(A) A person commits an offense if the person performs any construction within a public right-of-way without first obtaining a construction permit from the Engineering Department prior to the start of construction. A person who undertakes any work outside of the public right-of-way that will cut, break, or otherwise damage the public right-of-way shall also obtain a construction permit. Any crossing of public right-of-way either by open cut or boring shall apply for a construction permit.
(B) It is a defense to prosecution for a violation of division (A) above that the person performs construction within the right-of-way without a permit because of an emergency situation.
(C) A person who undertakes work on behalf of a developer or public service provider to construct utilities to serve a new subdivision, where such work is in a proposed right-of-way, shall obtain a permit prior to the start of construction. All work performed within the right-of-way proposed to be dedicated to the city shall be performed in accordance with the requirements of this chapter.
(D) Prior to obtaining a permit, the public service provider must be registered with the city.
(E) A construction permit is not required if the activity in the public right-of-way consists exclusively of:
(1) Routine maintenance or repair of facilities that does not involve any of the following: the cutting or breaking of pavement or a sidewalk; the closure of a traffic lane for longer than 24 hours; boring; or excavation greater than 500 cubic feet; or
(2) A connection of real property to a utility service on the same side of the public right-of-way, if the connection does not require a pavement cut in the right-of-way; or
(3) The replacement of a single damaged pole and associated work within a ten foot radius of the damaged pole; or
(4) Installation of aerial lines on existing poles, or installation of aerial lines on not more than ten new poles; or
(5) The installation of fire hydrants.
(F) The following procedures and requirements govern the application for and issuance of a permit to perform construction within the public right-of-way:
(1) Permit application.
(a) A permit application must be made in writing on a form obtained from the Engineering Department. The application must be signed and submitted by the permittee on behalf of the owner of the facility for which the permit is requested. The application for permit must be filled out completely and accurately. Any omissions or inaccuracies on the form may be cause for denial of the permit at the city's discretion.
(b) A permit application must be submitted to the Director in accordance with the time frames specified in the Public Right-of-Way Permitting and Construction Manual.
(c) The Director shall state on the permit any reasonable additional restrictions or requirements determined necessary. These additional restrictions or requirements shall be considered a part of the permitted activity.
(d) The permittee shall, as an express condition of the permit, comply in all respects with the requirements prescribed for the permitted activity in the Public Right-of-Way Permitting and Construction Manual and with all other city ordinances and state or federal laws or regulations affecting the permitted activity.
(2) Construction plan. The permit application on any project must include submittal of construction plans to the Engineering Department. The plans must conform to the standards set forth in the Public Right-of-Way Permitting and Construction Manual. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the State of Texas.
(3) Storm water pollution prevention plan. The permittee shall submit with the permit application two sets of a storm water pollution prevention plan to the Engineering Department in cases where stream crossings are open cut.
(4) Traffic control plan. Any work that may impact traffic flow or result in lane closures in any street shall comply with the requirements of the most current edition of the Texas Manual on Uniform Traffic Control Devices.
(5) Trench safety plan. Trench safety systems shall meet U.S. Occupational Safety and Health Administration standards and requirements.
(6) Project documentation. Except in an emergency situation, the city recommends that the permittee provides the Director a video tape in VHS format or photographs of the project site before commencement of the work. The video or photographs shall show fences, driveways, landscaping, roadways, sidewalks, mailboxes, and other improvements along the length of the project.
(G) Construction in the public right-of-way may commence prior to obtaining a permit if the public service provider determines a valid need to perform work due to an emergency situation. The public service provider shall give immediate verbal notice, including the reasons for the emergency situation, to the Director. The public service provider shall provide a written description of the work required by the emergency situation and submit an application for a permit not later than the second business day following commencement of the emergency situation,
(H) If no construction has commenced under a permit within 90 calendar days after issuance of the permit, the permit becomes null and void, and a new permit is required before construction may be performed in the public right-of-way. The Director may grant an extension to a permit only before the permit expires.
(Ord. 06-2006-46, passed 6-13-06) Penalty, see § 157.99