The Town Manager shall appoint a right-of-way (ROW) Manager, who is the principal town official responsible for the administration of the ROW, ROW permits, the regulation of same and ordinances related thereto. The ROW Manager may delegate any or all of the duties hereunder. The ROW Manager shall have the duties, responsibilities and authority as specified for the ROW Manager stated herein.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
The following definitions apply in this article. The terms, phrases, words, abbreviations and their derivations shall have the same meanings herein. 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.
Abandoned facilities
means 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.
Administration fee
means the fee charged by the town to recover its costs incurred for ROW management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying ROW permit applications; inspecting job sites and restoration improvements; determining the adequacy of the ROW restoration; revoking ROW permits, and other costs the town may incur in implementing the provisions of this article.
Applicant
means an owner or authorized agent of an owner, who submits an application for a permit under the provisions of this article.
Area of influence
means 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.
Backfill:
(1) 
The placement of new dirt, fill, or other material to refill an excavation; or
(2) 
The return of excavated dirt, fill or other material to an excavation.
Certificated telecommunications provider or CTP
means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the state public utility commission or "PUC" to offer local exchange telephone service or a person who provides voice service as defined by V.T.C.A., Local Government Code, Ch. 283 or "the act."
Collector Street
means any roadway or street classified on the town thoroughfare plan, as it exists or may be amended, as a collector.
Compaction
means consolidating backfill material in a trench to prevent future settlement.
Comprehensive plan
means the town comprehensive plan, as it exists or may be amended.
Construction
means boring, the breaking of pavement, or the installation, modification, upgrade, maintenance, removal, or similar activities, within the ROW. The definition includes, but is not limited to, providing primary service, restoration, or maintenance of existing facilities within the ROW.
Contractor
means any public or private person, subcontractor or organization, other than the town.
Day
means business day unless otherwise specified.
Department
means the Town Department of Engineering Services or a successor department that is responsible for management of the ROW and roadway infrastructure.
Emergency operations
means 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.
Excavation
means any activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the ROW and does not include landscaping activity unless the activity removes or disturbs the paved portion of the ROW.
Facilities
means the equipment, and property, including, but not limited to, lines, poles, mains, pipes, conduits, ducts, cables, valves, manholes, hand holes and wires located under, on, or above the surface of the ground within the ROW, and related facilities and equipment used or useful for the provision of utility services.
FCC
means the Federal Communications Commission.
Governing body
means the Mayor and the Town Council of the town.
Governmental entity
means any county, township, city, town, village, school district, library district, road district, drainage or levee district, 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.
Holiday
means days in which town offices are closed in observance of a holiday.
Local Street
means roadway or street not classified on the town comprehensive plan, as it exists or may be amended, as a highway toll-way, major thoroughfare, minor thoroughfare or collector.
Main line
means lines other than service connections used to convey the ROW user's product.
Major project
means any project, which includes 500 or more linear feet of excavation or any excavation under pavement.
Network node
means equipment at a fixed location that enables wireless communications between user equipment and a communication network.
Network provider
means 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.
Pavement
means streets containing Portland cement, asphalt, brick or other rigid or semirigid material that covers the surface of a street and their underlying sub-grade and base.
Permit
means permit issued under this article authorizing excavation in the ROW.
Permittee
means person or ROW user to whom a permit is issued to excavate a ROW.
Perpendicular excavations
means any trench with a centerline that when projected toward the centerline of the street, the two lines intersect at an angle of 90 degrees.
Person
means any person, company, partnership, contractor, subcontractor, agency or other public or private entity, excepting the town.
Public inconvenience penalty
means penalty assessed to the ROW user who denies the public the use of public property for a time period greater than allowed by this article.
PUCT
means public utility commission of the state.
Registration
means the annual application process of the ROW user to use any portion of the ROW.
Registration certificate
means the document provided by the town, annually, upon approval of the application for registration.
Repair
means the temporary or permanent construction work necessary to make the ROW usable.
Repair area
means area around excavation where the pavement and sub-grade is impacted by an excavation.
