[Amended 1-9-2001 by Ord. No. 00-18]
A. 
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. 
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. 
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. 
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 1 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 1 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. 
Contractors working for the city, by contract, to perform repairs or improvements within a street, alley or public right-of-way.
B. 
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. 
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. 
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.