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HomeMy WebLinkAboutOrdinance - 2021-O0171 - Chapter 37 - Infrastructure ConstructionFirst Reading December 7, 2021 Item No. 8.18 ORDINANCE NO. 2021-00171 Second Reading December 14, 2021 Item No. 7.2 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS IN REGARD TO UTILITY CONSTRUCTION IN PUBLIC RIGHTS -OF -WAY AND WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHTS -OF -WAY; REPEALING ARTICLES 36.09 AND 36.10; CREATING CHAPTER 37, ARTICLE 37.01 PERMITTED CONSTRUCTION IN RIGHT-OF-WAY, ARTICLE 37.02 WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY, RESERVING ARTICLES 37.03 -- 37.10; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, "Texas finds and determines that it is in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock to make the following amendment to Chapter 36 and Chapter 37 of the Code of Ordinances of the City of Lubbock; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Articles 36.09 and 36.10 of the Code of Ordinances of the City of Lubbock, Texas are hereby repealed. SECTION 2. THAT Chapter 37 of the Code of Ordinances of the City of Lubbock, Texas is hereby created to read as follows: CHAPTER 37 INFRASTRUCTURE CONSTRUCTION ARTICLE 37.01 PERMITTED CONSTRUCTION IN RIGHT-OF-WAY Division 1. General Sec. 37.01.001 Definitions For purposes of this article, the following definitions shall apply: shall mean the Americans with Disabilities Act. Aerial work shall mean any installation or maintenance on utilities above ground within the ROW. BMP shall mean best management practice. Business day shall mean a day when the municipal building of the City of Lubbock is open to the public for business. C t shall mean the City of Lubbock, Texas and its officers and employees. City -dedicated easement shall mean any type of easement that has been dedicated to the city for city infrastructure only. City Engineer shall mean the City of Lubbock City Engineer or his or her designee. Emergency shall mean operations and repairs necessary to respond to a situation that endangers life, health and safety, or property, or a situation in which the public's need for uninterrupted service and reestablishment of service, if the service is interrupted and compels immediate action. Upgrading of facilities, new service installation, and neighborhood improvement projects are not emergency operations. Excavation shall mean activity that removes or otherwise disturbs soil in the ROW at a depth of sixteen inches (16") or more, or disturbs any street or alley pavement of any depth. Flow ill shall mean a mix of sand and Portland cement, utilizing a ratio of 1.5 sacks of cement (94 pound sacks) per cubic yard of material. High profile project shall mean utility projects requiring installation or repair of facilities in the ROW deemed high profile by the City Engineer that would typically garner substantial public and/or political interest. Life of the street shall mean such time as the street is reconstructed or the PCI (pavement condition index) of the street has a value of less than 50. Minimum Design Standards and Specifications shall mean the City of Lubbock, Engineering Minimum Design Standards and Specifications. The Minimum Design Standards and Specifications that are incorporated by reference into this article and the terms and conditions of the Minimum Design Standards and Specifications are binding upon any entity acting under any portion of this article. In the event of any discrepancy or ambiguity between this article, this code, or the Minimum Design Standards and Specifications, the Minimum Design Standards and Specifications will control. Moratorium Street shall mean any street or block that has been constructed, reconstructed, or repaved by the City of Lubbock or any other owner or persons in the preceding five (5) years. New street shall mean the paved portion of the ROW that has been constructed, reconstructed, or resurfaced with an asphalt overlay, full -depth reclamation, reconstructed or other structural street maintenance treatment with in the last five (5) years or a PCI of 85 or higher. Orangeburgpipe shall mean bituminized fiber pipe made from layers of wood pulp and pitch pressed together. Pavement condition index (PC __ shall mean a measure of the condition of the street, on a scale of 1 to 100. The PCI is available from the pavement management office of the city's street maintenance department. PCC shall mean Portland cement concrete. Permit shall mean a permit issued by the City Engineer to a person, partnership, corporation, utility, ROW user or any other legal entity authorizing construction work in the city's ROW or other public property. Permit holder shall mean any person, partnership, corporation, utility, ROW user or any other legal entity that has been granted a permit for construction work in the city's ROW or other public property. Project large shall mean utility