Restoration
means the process by which an excavated ROW and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to the same condition, or better than that which existed before the commencement of the work.
Resurfacing
means 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.
Right-of-way or public right-of-way (ROW)
means the surface of, and the space above and below, any street, road, highway, freeway, toll-way, lane, path, drainage way, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, fire lane or other easement now or hereafter held by the town or over which the town exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the town, but shall specifically exclude private property.
Right-of-way (ROW) Inspector
means person assigned by the ROW Manager to oversee inspections of work conducted within the town's ROW.
Right-of-way (ROW) Manager
means the ROW Manager of the town, or his/her designee.
Right-of-way (ROW) user
means person, its successors and assigns, that uses the ROW for purposes of work, excavation, provision of services, or installing, constructing, maintaining, or repairing facilities thereon, including, but not limited to, landowners and service providers.
Routine service operation
means a work activity that makes no material change to the facilities and does not disrupt traffic.
Service
means a commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the ROW, 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.
Service connection
means the line that serves no more than two individual customers or two meter banks.
Street
means the paved portion of the ROW that has been constructed, reconstructed, or resurfaced with concrete or asphalt or some other surface.
Surface-mounted markers
means any sign, post or other marker, which rises above the surface of the ground to show the location of an underground utility.
Temporary Lines
means facilities that are installed temporarily above ground (or can be below) and not in their ultimate location. This can be as a result of an existing main line being hit or damaged by other construction, and a temporary solution to re-establish the connection is made until a more permanent fix is complete. Temporary lines can also be individual connections to individual residence (typically above ground) until a permanent connection is placed underground.
Thoroughfare
means any roadway or street classified on the town comprehensive plan, as it exists or may be amended, as a highway, toll-way, major thoroughfare or minor thoroughfare.
TMUTCD
means the state manual on uniform traffic-control devices, as it exists or may be amended.
Town.
The town and the town's officers and employees.
Town project
means the construction, location, maintenance, relocation, alteration, improvement, repair, removal or other work performed by the town, or its designee, in the public ROW, on any town utilities, on any town facilities, in pursuant of its governmental functions or for the benefit of the public.
Town utilities
means any water, sewer or drainage line owned and operated by the town, the North Texas Municipal Water District (NTMWD), the Upper Trinity Regional Water District (UTRWD), or any other utility district providing water or sewer service to the town.
Traffic-control representative
means the designated representative of the ROW user who is responsible for work zone safety and compliance with TMUTCD. The ROW user shall ensure such person has adequate training, knowledge and authority to perform the responsibilities listed above.
Transport facility
means each transmission path physically within a public ROW, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
Trench
means excavation deeper than 24 inches. This shall include linear trenches, holes, pits, etc.
Underground Facility Damage Protection Safety Act
means the V.T.C.A. Utility Code § 251.001 et seq., as it exists or may be amended.
Utility
means any privately or publicly owned entity which uses ROW to furnish the public any general public service, including, without limitation, sanitary sewer, gas, electricity, water, traffic management, streetlights, fiber communications, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the ROW. Poles are regulated herein only as specifically set forth in this article.
White lining
means marking the excavation site with white washable marking paint or flags prior to requesting a utility locate in order to further identify the site.
Wireless service
means 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.
Wireless service provider
means a person that provides wireless services to the public.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
This is not a traffic ordinance authorized under the Texas Motor Vehicle Statutes, and is not governed by the penal provision thereunder. Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of $500.00, unless the violation relates to fire safety or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of $2,000.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies available to it pursuant to local, state and federal law.
(a) 
A person commits an offense if they:
(1) 
Perform, authorize, or supervise construction without a valid permit issued under this article;
(2) 
Fail to comply with restrictions or requirements of a permit issued under this article;
(3) 
Fail to comply with a lawful order or regulation of the ROW Manager issued pursuant to this article; or
(4) 
Violate other provisions of this article.
