Chapter 12.50
RIGHT-OF-WAY PERMITS
Sections:
12.50.010 Right-of-way permit required.
12.50.090 Right-of-way encroachments.
12.50.110 Access to services for use of public right-of-way.
12.50.010 Right-of-way permit required.
Prior to commencement of any work within any public right-of-way, the person desiring to do the work shall obtain a right-of-way permit. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.020 Emergency repairs.
Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within three business days to the Public Works Director. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.030 Classes of work.
Three classes of work are established:
A. The homeowner classification is limited to installation or repair of residential driveway access to a public street or roadway and minor alterations to the Town’s right-of-way conducted by the homeowner or their designee;
B. The minor utilities classification will include all routine maintenance activities on existing services not needing engineering approval as determined by the Director of Public Works;
C. All other work is classified as major utilities. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.040 Permit application.
Applications for right-of-way permit shall include this information:
A. Identification of owner and contractor;
B. Location of work;
C. Description of work to be done, including detailed specifications and plans, and description of restoration and cleanup work;
D. Schedule for performing the work;
E. Engineered plans, as applicable. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.050 Permit expiration.
A. Right-of-way permits issued under the provisions of this code expire as follows:
1. Right-of-way permits not associated with any other permit shall expire ninety days from issue date but may be extended for additional thirty-day periods, upon application to the Public Works Director.
2. Right-of-way permits associated with another permit (e.g., part of a larger project) shall expire at the same time as the associated permit. One six-month extension may be granted by the Public Works Director upon written request and if an extension of the related permit is also granted.
B. The fee for a permit extension shall be as set forth in Section 3.32.010.
C. It is a violation of this chapter to allow a permit to expire without first obtaining an approved final inspection. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.060 Driveways.
A. A culvert of material and size suitable to the Public Works Director shall be installed in the road ditch before a driveway is constructed, unless the driveway crosses an established walkway or, in the opinion of the Public Works Director, would not impede drainage along the roadway.
B. All concrete and tile driveways must have a full expansion joint where it meets the edge of the street or walkway and a full expansion joint at the property line. Driveways which have a positive slope toward the street should be installed with a suitable collection system as determined by the Public Works Director prior to entering the Town’s stormwater system.
C. Where a driveway crosses an established walkway:
1. The applicant is responsible for strengthening the walkway crossing to carry vehicular loadings.
2. The driveway must be at a level grade. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.070 Restoration.
A. Pavement restoration shall be made according to specifications approved by the Public Works Director and shall include well-placed and compacted select backfill and multiple-lift asphaltic concrete paving.
B. Nonpaved areas of the public right-of-way shall be restored to the original grade and contour. Excavations shall be backfilled using select materials, well-placed and compacted, all as specified by the Public Works Director. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.080 Road cut fee.
A road cut fee as set forth in Section 3.32.010 shall be required whenever the pavement in the right-of-way is disturbed. Pavement restoration shall be made according to specifications prepared by the Public Works Director and shall include well-placed and compacted select backfill and multiple-lift asphaltic concrete paving.
A. For roads that have been overlaid within five years and roads that have been reconstructed within seven years and in the event that the road needs to be cut, the following conditions shall be applied:
1. A one-hundred-foot section (fifty feet in each direction from the edge of the cut) shall be overlaid.
a. If the cut is contained to one lane, then only that lane shall be overlaid.
b. If the cut transverses into both lanes, then the entire width of the road shall be repaired.
2. The fifty feet in either direction shall require a grinding down one and one-half to two inches and a tapered inlay replacement.
3. The replacement is to be to the current standards in the right-of-way standard conditions with one exception. The exception from the standard conditions shall be to expand the one foot back from trench to two feet back from trench.
B. All other road surfaces shall have the same requirements with the exception of a twenty-foot (ten feet in each direction from the edge of the cut) inlay.
C. If the road surface is in the Town’s six-year street plan for an overlay or reconstruction, the requirement may be waived. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.090 Right-of-way encroachments.
A. Right-of-Way Use and Private Property Accessories. The Town’s rights-of-way shall be used for motorized and nonmotorized transportation purposes, public utilities, roadside vegetation and access to adjoining private property. Private property accessories, including but not limited to hard landscaping, and other items that may pose a hazard to the safe and convenient use of the Town’s rights-of-way, shall not be installed or maintained in public rights-of-way. A clear zone of eighteen inches, measured from the pavement edge of the driving surface parallel to the right-of-way, shall be maintained free of any hard-surfaced materials or obstructions.
B. Vegetation that encroaches on the Town’s walkways may present a hazard to pedestrians. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the walkway or roadway, except that trees may extend over the walkway when kept trimmed to a height of eight feet above the same. If the Public Works Director determines that any such vegetative encroachment is a hazard, the property owner shall be notified and shall remove the encroachment within fourteen days.
C. Removal of Hazardous Items. The Public Works Director will determine whether an accessory and/or vegetation in the public rights-of-way presents a hazard, and will so notify the property owner. After receiving such notice, the property owner shall cause such accessories to be removed within fourteen days. The Director may extend the removal period upon showing by the owner of special circumstances that require a longer time period to remove accessories.
D. If the Town officials find it necessary to cut, remove or drill underneath an area of paving presently installed in the Town’s right-of-way by an adjacent property owner and, if the paving consists of any material other than an asphalt mix or gravel, said adjacent property owner is responsible for all costs incurred by the Town including but not limited to cutting, removing earth, drilling and restoration. This subsection shall apply to the adjacent property owner and successors in interest. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.100 Inspections.
All installations and/or repairs of driveways, residential storm drainage basins, connections to Town storm drains, and placement of and type of drainpipes that involve Town right-of-way and its restoration must be inspected by the Mayor or the Mayor’s designee. All inspection fees shall be in accordance with the Town’s fee schedule ordinance in effect at the time the inspection is performed. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.110 Access to services for use of public right-of-way.
As a condition for a public or private utility’s use of the public right-of-way or other real property of the Town for any reason, such utility shall provide the property owners of the Town direct access to the services provided by the utility at the cost of the utility. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.120 Violations.
A. It shall be unlawful for any person, firm, or corporation to work within the Town’s rights-of-way, or cause same to be done, without first obtaining a permit.
B. In addition to the remedies provided for in this chapter and remedies that may otherwise be available at law, any violation of this title, including codes adopted by reference, may be enforced against pursuant to the provisions of Chapter 1.12 or 1.14 of this code. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.130 Stop work order.
Stop work orders under this chapter shall be governed by the procedures in Chapter 12.05 of this code, Article XIV, Stop Work Order. All references to the Building Official shall also mean the Public Works Director when the stop work order is related to work performed in the Town’s rights-of-way. (Ord. 21-626 § 1 (Exh. A), 2021)
12.50.140 Appeals.
Appeals of decisions under this chapter shall be governed by the procedures in Chapter 12.05 of this code, Article XII, Appeals. All references to the Building Official shall also mean the Public Works Director when the appeal is related to a right-of-way permit. (Ord. 21-626 § 1 (Exh. A), 2021)