projects requiring installation or replacement of utility facilities in the ROW for a distance greater than one thousand (1,000) feet in length or any size excavation with in the ROW of a Principal and Minor Arterial. Project medium shall mean utility projects requiring installation or repair of facilities in the ROW for a distance of greater than twenty five (25) feet in length and less than one thousand (1,000) feet in length and not in a Principal and Minor Arterial. Project small shall mean utility projects requiring installation or repair of facilities in the ROW for a distance of less than twenty five (25) feet in length and not in a Principal and Minor Arterial. ROW shall mean the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway. The term does not include a private easement, private property, publicly owned property, or the airwaves above the city's right-of-way with regard to wireless telecommunications. ROW bond shall mean the type of license and permit bond that guarantees the performance of work in a publicly owned ROW. ROW user shall mean a franchise utility, a certified telecommunications company, or any other privately, publicly owned utility authorized to conduct business in order to install, construct, maintain, or repair their facilities in the city right-of-way. The term "ROW user" shall also include any contractor or other agent or person engaged by a ROW user to work on facilities located in city's right-of-way. The granting of a permit to a contractor or agent of a ROW user shall be deemed to be the granting of a permit to the ROW user for purposes of this article. Sanitar sewer service line shall mean a service line that is a privately owned (typically) four (4) inch diameter underground gravity pipe that extends from the city's municipal sewer main to the residential/commercial/industrial structure receiving service. The service line conveys the wastewater generated by customers to the municipal wastewater collection system. Sanitary sewer main line shall mean a municipally owned and maintained six (6) inch or greater underground gravity pipeline located within public ROW or easement that collects wastewater from sewer service lines via sewer taps and conveys wastewater toward sewer trunk lines and interceptors. Street in good condition shall mean the paved portion of the street ROW that has a PCI of eighty-six (86) or above. Temporary use of ROW shall mean use of the ROW for less than one (1) hour. TMUTCD shall mean the Texas Manual on Uniform Traffic -Control Devices, latest edition. Traf is control shall mean the planning and installation of all signs, signals, markings, and other devices used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, pedestrian facility, bikeway, or private road open to public travel. The purpose of which is to promote roadway safety and efficiency by providing for the orderly movement of all road users on streets, highways, bikeways, and private roads open to public travel. Trenchless technoloshall mean the type of subsurface construction work, utilizing various methods, materials, and equipment for the installation of underground infrastructure with minimal disruption to surface traffic, business, and other activities. Utility shall mean any privately or publicly owned entity which uses public ROW to furnish the public any general public service, including, without limitation, sanitary sewer, storm sewer, gas, electricity, water, telephone, telecommunications, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within the ROW. White lining shall mean marking an excavation site with washable marking paint or flags prior to requesting a utility locate in order to further identify the site. Sec. 37.01.002 Overview The city acknowledges the need to upgrade, maintain, replace, and install new utilities. The city also recognizes the disruptive impact these excavations have on the neighborhoods and traveling public. These rules and regulations are designed to balance these competing needs, and to preserve and maintain the public health, safety, welfare, and conveniences. Sec. 37.01.003 Enforcement Any person who violates any provisions of this article shall be guilty of a misdemeanor in accordance with section 1.01.004 of the Code of Ordinances and upon conviction shall be subject to a fine not to exceed the amount specified by State law for such offenses. Each day of such violation shall constitute a separate offense. Sec. 37.01.004 Public entities All provisions of this article, unless otherwise stated, are applicable to excavation made by the city and its contractors, as well as to excavations made by or on the behalf of governmental entities. Sec. 37.01.005 to 37.01.009 Reserved Division 2. Administration, Registration, Permits Sec. 37.01.010 Registration requirements and information (a) All persons or contactors performing work within the ROW must first register with the city and supply