(b) 
A person commits an offense if, in connection with the performance of construction in the public ROW: they
(1) 
Damage the public ROW beyond what is incidental or necessary to the performance of the construction;
(2) 
Damage public or private facilities within the public ROW;
(3) 
Fail to immediately clear debris associated with construction from a public ROW after construction is complete; or
(4) 
Fail to stabilize any disturbed area from erosion within 14 days after construction is completed, unless an alternative timeframe is approved by the ROW Manager.
(c) 
The ROW Inspector will provide the contractor with a Notice of Violation Form that identifies the violation(s) and corrective measures to be taken by a certain date as specified by the ROW Manager. The contractor is required to acknowledge receipt on the Notice of Violation Form.
(d) 
A culpable mental state is not required to prove an offense under this article. A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or authorized or directed. An offense under this article is punishable by a fine of $1.00 to $2,000.00.
(e) 
Prior to initiation of civil litigation, the public service provider, or any other person, who has violated a provision of this article, shall be given the opportunity to correct the violation within a time frame specified by the ROW Manager. The subsection does not prohibit the ROW Manager of the town from taking enforcement action as to past or present violations of this article, notwithstanding their correction.
(f) 
If a permitee is in violation of this article, no additional permits will be granted to the public service provider and/or permitee until the offense has been corrected and any direct or indirect costs incurred by the town have been reimbursed.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
If any provision of this article conflicts with an existing franchise agreement, the franchise agreement shall prevail until the expiration thereof.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
It shall be unlawful for the operator of any vehicle to drive, haul, push or tow, wholly or partially, any load upon a posted weight limited bridge, which collectively exceeds the officially designated and posted maximum bridge weight, whether or not all load-bearing wheels travel on the bridge.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
Each utility shall name a utility coordinator who shall participate in the utility coordination committee. All ROW users with open permits shall send one representative to the utility coordination committee meetings at the time and location established by the town. In the event that a ROW user's representative does not attend two or more meetings within a 12-month period, the ROW user's permits will be placed on hold until the representative resolves all conflicts discussed in the unattended meetings and attends the next scheduled meeting.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
The ROW user shall notify the Department at each of the following times during a project; and failure to do so constitutes a violation of this article.
(1) 
Forty-eight hours before the start of construction; either through email and/or text ROW Inspector must be informed;
(2) 
Daily Work Location Form;
(3) 
Potholing; when water main 16 inches or greater is exposed and visible to ROW Inspector;
(4) 
When traffic control is required; ROW Inspector must be notified prior to starting work in the designated area;
(5) 
Upon completion of the initial backfill; and
(6) 
Upon completion of the project, an email or text must be sent to the ROW Inspector as documentation that the job has been completed.
(7) 
When an existing utility is damaged (water main, water service, sewer main, sewer service, gas, electric, cable, irrigation) the ROW Inspector must be notified immediately. In instances where a private water service, sewer service, or irrigation is damaged, the ROW user must immediately hire a licensed plumber to make a permanent repair.
(b) 
The ROW user shall make a request for a utility locate in compliance with the Underground Facility Damage Prevention and Safety Act.
(c) 
The use of 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.
(d) 
Compliance with the Texas Utilities Code, as amended, is required at all times.
(e) 
All barricades, plates, cones, traffic directional equipment and all other traffic-control devices owned, leased or used by the ROW user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or ROW user or subcontractor, as applicable, at all times such equipment is used on or near the ROW. An exception to the marking requirement may be made in the sole discretion of the ROW Manager in the event the traffic-control equipment is not owned by the permittee or ROW user.
(f) 
Locate to the extent of the ROW. The public service provider has the exclusive responsibility to locate the extent of the public ROW. Acceptance of the plans and issuance of a permit does not constitute liability of the town's part of any facilities placed on private property. If facilities/utilities are placed on private property, it is the public service provider's responsibility to contact the property owner and acquire easements.
(g) 
The town reserves the right under this article to take the following actions:
(1) 
Divide larger neighborhood permits into smaller more manageable permits, allowing bores on no more than two streets concurrently. Failure to do so may result in shutdown of work or temporary hold of permit until the issue has been resolved.
