Sec. 38-67. - Schedule.

(a)

Minimum permit and inspection fees for work for which a permit is required by this article shall be required in accordance with the following schedule:

(b)

In lieu of separate permits for each job, utilities regularly working within the various rights-of-way and easements of the city may apply for and be issued a blanket permit by the director of engineering pursuant to stated conditions and for a period not to exceed one (1) year. Such permit shall be issued only for work which does not entail the disruption of a right-of-way or easement and may be issued upon payment of an annual inspection fee of fifty dollars ($50.00).

(c)

Up to ten (10) individual street pavement cuts may be included on one (1) permit if each cut is not larger than one (1) square yard in area, all such cuts are within three hundred (300) linear feet along any one (1) street, the inclusion of additional cuts will not increase the inspection services required for any one (1) cut, and all such cuts will be able to be repaved or resurfaced at one (1) time.

(Ord. No. 62, § 26; Code 1961, § 36-61; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3223-84; Ord. No. 5933-03, § 1)

Sec. 38-68. - Amount of inspection fees.

Except as to the minimum fees set forth in section 38-67, inspection fees under this article shall be the actual cost of making inspections necessary to assure that the work is done in a proper and orderly manner. For work requiring more than four (4) hours of inspection time, a fee of fifteen dollars ($15.00) per hour shall be charged in addition to the minimum fee.

(Ord. No. 62, § 7; Code 1961, § 36-59; Ord. No. 3051-83)

Sec. 38-69. - Payment before issuance of permit; exception.

Fees required by section 38-67 shall be paid before the director of engineering shall issue a permit under the provisions of this article.

No such permit and inspection fee, however, shall be required in the event any person is required to dig up, break, excavate, tunnel, undermine or in any manner disturb the surface or subsurface of any street, lane, alley or public right-of-way if such actions are required by the city through its repair, alteration or widening of any such street, lane, alley or public right-of-way or any sidewalk and if such actions are to be performed within the limits of the project.

(Ord. No. 62, § 7; Code 1961, §§ 36-56, 36-57; Ord. No. 3051-83; Ord. No. 3111-83, § 1; Ord. No. 3134-84; Ord. No. 3223-84)

Secs. 38-70, 38-71. - Reserved.

Editor's note—

Section 38-70, relating to sufficiency of guarantee fees, derived from Ord. No. 62, § 7; Code 1961, § 36-58; and Ord. No. 3051-83; and § 38-71, relating to return of the guarantee fee, derived from Ord. No. 62, § 11; Code 1961, § 36-60; Ord. No. 3051-83; and Ord. No. 3111-83, § 1, were repealed by Ord. No. 3223-84.

Sec. 38-72. - Protective measures.

The permittee shall, by the use of city-approved barricades, fencing, railways, passways, lights or any other necessary safety equipment, protect the public from injury. Such protective measures shall be maintained until the city or its contractor commences resurfacing such area or until the city accepts such area without further resurfacing.

(Ord. No. 3051-83)

Sec. 38-73. - Protection of traffic.

The permittee shall not block or reroute traffic without the permission of the traffic engineer, which shall take the form of a sign plan submitted to and approved by the traffic engineer or his representative. Control of traffic shall be in accordance with this approved sign plan. Proper warning signs, cones, flagmen or any other necessary traffic-control device shall be in conformance with the federal manual on traffic-control devices, Virginia manual on traffic-control devices, and the Virginia Department of Highways and Transportation specifications for reflectorized sign materials and shall be provided by the permittee and maintained and positioned at such site so as to protect persons and property at all times during which traffic flow is or may be disturbed.

(Ord. No. 3051-83)

Sec. 38-74. - Protection of utilities.

The permittee shall not interfere with any existing utility without the written consent of the director of engineering and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them; and the expense of such repairs shall be charged to the permittee; and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility; and its bond or insurance carrier shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage in accordance with the Virginia Underground Utility Damage Prevention Act.

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

Sec. 38-75. - Protection of adjoining property.

The permittee shall at all times at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public property, the appropriate city department or city official having control of such property.

(Ord. No. 3051-83)

Sec. 38-76. - Protection of sidewalks.

Any excavation made along or under the length of a sidewalk run shall be provided with adequate protection for pedestrians as specified by the director of engineering or his representative. Where sidewalk areas have been removed, adequate sidewalk space shall be provided to ensure the safe passage of pedestrians.

Any excavation of a sidewalk which disturbs any portion of the square or rectangular pattern will require the repaving of the entire square or rectangle.

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

Sec. 38-77. - Protection of watercourses.

The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall pay all expenses experienced by the city in the proper replacement of such or shall make such provisions for them as the director of engineering may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations in accordance with city ordinances and state laws on erosion and sediment control, and shall be responsible for any damage resulting from its failure to so provide.

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

Sec. 38-78. - Protection of monuments.

The permittee shall not remove or disturb any monuments or property line pins found on the line of the excavation work without first obtaining the permission of the director of engineering to do so. Permission to remove or disturb such monuments shall only be granted upon the condition that the permittee shall pay all expenses incident to the proper replacement of such monument or pin by the city.

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

Sec. 38-79. - Return to city or replacement of bricks, materials.

The permittee shall save and return to the city, if it so desires, all brick or other material taken up, or replace same if lost or broken.

(Ord. No. 3051-83)

Sec. 38-80. - Cleanup.

As the excavation work progresses, the work area shall be thoroughly cleaned of all rubbish, excess earth, rock or other debris resulting from such work. All cleanup operations at such site shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the director of engineering.

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

Sec. 38-81. - Reserved.