[Adopted 2-26-1999]
A.
Any work performed by a public or private utility
company or its contractors, which work involves a physical disturbance
to any portion of the Town's rights-of-way, shall be subject to the
Town's Utility Construction Policy, dated February 26, 1999, and any
subsequent revisions or amendments thereto, which Policy is hereby
made a part of this article.
B.
Revisions or amendments to the Utility Construction
Policy, including fee structures, may be made by resolution of the
Town Council.
C.
The Town Council hereby delegates to the Public Works
Department the authority to administer and enforce the Utility Construction
Policy,
D.
All outside
storage tanks exceeding 25 pounds and not located at or above base
flood elevations must be secured in accordance with applicable guidelines,
rules, regulations and/or recommendation of the Federal Emergency
Management Agency (FEMA) and/or in accordance with individual provider
anchoring specifications. The effective date for proper anchoring
of all outside storage tanks as indicated above shall be no later
than June 1, 2014.
[Added 1-25-2013[2]]
E.
The Town of Fenwick Island, in accordance with its
long-term plan, desires that all utility lines be underground. Until
that goal is attained, all new utility poles will be located on the
same side of the street as the majority of the existing poles at the
end of the street rights-of-way and lot property lines.
[Added 1-23-2009]
F.
Any utility work to add or relocate permanent utility
service lines shall be accomplished by underground placement of the
services from the pole to house or building.
[Added 1-23-2009]
G.
Utility service to any new residential or commercial
construction shall be underground from the pole to the house at the
expense of the property owner or contractor building the house or
commercial structure.
[Added 1-23-2009]
H.
Replacement of existing services to an existing house,
structure or commercial building shall be underground at the expense
of the property owners when the replacement or new service costs exceed
50% of the value of the house, structure or commercial building.
[Added 1-23-2009]
I.
Open cuts in roadways shall not be permitted. In the
event no other options exist, road cuts or overhead connections in
lieu of road cuts may be considered. Such exceptions, when there is
no other alternative, will determined by the Town Manager and Public
Works Supervisor on a case-by-case basis.
[Added 1-23-2009]
J.
In cases where construction must use private property
for the boring setup, the contractor shall be fully responsible for
notification of the affected property owners and to obtain permission,
including easements, if necessary.
[Added 1-23-2009]
K.
The permittee shall be responsible for restoring the
rights-of-way, including the pavement surface, subsurface and drainage
facilities to their original condition upon completion of work.
[Added 1-23-2009]
L.
Disturbance of existing drainage shall not permitted.
Exceptions will be made only in cases where there is no alternative
as determined by the Town Manager and Public Works Supervisor on a
case-by-case basis.
[Added 1-23-2009]
M.
Appeals to the interpretation of this chapter will
be made to the Town Council. The decision of the Town Council shall
be final.
[Added 1-23-2009]
[1]
Editor's Note: Former § 61-17, Violations
and penalties, amended 7-31-1987, 9-30-1994 and 9-29-1995, was repealed
2-26-1999.
A.
Any person violating any provision of this article
shall become liable to the Town for any expense, loss or damage occasioned
by the Town by reason of such violation, including, but not limited
to, the Town's attorney's fees and costs of prosecution.
B.
Any person violating any provision of the article
shall, upon conviction therefor, be fined $100 for each and every
offense and shall pay the cost of prosecution and the appropriate
Victim's Compensation Fund assessment. Each failure to comply with
any of the requirements of this article and/or each and every day
during which such violation continues shall constitute a separate
offense.
[Amended 7-22-2011]
C.
The Town reserves the right to deny the issuance of
future permits to any person who violates the provisions of this article.
This provision shall in no way prohibit or limit the right of the
Town to bring legal action against the permittee.