(2) 
Require ROW user to backfill any open holes (at any time during the scope of work) at the request of the ROW Inspector. Failure to do so may result in shutdown of work or temporary hold of permit until the issue has been resolved.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
Within 30 days of passage of this article, each ROW user shall provide the town an accurate map of their service area. The map shall be in electronic format overlaid over the North Central Texas Council of Government base digital map. In dual coverage areas, the town may request additional information to enable identification of ROW users.
(b) 
Each ROW user must maintain accurate maps and records of its facilities. The town's road network may be provided in digital format upon request. The ROW user is encouraged to maintain their system maps geo-referenced to the town's street network, which is on the North Central Texas Council of Government base digital map. 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. The ROW user will provide the town with digital information within 90 days of a request for maps from the town for any user with less than 50 miles of utilities within the town. All other ROW users shall provide the digital information within one year of the request. Thereafter, the data is to be provided to the town on an annual basis by January 1.
(c) 
If the maps and records submitted in response to any request by or requirement of the town include information expressly designated by the ROW user as a trade secret or other confidential information protected from disclosure by state law, the town and its agents, employees, or other representatives may not disclose that information to the public without the consent of the ROW 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 ROW user to designate all matters in its maps and records as confidential or as trade secrets.
(d) 
Within 60 days of completion of each new permitted section of a person's facilities, the person shall supply the town with a completed set of "as-built" drawings for the segment in a format used in ordinary course of the persons business and as reasonably prescribed by the town, and allowed by law.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
Notice for purposes of this article shall be made to the town via electronic message (email), overnight courier (generally used carrier with tracing available) or hand delivery with signed receipt, facsimile to the department or United States mail return receipt required.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
Nothing in this section relieves a ROW user and/or utility from obtaining a permit under this article to perform work in the ROW.
(b) 
In order to protect the public health, safety, and welfare, a utility maintaining or operating existing facilities in the ROW must register with the ROW Manager in accordance with the following requirements:
(1) 
The registration must be on a form furnished by the ROW Manager and made in the name of the ROW user that owns the facilities.
(2) 
Registration expires the date the certificate of insurance provided to the town by the ROW user the registration occurs. If the utility fails to renew registration by that date, the town will send by certified mail a notice of noncompliance to the address listed on the registration. If the utility fails to renew registration within 30 calendar days after the date of sending the notification, the facilities of the utility will be deemed to have been legally abandoned.
(3) 
If information provided as part of the registration changes, the utility must inform the ROW Manager, in writing, not more than 30 days after the date the change occurs.
(4) 
The utility shall also include the following registration:
(A) 
The name of the utility using the ROW, including any business name, assumed name, or trade name the utility operates under or has operated under in the town within the past five years.
(B) 
If the utility is a CTP, the certificate number issued by the Texas Public Utility Commission.
(C) 
The ordinance number of any franchise or license issued by the town that authorizes the utility to use the ROW.
(D) 
The names, addresses and telephone numbers of at least two persons who will be general, day-to-day contacts for the utility. At least one of the addresses must be within the Dallas/Fort Worth metropolitan 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.
(F) 
The name, address and telephone number of any contractor or subcontractor, who will be working in the ROW on behalf of the utility. This list may be amended as needed by the utility; however, no work shall be performed in the ROW 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 division 4 of this article.
(5) 
Upon completion of registration, the town will provide the ROW user a registration certificate valid until the end of the calendar year during which the registration was completed. The ROW user may make as many photocopies of the registration certificate as necessary. The ROW user is responsible for ensuring that all contractors, listed in accordance with subsection (b)(4)(F) above have a copy of the registration certificate on site when work is being conducted under the provisions of the registration certificate.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
The ROW 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. In instances where traffic control is required, ROW user must contact ROW Inspector to verify traffic control before work commences. All vehicles must be parked in the direction of travel on one side of the street.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
All ROW 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 town, state, or federal government, or railroad or pipeline company, including a description of the ROW user's intended use of the ROW, information sufficient to determine whether the ROW user is subject to franchising or licensing by the town, and information to determine whether the ROW 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 ROW user has applied for and received any permit or other approvals required by the FCC. ROW user shall provide all such other information as may be reasonably required by the town to complete the registration statement.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
In the exercise of governmental functions, the town has first priority over all uses of the ROW. The town reserves the right to, among other things, install curbs, gutters, inlets, aprons, traffic signs or poles, with or without attached flashing lights, traffic signals and other traffic management devices, light poles, guard rails, sidewalks, conduits, fiber, construct, maintain and alter town projects, including, but not limited to, laying water, sewer, drainage, and other pipelines or cables and conduits, and doing underground and overhead work, and attachments, restructuring, or changes in street facilities in, across, along, over, or under a public street, alley or ROW occupied by an agency or ROW user, and to change the curb, sidewalks, or the grade of streets and any improvements reasonably associated therewith.
