Sec. 38-47. - General requirements and exceptions.

Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation, or to cut, trim or spray trees, or to place construction signs or materials if such work, cutting, trimming, spraying or placing is on, under, over or in any way affects the surface or subsurface of any street, lane, alley, right-of-way or easement in the city without first having obtained a permit therefor from the director of engineering or the director's authorized representative; nor shall such work be performed after such permit shall have been revoked by the director of engineering or the director's authorized representative, or by the terms of the permit.

Except as otherwise provided herein, it shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner disturb the surface or subsurface of any street, lane, alley, right-of-way or easement in the city without first having obtained a permit therefor from the director of engineering or the director's authorized representative; nor shall such work be performed after such permit shall have been revoked by the director of engineering or the director's authorized representative, or by the terms of the permit.

The aforementioned permits shall not be required where the work is performed by or on behalf of a subdivision or site developer within his/its approved subdivision or site development, and where the affected surface or subsurface has not yet been accepted by the city; neither shall such permits be required where the work affects only a private street, lane, alley, right-of-way or easement which has not been nor is intended to be dedicated to and/or accepted by the city. However, nothing in this section exempts the requirement of and in fact specifically requires a permit for the installation of driveways, sidewalks or other improvements or structures which are constructed in a subdivision or site development and which are not constructed by or on behalf of the aforementioned developer, even though the affected street, lane, alley, right-of-way or easement may not yet have been accepted by the city.

If an excavation is required in order to make emergency repairs and the emergency existing requires that excavation operations commence prior to the earliest possible issuance of a permit and within seventy-two (72) hours from the discovery of said emergency, a permit shall not be required to commence said excavation; provided, however, that an application as required by section 38-50 shall be submitted within seventy-two (72) hours after the commencement of said excavation; and provided, further, that notification of such emergency work shall be given by telephone, or other means, to the director of engineering or the director's authorized representative immediately. Such application will be made upon the same form and in the same manner as that required by section 38-50 except that it will specify the emergency condition that existed. Any person commencing an emergency excavation without a permit as allowed herein thereby implies that the person accepts all those conditions and agreements set forth in section 38-50 and elsewhere in this article and that the person will conform to the requirements set forth in sections 38-62 through 38-80.

(Ord. No. 62, § 2; Code 1961, § 36-28; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3134-84)

Sec. 38-48. - Only one permit required for work of continuing nature.

For work of a continuing nature along one (1) or more routes, only one (1) application shall be made and only one (1) permit shall be required under this division.

(Ord. No. 62, § 22; Code 1961, § 36-40; Ord. No. 3051-83)

Sec. 38-49. - Application.

(a)

Application for a permit required by this division shall be filed in the office of the director of engineering on forms supplied by the city. Such application shall show all required information and be signed by the applicant or the applicant's authorized agent. Such application shall include a description of the work to be done and a sketch showing such work, if required by the director of engineering.

(b)

Sketches filed with an application under this section shall show the following:

(1)

The nature of the work to be done.

(2)

Property lines, where appropriate, and street right-of-way lines with location of the work with reference to a fixed point on the street.

(3)

Where surface or underground work is involved, a cross section indicating conditions and proposed changes.

(4)

Where grading operations are involved, the pavement, shoulder, ditch and slope.

(5)

Any tree which is to be removed.

(c)

An application for a permit involving underground installations filed as provided in this section shall be accompanied by a sketch showing:

(1)

The exact location and dimensions of conduits, pipes, vaults, manholes, crossings and other installations.

(2)

Type (concrete, iron, etc.).

(3)

Depth of covering material.

(4)

Outlets, showing type and size.

(5)

Design and location of identification indicators.

(d)

The following information shall be included in an application for a permit in reference to the construction of a drive-in theater entrance:

(1)

Approximate capacity (cars) of theater.

(2)

Location of ticket booth or booths.

(3)

Direction in which screen will face.

(4)

Distance from street to face of screen.

(5)

Location and length of storage lanes.

(Ord. No. 62, §§ 4, 5, 15, 20; Code 1961, §§ 36-29—36-32; Ord. No. 3051-83; Ord. No. 3111-83, § 1)

Sec. 38-50. - Issuance and term generally.

(a)

Any person, company or corporation required to obtain a permit by section 38-47 shall make application therefor to the director of engineering on a form prescribed by him, which form shall state the type, amount and dimensions of the work to be performed; the place where such work is to be performed; the purpose of such work; the time at which the work is to be commenced; and the time at which the work is to be completed. Upon the filing of an application for a permit under this article, it shall be the duty of the director of engineering to ascertain that all work to be done pursuant to the permit otherwise complies in all respects with prevailing planning practices, zoning regulations, appropriate construction standards and with the provisions of this Code and other ordinances of the city and the resolutions, policies and regulations of the city before issuing the permit. Additionally, no construction sign shall be erected and no material shall be placed in such a manner as to result in a traffic hazard or otherwise impede the normal use of the right-of-way, if any, such as walkways, bike paths, drainage ditches, etc. The director of engineering shall issue a permit when such compliance is apparent or can be assured by the terms of the permit and when all applicable requirements for obtaining the permit have been met.

