(a)
The use of the ROW in any manner which violates federal, state, or
local laws, or town codes, article and regulations, including, without
limitation, those relating to health, safety, noise, environmental
protection, waste disposal and water and air quality, is prohibited.
All permittees shall provide satisfactory evidence of compliance with
the foregoing upon request of the town.
(b)
Permittee shall dispose of all material removed from the ROW and
any waste created by permittee in compliance with all state, federal
and local laws and requirements. Temporary storage of material may
be placed in a pile no higher than 30 inches and not obstruct a driver's
view.
(c)
If a permittee excavates any contaminated, regulated or hazardous
materials in the ROW, permittee shall be responsible for environmental
assessment, excavation, testing, transportation and disposal of that
material in accordance with applicable law. The permittee shall promptly
notify the town, orally, of the condition within two hours of discovery
of any contaminated, regulated or hazardous materials in the ROW,
and within eight hours provide the aforementioned information to the
town in writing. Permittee must consult with and receive written authorization
from the town before undertaking any of the steps/actions set forth
in this subsection.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The permittee and ROW user shall comply with all applicable
federal, state and local safety regulations and requirements, including,
by example and not limitation, the occupational safety and health
standards for the construction industry.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
A ROW user should consult the town's thoroughfare plan (TP)
prior to the acquisition of any interest in real property in the town
for the installation or relocation of service lines or other equipment
or facilities along or adjacent to any street, ROW, thoroughfare,
highway, or any proposed street, ROW, highway or thoroughfare to attempt
to minimize any future conflict regarding the location of such facilities.
All ROW users are charged at all times with constructive notice of
the TP subsequent to the effective date of this article. The town
shall, at a minimum, have no liability for the value of or loss by
a ROW user of any improvements constructed in the area shown on the
TP, except as provided herein. Typical locations of town facilities
are depicted in Figure 1, attached to Ord. No. 2024-12.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Permission is granted to a ROW user, subject to the requirements
of the town's tree preservation ordinance, as exists or may be amended
from time to time, to trim trees upon and overhanging the ROW, so
as to prevent the branches of such trees from coming in contact with
a ROW user's facilities. A ROW permit is required. Appropriate traffic
control is also required, and all ground surfaces must be restored
and cleaned from equipment usage. When so directed by the town, the
tree trimming shall be done under the supervision and direction of
the town. The town shall report damage or vandalism to the ROW user's
facilities as soon as practicable after the town discovers or learns
of such event. The ROW user shall make the necessary repairs or restoration,
including, but not limited to, cleaning of graffiti, as soon as practicable
but not to exceed seven days after the ROW user discovers or learns
of any misuse, destruction, damage or vandalism to its facilities.
Should the owner, its contractor or agent fail to remove such trimmings
within 24 hours, the town may remove the trimmings or have them removed,
and upon receipt of a bill from the town, the owner shall promptly
reimburse the town for all costs incurred within 30 calendar days.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The ROW user shall ensure that there is at least one employee
on the job site, during any type of work activity, who can read, write
and speak English fluently. The contractor shall maintain at all times
on the job site a responsible person authorized to receive and relay
instructions from the town.
(a)
The ROW user shall submit the "Daily Work Location Form" by 9:00
a.m. each day the user will be working.
(b)
The ROW inspector will promptly fill out and return the "Notice of
Violation Form" after a violation has occurred.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The town reserves the right, in the permit or otherwise, to
restrict or determine the route (pathway) and/or spatial location,
whether horizontal, vertical or depth, of any facility and/or structure
or improvement in the ROW. The town reserves the right to reserve
space for future utilities.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
After obtaining the permit and prior to commencing the work,
the permittee shall notify the ROW Manager, and shall commence and
complete all work within the time specified in the permit, unless
an extension of time is granted by the ROW Manager. No work shall
commence until erosion control measures (e.g. silt fence) and required
traffic control devices are in place as required by the ROW permit
conditions. 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, for an additional
30 days.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Except in the case of an emergency, whenever excavation is required
in the ROW adjacent to an occupied property, the ROW user shall notify
the property owner a minimum of 24 hours and a maximum of 72 hours
in advance of the activity through use of a door hanger, which shall
include the following information:
(b)
Vehicle and Equipment Identification:
(1)
This information must be displayed on each vehicle on site and on
both sides of the vehicle in a manner that is legible from a property
owner's porch. This shall include equipment such as bore rigs, excavators,
and vac-machines.
