(A) As used in this chapter, the following definitions shall apply:
PUBLIC RIGHT-OF-WAY. Rights-of-way dedicated to the public for roadway or other public purpose.
TOWN MANAGER. The Town Manager of the Town of Guadalupe.
TOWN STANDARDS. Zoning and subdivision codes of the town, specifications adopted by the town, and, for wireless communications facilities in the right-of-way, the standard terms and conditions and design standards adopted pursuant to Ordinance 02019.02.
(B) It is unlawful for any person to construct, reconstruct, repair, alter, or grade within the public rights-of-way without obtaining a permit from the Town Manager as provided in this chapter prior to commencing work and complying with the zoning and subdivision codes of the town.
(C) An applicant for a permit shall file a complete application with the Town Manager that includes:
(1) Name, address and license numbers of the party doing the work;
(2) Location of the work area;
(3) Plans attached to the application showing details of the proposed construction. Such plans shall be prepared and sealed by an engineer registered and licensed in the state, unless the permittee demonstrates to the satisfaction of the town that the work does not warrant imposing this requirement;
(4) A traffic control plan in accordance with § 156.02;
(5) Estimated cost of alteration;
(6) For wireless facilities, all information required in the standards terms and conditions for wireless facilities in the right-of-way;
(7) Such other information as the town finds reasonably necessary to determine compliance with town standards.
(D) The permit shall include a completion date for the proposed work. The Town Manager may extend the permit time for good cause shown.
(E) Prior to issuance of a permit, the Town Manager may require evidence of general liability insurance and automobile liability insurance in an amount established by the Town Manager. Such insurance shall name the town as an additional insured. The Town Manager may require a letter of credit in an amount based on the estimated cost of the work to assure completion of the work in compliance with town standards. The letter of credit shall be in a form approved by the Town Attorney.
(F) After issuance of the permit, permittees shall give the Town Manager at least 24 hours notice before commencing any work within a public right-of-way.
(G) Repairs; emergency repairs. A permit shall be obtained from the Town Manager prior to a person removing, relocating, or reconstructing, if necessary, any portion of a person's facilities within public rights-of-way. Notwithstanding the foregoing, the town understands and acknowledges there may be instances when a person is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The permittee shall notify the town prior to such repairs, if practicable, and shall obtain the necessary permits within a reasonable time after notification.
(Ord. O2019.02, passed 11-14-2019)