Sec. 17-40. - Intent.

The intent of this article is to establish sufficient control and procedures to ensure that all construction operations that occur in the streets, whether proposed, existing, or private shall be of acceptable quality, and performed promptly by accepted procedures so that the safety, health and welfare of the public shall be served, and so that future maintenance by the town shall be facilitated.

(Ord. No. O-81-53, 9-14-81; Ord. No. 93-6-28/O-8, § 1)

Sec. 17-41. - Definitions.

(1)

Town manager. For this article, this shall mean the town manager or his agent to whom he has delegated the duty of enforcing this article.

(2)

Public street. For this article, the term includes public alleys and sidewalks, as well as roads and public streets.

(3)

Private street. For this article, the term includes any street, alley, road easement, or travel way which is not part of the public street system and/or public street, unless exempted in writing by the town manager.

(Ord. No. O-81-53, 9-14-81; Ord. No. 93-6-28/O-8, § 2)

Sec. 17-42. - Contractors' requirements.

(1)

Prior to the start of construction of any public street, paving, curb and gutter, sidewalks, storm drainage structure, water or sewer facility, or other public improvements (within the planning and zoning jurisdiction of the Town of Chapel Hill) that will ultimately be maintained by the Town of Chapel Hill, and also prior to the cutting of any pavement, curb or sidewalk in an existing public street, the person intending to do so shall obtain a construction permit from the town manager. A construction permit shall be issued only after plans for the construction, construction cost estimates, and other information required by the town manager, have been submitted to him; the town manager has approved said plans, has collected the appropriate fees set forth in the most recent schedule of fees adopted by the council, and has received the appropriate bonds.

(2)

Review periods on permit requests may vary from a minimum of twenty-four (24) hours for simple public street cuts to two (2) weeks for large subdivisions. The applicant should verify the review time with the town manager.

(3)

Utility companies that are franchised by the town are not required to obtain construction permits. However, they do have the obligation under their franchise agreements to notify the town manager's office twenty-four (24) hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic. Utility companies shall be required to perform their work according to the construction standards and signing requirements stated in this article. Utility companies shall also be required to pay public street cut assessments for any public street cuts they make. In an emergency that requires work in the public street to be started without delay, the utility company shall contact the police department.

(4)

If the work is to be done in a state-maintained public street, the contractor shall also obtain all necessary state encroachment agreements and approvals in addition to those contained in this article as a prerequisite to obtaining the town's permit.

(5)

A contractor working on a public street shall have a valid license and shall be required to have a certificate of public liability insurance of three hundred thousand dollars ($300,000.00) on file in the town clerk's office.

(6)

As a condition of obtaining a permit, the contractor shall be required to indemnify and save harmless the town against any damages or liability arising out of or resulting from such construction.

(Ord. No. O-81-53, 9-14-81)

Sec. 17-43. - Authority and duties of the town manager.

(1)

The town manager shall have the right to suspend or revoke any construction permit if he determines that the conditions, requirements or standards concerning said permit or the requirements contained in this article are not being met, and all work shall stop until he reinstates the permit. A penalty in the amount stated in the most recent fee schedule resolution shall be assessed and payment received prior to reinstatement of the permit.

(2)

It is the duty of the town manager to review construction permit requests, engineering plans and specifications and to advise the contractor of all requirements concerning the work.

(3)

The town manager shall establish the proper fees and bonds according to requirements of this article and the most recent fee schedule resolution and must receive same prior to issuance of any construction permit.

(4)

The town manager may also perform necessary inspections of the construction to ensure proper compliance with this article and all conditions or requirements and all town standards of construction.

(Ord. No. O-81-53, 9-14-81)

Sec. 17-44. - Fees.

(1)

All construction, except that performed by franchised utilities, within the public street, proposed public street or easement shall be charged a construction permit fee at the current fee schedule as stated in the fee schedule resolution.

(2)

Public street cut assessment. For the privilege of making an open cut in a public street, a repair and future maintenance assessment shall be billed to the contractor, including franchised utilities, upon completion of the public street cut. The assessment shall be according to the current fee schedule resolution passed by town council.

(Ord. No. O-81-53, 9-14-81; Ord. No. 93-6-28/O-8, § 3)

Sec. 17-45. - Bonds.

(1)

All parties undertaking construction in existing or proposed public streets, and existing utility easements shall post a performance bond in the amount of one hundred twenty-five (125) per cent of the estimated construction cost. A performance bond shall be posted prior to issuance of a construction permit. Bonds are required in all cases except for: work by franchised utilities, work performed in unrecorded right-of-ways unrecorded utility easements as shown on approved and preliminary plats which are associated with a new subdivision and as permitted under subsection (4) below.

For private streets, a final plat shall not be approved until a professional engineer certifies that the street is built to town standards and provides supporting test results to that effect.

(2)

Excluding private streets which do not require warranty bonds, all completed construction is subject to a one year warranty period; and a warranty bond in the amount of twenty-five (25) per cent of the total project cost, or fifty thousand dollars ($50,000.00), whichever is less. The warranty bond must be posted when the street is accepted by the town manager.

(3)

In addition, all bond requirements of the town's subdivision, zoning and other land use management ordinances and standards shall be complied with.

(4)

If the total cost of the construction is less than ten thousand dollars ($10,000.00), the town manager may waive all performance bond and warranty bond requirements if the contractor has no outstanding obligations to the Town resulting from previous construction projects and has no prior history of failure to comply with Town requirements. This waiver provision cannot be used when bonds are required for plat recording or special use conditions.