(b) 
The ROW user must relocate its facilities, at its own expense and in accordance with § 13.08.066, prior to the start of construction of a town project or any work described in subsection (a) above. Failure to comply with this provision shall subject the ROW user to the enforcement provisions contained herein.
(c) 
A permit will be required when making facility adjustments in preparation for town projects.
(d) 
Franchise utilities shall acknowledge in writing when they are not in conflict with ongoing town projects upon request by the town.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
It is unlawful for any person, its agents, servants or employees to dig, plow, blast, make cuts, openings, bore, tunneling, excavate or close lanes on any ROW, locate street, or town easement, without first having made application and obtained a permit therefor except for as allowed by § 13.08.016. 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 ROW for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the ROW Manager a permit in compliance with this article.
(a) 
Before issuing a permit, the ROW Manager shall have been provided an online application, on a form furnished by the ROW Manager, setting forth the name and residence or business address of the applicant; 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; and, the purpose of the excavation. The application form shall include plans prepared in accordance with town specifications. Plans shall be drawn at a reasonable scale that legibly and accurately show all existing improvements and proposed work. All proposed work must be shown in heavy or bold type lines and fonts. 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. If ROW user cannot show distinctive line weights, the plans shall clearly label the above information using text. 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.
(b) 
At the time the permit is issued, the applicant shall pay a nonrefundable permit application fee in an amount as provided for in Division 3 of this article.
(c) 
The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the ROW Manager, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article.
(d) 
No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and/or private utilities with facilities installed in any ROW to relocate the facilities, at no cost to the town, subject to state law, if applicable, in the event that relocation is required by the town to accommodate a proper governmental use of the ROW.
(e) 
Combinations of permits shall be permitted at the sole discretion of the ROW Manager. Fees shall be assessed based on the excavations permitted.
(f) 
Subdivision monuments, historical markers, and any other signs or structures with foundations in the ROW, excluding billboards, are subject to this article.
(g) 
If no construction has commenced under a permit within 30 calendar days after issuance of the permit, the permit becomes null and void, and a new permit is required before construction may be performed in the public ROW. An extension to a permit may be granted by the ROW Manager only before the permit expires.
(h) 
Storm water pollution prevention plan. The permittee shall submit with the permit application two sets of storm water pollution prevention plan in cases where stream crossings are open cut. The permittee shall contain all sediment within the work area using erosion control measures and erosion limiting construction techniques as specified in other town ordinances, including, but not limited to, any storm water management ordinance contained in state and federal laws.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
The ROW Manager reserves the right in his/her discretion to require a ROW permit on service connections. Unless otherwise required by the ROW Manager, service connections do not require a permit if all of the following conditions are met:
(1) 
The service connection excavation shall not exceed four feet inside the ROW to property line;
(2) 
All excavation shall be in accordance with service connection drawings;
(3) 
The address for the service connection is on the town-provided form, which is submitted to the ROW Manager via hard copy or email. Work shall not begin until the electronic form is transmitted to the ROW Manager;
(4) 
The excavation required is less than 18 inches in depth;
(5) 
The excavation is no wider than two inches or is hand dug; and
(6) 
The service connection does not require boring.
(b) 
Irrigation system installation does not require a permit if all of the following conditions are met:
(1) 
The work is performed with an existing valid permit issued by the town for the installation of irrigation.