(c)
If ROW user MUST be on private property at any time during the scope
of the work, the ROW user is required to first get permission from
the property owner.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Every permittee and ROW user shall prosecute its work diligently
and in a good, safe, and workmanlike manner, and shall safeguard and
protect the public, using the street or ROW where the work is being
performed, from accidents or damage by placing barriers, lights and
other sufficient safeguards around all cuts, openings and excavation.
All material, implements and tools stored upon the premises and used
in connection with the excavation shall be stored in a safe and non-hazardous
manner. Cones must be placed around all trucks, reels, vac-machines,
or any other equipment that are allowed by the ROW Inspector to be
parked in the street.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The town reserves its right, as provided herein, to revoke or
suspend any permit, without refund of the permit fee, in the event
of a breach by the permittee of the terms and/or conditions of the
permit, this article and/or any other town ordinance. A breach of
the terms of the permit shall include, but not be limited to any of
the following:
(a)
The violation of any provision of the permit.
(b)
An evasion or attempt to evade any provision of the permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the
town or its citizens.
(c)
Any material misrepresentation of any fact in the permit application.
(d)
The failure to meet insurance, surety bond or indemnification requirements.
(e)
The failure to complete the work as specified in the permit.
(f)
The failure to correct a condition indicated on an order issued pursuant
to this article.
(g)
Repeated traffic-control violation.
(h)
Failure to protect facilities or repair facilities damaged in the
ROW.
(i)
Violation of any part of this article.
(j)
Recognition by the ROW Manager that a permit was issued in error.
(k)
Failing to comply with an order of the ROW Manager on the permit
and any other valid permit held by the ROW user.
(l)
Any safety violation or other action that threatens the health, welfare
and/or safety of the public as solely determined by the ROW Manager.
(m)
If the ROW Manager determines that the permittee has committed a
breach of any law or condition of the ROW permit, the ROW Manager
shall make a written demand upon the permittee to remedy such violation.
Continued violation may be cause for revocation of the permit or legal
action, or both. The ROW Manager may, in his/her discretion, revoke
the permit, provide specifications to cure the breach, or both. Within
five days of receiving notification of the breach, permittee shall
contact the ROW Manager with a plan, acceptable to the ROW Manager,
for correction of the breach. Permittee's failure to do so or permittee's
failure to timely implement the approved plan shall be cause for revocation
of the permit.
(n)
A representative of a franchise utility fails to attend two or more
utility coordination committee meetings within a 12-month period.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
(a)
It shall be unlawful for any person to make, cause or allow to be
made, any excavation, or to install, cause or allow to be installed
any tank, pipe, conduit, duct, tunnel, utility pole or other utility
or appliance in or under the surface of any street, alley, sidewalk,
ROW or other public place, at any location, other than that described
in the application for the permit and as shown on the plans filed
with the ROW Manager, and in accordance with the requirements of the
permit. If the circumstances appearing after the excavation is commenced
make it impossible to comply with the permit, the ROW Manager may,
in his/her sole discretion, grant a written waiver to take the circumstances
into account.
(b)
Failure to comply with requirements set forth in this article or
on any permit shall be cause for revocation of the subject permit
and of any other permits held by the same permittee until the violations
have been corrected or the ROW Manager has approved alternative requirements.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
No cut, excavation, grading or disturbing of the ROW, in any
way, shall be made, other than excavations necessary for emergency
work, without first securing a permit. For an emergency job, the ROW
user must submit a permit within two business days after the work
is commenced and clearly label the subject area of the permit as an
emergency. No person or ROW user shall, at any time, open or encumber
more of the ROW than shall be reasonably necessary to complete a project
in the most expeditious manner.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
At any time, the ROW Manager may order the immediate cessation
of any work that poses a threat to the health, safety or well-being
of the public. The ROW Manager may revoke the permit of any permittee
in any instance where there is a threat to the health, safety or well-being
of the public.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The ROW Manager may issue a written notice to the permittee
indicating work that does not conform to the terms of the permit,
applicable standards, conditions, codes or other applicable regulation.
