[Amended 1-9-2001 by Ord. No. 00-18]
A.Â
It shall be unlawful for any person to make a disturbance
in a part of any street, alley or public right-of-way of the City
unless a right-of-way disturbance permit has been first obtained in
accordance with the provisions of this article.
B.Â
For the purposes of this article, a "disturbance"
shall mean any penetration, including exploratory holes cut with probes
into a roadway surface, sidewalk or roadside property within any street,
alley or public right-of-way. Trenches dug for pipe installation will
be considered separate continuous disturbances from boring, taps or
other major connections.
A.Â
The City Engineer is hereby authorized and directed
to prepare suitable forms for applications to be made and permits
to be granted under the provisions of this article. Permit applications
shall be obtained from the Engineering Department.
B.Â
The Director of Public Works and the City Engineer,
with the approval of the City Manager, shall prepare and enforce suitable
rules and regulations regarding the of disturbance and restoration
in any street, alley or public right-of-way. Said rules and regulations
shall provide mandatory standards for comprehensive cutting, excavating,
backfilling, compacting and patching for all repair and restoration
work done in any street, alley or public right-of-way. Said rules
may be amended from time to time by the Director of Public Works and
the City Engineer, with approval of the City Manager, and shall be
on file for public inspection in the office of the City Clerk. In
all cases, an inspection charge of $25 plus $25 for overhead charges
shall be paid by the applicant for each permit issued.
Any person desiring to disturb any part of any
street, alley or public right-of-way of the City shall file with the
City Engineer, on a blank provided therefor, an application for a
permit to do the desired disturbance, which application shall state
the name of the applicant, the name of the street, alley or public
right-of-way, the kind of surface or pavement thereon, the purpose
of the proposed disturbance, and the exact size, length and location
of the proposed opening disturbance.
No permit shall be granted upon any application for a permit under this article unless the application shall give satisfactory assurances that the costs incidental to the restoration of the street, alley or public right-of-way will be paid. Before the City Engineer may issue a permit to make the disturbance described in the application, every person engaged in a street, alley or public right-of-way disturbance shall deposit sufficient funds with the City to cover the estimated cost of restoring the street, alley or public right-of-way in a manner satisfactory to the Director of Public Works consistent with the rules and regulations established pursuant to § 247-23 herein. The amount shall be based on $500 for each pavement patch, curb and gutter, driveway entrance and/or sidewalk disturbance, or $250 for each landscaped or grassed area disturbance. Where total lane removal and replacement is required as set out in § 247-26 herein, the amount shall be based on $8 per square yard, to be calculated by the City Engineer and included in the permit. Where, however, the nature of the proposed work is such as to require a series of disturbances, close together, and where, in the opinion of the City Engineer, it is impossible or impracticable to determine in advance the exact size and location of the desired disturbance, a permit may be issued covering such series of disturbances for such length of the street, alley or public right-of-way as may be deemed proper by the City Engineer.
When disturbances have been completed, the person
doing such work or being responsible therefor (hereinafter referred
to as the "permittee") shall immediately cause the street, alley or
public right-of-way to be restored to a condition equal to or better
than that which existed prior to performing the disturbance. The work
of, or connected with, the restoring of the surface or pavement of
the street, alley or public right-of-way, after such disturbance,
and the backfilling thereof, shall be done by the permittee under
the supervision of the Director of Public Works. Such restoration
shall include all work necessary to restore the street, alley or public
right-of-way to its original or better condition. Unless the City
is otherwise notified, in writing, of a delay, this work shall be
done within five days, excluding Saturday and Sunday, after completion
of the repair. If the surface or pavement area affected during construction
results in eight or more individual disturbances in one lane within
500 linear feet of a street or one block, whichever is less, the permittee
must remove 1Â 1/2 inches of asphalt by cold planing the top of
the existing lane and replace the removed asphalt to existing grade
with a minimum of 1Â 1/2 inches of surface mix asphalt constructed
in accordance with the most recent Virginia Department of Transportation
and City standards. The length of this type of lane repair shall begin
five feet prior to the first pavement disturbance, and extend five
feet past the last pavement disturbance. Should any work be defective
or incomplete, or should the permittee fail to correct the same within
five days after written notice from the Director of Public Works,
or his duly authorized representative, the City Manager, or his duly
authorized representative, may have such work corrected or completed
and the cost thereof may be recovered from the funds deposited with
the City upon issuance of the permit.
In an unforeseen emergency, when the necessities
of the public require, a disturbance to a street, alley or public
right-of-way may be made without a permit; provided, however, that
in such cases a permit shall be obtained not later than 72 hours after
such disturbance has been made. Any person commencing an emergency
disturbance without a permit as allowed herein thereby implies acceptance
of all requirements and conditions as set forth in this article.
Upon the granting of a right-of-way disturbance
permit and in all other cases herein provided for, it shall be the
duty of the permittee, before beginning any such work, to enclose
the place or places where such work is being done or to otherwise
afford adequate protection to persons and property and to street traffic.
The permittee shall post and keep posted at such place a placard or
placards that the work is being done with sufficient other information
thereon to give ample warning to those using such public place that
the same is being repaired. In addition thereto, there shall be sufficient
markings at night by amber light or otherwise so as to notify those
having the right to use the same that such public place or part thereof
is closed and to take such other measures as may be adequate at all
times to prevent injury to persons or property.
Nothing in this article shall be construed so
as to impose any liability upon the City for any act or omission of
the permittee or of any person acting pursuant to the authority of
such permit, nor shall inspection and approval by the City of any
work done pursuant to a permit be construed as imposing any liability
upon the City for any defective work, negligence or unauthorized act
or omission of a permittee or any other person acting pursuant to
the authority of such permit.
It shall be unlawful for any person to violate
or fail to comply with any provision of this article. Any person convicted
of violating or failing to comply with any provisions of this article
shall be fined a sum not to exceed $500 for each separate offense,
and each disturbance made in violation of the provisions of this article
shall constitute a separate offense.
The following activities shall be considered
exempt from the contents of this article.
A.Â
Contractors working for the city, by contract, to
perform repairs or improvements within a street, alley or public right-of-way.
B.Â
Work associated with a subdivision or plan of development,
approved by the city, that disturbs any street, alley or public right-of-way
as long as such disturbances and repairs are shown on the approved
plan. This shall not include contractors working for utility companies
installing gas, telephone, cable television or electrical mains and
services.
C.Â
The installation of a post or pole upon which a mailbox
or newspaper box is attached; provided, however, such installation
shall not be upon any paved portion of any street, alley or public
right-of-way.
D.Â
Landscaping, including small shrubbery, but not trees,
in any unpaved public right-of-way.
Nothing in this article shall be deemed to relieve
any person of the obligation to obtain a franchise for the use of
City streets, alleys or public rights-of-way when such franchise is
required under other applicable provisions of any state law or City
ordinance, resolution, rule or regulation. Any franchise granted previously
to a person shall not relieve that person from the responsibility
of complying with this article.
