(a) In addition to the other requirements of this article, a pavement cut, excavation, or repair, or the placement of an above ground utility structure, necessitated by or as a result of construction inside or outside of the public right-of-way must comply with all of the requirements contained in this section.
(b) General.
(1) A pavement cut in the public right-of-way, or the placement of an above ground utility structure either in or outside of a public right-of-way, may be made prior to obtaining a permit only if a valid need to perform emergency activity exists. Immediate notice, including reasons for the emergency activity, must be given to the director. An application for a permit must be made not later than the second business day following commencement of the emergency activity.
(2) A pavement cut that is made in a concrete street that has a paving condition index of 70 or higher as shown on the City of Dallas Paving Management Database will require that, in addition to repairs made in compliance with the Pavement Cut and Repair Standards Manual, replacement of the entire concrete panel from joint to joint.
(3) A pavement cut that is made in an asphalt street that has a paving condition index of 70 or higher as shown on the City of Dallas Paving Management Database will require that, in addition to repairs made in compliance with the Pavement Cut and Repair Standards Manual, a surface treatment must be applied that consists of slurry seal or micro-surfacing, or an equivalent method approved by the director, for the purposes of sealing the repair edges of the cut and maintaining uniformity in appearance with the surrounding street surfaces. No surface treatment is required if the repairs are made to match pavement color and are approved by the director. The application of slurry seal or micro-surfacing must be made to the entire block of the street in which a cut is made. For an undivided street, the application must be made from curb to curb, and for a divided street, from median curb to outside curb. The City of Dallas Slurry Seal and Micro-surfacing Specifications, as amended, will govern design, material, testing, and construction of surface treatments.
(4) The permittee and any person responsible for construction shall protect the public right-of-way surface, drainage facilities, and all other existing facilities and improvements from excavated materials, equipment operations, and other construction activities. Particular attention must be paid to ensure that no excavated material or contamination of any type is allowed to enter or remain in a water or wastewater main or access structure, drainage facility, or natural drainage feature. Adequate provisions must be made to ensure that traffic and adjacent property owners experience a minimum of inconvenience.
(c) Five-year maintenance period.
(1) All construction must be done in a good and workmanlike manner and in faithful and strict compliance with the permit, this article, other city ordinances, and regulations promulgated by the director relating to construction within the public right-of-way.
(2) All construction performed under any permit granted to a permittee by the city under this article must be maintained to the satisfaction of the director for five years after the date of completion of the construction or repair.
(3) Any damage to, or any defect or other problem in, the permitted construction occurring at any time within five years after the completion of work under the permit must be corrected to the satisfaction of the director within 10 days after the director gives notice to the permittee to correct the damage, defect, or other problem.
(4) The opinion of the director as to the necessity of correcting any damage, defect, or other problem is binding on all parties.
(d) Repairs.
(1) All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the pavement cut or excavation area will be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the city, the permittee shall reimburse the city for the actual direct and indirect costs of the repair.
(2) The director shall notify the permittee if the backfill on a permitted construction settles at any time during the five- year maintenance period required in Subsection (c) of this section, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the permittee shall schedule appropriate repair work and promptly notify the director of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed-upon time schedule, or if no response is received by the director within 24 hours after notification to the permittee, the repair work may be performed by the city. The permittee shall reimburse the city for the actual direct and indirect costs of any repair work performed by the city.
(3) The permittee shall notify the director at least 24 hours before commencing any repair operations under Paragraph (2) of this subsection.
(e) Trench safety.
(1) Trench safety systems that meet U.S. Occupational Safety and Health Administration standards are required for construction in which trench excavation will exceed a depth of five feet.
(2) Paragraph (1) of this subsection does not apply to a construction contract entered into by a permittee that is subject to the safety standards adopted under Chapter 121, Texas Utilities Code, as amended.
(f) Tests.
(1) The permittee will be required to provide a certified construction materials testing lab, or use a testing method approved by the director, to perform the appropriate tests, at the permittee's expense, to ensure quality control for the backfill and pavement construction phases. Concrete strength test results must be submitted to the director for any placement greater than five cubic yards.
(2) Unless another method is approved by the director, tests must be made in accordance with the latest methods of the American Society of Testing and Materials. The certified results from tests for backfill compaction must be supplied to the city within three days of the backfill work completion and before pavement construction begins. The results from tests for pavement construction must be submitted within one week of completion of the project. Retesting after failure to pass the required tests will be at the expense of the permittee.
(3) Compaction testing is not required when a flowable backfill material that complies with the Pavement Cut and Repair Standards Manual, as amended, is used.
