction, excavation, encroachments, or work activity
within or upon any public rights-of-way, and said authority must be
obtained in accordance with the terms of this article.
(c)
Any person with a current, unexpired franchise, municipal authorization,
license or other authorization from the town or the state to use the
public right-of-way that is in effect at the time this article takes
effect shall continue to operate under and comply with that authorization,
and in the event this article conflicts with the terms of such municipal
authorization, the more restrictive provision shall apply unless otherwise
provided by the terms of the authorization. To the extent that the
provisions can be reconciled, both the franchise/grant and this article
shall be given effect; provided, however, that if the terms of an
authorization provide for the means of reconciling any conflict between
the terms of such authorization and the terms of this article, then
the provisions of the authorization shall control.
(Ordinance 2019-0218-02 adopted 2/18/19)
In order to protect the public health, safety and welfare, all
owners of facilities in the public rights-of-way will register with
the town. Registration and permits will be issued in the name of the
person who owns the facilities. Registration must be renewed on or
before January 31st of each year. For owners with a current municipal
authorization as of the effective date of this article, such municipal
authorization shall be evidence of renewal of registration. The town
shall provide written notification of this renewal requirement. If
a registration is not renewed, subject to 60 calendar days notification
to the owner, the facilities of the owner other than those facilities
installed, owned, operated or maintained by an owner under the terms
and conditions of a municipal authorization will be deemed to have
been abandoned. When any information provided for the registration
changes, the owner will inform the town of the change no more than
30 days after the date the change is made. Registration shall be done
on a form developed by the town and shall include but not be limited
to:
(1)
The name, address(es) and telephone number(s) of the owner;
(2)
The names, address(es) and telephone number(s) of the contact person(s)
for the owner;
(3)
The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the rights-of-way on behalf
of the owner. If the names of contractors and subcontractors are not
available at the time of permit application, they must be submitted
to the town prior to permit issuance. Pre-submittal of an approved
“annual contractor list” is also acceptable;
(4)
The name(s) and telephone number(s) of an emergency contact who shall
be available 24 hours a day;
(5)
The source of the owner’s municipal authorization (e.g., franchise,
state law, etc.). If the owner is a certificated telecommunications
provider, the certificate number issued by the Texas Public Utility
Commission must be provided;
(6)
The owner shall submit two-year projections of their plans for the
construction of facilities in the town at the time of registration
renewal;
(7)
Registration shall be a prerequisite to issuance of a construction
permit. Each owner shall update and keep current its registration
with the town at all times; and
(8)
The application shall also be signed by the contractor and/or owner.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
General.
(1)
No person shall perform any construction in, on, above or under the
public rights-of-way without first obtaining a construction permit.
Permit applications are required for construction of new, replacement
or upgrades of facilities in the rights-of-way whether aerial or underground.
(2)
An annual permit may be issued to owners for routine typical work
required for customer service. Submittal of notification information
in a form authorized by the town shall be required under the annual
permit. Such notification shall reference the annual permit and contain
the construction location, time of start and finish, and contractor
identification. An annual roster of approved contractors may also
be submitted for reference in annual permit construction notification.
(3)
No owner shall perform any construction in, on, above or under rights-of-way
within a floodplain without first obtaining a floodplain construction
permit, except as otherwise provided herein. Permit applications are
required for construction of new, replacement or upgrades of the facilities
within rights-of-way located in the floodplain whether aerial or underground.
Such floodplain construction permit shall be in addition to any right-of-way
construction permit.
(4)
Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however, the town shall be notified
in writing within two business days of any construction related to
an emergency response; including a reasonably detailed description
of the work performed in the rights-of-way. An updated map of any
facilities that were relocated, if applicable, shall be provided within
90 days.
(5)
All construction in the rights-of-way shall be in accordance with
the permit for the facilities provided, however, that any applicable
federal or state law requirements which govern the construction of
particular facilities shall control to the extent any terms or conditions
of a construction permit are inconsistent herewith. The town shall
be provided access to the work and to such further information as
he or she may reasonably require to ensure compliance with the permit.
(6)
Unless approved by the town or in case of emergency, the owner or
contractor shall not close any traffic lanes or otherwise impede rush
hour traffic on major thoroughfares during the morning or evening
rush hours on weekdays during the hours of 7:00 a.m. to 8:30 a.m.
or 4:00 p.m. to 6:30 p.m. Any closure of a traffic lane for more than
four hours during any nonpeak traffic period shall also require a
permit, unless waived by the town. All lane closures shall comply
with the most recent edition of the Texas Manual on Uniform Traffic-Control
Devices.