(5)

Bonds may be cash, certified check, bank letter of credit, savings and loan letter of credit, or a surety bond written on a company licensed by the N.C. Department of Insurance and granted fidelity and surety authority in accord with state law.

(Ord. No. O-81-53, 9-14-81; Ord. No. O-82-64, § 1, 9-13-82; Ord. No. 86-10-27/O-6, § 1; Ord. No. 93-6-28/O-8, § 4)

Editor's note—

At the discretion of the editor, subsections (a)—(e) of § 17-45, as amended by Ord. No. O-82-64, adopted Sept. 13, 1982, have been redesignated as subsections (1)—(5) in order to maintain a uniform system of numbering in this article.

Sec. 17-46. - Construction standards and procedures.

All construction in a public street shall conform to all requirements in "The Town of Chapel Hill Street Construction Standard Specifications," as amended.

(1)

Cutting pavement.

(a)

Initial cut. The contractor shall use a cutting blade on a jack hammer or saw cut the asphalt through the entire thickness of the existing pavement. If concrete pavement is encountered, the contractor shall contact the town manager prior to proceeding.

(b)

Final cut. After the excavation is completed and backfilled, the contractor shall saw cut the disturbed pavement so that all final cuts shall be straight lines with no broken lines less than ten (10) feet long.

(2)

Utility locations. The contractor shall call utility companies to come to the site and locate their utility lines and advise of the approximate depth. If any lines are located at a higher location than the proposed work or within twelve (12) inches below the proposed work, the contractor shall notify the town manager.

(3)

Backfilling open ditch cuts. The contractor shall backfill any ditch made with approved soil that is free of organic material and does not contain more than five (5) per cent clay content (number 200 sieve). Backfill material at a moisture content range of + two (2) per cent of optimum shall be placed in a surface-dry ditch in six-inch layers and compacted to ninety-eight (98) per cent of laboratory compaction (standard proctor). If required by the town manager, the contractor shall verify soil compaction from an approved independent testing laboratory. Testing costs shall be borne by the contractor where the test results indicate the failure to comply with the conditions of this article and by the town where the test results comply with these requirements. For paved streets the ditch shall be filled with compacted soil to a point no higher than ten (10) inches below the top of the pavement. Stone shall be placed in two (2) layers and compacted as above. The stone shall be level with the top of the pavement. For dirt or gravel public streets, the ditch shall be filled with compacted soil to a point no higher than six (6) inches below the finished grade of the street. Stone shall be placed in one (1) layer and compacted as described above. The stone shall be level with the finished grade of the public street.

(4)

Construction schedule. A construction schedule must be submitted to the town manager along with the engineering construction plans. The intent is to minimize conflicts with public use of the public street and to minimize the duration of any disruption. The town manager shall have the right to limit work operation periods as necessary to protect the public safety and welfare. Work involving major intersections and thoroughfares may be required to be done at night or during low traffic volume periods. No open trench cut of a public street shall be allowed to remain open overnight without permission of the town manager. The contractor shall be required to maintain traffic flow at all times unless permission is granted by the town manager.

(5)

State-maintained public streets. There may be different construction standards applicable in state-maintained public streets.

(Ord. No. O-81-53, 9-14-81)

Sec. 17-47. - Construction signing and traffic control.

(1)

Any developer, contractor or utility working in a public street shall meet certain requirements related to proper construction warning signing, traffic lane transitions, construction flaggers, detours, barricades, etc., at and around the work site in order to provide maximum protection to pedestrian and vehicular traffic. The detailed plan for this construction signing requirement shall be submitted to the town manager for approval prior to authorization to proceed on any work in the public street.

(2)

If, in the opinion of the town manager, the work requires special police control, the contractor shall arrange for use of off-duty officers, at the contractor's expense.

(3)

When the town manager determines that there is a failure to comply with the provisions of this section, the town shall have the right to provide proper signing, construction protection and traffic control as necessary and charge the contractor for cost of personnel, equipment and materials necessary to correct the situation.

(4)

Traffic control devices and procedures used pursuant to this section shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" published by the Federal Highway Administration, and the "North Carolina Construction Maintenance Operations Supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways."

(5)

General requirements include the following:

(a)

Traffic control devices shall be set up by the person or agency doing work prior to start of work, and shall be removed subsequent to completion of work.

(b)

All traffic control devised for the work area shall be reflectorized for night use pursuant to Section 633 of the Standard Specifications for Construction of Roads and Bridges on Federal highway Projects (FP-74).

(c)

Minimum width for temporary travel lanes shall be ten (10) feet; however, a twelve-foot lane is advisable where possible.

(d)

When traffic must be routed across a public street center line, the two (2) opposite directions of traffic flow must be physically separated. Traffic cones should be used during daylight hours and reflectorized drums or barricades should be used at night for this purpose.

(6)

The following table establishes the specific requirements associated with the use of traffic control devices for channelization of traffic around work sites. Such devices as cones, drums, barricades, and other advance warning signs shall be used in conformity with the "North Carolina Construction and Maintenance Operations Supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways."

(Ord. No. O-81-53, 9-14-81)

Editor's note—

The table mentioned in paragraph (6) has not been reproduced herein. It may be found on file in town records.

Sec. 17-48. - Plans and permits on job site.

The contractor shall maintain a set of the town-approved plans and the construction permit on the job site at all times when work is in progress. Failure to do so shall result in the revocation of the construction permit and assessment of penalty sums.

(Ord. No. O-81-53, 9-14-81)

Sec. 17-49. - Violations.

Willful violation of any provision of this article shall be a misdemeanor.

(Ord. No. O-81-53, 9-14-81)

Secs. 17-50—17-56. - Reserved.