19981110 1998-33ORDINANCE NO. 1998- 33
AN ORDINANCE AMENDING CHAPTER 20,
ARTICLE IV, SECTIONS 20-6 THROUGH 20-14
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
WHEREAS, the public health, safety and welfare may be
negatively impacted by improper utility and street
construction in the streets of the city; and
WHEREAS, to provide control of utility and street
construction activities in city rights-of-way and
easements a permit process has been established; and
WHEREAS, after introduction of an ordinance and a
public hearing, the City Council is of the opinion that
of Chapter 20, Article II, should be amended to reflect
current methods, procedures and practices for control
of construction activities in city rights-of-way and
easements.
1. NOW, THEREFORE, BE IT ORDAINED, by the City
Council of the City of Fairfax, Virginia, that sections
20-6 through 20-14 of the Code of the City of Fairfax,
Virginia are hereby amended in their entirety as
follows:
CHAPTER 20
ARTICLE II.
WORK WITHIN PUBLIC RIGHTS-OF-WAY
Sec. 20-6. Permit--Required
a. It shall be unlawful for any person to break,
dig up or open, or cause to be broken, dug up or opened
any street, road, highway, alley, bridge, sidewalk,
trail, underpass or any other public rights-of-way or
disturb any portion thereof, lying within the city for
any reason, including, but not limited to, the laying or
repairing sewer lines, water lines, gas lines, electric
lines or conduit, or telecommunications lines or
conduit, including cable television lines; installing
various appurtenances to such facilities; erecting or
removing utility poles; installing, removing or
relocating aerial utility lines or other related
appurtenances; or removing or constructing curbs,
gutters, storm sewers, sidewalks, pavements, and other
public improvements, without having first applied for
and obtained a permit to do so from the director of
public works, or if an issued permit has been suspended
or revoked.
b. In the event of an emergency that demands
immediate action to protect the public health, safety
or welfare, and for which a permit may not be
reasonably and practicably obtained beforehand, a
person may proceed with appropriate emergency actions,
provided that notification shall be given to the office
of the director of public works, or during non-office
1998-33
hours to the police dispatcher. In such an event,
application for a permit shall be made on the next
business day, and such permit, when issued, shall be
retroactive to the date when the work was begun.
Emergency actions shall be undertaken under the same
rules and regulations as required for permits under
this section, including, but not limited to,
requirements for marking of other utilities and for
proper work zone safety.
Sec. 20-7. Same--Fee
Before any permit required by this article is
granted, the applicant therefor shall pay a permit fee
as set forth in the schedule of rates and levies
adopted annually by the city council. Copies of such
schedule are on file in the office of the city director
of finance. The permit fee may be waived at the sole
discretion of the director of public works, or his
designee, for work performed under contract to the
city, including contracts for city water and sanitary
sewer utilities, and for Virginia Department of
Transportation contractors when performing publicly
funded projects within the city, and as otherwise
provided by this Code.
Sec. 20-8. Same---Bond prerequisite to issuance.
No person shall be granted a permit required by
this article unless he shall first enter into a bond,
with sufficient surety, or in lieu thereof, by a cash
bond, payable to the city and meeting all requirements
of Article XI of Chapter 2 of this Code. Such bond,
shall be conditioned upon the restoration of the public
right-of-way to its prior condition, and the director
of public works shall be the sole judge of the adequacy
of such restoration. The penal sum of the bond shall
be in an amount to be determined by the director of
public works, and shall be such amount as will enable
the city to have such restoration done properly in the
event that it is not done by the permit holder. In the
event of a cash bond, such bond may be returned to the
permit holder by the director of public works at such
time as he considers the bond condition as having been
met. Bonds posted in accordance with franchises,
licenses or other agreements or for site developments
shall be acceptable for meeting the intent of this
section provided such bonds are first reviewed by the
city attorney and contain no limitations in
applicability to work under these permits.
Sec. 20-9.
Same---Acceptance constitutes agreement to
save city harmless from damages.
Any person accepting a permit under this article
thereby agrees to indemnify and save harmless the city,
its elected officials, employees, agents and
volunteers, from all claims for damages to persons or
property resulting from work on or within any public
right-of-way within the city or by failing to safeguard
such work.
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1998-33
Sec. 20-10. Same---Where to be kept; display.
Any permit granted under the terms of this article
shall be kept at the construction site and shall be
displayed on demand by the city.
Sec. 20-11.
Same---Notice to director of public works
and chief of police prior to starting and
completing work.
Any person granted a permit pursuant to this
article shall notify the city department of public
works and the police department each day at least one
hour prior to the start of work.
Sec. 20-12. Same---When work to be started and
completed.
Ail work proposed to be done pursuant to a permit
issued under the terms of this article shall be
commenced and completed within the dates specified on
the application for the permit. The department of
public works shall be notified for purposes of
undertaking an inspection of the work following the
completion of work, or other period as agreed to.
Inspection times and frequency shall be at the sole
discretion of the director of public works, or his
designee.
Sec. 20-13. Same---Construction safety.
Any person doing any work regulated by this
article shall provide adequate construction zone work
safety measures as are required and necessary for the
protection of the public, including, but not limited
to, adequate lighting for nighttime operations.
Sec. 20-14. Same---Penalty for violation of this
article.
The director of public works, or his designee,
reserves the right to stop work at any time and at his
sole discretion, complete any of the work covered under
the permit, or any other work required to restore the
public right-of-way to its condition prior to the start
of work. Permittee, or the person undertaking work on
the public right-of-way if no lawful permit exists,
shall reimburse the city for all costs incurred,
including attorney's fees and costs of litigation.
2. This ordinance shall become effective as provided
by law.
INTRODUCED: October 27, 1998
PUBLIC HEARING: November 10, 1998
ADOPTED: November 10, 1998
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1998-33
Vote:
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Peterson
Councilman Rasmussen
Councilman Silverthorne
absent
aye
aye
aye
aye
aye
ATTEST:
~ 0 c±ty
Mayor
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