Chapter 12.10
RIGHT-OF-WAY USE
Sections:
12.10.060 Construction and excavation fees.
12.10.080 Exemptions from annual fee.
12.10.130 Failure to reconstruct.
12.10.140 Prohibition of waiver.
12.10.010 Purpose.
The purpose of this chapter is to provide for the protection of public roads by ensuring that after excavation or construction in or on a public road, the road is restored to its original condition and that the placement of signs, wires and other utilities are done in a manner to protect the public and to protect the public roads. A right-of-way work permit fee as well as an annual fee for use of the city right-of-way will be established by resolution. (Ord. 02-13 § 1 (part))
12.10.020 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section. When a word or term is not specifically stated, the city manager or his/her designee shall have the authority to interpret the meaning or description most comparable, subject to appeal to the city council.
“In or on a public road” refers to excavation or construction within the area of any public right-of-way in which an improved public road is located.
“Right-of-way” as used in this chapter, is defined under Section 17.08.020 of this code. (Ord. 02-13 § 1 (part))
12.10.030 Applicability.
The provisions of this chapter shall apply to all public roads located within the city of Valdez, except roads that are a part of the state-maintained system or the Federal Aid Highway System. (Ord. 02-13 § 1 (part))
12.10.040 Reconstruction.
Any person or entity performing excavation or construction in or on any public road shall, upon completion of such excavation or construction, restore any portion of the road on which the work took place to the standards of the road’s original construction, or to the city of Valdez standard specifications or standard details, whichever is higher. Original shoulder alignments shall be preserved, and the driving surface shall be compacted to the same degree existing prior to the excavation or construction. The city reserves the right to establish a period of warranty of not less than one year from date of completion of work performed. (Ord. 02-13 § 1 (part))
12.10.050 Permits.
No person or entity shall commence any excavation or construction in or on any public road or within the city right-of-way or place anything within the city right-of-way until a work permit to commence such excavation or construction or to place anything within the right-of-way has been obtained from the city of Valdez department of engineering services. (Ord. 02-13 § 1 (part))
12.10.060 Construction and excavation fees.
Fees shall be established for the construction or excavation in the city’s right-of-way for utilities that are not regulated by the Alaska Regulatory Commission or the extension of city-owned utilities by a private developer by resolution of the city council. Those utilities regulated by, or those that qualify to be regulated by, the Alaska Regulatory Commission shall be exempt from construction and excavation fees. (Ord. 02-13 § 1 (part))
12.10.070 Annual use fee.
The placement of wires, signs and other items in the city right-of-way by companies that are not regulated by the Alaska Regulatory Commission will be assessed an annual fee to be established by resolution. The determination of value will be based on the value of labor, equipment and length of utility line installed under each permit application. Value will also be based on the type of use, risk associated with the use and the benefit to the user of the right-of-way. (Ord. 02-13 § 1 (part))
12.10.080 Exemptions from annual fee.
The placement of driveways, driveway culverts, electric and communication lines placed by utilities regulated by, or those that qualify to be regulated by, the Alaska Regulatory Commission and utility lines placed by individuals for noncommercial uses shall be exempt from the annual fee. (Ord. 02-13 § 1 (part))
12.10.090 Security.
No permit shall be issued to any applicant until the applicant has deposited to the city cash or a bond in an amount sufficient to accomplish the reconstruction hereafter required, as determined by the department of engineering services. The city may, at its discretion accept other sufficient security for the performance of said reconstruction. Such security deposit shall be held by the city until satisfactory completion of the reconstruction occurs and upon expiration of any period of warranty by the city. (Ord. 02-13 § 1 (part))
12.10.100 Permit application.
Application for a road excavation or construction permit shall be made on such form as may be prescribed by the city from time to time. Such application shall be accompanied by a description of the proposed work and plans or diagrams of sufficient scope and detail to enable the city to compute the allowable time for completion of roadway restoration and to determine the appropriate security for such construction. The application shall be accompanied by payment of a permit fee in an amount prescribed by the city from time to time. (Ord. 02-13 § 1 (part))
12.10.110 Traffic safety.
Applicant shall be responsible for safety of the general public and for the provision of traffic control and access to and from the road during the period of construction. The city may attach conditions to any permit prescribing standards for safety, traffic control and access during construction. (Ord. 02-13 § 1 (part))
12.10.120 Waiver.
The security requirement of this chapter may be waived at the discretion of the director of engineering services in the case of:
A. Work to be performed by a contractor performing road construction or improvement work under contract with the city;
B. Work to be performed with the approval of the city as a public service, without compensation;
C. Work to be performed which is deemed by the city, at its discretion, to involve only minor damage to the existing road;
D. Work to be performed on a road which is scheduled to be resurfaced, regraded or otherwise improved during the period immediately following the work proposed by the applicant;
E. Driveway or access construction from lands abutting a public road unless such construction involved damage to the existing road surface or foundation.
The fee requirement of this chapter may be waived at the discretion of the director of engineering services in the case of the installation by a utility regulated by the Alaska Regulatory Commission. (Ord. 02-13 § 1 (part))
12.10.130 Failure to reconstruct.
If the applicant fails, refuses, or neglects to restore the road in question in accordance with the provisions of this chapter within the time prescribed by the city at the time of issuance of the permit, or if reconstruction fails to meet the standards prescribed by this statute, the city may have appropriate reconstruction accomplished and charge the cost of doing so to the security deposited by the applicant. Upon completion of such reconstruction, any security deposit remaining shall be returned to the applicant. If the security deposit proves to be inadequate to accomplish such reconstruction, the city shall notify the applicant of such deficiency and the applicant shall pay such amount to the city within fifteen days of such notification. (Ord. 02-13 § 1 (part))
12.10.140 Prohibition of waiver.
The security requirement of this chapter may be waived under the circumstances specified above. There shall be no waiver of the reconstruction requirements of this chapter. (Ord. 02-13 § 1 (part))