all required information before they will be issued an initial permit. Registered persons shall report any changes in the registration information within thirty (30) days of such change. (b) Application for registration as a ROW user shall be made upon forms provided by the City of Lubbock Engineering Department. In addition to a completed application form, proof of insurance, as specified in section 37.01.015 shall be provided at the time of application. All first time contractors shall provide references for similar work performed within the ROW from three (3) cities similar in size to the City of Lubbock. (c) The permit holder shall post a ROW bond or cash -equivalent security as described in Division 5 of this article. An insurance company licensed to do business in the State of Texas shall issue this bond. Sec. 37.01.011 Utility emergency excavation and damage to ROW user facility (a) When a ROW user suddenly and unexpectedly finds it necessary to make an excavation to preserve life or property and/or to restore interrupted essential services, the excavator may begin work before obtaining a ROW permit. The person excavating or ROW user shall apply for a ROW permit no later than the following business day. (b) If a permit holder in the course of an excavation cuts or damages another ROW user's facilities, the ROW user whose facility that was damaged may perform the work necessary to repair their facility without obtaining a permit if no further excavation is needed. (c) Cleanup of ROW due to hit utility is the responsibility of the original permit holder. (d) The original permit holder for an excavation is responsible for meeting all the requirements of this article, including backfilling and paving repairs, for all extended excavation attached to the original excavation. 1 Additional Excavation required to make repairs on Utility. Permit required for ROW user all backfill and pavement restoration responsibility of ROW user. 3 a. M n Utility Over excavation required to repair damage, backfill and repair shall be the original permit holders Sec. 37.01.012 Permit required (a) Any persons conducting any activity within the city's ROW is required to apply for a permit prior to work commencing, unless said work is an emergency as authorized by section 37.01.011 of this article. (b) Notwithstanding the requirements of subsection (a), no permit shall be required for the installation and connections necessary to initiate service to a customer's property or routine repair and maintenance of existing facilities that will interfere with traffic for less than one hour or excavate less than sixteen (16) inches in depth, unless such activity requires the breaking of pavement, boring, or excavating with equipment greater than hand tools or a vibrating plow designed to install lines up to a three-inch diameter. (c) Utility construction in a city -dedicated easement shall require a ROW utility construction permit. Sec. 37.01.013 Bulk permit The City Engineer may issue a "Bulk permit" for routine maintenance or repair of existing and/or new service line(s) or utility work in the ROW for excavations that are repetitive in nature within a continued section of ROW and not one continuous excavation. Updates shall be given to the city on a daily, weekly, or other schedule as requested by the City Engineer. Sec. 37.01.014 Permit information (a) A permit issued under this article is personal to the permitted person, contractor, or ROW user and may not be transferred to another person, contractor, or ROW user or used by other persons, contractors, or ROW users to perform the excavation authorized in the permit. (b) The permit does not grant access rights to private property. Any access needed by the permit holder to private property will require permission and/or coordination of any construction activities with the developer or property owner. (c) In the event of a joint trench with multiple utilities, the contractor excavating the trench will be responsible for securing the permit. (d) Excavations done in the ROW or in any manner pursuant to a Street, Alley, or other Right -of -Way Use License with a private citizen or landowner shall require a ROW permit and be subject to all the rules and guidelines of this article. Sec. 37.01.015 Insurance (a) The applicant for permit shall furnish a certificate of insurance evidencing general liability provided by an insurance company that carries an AM Best Rating A or better. The company, or companies, must be authorized to do business in this state, or evidence of self-insurance satisfactory to the city evidencing that the city is adequately protected from any liability or damages resulting by virtue of applicant's construction. The certificate of insurance shall be filed with each application for a permit. The general liability required herein shall have a minimum limit of one million dollars ($1,000,000.00) per occurrence and