(2) 
The excavation shall not exceed 12 inches in depth and no wider than one inch.
(3) 
The address for the service connection is on the town-provided form, which is submitted to the ROW Manager via email and is approved. All requests which are not approved within 48 hours are denied.
(4) 
Line locates from the town are requested.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
Application for a ROW permit shall be submitted online in accordance with the procedures and requirements stated herein and on the town's website. The online application form shall be accompanied by maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction, and proposed start and completion dates. When the work includes excavation, which will exceed five feet in depth, a trench safety design sealed by a licensed professional engineer shall also accompany the application, unless otherwise provided by law.
(b) 
A permit shall only be valid for the area of the ROW 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 ROW permit.
(c) 
Applicants may apply jointly for permits to excavate the ROW at the same time and place. Applicants who apply jointly for a ROW permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The town will recognize only one point of contact.
(d) 
Permits will be issued or denied within five business days of town 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 town 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 ROW permit or a permit extension for additional time. This supplementary application must be submitted to the town prior to the permit end date. Applicants are required to attend a pre-construction meeting for major projects identified by the ROW Manager.
(e) 
An expedited permit may be requested, and shall be issued or denied within two days of application upon a showing of good cause, as solely determined by the ROW Manager.
(f) 
If the owner fails to act upon any permit within 30 calendar days of issuance, the permit shall become invalid, and the owner will be required to obtain a new permit. No permits shall be transferable.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
Every person making application for a permit in accordance with the provisions of this article, and having complied with such provisions, shall be entitled thereto, and, upon filing such application with the ROW Manager, it shall be his/her duty to issue the permit, when the provisions of this article have been complied with.
(a) 
Upon receiving a completed online application for a permit and a plan prepared in accordance with the town specifications, the ROW Manager's designee shall set forth all requirements, approve or disapprove the application, sign and return it to applicant. Except only in emergency excavations, at least one working day prior to the start of work, the applicant shall notify the ROW Manager the date that the work will commence when traffic-control devices are necessary on a thoroughfare.
(b) 
No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed.
(c) 
Each permit shall state a time period for completion of all the work to be done hereunder. The ROW Manager may in his/her sole discretion, grant extensions of time.
(d) 
No person in violation of any requirement of this article shall be issued a permit, nor shall any contractor or agent apply for or be issued a permit on the person's behalf, until the outstanding violation(s) is/are corrected or a plan for correction is approved by the ROW Manager. The ROW Manager is authorized to grant exceptions upon showing of good cause. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the town at law or equity.
(e) 
No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire, the ROW user shall procure a new permit, paying the applicable fee, prior to proceeding with any such work.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
The ROW user and contractor (if used) shall be identified by three feet by three feet information signs on all work requiring a permit. The signs shall state the name and phone number of the ROW user and contractor (if used). The signs shall be placed in the ROW on a breakaway pole base on each approach to the location where construction is occurring from the time of the beginning of work in the ROW and shall continue to be posted at the location during the entire time the work is occurring. Informational signs shall be posted on the public ROW 100 feet before the construction location commences and 100 feet thereafter, unless other posting arrangements are approved or required by the director.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
Any ROW user engaged in making or backfilling any excavation in any ROW shall, at all times, while such work is in progress, keep at the job location the permit, or a copy thereof, and shall provide the same, when requested by any authorized town employee. At all times while the work is in progress, the ROW user shall also maintain, at the job location, a sign, barricade or other device bearing the ROW user's name and a phone number in which the ROW user can be reached.
(b) 
The ROW user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, irrigation, sidewalks, streets, signs, streetlights, or other property at, near or encountered in its work. The ROW user shall determine the boundary of the ROW.
(c) 
All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of ROW 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 town pursuant to the policy and regulatory powers of the town necessary to provide for public convenience. The ROW user shall not trespass upon private property. The ROW user shall determine the boundary between ROW and private property and place stakes/markers indicating this boundary to remain in place for the duration of the work.
(d) 
The town 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 town, in, across, along, over or under any ROW or public place occupied by a ROW user and to change any curb or sidewalk or the grade of any street and to maintain all of the town's facilities. In allowing such work to be performed by others, the town shall not be liable to a ROW user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW user by such third party.