(7)
A copy of the permit and approved engineering plans shall be maintained
at the construction site and made available for inspection by the
town at all times when construction work is occurring.
(8)
All construction work authorized by permit must be completed in the
time specified in the construction permit. If the work cannot be completed
in the specified time periods, the owner may request an extension
of the time period from the town. The town will use best efforts to
approve or disapprove a request for permit as soon as possible. If
the request for the extension is made prior to the expiration of the
permit, work may continue while the request is pending.
(9)
No owner or contractor shall perform construction, excavation, or
work in an area larger or at a location different than that specified
in the permit or permit application. If, after construction, is commenced
under an approved permit, it becomes necessary to perform construction
in a larger or different area than originally requested under the
application, the owner or contractor shall notify the town immediately
and, within 48 hours, shall file a supplementary application for the
additional construction.
(10)
A copy of any permit or approval issued by federal or state authorities
for work in federal or state right-of-way located in the town shall
be provided, if requested by the town.
(b)
Permit application.
(1)
The permit shall state to whom it is issued, location of work, location
of facilities, dates and times work is to take place and any other
conditions set out by the town. Permit shall expire within 90 calendar
days after issuance if the owner fails to commence work pursuant to
the permit during that period in which event the owner will be required
to obtain another permit. A permit is nontransferable.
(2)
The permit will be in the name of the person who will own the facilities
to be constructed. The permit application must be completed and signed
by a representative of the owner of the facilities to be constructed.
(3)
Any person requesting a permit will provide the town with documentation
in the format specified by the town, at the time of permit submittal
describing and containing:
(A)
The proposed location and route of all facilities to be constructed
or installed and the owner’s plan for public rights-of-way construction.
(B)
Two sets of engineering plans, including plan and profile, which
will be on a reasonable scale, acceptable to the town, unless waived
by the town, shall be submitted. 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.
(C)
The location of all public rights-of-way and common utility easements
that owner plans to use, must be stated.
(D)
The existing utilities located in the public rights-of-way, including
town-owned utilities as may be known by owner, in relationship to
owner’s proposed route as known, shall be submitted.
(E)
Detail of what owner proposes to construct including typical: Size
of facilities; materials used, such as pipe size, number of ducts,
valves; etc., shall be shown.
(F)
The plans to remove and replace asphalt or concrete in streets in
accordance with the general construction specifications must be furnished.
(G)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, equipment, etc. including depth located in
the right-of-way must be furnished.
(H)
Typical details of manholes and/or handholes owner plans to use or
access must be stated.
(I)
Complete legend of drawings submitted by owner, which may be provided
by reference to previously submitted documents acceptable to the town
must be submitted.
(J)
The construction methods to be employed for the protection of existing
structures, fixtures, and facilities within or adjacent to the rights-of-way,
and the dates and times work will occur, all of which (methods, dates,
times, etc.) are subject to approval of the town.
(4)
A request for a permit must be submitted at least ten business days
before the proposed commencement of work identified in the request,
unless waived by the town.
(5)
Requests for permits will be approved or disapproved by the town
within a reasonable time after receiving all necessary information.
The town will use best efforts to approve or disapprove a request
for permit as expeditiously as possible. The town will consider all
information submitted by the applicant including a review of the availability
of space in the rights-of-way based on the applicant’s proposed
route and location. The town will provide written notification of
denial of a permit application.
(6)
The town or the owner can request a pre-construction meeting with
the construction contractor.
(7)
Applicants shall remit a nonrefundable permit fee in the amount set
forth in the town’s master fee schedule.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
All construction shall be in conformance with all town codes and
applicable local, state and federal laws at time of permit issuance,
the most recent editions of the North Central Texas Council of Governments
Public Works Construction Standards and the Texas Department of Transportation’s
Standard Specifications for Construction and Maintenance of Highways,
Streets and Bridges.
(b)
The town must be notified 24 hours in advance that construction is
ready to proceed by the owner. At the time of notification, the owner
will inform the town of the number (or other information) assigned
from the appropriate one-call notification center. “Notification
center” means the same as in chapter 251, Texas Utilities Code,
as amended. The name, address and phone numbers of the contractor
or subcontractor who will perform the actual construction, including
the name and telephone number of an individual with the contractor
who will be available at all times during construction. Such information
shall be required prior to the commencement of any work.