Within ten days after issuance of written notice, the permittee shall
present proof to the ROW Manager that the violation has been corrected.
If such proof has not been presented within the required time, the
ROW Manager may revoke the permit.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Subject to applicable federal, state, and local laws, the ROW
user shall, upon the request of the town, which shall be in writing,
locate and/or relocate its facilities situated within any ROW, at
no expense to the town, where reasonable and necessary to accommodate
any town project. The written request provided by the town shall state
the date by with the relocation by the ROW user shall be completed
and a reasonable amount of time shall be provided by the town. When
relocation is necessitated by federal government requirements, which
includes reimbursements of costs, the town will reimburse applicant
for its proportionate share from funds provided to the town in such
reimbursements.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
In the event the town finds it necessary to move a ROW user's
facilities to protect the ROW, any town utilities and/or street, the
town shall notify the local representative of the ROW user. ROW user
shall promptly move or facilitate the relocation of the subject facilities
at ROW user's sole expense.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
(a)
A ROW user owning abandoned facilities in the ROW shall:
(1)
Remove its facilities and repair, at its sole expense, any damage
caused by the removal. The ROW Manager may allow some or all facilities
to remain if the ROW Manager determines same is in the best interest
of the public to do so; or
(2)
Provide information satisfactory to the town that the ROW user's
obligations for its facilities in the ROW have been lawfully assumed
by another authorized ROW user.
(b)
The facilities of the ROW user who fails to comply with this section,
and those facilities which remain unused for two years, shall be deemed
to be abandoned unless, within the aforesaid two-year period, the
town receives written confirmation and reasonable evidence, as solely
determined by town, that the ROW user intends to use the facilities.
The town may exercise any remedies and/or rights it has at law or
in equity, including, but not limited to, taking possession of the
abandoned facilities or requiring the removal of the facilities by
the ROW user at the ROW user's sole expense.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Placement of new utility support structures (poles) shall be
prohibited for electrical distribution lines with 60,000 volts and
less and all communication utilities, unless otherwise allowed by
an existing franchise agreement between the ROW user and the town
or a PUCT tariff. (This does not prohibit replacing existing poles
for maintenance purposes.)
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
All poles in the ROW shall be of sound material and straight,
and shall not interfere with the flow of water in any gutter or drain,
and shall be placed so as not to unduly interfere with vehicular and
pedestrian travel. All poles in the ROW shall be located within three
feet of the ROW. Poles with bases greater than 36 inches in diameter
shall not be placed within the ROW. Poles shall not be placed within
the center median of the street. The location and route of all conduits,
fiber, cables, utilities and facilities placed and constructed by
a ROW user in the construction and maintenance of its system in the
town shall be subject to the reasonable and proper control, direction
and approval of the town. The specifications in this article modify
the provisions of the American National Standards Institute. Incorporated,
the National Electrical Safety Code and such other codes and standards
that are generally accepted by the industry to the extent of any conflict.
Typical placement of poles and anchor guys along curvilinear streets
are shown in Figure two, attached to Ord. No. 2024-12. Placement of poles and anchor guys along curvilinear streets
shall comply with town ordinances and regulations.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The maximum dimensions for utility structures above the ground
in the ROW adjacent to streets are seven feet long (parallel to the
road), two feet wide (perpendicular to the road) and six feet in height.
For structures three feet or less in height, the width may be 44 inches.
This does not include poles. The height of utility structures shall
be measured from the lowest grade at any point 18 inches or less from
the side of the structure that faces the street to the highest point
of the structure. Utility structures exceeding those dimensions shall
not be located in the ROW adjacent to streets, unless otherwise approved
in writing by the ROW Manager. All aboveground facilities shall be
located outside of the corner visibility triangle at all intersections,
future intersections and all driveways. No aboveground facilities
may be placed in a parkway that is across from a median opening.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The user shall ensure all overhead lines are constructed and
maintained so that the minimum clearances are in compliance with the
National Electrical Code as it exists or may be amended.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
(a)
Nothing shall obligate or restrict a ROW user from exercising its
rights to enter into pole attachment, pole usage, joint ownership
or other wire space or facilities agreements with light and/or power
companies or with other wire-using companies authorized to operate
within the town.