a two million ($2,000,000.00) general aggregate limit. The general liability will also extend additional insured status to the city. (b) By acceptance of a permit, the applicant agrees to indemnify and hold harmless the city, its officers, agents, servants, and employees from any and all claims, damages, suits, attorneys' fees, causes of action, and judgments which may result in any manner from the construction or laying of any improvements upon any public street, alley, or ROW in the city. (c) By acceptance of a ROW permit, the applicant agrees to, during the period of construction and prior to the acceptance of such improvements by the city, maintain such public street, alley, or ROW in a safe condition and issue all necessary instructions, and take all precautions as may be reasonably required, to maintain such public streets, alleys, or ROW in a safe condition for all public use. (d) Permits for utility work performed by city crews within the public ROW or on public property shall not require insurance. Sec. 37.01.016 Work done without permit (a) Except for emergency excavations identified in section 37.01.011 of this article, no ROW user or contractor shall disturb the ROW without first securing a permit. Any individual performing construction in the ROW, without a valid permit who refuses to vacate the ROW after notification from the city could be subject to; (1) Civil penalty (2) Removal of all equipment, material, vehicles, and traffic control devices at permit holder expense. (3) Payment of expenses to restore the ROW to original condition. (4) Denial of future permits. Sec. 37.01.017 Coordination with city (a) ROW users should consult the City of Lubbock Master Thoroughfare Plan to ensure installation of facilities will not conflict with future city roadway projects. (b) All newly constructed roadways shall have a five (5) year moratorium. No excavation shall be allowed during moratorium without the City Engineer's approval. Additional fees and requirements may apply to permits issued in Moratorium Streets. (c) ROW users shall relocate any utility or facility within the ROW upon written request by the city for the purpose of city infrastructure improvements, within thirty (30) days of request, this shall be at no cost to the city, unless the utility or facility is contained within a dedicated easement. (d) Permit holder shall coordinate with city departments, to allow the city to maintain city services to customers within the ROW affected by construction throughout duration of the project. Failure to coordinate as described herein may result in suspension or revocation of a validly issued permit. Sec. 37.01.018 Permit application (a) A ROW permit must be obtained by the persons, contractor, or ROW user performing the work. Applications for a ROW permit shall be made on forms provided by the city and, if required by City Engineer, be accompanied by drawings, plans and specifications as necessary that provide sufficient detail of work being performed. The City Engineer may require additional information. (b) All permit applications shall be accompanied with drawings of the intended route and depth of construction. (c) Permit applicant shall have a valid One -Call ticket under excavators name and located within the permitted area. Sec. 37.01.019 Permit denial (a) A permit may be denied for any of the following reasons: (1) Failure to provide proof of liability insurance/bond acceptable to the city, to the extent required herein. (2) The excavation would be in a new street and not otherwise permitted by this article. (3) The proposed activity would violate a city ordinance, state or federal statute. (4) The permit application contains false or misleading information. (5) The activity would cause a public health or safety hazard. (6) The ROW user is in violation of this article relative to work in progress. (7) The ROW user or contractor applying for permit has a history of non- conformance of ordinance and/or outstanding unresolved compliance issues. (8) Permit applicant has unpaid fees as described in this article. (9) The proposed activity would conflict with a permit previously approved by the city. (10) ROW user has outstanding or unpaid claims with the city for infrastructure damages. Sec. 37.01.020 Appeal of registration or permit denial (a) A ROW user or other applicant that has been denied registration or a permit may appeal denial upon written request as follows: (1) Appellant shall provide, within five (5) business days of denial a written notice of appeal filed with the City Engineer. The notice must state the potential corrections for denial, alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The City Engineer shall provide a written decision within five (5) business days of receipt of the appeal. Failure to render a decision within five (5) business days shall constitute an approval. (2) If a further denial is upheld, the appellant