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§ 55.16 MANNER OF CONSTRUCTION.
   (A)   All major and minor construction shall conform to specifications and standards established by the city which include the Public Utilities Standards and Policies.
   (B)   All major and minor construction shall be accomplished in the manner resulting in the least amount of damages and disruption to the rights-of-way. Specifically, every registrant performing major construction shall utilize trenchless technology, unless the City Engineer approves another method of construction.
   (C)   Entire road closures will not be permitted in major traffic ways which shall include any road listed as an arterial, collector or one-way pair on the Broward County Traffic Ways Plan. Lane closures shall not occur during the rush hour period starting at 7:00 a.m. and ending at 9:00 a.m. and from 4:00 p.m. to 6:00 p.m.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.17 SPECIAL EXCEPTIONS.
   The City Engineer may grant a special exception to the requirements of §§ 55.14 and 55.16 if a registrant demonstrates with written documentation that:
   (A)   The exception to such requirements will not create any threat to the public health, safety or welfare; or
   (B)   The increased economic burden and the potential adverse impact on the registrant's construction schedule resulting from the strict enforcement of the requirements set forth in §§ 55.14 and 55.16 prohibits or effectively prohibits the ability of the registrant to provide utility services; or
   (C)   The requirements unreasonably discriminate against the registrant in favor of another person/registrant.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.18 REMOVAL AND RELOCATION OF FACILITIES.
   (A)   In the event the city reasonably requires the removal or relocation of any utilities' facilities installed in the city's rights-of-way, the statutory requirements set forth in F.S. Chapter 337, and as amended from time to time, for such removal and relocation shall be implemented and complied with by the parties.
   (B)   The reasonable and documented direct costs of such removal or relocation shall be borne by the registrant pursuant to F.S. Chapter 337, as amended from time to time.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.19 PRE-CONSTRUCTION FACILITIES LOCATION.
   (A)   Before commencing major construction, each registrant who has facilities located in the proposed construction area shall mark the horizontal and vertical placement of all of its facilities, in conformance with the marking guidelines of the Utility Location and Coordination Council of the American Public Works Association.
   (B)   Any registrant whose facilities are less than 20 inches below a paved surface shall notify and work closely with any other registrant proposing to construct equipment in the construction area to minimize the potential damage or disruption from construction.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.20 RESTORATION OF RIGHTS-OF-WAY.
   (A)   Restoration of the rights-of-way shall conform with the sections, details, and specifications set forth in the "Standard Details, Specifications, Policies and Procedures" of the Public Utilities Department of the City of Hollywood, as amended from time to time.
   (B)   The work to be done under a Construction Permit and the restoration of the rights-of-way as required herein, must be completed within the dates specified in the Construction Permit.
   (C)   The registrant shall restore the rights-of-way and perform the work according to the standards and with the materials necessary to return the rights-of-way to the same or similar condition as existed prior to construction. In the event that the registrant fails to restore the rights-of-way within 10 days after completion of the construction or repair, the city may restore the rights-of-way and make a claim under the Construction Bond or seek reimbursement from the registrant. Upon the registrant's completion of the restoration, the city will inspect the work and, if the city determines that the property has been properly restored, it shall release 50% of the Construction Bond amount to the registrant. However, the registrant shall be responsible for its restoration work and shall maintain and correct any improper construction and/or restoration at its cost for 12 months following its completion. During the 12 month period, it shall, upon notification from the Department, correct all restoration work to the extent necessary using the method required by the Office of the City Engineer. Said work shall be completed within 21 calendar days of the receipt of the notification from the Department. In the event that the registrant fails to restore the property within 21 days, the city may restore the property and make a claim against the Construction Bond. If, during the 12 months following such restoration, the pavement settles due to registrant's improper backfilling, the city shall make a claim under the Construction Bond to recover the cost of repairing the pavement. If, 12 months after completion of the restoration, the city determines that the rights-of-way have been properly restored, it shall release the remaining Construction Bond balance.
   (D)   The registrant shall perform the work according to the standards and with the materials specified by the City Engineer and Utilities Department. The City Engineer shall have the authority to prescribe the manner and extent of the restoration. The City Engineer in exercising this authority shall be guided by the following standards and considerations:
      (1)   The number, size, depth and duration of the excavations, disruptions or damage to the rights-of-way;
      (2)   The traffic volume carried by the rights-of-way;
      (3)   The character of the neighborhood surrounding the rights-of-way;
      (4)   The condition of the rights-of-way prior to the excavation;
      (5)   The remaining life-expectancy of the rights-of-way affected by the excavation;
      (6)   Whether the relative cost of the method of restoration to the registrant is in reasonable balance with the prevention of an accelerated depreciation of the rights-of-way that would otherwise result from the excavation, disturbance or damage to the rights-of-way; and
      (7)   The likelihood that the particular method of restoration would be effective in slowing the depreciation of the rights-of-way that would otherwise take place.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.21 PROTECTION OF FACILITIES.
   (A)   When the city performs work in the rights-of-way and finds it necessary to maintain, support, or move a registrant's facilities in order to protect it, the reasonable and documented direct costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing, unless otherwise provided by state law. Before performing such work, the city will provide notice as required under the Sunshine One Call System; however, if a registrant is not part of the Sunshine One Call System, the city shall provide 60 days prior notice to the registrant. In cases of emergency, the city will provide such notice as soon after the emergency work is conducted as is possible.
   (B)   Each registrant shall be responsible for the cost of repairing any equipment or personal property that it damages at any time, or that is damaged during an emergency caused by the registrant, its agents or its equipment.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.22 INSPECTION.
   (A)   The registrant shall notify the city within 48 hours of completion of construction.
   (B)   The work site shall be available for inspection at all reasonable times during and upon completion of construction.
   (C)   The city may at any time order the immediate cessation of any work that poses a threat to the life, health, safety, or well-being of the public.
   (D)   The city may order the registrant to correct all violations of this chapter. Within ten business days after issuance of the order, the registrant shall present proof to the city that all violations have been corrected and shall pay a reinspection fee and all applicable fines or penalties. If such proof has not been presented within the required time, the city may revoke the permit pursuant to § 55.23.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
§ 55.23 GENERAL OBLIGATIONS.
   (A)   Obtaining a construction permit does not relieve a registrant of its duty to obtain all other necessary authorizations and to pay all fees required by other city, county, state or federal rules, laws or regulations.
   (B)   A registrant shall comply with all requirements of local, state, county and federal laws.
   (C)   The construction performed in the rights-of-way shall be done in conformance with specifications promulgated by the City Engineer and Utilities Department and as set forth in the city's administrative policies.
   (D)   A registrant shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all construction performed pursuant to its permit, regardless of who performs the construction.
   (E)   Except in the case of emergency, and with the approval of the City Engineer, no construction in the rights-of-way may be performed when climatic conditions are unreasonable for such work.
   (F)   A registrant shall not obstruct the rights-of-way in a manner that will interfere with the natural free and clear passage of water through the gutters or other waterway.
   (G)   Private vehicles, other than authorized company vehicles, may not be parked within or adjacent to a construction site. The loading and unloading of trucks adjacent to a construction site area is prohibited unless specifically authorized by the permit.
   (H)   A registrant shall belong to the Sunshine State One-Call notification system as required by state law or such other line location system acceptable to the city.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)
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