(a) The purpose of this Chapter 901 is to provide requirements for the use or occupation of any and all rights-of-way and Public Property in the Village, the issuance of Permits to Persons or Businesses for such use or occupancy and to set forth the policies of the Village related to rights-of-way.
(b) The policy of the Village with regard to Excavation (rights-of-way) is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of Rights of Way for the public health, safety and welfare and to promote economic development in the Village;
(3) To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the Village's citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the Village, Franchisees, and Permittees in the occupation of rights-of-way, and work therein, in order to minimize public inconvenience during work in the rights-of-way and avoid uneconomic, unneeded and unsightly duplication of facilities;
(5) To ensure adequate public compensation for the regulation of the private use of the rights-of-way and the regulation thereof; and
(6) To promote and require reasonable accommodation of all uses of rights-of- way and to establish the following priority of use of rights-of-way, when all requested usage of rights-of-way by Permittees cannot be accommodated:
A. Use by the Village;
B. Use by another governmental entity with Village's concurrence or other uses required by law;
C. Telecommunications and Utility and General Permittees and Franchisees shall have third priority;
D. Special Permittees shall have fourth priority; and
(c) Residential Permittees shall have the fifth priority; provided, however, that the Service Superintendent may reasonably require rights-of-way Permittees and Franchisees to cooperate to accommodate use by other Permittees and Franchisees and provided further that the Village Administrator may alter this priority when the Service Superintendent or reasonably determines a deviation here from to be in the public interest.
(d) Authority. Chapter 901 of the Village of Ashville Code requires any person or agency desiring to excavate in or to occupy Public Right-of-way for any purpose whatsoever to first obtain a permit. Such permits are issued by and through the Planning and Zoning Department in accordance with the provisions of this regulation.
(e) Type of Permits. There are three types of permits:Excavation, Occupancy and Blanket.
(1) Excavation permits: This type of permit is required when excavating within the right-of-way of any public street or alley. The work covered by this permit includes excavations in street or alley pavement, sidewalk or driveway, or the non-paved area within the right-of-way for any purpose whatsoever.
(2) Occupancy permits: This type of permit is required when it is necessary to occupy, limit access to, or close the right-of-way of any public street or alley with vehicles, equipment or materials for an extended period of time for the purpose of providing services to any privately owned utility, building or property or for planned activities, demonstrations or similar event requiring the partial or complete closure of the right-of-way.
(3) Blanket permits: This type of permit is only available to applicants that routinely utilize public right-of-way for the maintenance, repair, or service of privately owned and operated utilities. Any significant expansion of or repair to an existing private utility system requires a separate excavation permit. Blanket permits may be issued at the discretion of the Village to other businesses, e.g. tree planting/trimming operations, street light installations etc., which frequently work within the right-of-way in multiple locations and over an extended period of time with minimal impact to traffic. Blanket permits require the establishment of aten thousand dollars ($10,000) bond, letter of credit, or other surety acceptable to the Village Administrator and are issued for a one-year period beginning January 1st of each year. In all cases, recipients of blanket permits are subject to the traffic maintenance requirements of Section 901.10
and responsible for notifying the Village of the proposed work and schedule.
(4) Not Transferable: Permits and rights of Permittees are not transferable without the express approval of the Village of Ashville.
(f) When Required. Permits are required when placing, extending, or repairing any pipes, conduits, wires, meter pits, roadway structure or appurtenances, working on or in a building or for any other purpose requiring the use of public right-of-way. Right-of-Way permits are not for, nor will not be issued for street vendors acting independently or as part of a large planned activity or for routine service to mail boxes or newspaper distribution boxes. The Village of Ashville, its contractors and agents are exempt from the requirements of this section.
(g) Application and Review. Requests for excavation or occupancy permits shall be made through the Village Planning and Zoning Department. All requests shall be on approved forms and shall conform to Section901.04
. No work may begin until a permit has been approved, except as provided for in Section901.07
.