(b)

The director of engineering may prescribe a limit for the duration of such permit and may extend the same, so long as the time limitation of extension is based upon reasonable standards prevailing in the industry at the time, taking into consideration weather, availability of material and labor, as well as the applicant's own estimation of the time period needed to complete the project. In no event shall the permit exceed ninety (90) days, though the permit may be extended for good cause shown.

(c)

A permit as issued under this article may be revoked at any time during the period it covers by the director of engineering for failure of the permittee to comply with the provisions of this article or the conditions and agreements of his application by giving written notice to the permittee at his address of record. For failure to rectify such default after revocation, the former permittee shall be held to be in violation of this article for each and every day such default shall continue and each violation shall be considered a Class 4 misdemeanor, and the director of engineering may in his discretion cause such work to be performed as is necessary to rectify such default, and the costs or expenses thereof shall be chargeable to and paid by the former permittee.

(Ord. No. 62, §§ 3, 6, 11; Code 1961, §§ 36-33, 36-39; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3223-84)

Sec. 38-51. - Liability insurance and bond or letter of credit prerequisite to issuance of permit.

(a)

Before any permit shall be issued pursuant to the provisions of this division to any person to cut, undermine, disrupt or disturb in any manner the paved or improved surface (including shoulders, sidewalks, curbs and gutters) of any street, and before any such permit is issued for the placement of construction signs or materials on the unimproved portion of a right-of-way or easement, evidence of public liability insurance shall be given by such person to defend, indemnify, keep and hold the city free and harmless from liability on account of injury or damage to persons or property growing out of the activity to be authorized by such permit in the amount of one hundred thousand dollars ($100,000.00). Such insurance policy shall name the city as an additional insured by separate endorsement to the policy or as otherwise approved by the city attorney's office.

(b)

Before any permit shall be issued pursuant to the provisions of this division to any person, the applicant shall submit, accompanying a properly signed application, a bond or letter of credit in a form and of a type approved by the city attorney. The bond or letter of credit shall be in an amount equal to the estimated value of the work and repairs to be performed on the right-of-way but in no case less than five thousand dollars ($5,000.00) and shall be payable to the city and conditioned upon the applicant's compliance with this article and the conditions and agreements of his application.

(c)

Each utility company shall furnish an annual performance bond or letter of credit with a minimum value of five thousand dollars ($5,000.00), in a form acceptable to the city attorney. An additional bond or letter of credit shall be required if the estimated costs of construction and repairs, within the right-of-way, exceed the minimum amount. A larger valued minimum bond or letter of credit is an acceptable alternative to the use of several instruments.

(Ord. No. 62, § 10; Code 1961, § 36-38; Ord. No. 3051-83; Ord. No. 3223-84)

Sec. 38-52. - Prerequisite to issuance for drive-in theater entrance.

No permit required by this division shall be issued for the construction of a drive-in theater entrance, unless adequate off-street storage lanes are provided between the street right-of-way and the theater ticket booth or entrance to the theater parking area.

(Ord. No. 62, § 15; Code 1961, § 36-34; Ord. No. 3051-83)

Sec. 38-53. - Issuance for logging roads, tram roads and other temporary entrances.

The director of engineering may issue permits under this provision authorizing logging roads, tram roads and other temporary private entrances, but slash or other material shall not be permitted to block or impede drainage.

(Ord. No. 62, § 16; Code 1961, § 36-48; Ord. No. 3051-83; Ord. No. 3111-83, § 1)

Sec. 38-54. - Issuance for service or frontage roads.

The director of engineering may issue permits under the provisions of this division for service or frontage roads to be constructed by the permittee at the permittee's expense, upon such terms and conditions as may be necessary to protect the public interest.

(Ord. No. 62, § 17; Code 1961, § 36-49; Ord. No. 3051-83; Ord. No. 3111-83, § 1)

Sec. 38-55. - Issuance for cutting, trimming or spraying trees.

The director of engineering may issue a permit under this division for the cutting, trimming or spraying of trees on a street only when such work is fully justified in the public interest. Such work shall be done only in a manner prescribed in the permit so issued.

(Ord. No. 62, § 24; Code 1961, § 36-52; Ord. No. 3051-83; Ord. No. 3111-83, § 1)

Secs. 38-56, 38-57. - Reserved.

Editor's note—

Section 38-56, relating to issuance of emergency permits, derived from Ord. No. 62, § 8, and Code 1961, § 36-35, and § 38-57, relating to issuance and term of blanket permits, derived from Ord. No. 62, § 22, and Code 1961, § 36-40, were both repealed by Ord. No. 3051-83.

Sec. 38-58. - Issuance to, and responsibilities of, contractor for work on government project.

Where work on any government project is to be performed by a contractor, the permit required under the provisions of this division shall be issued in the name of the contractor. The contractor in such a case shall be responsible for inspection and guarantee fees under the provisions of Division 3 of this article and shall give evidence of liability insurance or bond as required in section 38-51.