(b)
A ROW user shall utilize existing pole space, conduit, and other
facilities whenever reasonably and/or economically possible.
(c)
Antennas must be mounted to the top of the pole, or flush to the
pole near the top, in a screen that is coated or painted an approved
color to match the pole to camouflage the installation.
(d)
Equipment, other than antennas, must be in an underground vault.
Vaults must be flush to the ground.
(e)
If the existing pole already has more than two existing riser/drops,
the pole must be replaced with a metal pipe and all wires and cables
must be run in a conduit inside the pole. The existing drops will
also be relocated inside the new pole and underground entry into the
pole through the foundation is required. When installation will result
in two or fewer riser/drops on the pole, the wires and cables may
be installed as a riser/drop in the conduit painted an approved color.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The ROW user shall rearrange its transmission media temporarily
as necessary to permit the moving of houses or other bulky structures.
The requesting parties shall pay the reasonable and necessary expense
of such temporary rearrangements. The ROW user shall in a reasonable
time frame and reasonable cost, remove its transmission media in connection
with the demolition of unsafe structures, including emergency or ordered
demolitions at no cost to the town. The ROW user may invoice the requesting
parties for the cost of this work, where applicable.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
(a)
All lane closures on any thoroughfare or collectors shall comply
with TMUTCD, and shall include a lane closure exhibit to be submitted
with the permit to the ROW Manager. The ROW Manager may require a
traffic-control plan. Arrow boards and message boards may be required
for lane closures on thoroughfares and collectors.
(b)
Except in an emergency, no thoroughfare or collector street shall
be closed on weekdays during the hours of 6:30 a.m. to 9:00 a.m. and
3:30 p.m. to 7:00 p.m. Every day of the week, all roadways shall be
open to traffic by sunset on the same day as the construction.
(c)
All lane closures require 24 hours notification of the police and
fire departments prior to closing. Such notification will be made
by the ROW Manager.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
(a)
Erosion control and stormwater management.
The ROW user
shall be responsible for stormwater management, erosion control and
excavation safety measures that comply with town, state and federal
guidelines. Requirements shall include, but not be limited to, construction
fencing around any excavation that will be left overnight, silt fencing
in erosion areas until reasonable vegetation is established, barricade
fencing around open holes, high erosion areas will require wire-backed
silt fencing, and the removal of slurry used when running boring equipment.
Upon request of ROW Manager, the ROW user may be required to furnish
documentation submitted or received from the federal or state government.
(b)
Dust control.
The ROW user shall ensure that the work
is conducted and site maintained to minimize blowing dust. At any
time dust leaves the job site so that it is a nuisance, the work will
stop until measures can be taken to eliminate the dust.
(c)
Traffic-control safety.
In the event of noncompliance
with the TMUTCD, the ROW user shall be notified of the violation.
In the event of continued noncompliance, the ROW Manager may revoke
the permit, in addition to any other remedies available to the town.
At any time the ROW Manager determines the work threatens public safety,
he/she may take immediate action as necessary including, but not limited
to, stopping all work, or have a third party make the repairs at the
expense of the applicant.
(d)
Responsibility for signs, barricades and warning devices.
The ROW user working in any ROW is responsible for the safe movement
of traffic, both pedestrian and vehicular, through the construction
area. The ROW user shall meet all requirements for barricading and
traffic control as specified in the TMUTCD.
(1)
Only those individuals who are qualified by means of adequate training
in safe traffic-control practices and have a basic understanding of
the principles established by applicable standards and regulations,
including without limitation, those in TMUTCD, may place and maintain
the traffic-control devices in a construction area.
(2)
The ROW user must either (A) subcontract the barricading to a firm
specializing in traffic control; or (B) submit the qualifications
and name(s) of employees to the ROW Manager for approval prior to
the work commencing. The ROW user must also submit a traffic-control
plan for review and approval by a town traffic engineer when required
by this article. All signs and barricades must conform to the requirements
of the TMUTCD.
(3)
All barricades, plates, and other traffic-control equipment must
conform to TMUTCD specifications and must be inspected and maintained
by the traffic-control representative.