(4) If the materials used for the street repairs do not meet the minimum requirements of the Pavement Cut and Repair Standards Manual, they may be considered unacceptable and may be ordered to be removed and replaced at the permittee's expense. In cases where the repairs are unacceptable and the permittee refuses to make them acceptable, the work may be accomplished by the city, and all of the direct and indirect costs will be charged back to the permittee responsible for the work.
(5) The city at its expense may perform, or have performed, any material tests it deems necessary to verify conformance with the specifications set forth in Paragraph (6) of this subsection. If tests performed at the city's expense show cause for additional work or rework by the permittee, then further testing required to show conformance with the specifications will be at the expense of the permittee, including the cost of the original testing that showed the need for additional work or rework.
(6) Specifications for backfill compaction must meet the requirements contained in the Pavement Cut and Repair Standards Manual. Specifications for pavement testing must meet the requirements in the applicable provisions of the Standard Specifications for Public Works Construction – North Central Texas and the city's addendum thereto, as amended.
(g) Additional requirements for above ground utility structures.
(1) Written notification required.
(A) An owner of an above ground utility structure shall provide written notice to:
(i) the occupant of each single family residence, town home, duplex, tri-plex, or four-plex property adjacent to the proposed location of the above ground utility structure; and
(ii) the management of each multi-family dwelling property adjacent to the proposed location of the above ground utility structure.
(B) The written notice must be provided at least two business days before construction of the above ground utility structure begins.
(C) The notice must be provided on forms approved by the director and must clearly identify:
(i) the proposed location of the above ground utility structure;
(ii) the dimensions and appearance of the above ground utility structure; and
(iii) the names and telephone numbers of the utility company representatives and the city of Dallas representatives authorized to discuss the proposed structure with the property owner.
(D) Written notice is not required for an above ground utility structure that:
(i) is placed in an alley; or
(ii) does not require a permit under Section 43-139.
(E) Upon request, proof of notification must be provided to the director at the time the permit application for the above ground utility structure is submitted to the city.
(F) An owner of an above ground utility structure shall make every reasonable effort to recognize and address the concerns of each property owner, subject to the service demands of the structure’s owner. Requests of property owners that exceed the requirements of the AGUS Placement Guidelines are not a basis to deny a permit.
(2) An above ground utility structure must comply with all requirements of other city ordinances and other state and federal laws and regulations. The owner of the above ground utility structure is responsible for obtaining all other required permits.
(3) The owner of an above ground utility structure shall maintain the structure free of graffiti and other defacements such as posters, stickers, decals, and signs, except those placed on the structure by its owner. The exterior finish of an above ground utility structure must be maintained free of rust, peeling or faded paint, and other visible deterioration. An above ground utility structure and its supporting foundation or pad must be maintained in such a way as to prevent or eliminate leaning and soil erosion underneath. An above ground utility structure that leans beyond five degrees from the perpendicular must be corrected to be as close as possible to perpendicular. Any open space between the bottom of a foundation or pad and the ground underneath must be filled with either additional soil or concrete to maintain continuous contact with the ground. The permit application for installation of an above ground utility structure must include the name, mailing address, and telephone number of a single contact who will be responsible for resolving graffiti and other appearance issues involving the structure.
(4) An above ground utility structure must be clearly marked with the owner’s name and telephone number.
(5) Waiver of AGUS Placement Guidelines.
(A) A request for a waiver from placing an above ground utility structure in accordance with one or more of the AGUS Placement Guidelines may be made to the director with respect to a particular site for a proposed structure.
(B) The request for a waiver must include:
(i) identification of the guideline or guidelines for which a waiver is requested;
(ii) proof that compliance with the guideline or guidelines is impracticable;
(iii) detailed justification for the waiver, including alternative sites sought and reviewed; and
(iv) an explanation of why the proposed above ground utility structure and its size are necessary at the proposed site to provide service to a property or area.
(C) Within 10 business days after receiving a written request for a waiver, the director shall grant or deny the waiver.
(D) The waiver may be granted for good cause shown. In determining whether to grant the waiver, the director shall consider:
(i) the feasibility of other sites located in or outside of the public right-of-way and the efforts of the owner of the proposed above ground utility structure to secure those sites;
(ii) the size and location of the above ground utility structure and its impact at the proposed site and on surrounding properties;
(iii) the need of the structure’s owner to provide services to a property or area to be served by the proposed site;
(iv) the need of the structure’s owner to provide services to a property or area to be served by the proposed site with an above ground utility structure of the size proposed;
(v) the public health, safety, welfare, and convenience; and
(vi) the size and location of other nearby above ground utility structures.
