(A) Compliance. No person, organization, public service utility or franchise grantee shall be issued a permit for construction and maintenance upon, over, along, across and under present and future public rights-of-way without first having complied with § 150.47(B) or (C) as applicable.
(B) Classes of permit. There shall be 2 classes of permit.
(1) General permit. Public service utilities and franchise grantees may be issued a general permit by the Town Engineer. This permit authorizes the permittee to perform each of the following types of work on a repetitive basis.
(a) Above ground.
1. Any appurtenance located not less than 10 feet from the edge of the traveled way. NOTE: Gas meters must meet the additional requirement of being located within 1 foot of the right- of- way property line.
2. Appurtenances other than gas facilities located less than 10 feet from the edge of the traveled way not protruding more than 2 inches above the surface.
3. Emergency work as necessary to protect health, safety and welfare of the public.
(b) Below ground.
1. Emergency work as necessary to protect health, safety and welfare of the public.
2. Work done in providing Blue Stake locations of utility lines or appurtenance.
(2) General permit performance criteria.
(a) All construction shall comply with standards established in this subchapter.
(b) Each installation shall be reported by the permittee on the Monthly Summary of Utility Rights-of-Way Work form, as in Exhibit “E”, provided by the Town Engineer.
(c) The Town Engineer may request compaction testing to verify compliance with this subchapter.
(d) Timeliness.
1. All construction and maintenance shall be accomplished at such time and in such manner as to be least inconvenient to the traveling public.
2. All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. This shall not apply to emergency work. Work in progress may be allowed to continue until the time specified by the Town Engineer.
(e) The permittee shall be responsible and liable for replacing and restoring the disturbed rights-of-way; including but not limited to the paving, sidewalk, driveway, surfacing, planting and ground cover; in as good condition as it was prior to disturbance. The permittee shall not be responsible for replacing and restoring improvements that have been disturbed in the rights-of-way, if these improvements constitute a hazard in the rights-of-way, and the permittee has applied for and received approval from the Town Engineer not to replace or restore the improvements.
(f) Work not specified by the General Permit may be authorized under the project permit.
(3) Project permit. Persons, organizations, public service utilities and franchise grantees, which apply for construction and maintenance projects not specified by a general permit, may be issued a project permit by the Town Engineer.
(C) Conditions for issuance of a project permit. A project permit may be issued by the Town Engineer provided the applicant signs the permit application agreeing to all of the following terms and conditions pertaining to the permit; plus any additional conditions specified by the Town Engineer in the project permit.
(1) Appurtenances. The exact location of the appurtenance relative to the right-of-way boundary shall be submitted with the application for a project permit.
(a) No valves, closures, transformers, standing pipes, poles and the like will be allowed in any surface drainage ditch that requires maintenance.
(b) All utilities will be placed in utility easements as close to right-of-way lines as feasible.
(2) Lines under pavement. All service lines located below pavement shall be not less than 30 inches below the pavement surface at any point under the pavement, unless connecting to existing lines that are less than 30 inches below pavement. In such cases, lines shall be no higher than the existing lines. Lines located below pavement in solid rock, as defined in § 150.043, shall be not less than 24 inches below the pavement surface at any point under the pavement, unless connecting to existing lines that are less than 24 inches below pavement. In such cases, lines shall be no higher than the existing lines. Lines out of pavement must be 30 inches below the surface for maintenance purposes.
(3) Liability.
(a) The permittee shall be responsible and liable for any disturbance, injury or damage to all rights-of-way, including but not limited to surfacing, planting and ground cover and to utility property below, in and above the same rights-of-way.
(b) The permittee shall be responsible and liable for replacing and restoring the disturbed rights-of-way; including but not limited to the paving, sidewalk, driveway, surfacing, planting and ground cover; in as good condition as it was prior to disturbance. The permittee shall specify the details of all replacement work, including any deviations from the existing condition. The permittee shall not be responsible for replacing or restoring improvements that constitute a significant impediment to the maintenance of the roadway or appurtenances or that constitute a hazard in the right-of-way; and the permittee has applied for and received approval from the Town Engineer not to replace or repair.
(c) The permittee shall be responsible and liable for, and shall hold the town harmless from: any injury or damage to any person, animal or vehicle, which may be using the rights-of-way in a lawful manner, caused by or arising out of the exercise of the permit. The permittee shall be responsible and liable for all maintenance work on any property to which he has title and possession after the construction time limit has expired.