may thereafter file a written notice of appeal to the Permit and License Appeal Board with the City Secretary's office within ten (10) business days of receipt of the City Engineer's office written decision. The City Secretary shall notify the City Engineer and the appellant of the time and place of hearing of the appeal by the Permit and License Appeal Board of the City of Lubbock. Sec. 37.01.021 Issuance (a) The City Engineer shall issue a permit under this section by the following criteria. Once all of the registration and permit requirements are met and assurance that the health, welfare, and safety of the public will not be unreasonably impaired: (1) Within five (5) business days for projects deemed small/medium. (2) Within ten (10) business days for projects deemed large. (b) The City Engineer may require more than ten (10) days for large projects that require interdepartmental coordination. Sec. 37.01.022 Completion of construction The permit holder shall complete all construction activities within established timelines of this article and permit to minimize disruption of the public ROW and other public and private property. Sec. 37.01.023 Revocation or suspension of registration and/or permit (a) The city reserves its right, as provided herein, to revoke or suspend any permit without refund of any fees, in the event of a breach by the permit holder of the terms and/or conditions of the permit or of this chapter or any city ordinance. (b) The city may revoke or suspend the registration and/or permit of any ROW user with a history of violation of city ordinances, standards and specifications, or egregious safety violations. (c) The city may revoke or suspend a registration and/or permit of any ROW user if the ROW user fails to disclose damage to any utility. Sec. 37.01.024 Permits and construction in Downtown or Historical Districts (a) It shall be the ROW user or permit holder's responsibility to know whether they are working in a downtown or a historical district. The ROW user or permit holder shall follow all codes, standard and specifications adopted by such district. (b) A permit is required for installations in the downtown underground duct system of the central business district. (c) Any brick streets identified in Code of Ordinance Chapter 40.03.3221, 36.07.011, 36.08.006 shall be repaired in accordance to standards identified in said Chapters. Sec. 37.01.025 Work performed under street/alley use agreement (a) Any person, contractor, or ROW user must obtain a ROW permit from the City Engineer prior to beginning any work pursuant to a Street, Alley, or other Right - of -Way Use License. This includes but is not limited to privately owned grease traps, sewer manholes, or cable pull boxes. (b) Any structure installed in the ROW shall have an 11-20 traffic rating and shall be submitted to the City Engineer's ROW office for approval. (c) Any excavation smaller than one (1) square foot or any excavation too small to backfill described in section 37.01.042 (i) of this article shall be backfilled in its entirety using llowfill. (d) All grease trap excavations shall be backfilled in its entirety using flowfill regardless of excavation size. (e) The City of Lubbock Engineering Department is not responsible for the installation, connection or internal piping of grease traps. (f) All work schedules, notifications, and inspections shall be followed as indicated in this article. Sec. 37.01.026 to 37.01.030 Reserved Division 3. Standards for Excavation, Backfill, and ROW Restoration Sec. 37.01.031 Responsibilities of permit holder or ROW User (a) The permit holder or ROW user shall be responsible for performance of and compliance with all provisions of this article. The permit holder or ROW user shall perform all work, whether done in ROW, private property, or utility in accordance with all federal and state laws, rules and regulations, city codes, or applicable standards and specifications, Lubbock Power and Light standards and specifications, including but not limited to rules and regulations set by the Railroad Commission of Texas. (b) Permit holder shall be responsible for maintaining the excavation site in a reasonably clean and litter -free condition. Any debris found at the excavation site, regardless of the source, must be removed immediately at no cost to the city. Gutters shall not be obstructed and storm drain inlets must be protected. (c) Equipment outrigger shall be fitted with pads to avoid damage whenever outriggers are placed on any paved surface. Steel tracked vehicles are not permitted on paved surfaces unless effective precautions approved by City Engineer are taken to protect the surface. (d) Permit holder or ROW user shall establish and maintain storm water BMP's. (e) Permit holder or ROW user shall be responsible for any damage caused to the pavement by the operation of any equipment and shall repair such damages. (f) The