(6) Denial, suspension, or revocation of a permit for an above ground utility structure on private property; denial of a waiver from AGUS Placement Guidelines; appeals to the city manager.
(A) If the director denies, suspends, or revokes a permit for an above ground utility structure on private property, or denies waiver of an AGUS placement guideline, the director shall, in writing, notify the owner of the above ground utility structure of the action and include in the notice the reason for the action and a statement informing the structure’s owner of the right of appeal.
(B) The owner of an above ground utility structure may appeal a denial, suspension, or revocation of a permit for an above ground utility structure on private property, or a denial of a waiver of an AGUS placement guideline, if the structure’s owner requests an appeal in writing, delivered to the city manager not more than 10 business days after notice of the director’s action is received.
(C) The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this subsection. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this subsection, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.
(D) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final as to available administrative remedies.
(h) Signage and other display materials.
(1) A copy of the approved permit with verification that all public and private utilities/facilities were properly located must be displayed by the permittee at the worksite at all times during construction in the public right-of-way.
(2) The permittee must display at least two signs in the permitted area of construction in the right-of-way no smaller than 30" x 24", one facing each direction of traffic. The sign must provide the business name and primary contact information of the permittee and contractor. The sign letters and numbers must be a minimum 2" in height.
(3) Each vehicle and piece of equipment located in the permitted area of construction in the right-of-way must display a sign identifying the business name and primary contact information of the permittee or contractor. The sign letters and numbers must be legible and at least one inch in height.
(4) A copy of the approved traffic control plan required in Section 43-139 must be available at the permitted area of construction at all times when barriers are erected to divert or alter the flow of traffic.
(5) At least one sign labeled "Temporary Paving Repairs" must be displayed in accordance with
the Dallas Pavement Cut and Repair Standards Manual, as amended, in any location that has temporary paving repairs. If temporary paving repairs exceed 50 feet in length, one "Temporary Paving Repairs" sign must be provided every 50 feet on the perimeter of the permitted area of public right-of-way under construction. Alternatively, a "Temporary Paving Repairs" sign may be stenciled on the temporary paving repairs in accordance with this paragraph. The lettering of the written sign on the temporary paving repairs must be a minimum of three inches using only white paint. If temporary paving repairs exceed 40 feet in length, one painted "Temporary Paving Repairs" sign must be painted on the temporary paving repairs every 30 feet on the perimeter on the perimeter of the permitted area of public right-of-way under construction.
(i) Notice requirements.
(1) Notice to the director. After issuance of a permit under this article, the permittee shall provide written notice to the director:
(A) at least one business day before any material or equipment is placed in the permitted area or the commencement of any temporary construction;
(B) within one business day after completing the temporary construction; and
(C) at least one business day before any permanent construction begins.
(2) Notice to the public.
(A) If construction in the public right-of-way without excavation or a lane closure will last less than 24 hours, individual notice to property within 500 feet of the construction area is not required.
(B) If construction in the public right-of-way without excavation or a lane closure will last more than 24 hours, the permittee must provide individual notice to each property within 500 feet of the construction area at least 24 hours before commencing construction by placing a door hanger or other similar notice. Notification of multi-family properties may be given to the property management teams of those properties.
(C) If construction in the public right-of-way with excavation or a lane closure will last less than 24 hours, the permittee must provide individual notice to each property within 500 feet of the construction area at least 24 hours before commencing construction by placing a door hanger or other similar notice. Notification to multi-family properties may be given to the property management teams of those properties.
(D) If construction in the public right-of-way with excavation or a lane closure will last more than 24 hours, the permittee must provide individual notice to each property within 500 feet of the construction area with two separate notifications by placing a door hanger or other similar notice. The first notification must be placed at least 10 days before commencing construction and the second notification must be placed 72 hours before commencing construction. Notification to multi-family properties may be given to the property management teams of those properties.
(E) If construction on a thoroughfare, arterial, or a community collector in the public right-of-way will involve complete street closures or extended traffic delays, at least two portable changeable message signs (CMS) that comply with the requirements of the latest edition of the Texas Manual of Uniform Traffic Control Devices, as amended, published by the Texas Department of Transportation and the City of Dallas requirements, are required to be installed facing each direction of traffic at least one week prior to commencing construction.
(F) The individual notice must include the following:
(i) permittee name and contractor name, if different;
(ii) primary contact information for the permittee and contractor, if different;
(iii) location of the construction area; and