(c)
Public notification of work to be performed.
(1)
For any closure of a traffic lane or blocking of a sidewalk or alley
lasting six days or less, the permittee shall conspicuously mark its
vehicles with the permittee’s or contractor’s name and
telephone number.
(2)
For projects scheduled to last more than six calendar days a three
feet by three feet informational sign stating the identity of the
person doing the work, a local telephone number and owner’s
identity shall be placed at the location where construction is to
occur prior to the beginning of work in the public rights-of-way and
shall continue to be placed at the location during the entire time
the work is occurring. The informational sign will be posted on public
right-of-way 100 feet before the construction location commences,
unless other posting arrangements are approved or required by the
town.
(3)
When projects last more than two calendar days, the owner shall also
provide written notification to all adjacent property occupants prior
to the beginning of construction. Informational fliers shall include
identity of the person doing the work, a local telephone number, owner’s
identity, and proposed schedule.
(d)
Approved erosion control measures and advance warning signs, markers,
cones and barricades must be in place before construction begins.
Advance warning must comply with the Texas Manual on Uniform Traffic-Control
Devices.
(e)
Lane closures on major thoroughfares will be limited to one lane
between 9:00 a.m. and 4:00 p.m. unless the town grants prior approval
or in case of emergency. Arrow boards will be required for lane closures
on all arterials and collectors, with all barricades, advanced warning
signs and 36-inch reflector cones placed according to the Texas Manual
on Uniform Traffic-Control Devices.
(f)
Without affecting the legal relationship between the owner and their
contractor, owners are responsible for any damages by their contractors
or subcontractors. A responsible representative of the owner will
be reasonably available to the town at all times during construction.
(g)
The owner shall be responsible for stormwater management, dust control,
erosion control, employee sanitation and excavation safety measures
that comply with town, state and federal guidelines effective at time
of permit issuance. Requirements shall include, but not be limited
to, construction fencing around any excavation that will be left overnight,
silt fencing in erosion areas until reasonable vegetation is established,
barricade fencing around open holes, and high erosion areas will require
wire backed silt fencing, and placement and maintenance of portable
toilets. Upon request, owner may be required to furnish documentation
submitted or received from federal or state government relative to
a stormwater pollution prevention plan as applicable.
(h)
Owner will notify the town immediately of any damage to other utilities
within public rights-of-way.
(i)
No open trench or cut shall be permitted in an alley or street with
a pavement condition index (PCI) greater than 85 unless in the case
of emergency. Such open cuts in pavements with a PCI of greater than
85 shall be considered to deplete the useful life of that segment
of pavement, causing owner to replace the pavement fill width and
length of the entire disturbed or cut panel (limits identified by
nearest existing sawed control joint or construction joint). Pavements
with a PCI of less than 86 may be permitted to be open cut. Repair
of all street and sidewalk removals must be made promptly to avoid
safety hazards to vehicle and pedestrian traffic and shall be in accordance
with town general construction specifications. All disturbances in
the public rights-of-way shall be restored as required by this article.
(j)
Construction of facilities must not interfere with town utilities
or facilities of other utilities, in particular gravity dependent
facilities. Facilities shall not be located over, or within two feet,
horizontally or vertically, of any water or sanitary sewer mains,
unless approved by the town.
(k)
New facilities must be installed to a minimum depth required by state
and federal codes and/or industry standards. Underground and buried
utilities shall be installed at a minimum depth of 36 inches, unless
the industry standard depth for such facilities is less than 36 inches
or otherwise approved by the town. Industry standard depths shall
be submitted in writing to the town for approval. Such approved depths
shall be documented and become attached to the general construction
specifications for reference.
(l)
All directional boring shall have a locator place bore marks and
depths while the bore is in progress. Locator shall place a mark at
each stem with a paint dot and depth at least every other stem.
(m)
No directional boring zones. To protect the water and sewer system,
no person, agency, or contractor will be allowed to directionally
bore longitudinally with water mains that are larger than 12 inches
and sewer mains that are 12 inches or larger, unless this requirement
is waived in writing by the town. The construction of facilities in
the public rights-of-way will be installed by open excavation to assure
the protection of the town’s water and sewer system.