(Ord. No. 62, § 13; Code 1961, § 36-46; Ord. No. 3051-83)

Sec. 38-59. - Contents of permits.

Permits issued under this division shall specify the manner and the conditions under which the permitted work shall be done. Unless otherwise specified in the permit, every permit issued shall be deemed to include the following provisions:

(1)

Public travel is to be protected by adequate lights, barricades and appropriate warning signals and signs at all times.

(2)

Public travel is to be blocked only in the manner and as specified in the permit.

(3)

Pavement is to be used for piling or storing of excavated material or for deposit of material and the placing of equipment only as specified in the permit.

(4)

The maximum amount of ditch, trench or other excavation to be opened at one (1) time shall not exceed two hundred fifty (250) feet, including the backfilled portion of any trench which is not in condition for public travel, unless the director of engineering finds reason for an exception.

(5)

All backfilling of excavations shall be done to a ninety-five (95) percent density compaction. Excavations within the improved section of the right-of-way shall be backfilled in accordance with section 38-62 of this article. Compaction by using water is not permitted.

(6)

On pavement cuts, the pavement shall be restored to its former dimensions, cross-section and profile with material conforming to city specifications.

(7)

No tree roots shall be cut to the extent of rendering the tree unsafe and, if possible, tunneling through or under roots instead of cutting anchor roots shall be followed.

(8)

Shoulders, ditches and drainage mediums shall be left in the same condition as found, or as specified in the permit.

(9)

The permittee agrees to repair any sinks in the backfill or pavement occurring within one (1) year after the work done under the permit is completed.

(10)

If entrances to adjacent property are affected, the permittee shall, if practical, provide temporary facilities for safe ingress and egress to such property.

(11)

The permittee agrees to restore the street to a satisfactory condition consistent with adjoining sections of the street in accordance with this article and as specified in the permit.

(12)

The permittee agrees, by the acceptance of the permit, to defend, indemnify, keep and hold the city free and harmless from liability on account of injury or damage to person or property growing out of activity authorized by the permit, whether suit is brought against the city either independently or jointly with the permittee.

(13)

The permittee agrees, by the acceptance of the permit, upon notice in writing, to remove or relocate any structure or installation placed in, on, under or over any street, if such structure or installation interferes with the use of the street or any public improvement or repair planned or found necessary thereon.

(14)

The permittee shall be responsible for complying with the Virginia Underground Utility Damage Prevention Act and city ordinances and state laws on erosion and sediment control.

(15)

The permittee shall give the director of engineering or his authorized representative twenty-four (24) hours' advance notice of the time permitted work is to begin. Additionally, permittees shall give four (4) hours' advance notice of requests for inspection prior to repairs of construction openings and/or prior to concrete pouring.

(Ord. No. 62, §§ 9, 21; Code 1961, §§ 36-36, 36-37; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3223-84)

Sec. 38-60. - Permit may provide for construction of entrances by city.

Whenever in the opinion of the director of engineering it is in the public interest for the city to construct an entrance for which a permit has been requested by an application filed as provided in section 38-49, the director may provide in the permit that the city will install pavement, pipe, curb and gutter or do such other work as the director deems to be in the public interest; but in all such cases the permittee shall furnish and deliver to the site any pipe or other materials necessary for the entrance.

(Ord. No. 62, § 14; Code 1961, § 36-47; Ord. No. 3051-83; Ord. No. 3111-83, § 1)

Sec. 38-61. - Authority of city when work done without permit.

Whenever any person uses a street for any purpose for which a permit is required under the provisions of this division, without such permit, the city may remove such work and restore the street to its original condition. Where the city exercises such right, it shall have the right to recover from such person its cost and expense.

(Ord. No. 62, § 12; Code 1961, § 36-45; Ord. No. 3051-83)

Sec. 38-62. - Backfilling and repair.

The permittee shall promptly refill any trenches or openings made with approved fill material in layers not to exceed six (6) inches in thickness, thoroughly tamping each layer with metal tampers having a tamping face of not more than twenty-five (25) square inches or machine compacted. The backfill materials shall be in optimum moisture content and shall be compacted within a tolerance of plus or minus twenty (20) percent as compared to the theoretical maximum density determined in accordance with Virginia Test Method I. On unimproved areas of the right-of-way, this process shall continue until such trench or opening is filled level with the adjoining surface, leaving the same smooth and ready to receive sod or seed. On improved areas of the right-of-way of primary streets, this process shall continue to within fifteen (15) inches of the surface grade where crusher run stone shall be used to complete the compaction process level with the adjoining surface, leaving the same smooth and safe for travel. On all other streets, the same shall apply, except that twelve (12) inches of crusher run stone shall be used. The designation of primary street shall be made by the director of engineering. Patching and repair of all streets shall be in accordance with city standards and as designated in the permit.

Tunnels will be backfilled evenly and fully so that the density of the fill will not be equal to that of the surrounding surfaces. Broken pavement, large stones, roots and other debris shall not be used in the backfill.

(Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3223-84)

Secs. 38-63—38-66. - Reserved.