permit holder or ROW user shall be fully responsible for safeguarding persons and property from damage or injury. (g) A permit holder or ROW user is responsible for maintenance of all excavated areas. A permit holder or ROW user guarantees its work and shall maintain it for the remaining Life of the Street as defined in this article. (h) Any utility owner and/or their contractor performing construction in any city ROW shall have a representative at the site at all times while work is in progress, who shall be able to clearly communicate with the city staff and the citizens of Lubbock. (i) The permit holder, utility, or ROW user shall make the work site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work. Sec. 37.01.032 Safe and accessible path -of -travel (a) The permit holder shall maintain a public walkway in accordance to the latest ADA rules regarding construction sites that block a public sidewalk or path. (b) It shall be the duty of the permit holder or ROW user to make provisions for the safe crossing of pedestrians and orderly movement of vehicular traffic. (c) ROW user or permit holder shall install safeguards around and over any open excavation: (1) Permit holder shall install fencing around unattended excavation in a manner that withstands wind and rain, does not allow entry to the excavation by pedestrians or pets, and does not sag over time. (2) The permit holder may be required to install additional or special safeguards if required by the City Engineer. (3) Steel plates covering an excavation may be deemed as sufficient if approved by City Engineer. Sec. 37.01.033 Display of permit and signage Permit holder shall display required signs at all times of day and night for the duration of the construction project. (a) Utility projects deemed small, as defined in this article in section 37.01.001 (1) The permit holder shall maintain a digital or paper copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City Engineer at all times when construction work is occurring. (2) All permitted utility owner and contractor vehicles and equipment must be clearly marked with the company name while located at a construction or work site. Signage, with minimum dimensions of two (2) feet by two (2) feet, shall be displayed at the construction site. (3) All signs shall display facility owner's name, permit holders name and contact information that is available twenty-four (24) hours per day, seven (7) days a week. (b) Utility projects deemed medium and large as defined in this article in section 37.01.001. (1) The permit holder shall maintain a paper copy of the construction permit and approved plans at the construction site. The permit shall be displayed in a water proof manner on the same four (4) feet by four (4) feet sign required in this section and made available for inspection by the City Engineer or his or her representatives at all times while the permit holder occupies the ROW. (2) All permitted utility owner and contractor vehicles and equipment must be clearly marked with the company name while located at a construction or worksite. Signage, with minimum dimensions of four (4) feet by four (4) feet displayed at the beginning and the end of the traffic -control work zone on Major Arterial or within the construction site if not on a Major Arterial and clearly visible to motorists and pedestrians. (3) All signs shall display facility owner's name, permit holder's name, contact information that is available twenty-four (24) hours per day, seven (7) days a week, description of project, and project limits. Sec. 37.01.034 Notice to affected property owners and emergency services (a) The permit holder shall place door hangers on the front door of businesses and residences adjacent to the affected route. The door hangers must include: (1) The name of the franchise utility for which the work is being performed. (2) The type of work. (3) Expected work schedule. (4) Name and contact information, including daytime and emergency contact names and numbers, for both the permit holder and the franchise utility. (b) Such notification shall be provided at least three (3) business days and not more than five (5) business days prior to commencing the permitted work. Record of such notifications shall be retained by the permit holder. (c) The permit holder shall contact emergency response agencies, such as police, fire and ambulance services, and prior to commencement of any work that may impact access to a street or alley. Emergency response agencies shall be notified by the permit holder if a street or one lane or more of a Principal and Minor Arterial is to be closed for any length of time, or if an alley is to be blocked for more than forty- eight (48) hours. (d) The permit holder shall notify Lubbock Fire and Rescue if a fire hydrant will be inaccessible due to construction. (e) The permit holder shall notify the City of Lubbock water/sewer dispatch at 806- 