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.
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.
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.
means an owner or authorized agent of an owner, who submits
an application for a permit under the provisions of this article.
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.
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."
means any roadway or street classified on the town thoroughfare
plan, as it exists or may be amended, as a collector.
means consolidating backfill material in a trench to prevent
future settlement.
means the town comprehensive plan, as it exists or may be
amended.
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.
means any public or private person, subcontractor or organization,
other than the town.
means business day unless otherwise specified.
means the Town Department of Engineering Services or a successor
department that is responsible for management of the ROW and roadway
infrastructure.
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.
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.
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.
means the Federal Communications Commission.
means the Mayor and the Town Council of the town.
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.
means days in which town offices are closed in observance
of a holiday.
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.
means lines other than service connections used to convey
the ROW user's product.
means any project, which includes 500 or more linear feet
of excavation or any excavation under pavement.
means equipment at a fixed location that enables wireless
communications between user equipment and a communication network.
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.
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.
means permit issued under this article authorizing excavation
in the ROW.
means person or ROW user to whom a permit is issued to excavate
a ROW.
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.
means any person, company, partnership, contractor, subcontractor,
agency or other public or private entity, excepting the town.
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.
means public utility commission of the state.
means the annual application process of the ROW user to use
any portion of the ROW.
means the document provided by the town, annually, upon approval
of the application for registration.
means the temporary or permanent construction work necessary
to make the ROW usable.
means area around excavation where the pavement and sub-grade
is impacted by an excavation.
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.
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.
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.
means person assigned by the ROW Manager to oversee inspections
of work conducted within the town's ROW.
means the ROW Manager of the town, or his/her designee.
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.
means a work activity that makes no material change to the
facilities and does not disrupt traffic.
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.
means the line that serves no more than two individual customers
or two meter banks.
means the paved portion of the ROW that has been constructed,
reconstructed, or resurfaced with concrete or asphalt or some other
surface.
means any sign, post or other marker, which rises above the
surface of the ground to show the location of an underground utility.
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.
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.
means the state manual on uniform traffic-control devices,
as it exists or may be amended.
The town and the town's officers and employees.
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.
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.
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.
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.
means excavation deeper than 24 inches. This shall include
linear trenches, holes, pits, etc.
means the V.T.C.A. Utility Code § 251.001 et seq.,
as it exists or may be amended.
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.
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.
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.
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)
Where surface-mounted markers are needed, curb-mounted medallions
shall be used whenever possible.
(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)