(1) Occupancy permits. Requests to place equipment, supplies or materials into or otherwise occupy or barricade the right-of-way of any improved or unimproved street, alley or public way shall be subject to approval at the time of application provided required fees are paid in full. Permits are not required for motorized service vehicles (e.g.lawn care, delivery or other service related businesses) legally parking or occupying any parking zone. Construction related equipment making limited deliveries such as the off- loading of landscaping or building materials, masonry block, stone or concrete deliveries, and taking less than one hour to do so, do not require permits however must adhere to the traffic control requirements as set forth in Section 901.10
. Construction equipment or materials requiring the stationary occupancy of the right-of-way for periods greater than one hour such as the use of cranes or other hoisting equipment or stockpiling or storage of materials or supplies must obtain an occupancy permit in accordance with this section.Waste containers or other trash collection receptacles placed within a public roadway, alley or sidewalk require an occupancy permit and are subject to the requirements of Section 901.15
. When the permit is for a full road closure, permit request shall be submitted at least 10 working days in advance. When a full closure is for a major planned event requiring the establishment of traffic detours or other special measures to ensure proper traffic circulation, the submittal shall be a minimum of 20 working days in advance. All occupancy permit applications shall be submitted in accordance with subsection (d) hereof shall be reviewed by the Service, Utility, Building, and the Police Departments; if it is determined that police involvement is required for the requested work.
(2) Excavation permits. Requests to work within or to dig into or open holes, ditches or trenches within the right-of-way, but outside of any paved roadway, shall be subject to approval at the time the application is submitted and required fees or deposits are paid in full. Requests to work within or to dig into or open holes, ditches or trenches in the roadway pavement of any improvedstreet, alley, or public way shall be submitted, allowing up to 5 working days for approval in order to provide opportunity for review. A single application can be submitted for multiple excavations however all work is to be completed within 180 days and each excavation site is subject to the advance notification requirements of subsection (f) (1) hereof.The permit request shall include all plans, details and specifications as set forth in Section 901.05
for all work being applied for in the permit. When the request requires partial or complete closure of a road, a proposed traffic control/detour plan must be submitted with the permit application. Work requiring lane restrictions or road closures is subject to the additional advance notification requirements of subsection (f) hereof. Submitted plans shall be reviewed by the Engineering, Service, Building, Utility and Police Departments.
(h) Permit Issuance and Reissued Permits. A permit shall be issued by the Planning and Zoning Department after a permit application has been reviewed and approved within the time frames established in subsection (d) hereof. Permits shall be issued for a maximum period of 180 days. It will be the applicant's responsibility to resubmit for another permit in the event an approved permit has expired. Fees for a reissued permit are in Section 901.08
(a). The Village Contracted Engineer may with Village approval approve permits for extended time periods for major construction areas, highway improvement plans or ongoing maintenance operations.
(i) Advance Notification Requirements for Approved Excavation Work. This notification is in addition to the time required for initial permit review and shall apply to all work requiring excavation within the public right of way. Acceptable notification shall be by fax machine to the Village Contracted Engineer, attention Right of Way Inspection. Fax notifications must include the approved permit number, contractor name and telephone number and the proposed work schedule. Work commencing without appropriate notification shall be subject to the Village ordering the work to cease until all required notifications and meetings have occurred.
(1) Minimum notification. A minimum 24-hour advance notification shall be made to the Contracted Engineer or Right-of-way designee for all projects requiring any excavation work whatsoever within the public right-of-way except for sidewalk and driveway approach work that must meet the requirements of Section 901.07
(a).
(2) Lane closures. Prior to beginning a lane closure of any roadway, a minimum of (3) working days advance notice shall be provided contacting the Contracted Engineer or Right-of-way designee as indicated on the permit.
(3) Full closure. Prior to implementing the complete closure of a street, a minimum of (5) working days advance notice shall be provided to allow for proper notification of Safety and Emergency Forces, local industry and businesses as deemed necessary by the Village. The permittee or his agent shall contact the Contracted Engineer or Right-of-way designee as indicated on the permit to establish the construction schedule.
(j) Liability. The issuance of an Excavation or Occupancy Permit does not relieve the agency or agent requesting the permit from liability for any damage that might occur to the roadway, the public, or personal property while performing work authorized by the permit.
(k) High Impact Areas. For purposes of this regulation, High Impact Areas are defined below. High impact areas may require the additional approval of other government agencies as well as special construction and restoration materials, specifications and procedures.
(1) State Route 752 and 316, Circleville Avenue, Long Street, and Main Street.
(2) Downtown Improvement Areas.
(l) Residential Development Areas. Individual Right-of-Way permits are not required for new residential home sites, or existing home sites being extensively modified, that require excavation within the right-of-way or dedicated utility easements, for the purpose of installing or modifying utility services or for the installation or improvement to driveways and sidewalks or for the adjustment of property grades. Residential home sites shall be subject to inspection and approval by the Village Right of Way Inspector designee prior to issuance of a certificate of building occupancy and are subject to an inspection fee in accordance with Section 901.07
payable through the Building Department at the time a building permit is submitted.
(Ord. 2008-11. Passed 12-15-08.)