(4)
All barricades, plates and other traffic-control equipment must display
accurate and sufficient information including without limitation,
the name of the ROW user.
(5)
Noncompliance with the TMUTCD shall be cited in writing. In the event
of noncompliance after citation, the ROW Manager may place the necessary
devices as required, and the ROW user shall reimburse the town for
all such expenses as well as $500.00 for noncompliance. Failure to
comply with this provision may result in denial of application for
future permits.
(6)
All traffic-control devices must be removed immediately upon completion
of work.
(7)
Streets shall be restored to existing conditions or better within
21 calendar days from the date that a portion of the street is closed
and/or opened to traffic by using a steel roadway plate unless the
ROW Manager grants approval to extend the time period and affected
property.
(e)
Duty to barricade.
At all times during construction
activity, the contractor and/or ROW user, as applicable, shall place
and maintain all necessary and proper barriers and other safeguards,
including without limitation, watchmen certified in accordance with
the safety training described in this article, if necessary, upon
and around the work and for the prevention of accidents, and after
daylight hours, shall place, maintain and keep suitable sufficient
lights, in accordance with the TMUTCD.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The permittee shall make the worksite accessible to the town,
and others as authorized by law, for inspection at all reasonable
times during performance of the work. All boring by a public service
provider along or across a public ROW which contains an existing storm
sewer or sanitary sewer must be checked with a camera upon completion
of boring activity. The camera recording must sufficiently record
storm sewer or sanitary sewer, and activity. The camera recording
of the existing storm sewer or sanitary sewer must be completed on
the same day the public service provider completes the boring activity.
A copy of the camera recording must be delivered to the ROW Inspector
within 24 hours of completion of the boring activity. In instances
where excavation has taken place the ROW user must notify the ROW
Inspector prior to backfill.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The department may require testing of materials used in construction
in or near the ROW to determine conformance with town construction
specifications, including, but not limited to, compaction tests on
backfill materials, sub-grade, aggregate base course, Portland concrete
(rigid pavement), asphaltic concrete (flexible pavement) and other
construction materials as deemed necessary by the Department. The
ROW user shall, at his expense, hire a testing laboratory with current
accreditation by the American Association for Laboratory Accreditation,
American Association of State Highway and Transportation Officials
(AASHTO) or another nationally recognized accreditation agency that
verifies compliance with ASTM E 329 and that demonstrates the laboratory's
capabilities to perform applicable ASTM or AASHTO test procedures,
as may be required.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Any person who shall cause to be made any excavation or obstruction
in any street or ROW shall not allow the same to remain there beyond
21 calender days or another time period required by the ROW Manager
for the completion of the work and/or removal of the obstruction,
and shall repair the subject portion of such street and/or ROW so
as to restore the same to its condition previous to the making of
such excavation or obstruction. It shall be the duty of such excavators
to protect the area while such condition exists and promptly to repair
the same so as to leave the street or ROW in as good condition as
before the excavation.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Nothing in this article shall be construed to prevent any person
maintaining any pipe, conduit or duct in or under any street, or ROW
by virtue of any law, article or permit, from making such excavation
as may be necessary for compliance with law or for the preservation
of life or property when the necessity arises, provided that the person
making the excavation shall notify the ROW Manager within 24 hours.
Except as specifically provided otherwise in this article for excavations
authorized by this section, permittee shall be subject to all fees
and requirements of this article.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Except in case of an emergency, there shall be no excavation
in any street without the prior written approval of the ROW Manager.
Any request for a permit to excavate a street shall include a description
of the proposed work and proposed restoration of the area, as well
as a statement of clear and convincing evidence provided to the ROW
Manager as to why alternate procedures cannot or should not be used
in lieu of excavating a street. All pavement cuts and repairs shall
be performed by a contractor with experience in street repair work.
Any damage to pavement outside the removal area shall also be repaired
subject to approval of the ROW Manager. All streets and alleys shall
be repaired from panel to panel unless otherwise approved in writing
by the ROW manager. All town pavement repairs shall comply with the
town's design standards.