(n)
The working hours in the public rights-of-way are 7:00 a.m. to 8:00
p.m., Monday through Friday, unless otherwise approved by town or
in case of emergency. Any planned work performed on Saturday must
be approved by the utility inspector by 9:00 a.m. on the Thursday
prior to the proposed Saturday. No work will be done, except for emergencies,
on Sundays or town holidays.
(o)
Persons working in the public rights-of-way are responsible for obtaining
line locates in accordance with state and federal underground facility
damage prevention and safety laws (one-call/call-before-you-dig laws)
from all affected utilities or others with facilities in the public
rights-of-way prior to any excavation. Use of a geographic information
system or the plans of records does not satisfy this requirement.
(p)
The owner will be responsible for verifying the location, both horizontal
and vertical depth, of all facilities. When required by the town,
owner shall verify locations by pot holing, hand-digging or other
method approved by the town prior to any excavation or boring.
(q)
Placement of all manholes and/or handholes must be approved in advance
by the town and the water/sewer utility service provider. Handholes
or manholes will not be located in sidewalks, unless approved by the
town and the water/sewer utility service provider.
(r)
Locate flags shall not be removed from a location while facilities
are being constructed.
(s)
When construction requires pumping of water or mud, the water or
mud shall be contained in accordance with federal and state law and
the directives of the town.
(t)
A person shall perform operations, excavations and other construction
in the rights-of-way in accordance with all applicable town requirements,
at time of permit issuance including the obligation to use trenchless
technology whenever commercially economical and practical and consistent
with obligations on other similar users of the rights-of-way. The
town shall waive the requirements of trenchless technology if it determines
that the field conditions warrant the waiver, based upon information
provided to the town by the person. All excavations and other construction
in the rights-of-way shall be conducted so as to minimize interference
with the use of public and private property. A person shall follow
all reasonable construction directions given by the town in order
to minimize any such interference.
(u)
Excavation safety.
On construction projects in which
excavation will exceed a depth of five feet, the owner must have detailed
plans and specifications for excavation safety systems. The term “excavation”
includes trenches, structural or any construction that has earthen
excavation subject to collapse. The excavation safety plan shall be
designed in conformance with state law and Occupational Safety and
Health Administration (OSHA) standards and regulations.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
Any person who owns facilities or performing any construction within
the rights-of-way shall provide the town with record drawings or plans
within 90 days of completion of facilities in the right-of-way. The
record drawings or plans shall represent the actual installation as
accurately as possible. The plans shall be provided to the town with
as much detail and accuracy as required by the town. All the requirements
specified for the plans submitted for the initial permit, as set forth
in this article, shall be submitted and updated in the “record
drawings or plans.” Users which have facilities in the public
rights-of-way existing as of the effective date of this article who
have not provided record drawings shall provide one-quarter of the
information concerning facilities in town rights-of-way within one
year after the passage of this article and one-quarter each six months
thereafter. The detail and accuracy will concern issues such as location,
size of facilities, materials used, and any other health, safety and
welfare concerns.
(b)
An owner shall provide the town with updates to the record drawings
or plans of facilities in the rights-of-way annually. The record drawings
or plans shall represent the actual facilities as detailed and accurately
as reasonably possible. Submittal of record drawings or plans shall
be in digital format and one set of plans in a paper format.
(c)
If record drawings or plans submitted under this section include
information expressly designated by the owner as a trade secret or
other confidential information protected from disclosure by state
law, the town may not disclose that information to the public without
the consent of the owner, unless otherwise compelled by law or court
order. This subsection may not be construed to authorize an owner
to designate all matters in its as-built plans as confidential or
as trade secrets.
(d)
Record drawings or plans submitted under this section are for the
general informational purposes of the town only. They shall not be
relied upon by other owners performing construction in the rights-of-way.
Town and owners will be responsible for verifying the location of
all facilities.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
Whenever by reasons of widening or straightening of streets, alleys,
sidewalks, or any other town or utility project, it shall be deemed
necessary by the governing body of the town to remove, alter, change,
adapt, or conform an owner’s underground or overhead facilities
within the rights-of-way to another part of the public rights-of-way,
such alterations shall be made by the owner of the facilities at the
owner’s expense unless provided otherwise by federal law, state
law, a franchise, a license or a municipal authorization until that
grant expires or is otherwise terminated. The owner shall be responsible
for conforming its facilities within mutually agreed-upon time limits.
