Loading...
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. page 2 of 4 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 page 3 of 4 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 page 4 of 4