(a)
Responsibility of excavated area maintenance. A permittee or ROW
user shall maintain its repairs in the ROW for two years from the
completion date of any repair. The town reserves the right to require
a maintenance bond on any work that is deemed substantial.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
(a)
The work to be done pursuant to the permit and any repair and/or
subsequent restoration of the ROW must be completed within the dates
specified in the permit. In the event of circumstances beyond the
control of the permittee or when work is prohibited by unseasonable
or unreasonable conditions, the ROW Manager may, in his/her sole discretion,
extend the dates on receipt of a substantiated supplementary application
for a permit extension.
(b)
All earth, materials, sidewalk, pavement, utilities, conduits, crossing,
irrigation, landscaping, monuments, manhole covers, valve covers,
meter box lids or improvements of any kind, which are owned or possessed
by the town, and damaged, disturbed, or removed by a ROW user shall
be fully repaired promptly by the ROW user, at its sole expense, to
the reasonable satisfaction of the ROW Manager.
(c)
After any excavation, the ROW user shall, at its expense, restore
the ROW, trench envelope, pavement structure and the surrounding area,
to the same or better condition than it was prior to the excavation.
The restoration shall be made in accordance with specifications set
forth herein, and the repair shall endure without failure for two
years from the completion date of any repair.
(d)
In the event the ROW user fails to restore the ROW in the manner
and to the condition required herein, or fails to satisfactorily and/or
timely complete all restoration, the town may, at its option, serve
written notice upon the ROW user that, unless within five days after
serving of such notice a satisfactory arrangement can be made for
the proper restoration of the ROW by the ROW user, the town may take
over the work and prosecute same to completion, by contract or otherwise,
at the sole expense of the ROW user, and ROW user, and its surety,
shall be liable to the town for any and all cost incurred by the town
by reason of such prosecution and completion including, without limitation,
the applicable public inconvenience penalty. Nothing contained herein
shall limit any other remedies available to the town.
(e)
If any excavation cannot be backfilled immediately, the ROW user
shall securely and adequately cover the excavation and maintain proper
barricades, safety fencing and/or lights as required, from the time
of the opening of the excavation until the excavation is surfaced
and opened for travel.
(f)
In all ROW restoration, the ROW user guarantees its work and shall
maintain it two years from the date of completion of any restoration.
During the period following completion, the ROW user shall, in the
event of any failure of the restoration, and upon notification from
the ROW Manager, reimburse the town for pavement restoration costs
as provided for in this article. Additionally, the ROW user, in the
event of such failure, shall within 48 hours of notice from the town,
repair the subject trench envelope.
(g)
The two-year guarantee period shall be applicable to, among others,
failure of the pavement surface as well as failure of the trench envelope.
Notwithstanding remediation of the pavement structure by the town,
the ROW user retains repair responsibility at all times during the
guarantee period for the trench envelope. In locations where two or
more ROW users have made repairs in the exact same location, the last
ROW user to excavate shall be responsible for the two-year guarantee
in that location, unless the ROW Manager determines, in his/her sole
discretion, that a failure was most likely a result of work performed
by another ROW user. That ROW user shall be responsible for the two-year
maintenance period.
(h)
All street excavations shall be perpendicular excavations, unless
otherwise approved by the ROW Manager. Excavations in streets, which
are not perpendicular excavations require: (1) block-to-block and
curb-to-curb pavement reconstruction; or (2) other method of repair
approved by the ROW Manager. All repairs shall be equal to or better
than those which existed prior to the commencement of any work.
(i)
No trench shall be opened for the purpose of laying pipes, conduits
or ducts for a distance greater than can be backfilled on the same
work day before sunset. Any variance from this requirement must be
granted in writing from the ROW Manager prior to work beginning.
(j)
Temporary Lines:
Upon failure of an owner to perform
restoration from the result of installing a temporary line, and five
days after written notice has been given to the owner by the town,
and in the event restoration has not been initiated during such five-day
period, the town may repair such portion of the public ROW as may
have been disturbed by the owner, its contractors or agents. Upon
receipt of an invoice from the town, the owner will reimburse the
town for the costs so incurred within 30 calendar days from the date
of the town invoice.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Unless otherwise specified in the permit, restoration of the
pavement of any street, alley, ROW or other public place shall be
performed by the permittee.