If no time limits can be agreed, the time limit shall be 90 days from
the day the town secures any additional public rights-of-way and transmits
final plans and notice to make the alterations. The owner of facilities
shall be responsible for any direct costs associated with project
delays associated with failure to conform facilities within the mutually
agreed time limits.
(b)
An owner may trim trees in or over the public rights-of-way for the
safe and reliable operation, use and maintenance of its facilities.
All tree trimming shall be performed in accordance with standards
promulgated by the National Arborist Association and the International
Society of Arboriculture. The owner, its contractor or agent, shall
remove such trimmings within 24 hours during normal maintenance. During
emergency weather conditions owners shall remove tree trimmings within
five days of all service restoration activities within the town. The
town may remove the trimmings or have them removed, and upon receipt
of a statement or invoice from the town, the owner shall promptly
reimburse the town for all costs incurred within 30 calendar days.
(c)
An owner shall temporarily remove, raise or lower its aerial facilities
to permit the moving of houses or other bulky structures. The owner
shall temporarily remove, raise or lower its aerial facilities within
15 working days of receiving a copy of a permit issued by the town.
The expense of these temporary rearrangements shall be paid by the
party or parties requesting and benefiting from the temporary rearrangements.
The owner may require prepayment or prior posting of a bond from the
party requesting the temporary move.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
Any owner doing work in the public rights-of-way shall properly install,
repair, upgrade and maintain facilities.
(b)
Facilities shall be considered to be improperly installed, repaired,
upgraded or maintained if:
(1)
The installation, repair, upgrade or maintenance endangers people
or property;
(2)
The facilities do not meet the applicable codes and requirements
applicable at time of permit issuance;
(3)
The facilities are not capable of being located using standard practices;
(4)
The facilities are not located in the proper place at the time of
construction in accordance with the directions provided by the town
or the plans approved by the town.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
Utility structures not exceeding 20 cubic feet are allowed in the
right-of-way or utility easements, subject to available room and located
as approved by the town. The town will review the placement of utility
structures larger than 20 cubic feet, but not exceeding 30 cubic feet,
on a case-by-case, or typical installation basis. Such structures
shall not encroach within a sidewalk area, including a vertical clearance
of seven and one-half feet above the sidewalk or within the sight
visibility area. Utility structures greater than 240 cubic feet shall
be placed within a public or private utility easement outside the
street right-of-way.
(b)
Utility structures larger than 30 cubic feet shall be located as
close as practical to the back of a public or private utility easement
and subject to available room and located as approved by the town.
(c)
Above-ground facilities such as pedestals, switching boxes and similar
facilities shall be located no less than three feet from the edge
of an alley or the back of street curbs and such that they do not
create a physical or visual barrier to vehicles leaving or entering
roads, driveway or alleys. Above-ground facilities serving adjacent
properties shall be placed on the common property line where practical.
(d)
The owner’s identity shall be placed on all utility structures
placed in the public rights-of-way.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
An owner shall restore property affected by construction, repair
or maintenance of facilities to a condition that is as good or better
than the condition of the property prior to construction. Owners may
submit photographs and/or a video of the construction area at the
time of the issuance of the permit for record purposes. Restoration
must be approved by the town.
(b)
Restoration must be made within ten working days of completion of
trench backfill for every length of 300 feet, unless otherwise approved
by the town. If an owner holds a municipal authorization that provides
a greater length of time in which restoration may be properly made,
then the greater time limit shall apply to such owner. If restoration
is not satisfactory and performed in a timely manner, after written
notice, then all work in progress, except that related to the problem,
including all work previously permitted but not complete may be halted
and a hold may be placed on any future permits until all restoration
is complete.
(c)
Upon failure of an owner to perform such restoration, and five days
after written notice has been given to the owner by the town, and
in the event restoration has not been initiated during such five-day
period, the town may repair such portion of the public rights-of-way
as may have been disturbed by the owner, its contractors or agents.
Upon receipt of a statement or invoice from the town, the owner will
reimburse the town for the costs reasonably incurred within 30 calendar
days from the date of the town invoice.
(d)
If the town determines that the failure of an owner to properly repair
or restore the public rights-of-way constitutes a safety hazard to
the public, the town may undertake emergency repairs and restoration
efforts, after emergency notice has been provided, to the extent reasonable
under the circumstances. Upon receipt of an invoice from the town,
the owner shall promptly reimburse the town for the costs incurred
by the town within 30 calendar days from the date of the town invoice.