(e) 
All transmission and distribution structures, lines, equipment and facilities erected by a ROW user within the town shall be so located as to cause minimum interference with the proper use of the ROW, 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 article or which interferes with the public's unimpeded use of the ROW.
(f) 
If the town requires a ROW 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 town, to use, or to use with greater convenience, any ROW or public place, the ROW 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 ROW 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 ROW user's facilities; provided, however, that the town shall never be liable for such reimbursement.
(g) 
During excavations or boring performed within ten feet of water main 16 inches or greater in size, potholing of that line must take place. Potholing will require the ROW user to expose the line so that it is visible and can be inspected by the ROW Inspector. Potholing will be required every 150 feet along the water main.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
It is unlawful for any person, its agents, servants or employees to perform construction in the ROW without first having made either application and obtained a permit therefor or have in possession a valid registration certificate. A registration certificate may only be used for construction activities not requiring a permit in accordance with § 13.08.016. These activities include tree trimming, general maintenance, line work and providing a service connection from the property line to a customer provided that no excavation is required in the ROW.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
(a) 
Excavation and boring allowed. Excavation and boring shall be conducted between the hours of 7:00 a.m. to 3:00 p.m. on Monday thru Friday, except on holidays. No excavation or boring shall be performed on holidays. Excavation and boring will cease at noon the day before a holiday, or a holiday weekend.
(b) 
All other work requiring an inspection shall be done between the hours of 7:00 a.m. to 3:00 p.m. on Monday thru Friday, except on holidays. No work shall be performed on holidays. Excavation and boring will cease at noon the day before a holiday, or a holiday weekend. A ROW user may work on Saturday subject to the approval of the ROW Manager. The Saturday inspection fee must be paid prior to noon on Thursday prior to the Saturday in which the work is to be performed and is nonrefundable.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
A permit may be denied or suspended, or held for any of the following reasons:
(a) 
Failure to provide proof of a surety bond or liability insurance acceptable to the town or notice of termination of the same.
(b) 
Failure to secure a contractor's license or other required license.
(c) 
Failure to perform in accordance with the requirements of this article.
(d) 
The excavation would be in a street and not otherwise permitted by this article.
(e) 
The proposed warning or other traffic-control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the ROW Manager.
(f) 
The proposed activity would violate any town article or state or federal law, rule, regulation or statute.
(g) 
The permit application contains false or misleading information.
(h) 
The activity would cause a public health or safety hazard.
(i) 
The ROW user is not authorized within the town.
(j) 
The ROW user is in violation of this article relative to work in progress.
(k) 
The ROW user has not compensated the town, or is not legally obligated to compensate the town by contract, by agreement or by law, for using the public property; or the ROW user has failed to timely make required payments.
(l) 
A representative of a franchise utility fails to attend two or more utility coordination meetings within a 12-month period.
(m) 
The ROW user fails to comply with the construction timelines of the town's projects.
(n) 
Outstanding invoices or bills will result in denial.
(o) 
Failure to bury temp lines will result in holding of permits.
(p) 
Failure to restore a property owner's property to existing conditions or better, including replacement of any damaged landscaping, sod, irrigation, hardscape, utility service and pavement.
(Ordinance 2024-12, § 2, adopted 1/9/2024)
A ROW user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows:
(a) 
If an applicant desires to appeal a decision, the applicant may file a written notice of appeal with the ROW Manager 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 ROW Manager shall provide a written decision within five business days. Failure to render a decision within five business days shall constitute a denial.
(b) 
If a further denial is given, the appellant may thereafter file a written notice of appeal to the Director of Engineering Services within five business days of receipt of the ROW Manager's written decision. The Director of Engineering Services shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial.
(c) 
If a further denial is given, the appellant may thereafter file a written notice of appeal to the office of the Town Manager within five business days of receipt of the Director of Engineering Services written decision. The Town Manager shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial.
(Ordinance 2024-12, § 2, adopted 1/9/2024)