(a)
No trench shall be opened in any street for the purpose of laying
pipes, conduits or ducts more than 200 feet in advance of the pipe,
conduit or ducts being placed in the trench, other than with the prior
written consent of the ROW Manager.
(b)
All excavations shall comply with the town construction standards,
as amended, and requirements of this article. Unless otherwise required
by town standards, as amended, or if unusual conditions are encountered,
the ROW Manager may require new standards for compaction, backfill
and pavement restoration.
(c)
Any excavated pavement, debris and/or other rubble shall be removed,
together with any surplus material, within one working day from the
time such material is placed upon the street. After backfilling is
completed, and prior to repaving the cut, the ROW user shall remove
all loose paving material and trim the edges of the excavation at
the street surface to the satisfaction of the ROW Manager.
(d)
Whenever any caving occurs in the sidewalks of any excavation, the
pavements above such caving shall be cut away, trench backfilled,
compacted and sidewalk pavement restored. In no case shall any side
or lateral tamping fill any void under a pavement.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The ROW user will maintain the excavated area until permanent
pavement restoration of the excavated area is complete. The ROW user
shall make the final repairs within seven days on thoroughfares and
collector streets and within 21 days on residential, local and alley
streets after the ROW Manager makes final inspection. Backfill failures
shall remain the responsibility of the ROW user.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
In case the pavement or the surface of the street, alley, or
ROW in, over or near any excavation should become depressed, cracked
or broken at any time or fails in any way at any time after the excavation
has been made and during the two-year warranty, the ROW user shall
comply with any applicable obligations of this article, including,
without limitation, reimbursement to the town of the cost to restore
the street and/or ROW.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
In the event any work governed by this article is not completed
by the ROW user within the time required or in accordance with the
specifications required herein or by the ROW Manager, the ROW Manager
may cause such work to be performed as is necessary to secure the
work area to a safe and passable condition. The ROW user shall reimburse
the town for the costs of securing the site.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
All construction work in the streets, ROW, sidewalks and public
places of the town is declared to be subject to the exclusive control
of the town, and whenever, in the sole opinion of the ROW Manager,
any such work shall not have been duly completed within a reasonable
time or shall have been executed in a defective manner, whether because
of bad workmanship or materials or because not true to the lines or
grades or specification therefor given to him by the ROW Manager,
then upon written demand or notice from the ROW Manager, such ROW
user or contractor shall promptly remedy, complete and/or remove and
reconstruct such incomplete or defective work all as the ROW Manager
may require, and these provisions shall also apply to all repair and
maintenance work. If the contractor or ROW user shall fail or refuse
to do so within a reasonable time to be specified by the ROW Manager,
then, if required by the ROW Manager, such work shall be completed
or corrected or removed and wholly or partially reconstructed by the
town, in such a manner as in the opinion of the ROW Manager may be
necessary to make such work as good as originally required, and such
work may be done by contract or otherwise, under the direction of
the ROW Manager, and the contractor or ROW user shall reimburse town
for any and all cost incurred by the town performing the work described
in this subsection.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
In every case, and at all times, the work of removing from the
ROW all obstructions, surplus materials, debris and waste matter of
every description caused by and/or accumulated from the excavation
shall be the sole responsibility of the ROW user. The ROW user shall
maintain the area on and around the excavation and related to the
work in a clean, safe, and orderly fashion at all times during the
conduct of the excavation and shall clean the same area upon completion
of the work. Streets shall be cleaned by use of a regenerative air
or vacuum street sweeper. All Traffic Control devices must be removed
at the completion of each work day and then re-established the next
working day. The ROW user shall clean the surrounding area, as outlined
above, within one day upon completion and approval of all trench work
and pavement restoration unless the ROW Manager, sufficient reason
therefor having been given to his/her satisfaction, grants a written
extension of time.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
When the work under permit hereunder is completed, the permittee
shall notify the town in accordance with the requirements placed on
the permit. The town will schedule a final walk-through with the contractor
to develop a final punch list of items to be remedied.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
Any permit issued prior to the adoption of this article will
remain subject to the terms and conditions of town article and requirements
in effect at the time of issuance of the permit and is not affected
by this article, except that, upon expiration or conclusion of the
permit, a new or renewal permit must be obtained in accordance with
this article.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