If payment is not received within 30 calendar days, the town shall
initiate a claim for compensation with the appropriate bonding company
or pursue any other remedy available to the town under this article
or by law, including permit suspension or revocation.
(e)
Should the town reasonably determine, within one year from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet the standards of subsection (a), an owner shall perform such additional restoration work to the satisfaction of the town, subject to all town remedies as provided herein.
(f)
Restoration must be to the reasonable satisfaction of the town. The
restoration shall include, but not be limited to:
(1)
Replacing all ground cover with the type of ground cover damaged
during work to a condition as good or better than the conditions prior
to construction. Such restoration shall be by either sod where solid
turf existed or where erosion may likely occur or, by seeding or hydro-mulching
in other areas, or as directed by the town. Seeded areas will be acceptable
provided all requirements, including maintenance, have been completed
and a healthy uniform close stand of the specified grass is established
free of weeds, undesirable grass species, disease and insects. No
individual lawn areas shall have bare spots or unacceptable cover
totaling more than two percent of the individual area;
(2)
Adjusting of all manholes and handholes, as required;
(3)
Backfilling all bore pits, potholes, trenches or any other holes
shall be completed daily, unless other safety requirements are approved
by the town. Holes with only vertical walls shall be covered and secured
to prevent entry. If bore pits, trenches or other holes are left open
for the continuation of work, they shall be fenced and barricaded
to secure the work site as approved by the town;
(4)
Leveling of all trenches and backhoe lines;
(5)
Restoration of excavation site to town specifications;
(6)
Restoration of all paving, sidewalks, landscaping, ground cover,
trees, shrubs and irrigation systems;
(7)
All restoration work and materials, including repaired irrigation
systems, shall be warranted for 90 days.
(g)
Removal of all location flags during the clean-up process by the
owner or its contractor at the completion of the work.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
If any of the provisions of this article or other town requirements
are violated, a permit may be denied, suspended or revoked by the
town. If any person has violated the terms and conditions of this
article in work done pursuant to a prior permit, new permits may be
denied, or additional terms required. Revocation shall be effective
upon the expiration of 15 business days after written notice of the
violation(s), unless cured, or during that period, a plan to cure
is agreed upon, except for violations that pose a threat to public
safety or health, for which the revocation will be immediate upon
delivery of written notice.
(b)
The suspension, revocation or denial of a permit may be appealed.
However, the appeal process provided by this section shall not be
available for criminal violations of this article.
(c)
An applicant for a permit or a permittee may appeal the denial, revocation
or suspension of a permit by filing written notice of appeal with
the town within seven days of the issuance of notice of denial, suspension
or revocation. The notice of appeal shall specifically state the basis
for the appeal and shall state either that the town’s action
was erroneous or that the facts relied on by the town were incorrect.
A failure to timely or properly file notice of appeal shall be a forfeiture
of the opportunity to appeal the permit’s denial, revocation
or suspension.
(d)
The town council shall promptly hear the appeal after receipt of
proper and timely notice of appeal. The decision of the town council
shall be final and binding.
(Ordinance 2019-0218-02 adopted 2/18/19)
Any person, firm or corporation violating any of the provisions
or terms of this article shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined a sum not exceeding $2,000.00
for each violation, and each day that such violation shall continue
to exist constitutes a separate offense. An offense shall be a strict
liability offense and no proof or pleading of an intentional or knowing
violation shall be required.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
Each owner who owns, repairs or maintains facilities in the rights-of-way
shall promptly defend, indemnify and hold the town harmless from and
against all damages, costs, losses or expenses (1) for the repair,
replacement, or restoration of town’s property, equipment, materials,
structures and facilities which are damaged, destroyed or found to
be defective as a result of the owner’s acts or omissions, (2)
from and against any and all claims, demands, suits, causes of action,
and judgments for (A) damage to or loss of the property of any owner
(including, but not limited to the owner, its agents, officers, employees
and subcontractors, town’s agents, officers and employees, and
third parties); and/or (B) death, bodily injury, illness, disease,
loss of services, or loss of income or wages to any owner (including,
but not limited to the agents) arising out of, incident to, concerning
or resulting from the negligent or willful act or omissions of the
owner, its agents, employees, and/or subcontractors, in the performance
of activities pursuant to this article.