(d) The permittee shall be responsible and liable for, and shall hold the town harmless from allowing any condition to exist, which may be a hazard or source of danger to the public.
(e) A certificate of insurance shall be submitted with the permit application. When the total cost of furnishing equipment, labor and materials exceeds $1,500. This certificate shall verify Comprehensive General Liability coverage of not less than $1,000,000 per occurrence and $2,000,000 aggregate, and shall name the town as additional named insured. Utility companies may choose to submit a certificate of insurance upon application for a general permit. This coverage shall be in force for a period of 1 year from the date of issuance of the general permit.
(f) Applications for work that is to be performed by licensed contractors shall include verification of licensing as required by the state’s Registrar of Contractors. The Town Engineer may require additional insurance, performance bonds or other bonding for large projects.
(4) Cost; expense. Unless otherwise agreed, the town shall not bear any cost or expense for construction and maintenance.
(5) Pre-construction and maintenance conference. The Town Engineer may require the applicant to attend a pre-construction and maintenance conference.
(6) Timeliness.
(a) All construction and maintenance shall be accomplished at such time and in such manner as to be least inconvenient to the traveling public.
(b) All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. Work in progress may be allowed to continue until the time specified by the Town Engineer provided:
(c) The provisions of § 150.046(C)(6) shall not apply to emergency work.
(7) Traffic and traffic control.
(a) Traffic adjacent to and within the construction area shall be controlled in accordance with the “Manual of Uniform Traffic Control Devices” (MUTCD). The Town Engineer may require signs, flaggers, pilot cars and other devices and methods. A control plan shall be submitted with the application before the permit is issued.
(b) The permittee shall give notification to the Town Engineer no less than 2 working days before work is to begin or before work is to re-commence after stoppage.
(c) The permittee shall not partially or fully block rights-of-way to pedestrian or vehicular traffic under any circumstances without a valid permit. Whenever possible, 1-way traffic shall be maintained. In no case shall blockage of emergency vehicle access be permitted. Notification shall be given to the Chief of Police and the Chino Valley Fire Department.
(d) If flaggers are needed to control traffic, Flaggers will be certified or show proof of having training on the correct flagging procedures, as set forth in the (Manual of Uniform Traffic Control Devices) M.U.T.C.D.
(e) When flagging, flaggers will use a stop and slow paddle or in the case of emergencies a red 24 inches by 24 inches flag until a stop and slow paddle can be obtained.
(8) Notification to the Town Engineer.
(a) The Town Engineer shall be notified after any trench or excavation has been backfilled, but before placement of any pavement courses;
(b) After placement of final pavement course; and
(c) After completion of all work.
(9) Routine and final inspections.
(a) The Town Engineer may routinely inspect work authorized by the permit at any time.
(b) The Town Engineer shall perform a final inspection of all work authorized by the permit.
(c) Following final inspection of all work authorized by the permit, the Town Engineer shall determine if the completed work conforms with the permitted work.
(d) In addition, the Town Engineer may request compaction testing be performed at the expense of the contractor to verify compliance with this subchapter.
(10) Actions resulting from non-compliance.
(a) The Town Engineer shall notify the permittee in writing that work is not in compliance.
(b) If the permittee does not correct such deficiencies within the time specified by the Town Engineer the Town Engineer shall immediately proceed to correct the deficiencies and collect all costs from the permittee plus 28% administration fees.
(c) Additional penalties may apply, pursuant to this subchapter.
(11) Cancellation of permit. The Town Engineer may immediately cancel and thereby revoke the rights provided by either a general permit or a project permit if he or she determines that, during the life of the permit, the permittee is conducting the work permitted in a manner so as to endanger the public or themselves or if the work is not proceeding acceptable to the Town Engineer.
(12) Removal and abandonment of facilities within the right-of-way.
(a) The Town Engineer may, upon written notice, require the permittee to remove or abandon in place as specified by the Town Engineer, all property to which the permittee has title or which has been rented or leased by the permittee, if the right-of-way is needed by the town.
(b) Whenever a permit is canceled by the Town Engineer, the permittee shall be responsible and liable for replacing and restoring the disturbed rights-of-way; including but not limited to the paving, sidewalk, driveway surfacing, planting and ground cover; in as good condition as it was prior to disturbance, pursuant to § 150.046(C)(3)(b).
(2001 Code, § 7-10-7)