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(A) The permittee shall be fully responsible for the cost and actual performance of all work in the public way. The permittee shall do all work in conformance with any and all engineering regulations, construction specifications and design standards adopted by the town. These standards shall apply to all work in the public way unless otherwise indicated in the permit.
(B) All restoration shall result in a work site condition equal to or better than that which existed prior to construction. In addition to the regulations, specifications and standards referred to in division (A) above, the following provisions shall apply to work in the public rights-of-way of the town.
(1) Pavement cuts shall be filled with compacted select material. Either concrete or asphalt patches will be placed to match the existing street cross section.
(2) Select fill shall be placed in an excavation to the density required by town compaction specifications.
(3) The type, gradation, placement, compaction and testing of the granular backfill material shall meet or exceed all requirements specified in design and construction standards adopted by the town.
(4) (a) The new asphalt will be placed in lifts (three inches maximum) and compacted upon placement. Asphalt depths will be governed the existing cross section of the street, but not less than four inches of full deep asphalt shall be used to fill a street cut regardless of the existing cross-section.
(b) Concrete meeting all construction standards of the town shall be used to replace concrete pavement wherever it occurs.
(Prior Code, § 165.17) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
If at any time the town requests the permittee to relocate is facilities, in order to allow the town to make any public use of rights-of-way, or if at any time it shall become necessary because of a change in the grade or for any other purpose by reason of the improving, repairing, constructing or maintaining of any rights-of-way, or reason of traffic conditions, public safety or by reason of installation of any type of structure of public improvement the town or other public agency or special district, and any general program for the undergrounding of such facilities, to move or change the permittee’s facilities within or adjacent to rights-of-way in any manner, either temporarily or permanently, the town shall notify the permittee at least 90 days in advance, except in the case of emergencies, of the town’s intention to perform or have such work performed. The permittee shall thereupon, at no cost to the town, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three working days prior to the date the town has notified the permittee that it intends to commence its work or immediately in the case of emergencies. Upon the permittee’s failure to accomplish such work, the town or other public agencies or special district may perform such work at the permittee’s expense and the permittee shall reimburse the town or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction by the permittee at the permittee’s expense. Notwithstanding the requirements of this chapter, a permittee may request additional time to complete a relocation project. The Director shall grant a reasonable extension if, in his or her sole discretion, the extension will not adversely affect the town’s project.
(Prior Code, § 165.19) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Notification of abandoned facilities. Any permittee that intends to discontinue use of any facilities within the public rights-of-way shall notify the Director in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than 30 days from the date such notice is submitted to the Director and the method of removal and restoration. The permittee may not remove, destroy or permanently disable any such facilities during said 30-day period without written approval of the Director. After 30 days from the date of such notice, the permittee shall remove and dispose of such facilities as set forth in the notice, as the same may be modified by the Director, and shall complete such removal and disposal within six months, unless additional time is requested from and approved by the Director.
(B) Conveyance of facilities. At the discretion of the town, and upon written notice from the Director within 30 days of the notice of abandonment, the permittee may abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the town. The consideration for the conveyance is the town’s permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the town is completed.
(C) Abandonment of facilities in place. At the discretion of the town, and upon written notice from the Director, the permittee may either:
(1) Abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the town. The consideration for the conveyance is the town’s permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the town is completed.
(2) Abandon the facilities in place, but the permittee still retains the responsibility for all obligations as owner of the facilities, or other liabilities associated therewith.
(Prior Code, § 165.20) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
(A) Any person maintaining facilities in the public way may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. The person doing the work shall apply to the town for a permit on or before the third working day after such work has commenced. All emergency work will require prior telephone notification to the UNCC, town police and the appropriate fire protection agency.
(B) If any damage occurs to an underground facility or its protective covering, the contractor shall notify the facility’s operator promptly. When the facility’s operator receives a damage notice, the facility’s operator shall promptly dispatch personnel to the damage area to investigate. If the damage results in the escape of any inflammable, toxic or corrosive gas or liquid or endangers life, health or property, the contractor responsible shall immediately notify the facility’s operator and 811 and take immediate action to protect the public and nearby properties.
(Prior Code, § 165.21) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
NEWLY CONSTRUCTED OR OVERLAYED STREETS
Any application for a permit to excavate in a public right-of-way subject to the requirements of this section shall contain the following information:
(A) A detailed and dimensional engineering plan that identifies and accurately represents the town rights-of-way or property that will be impacted by the proposed excavation, as well as adjacent streets, and the method of construction;
(B) The street width or alley width including curb and gutter over the total length of each town block that will be impacted by the proposed excavation;
(C) The location, width, length and depth of the proposed excavation;
(D) The total area of existing street or alley pavement in each individual town block that will be impacted by the proposed excavation; and
(E) A written statement addressing the criteria for approval.
(Prior Code, § 165.18.1) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
No permit for excavation in the right-of-way of new streets shall be approved unless the Director finds that all of the following criteria have been met:
(A) Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts;
(B) Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable; and
(C) The proposed excavation cannot reasonably be delayed until after the three-year deferment period has lapsed.
(Prior Code, § 165.18.2) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)
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