(b)
This indemnity provision shall not apply to any liability resulting
from the negligent or willful acts of the town, its officers, employees,
agents, contractors, or subcontractors.
(c)
The provisions of this indemnity are solely for the benefit of the
town and is not intended to create or grant any rights, contractual
or otherwise, to any other owner or entity.
(Ordinance 2019-0218-02 adopted 2/18/19)
(a)
General.
(1)
An owner must provide acceptable proof of insurance in the amounts
required by this section for permits for construction within rights-of-way
or make other provisions acceptable to the town.
(2)
The coverage must be on an “occurrence” or “claims
made” basis and must include coverage for personal injury, contractual
liability, premises liability, medical damages, underground, explosion
and collapse hazards.
(3)
Each policy or certificate of insurance must include the town as
a named insured and shall include a provision in which the insurance
company is required to notify the town in writing not fewer than 30
days before canceling, failing to renew, or reducing policy limits.
(4)
The owner shall file the required certificate of insurance prior
to the issuance of a permit. The certificate shall state the policy
number; name of the insurance company; name and address of the agent
or authorized representative of the insurance company; name, address
and telephone number of insured; policy expiration date; and specific
coverage amounts.
(5)
An owner shall file an annual surety bond, or provide certificate
of self-insurance which will be valid for one full year, from a surety
company authorized to do business in the state in the amount equal
to the estimated amount of the cost to restore the right-of-way for
the work anticipated to be done in that year, in the event the owner
leaves a jobsite in the right-of-way unfinished, incomplete or unsafe.
An owner may make other provisions, in lieu of a bond, as acceptable
to the town. The town may waive the requirement if the owner submits
documentation, in a form acceptable to the town attorney, that demonstrates
the owner has assets in excess of $10,000,000.00.
(6)
An owner shall file a maintenance bond for 25 percent of the cost
of restoring the right-of-way for the preceding year. Said bond shall
be in force for two years from the date of completion. An owner may
make other provisions, in lieu of a bond, as acceptable to the town.
The town may waive the requirement if the owner submits documentation,
in a form acceptable to the town attorney, that demonstrates the owner
has assets in excess of $10,000,000.00.
(7)
The above requirements may be met by utilities with a current franchise,
license or municipal authorization if their current franchise, license
or municipal authorization provides for insurance or bonds required
herein or provides an indemnity in favor of the town.
(8)
The town will accept certificates of self-insurance issued by the
state or letters written by the owner in those instances where the
state does not issue such letters, which provide the same coverage
as required herein. However, certificates of self-insurance must be
approved in advance by the town.
(9)
An insurer has no right of recovery against the town. The required
insurance policies shall protect the owner or public infrastructure
contractor and include the town as an additional insured (except workers
compensation). The insurance shall be primary coverage for losses
covered by the policies.
(b)
Insurance requirements.
(1)
Owners.
Each owner applying for a permit shall obtain,
maintain, and provide proof of the each of the following types of
insurance and coverage limits:
(A)
Commercial general or excess liability on an occurrence form with
minimum limits of $5,000,000.00 per occurrence and $10,000,000.00
aggregate. This coverage shall include the following:
(i)
Products/completed operations to be maintained for one year
if applicable.
(ii)
Personal and advertising injury if applicable.
(iii)
Owners and contractors protective liability.
(iv)
Explosion, collapse, or underground (XCU) hazards.
(v)
Coverage limits may be reduced upon demonstration of fiscal
responsibility acceptable to the town finance town and/or risk manager.
Automobile liability coverage with a minimum policy limits of $1,000,000.00
combined single limit. This coverage shall include all owned, hired
and non-owned automobiles.
(B)
Workers compensation and employers liability coverage. Statutory
coverage limits for coverage A and $500,000.00 coverage B employers
liability.
(2)
Contractors and subcontractors.
Each contractor and
subcontractor applying for a permit shall obtain, maintain, and provide
proof of insurance for the same types of insurance coverages outlined
in this section; however, the policy limits under the general liability
insurance shall be $1,000,000.00 per occurrence and $2,000,000.00
aggregate. All other coverages provisions required by this section
shall apply.
(3)
Proof of insurance.
An owner or contractor that has
registered and filed proof of insurance under this section is not
required to furnish separate proof of insurance when obtaining a permit
but must comply with all other requirements of this section.
(Ordinance 2019-0218-02 adopted 2/18/19)