775-2588 to report all Orangeburg service lines encountered. The city will replace Orangeburg sewer lines at no cost to the utility owner and/or their contractor. (f) The permit holder shall notify any service agencies that may be impacted, such as solid waste collection, to coordinate alternate service if necessary, prior to the beginning of work that may impact these services. The notice shall specify the address, number of the facilities being relocated, and the duration of service interruption. (g) The permit holder shall notify the Electric Utility Department of the city (Lubbock Power and Light) if the permit holder is over lashing or attaching to any city electric utility pole for purposes other than routine maintenance. Attachments to city utility poles must be separately permitted pursuant to the applicable Pole Attachment License Agreement. The applicable Pole Attachment License Agreements govern the terms of the attachments, including but not limited to the maintenance and installation thereof, on city poles, and such terms and conditions shall control. Sec. 37.01.035 Construction schedule (a) The permit holder shall notify the city ROW coordinator forty-eight (48) hours before any work begins within the ROW. Contractor shall not place equipment, or traffic controls on ROW on a Friday, or the day before any City of Lubbock recognized holiday. (b) Work performed pursuant to a ROW permit must commence within fourteen (14) calendar days of the date of the permit, unless the City Engineer approves a later date. (c) If required by the permit, the permit holder shall submit a written construction schedule to the City Engineer two (2) business days before commencing any work in or about the public ROW. The permit holder may be required to submit weekly schedules as directed by the City Engineer. (d) Material and equipment may be stored at the excavation site only if they will be used within five (5) days. (e) At any time construction is stopped or a contractor is unable to continue work for more than three (3) days the contractor must make the site safe for use by the public and remove all traffic controls. The contractor shall not reoccupy the construction site with traffic controls, material, or equipment until the facility can be repaired or installed within twenty-four (24) hours of reoccupying the job site. (f) Backfill shall begin no later than twenty-four (24) hours after installation of facility or repair of utility. Backfill shall be completed within three (3) calendar days or covered with materials of sufficient strength and construction (11-20 load rated steel plate(s)) to permit vehicular traffic to pass over such excavation(s). Plates shall be installed and maintained in a way which will prevent the plates from bouncing and shifting. Plates must be flush with the roadway, or have the edges beveled from the top of the plate to the roadway, or be ramped to the elevation of the adjacent pavement. Temporary ramps shall be constructed of asphalt and shall have a gradual slope when necessary. (g) No adjacent parallel roadways or alleys shall be under construction simultaneously without approval by City Engineer. (h) Once a project begins, work must continue on a daily basis, except for weekends, and holidays. (i) No excavation shall begin on projects deemed medium or large unless installation or repair of the facility commences within twenty-four (24) hours from the time excavation starts. (j) Permitted excavation deemed small shall be backfilled within five (5) days of excavation. (k) Concrete and Asphalt (HMAC) pavement shall be restored in accordance with the latest City of Lubbock Engineering Minimum Design Standards and Specifications. Placement of pavement shall begin no later than five (5) calendar days after the completion of baekfill and flow fill cap. Sec. 37.01.036 Standard location of utilities in ROW (a) No ROW user or permit holder may install a new facility under roadways unless approved by the City Engineer. (b) The installation of a utility that crosses the ROW shall be placed 90 degrees to the ROW. The City Engineer must approve any installation of a utility that does not cross the ROW at 90 degrees. Sec. 37.01.037 Supervision by city of poles and facilities (a) All above ground facilities in the ROW shall: (1) Be of sound material; (2) Not interfere with the flow of water in any gutter or drain; and (3) Be placed so as not to interfere with either vehicular or pedestrian travel. (b) Any aboveground facilities shall be placed in a manner that will comply with the latest ADA. (c) At no point during construction or installation of ground level facilities within walkways and/or crosswalks shall there be an elevation change greater than one - eighth (1/8) inch. Installation of ground level facilities within the roadway shall be in accordance with section 37.01.044 (d). The City Engineer must approve any ground level facility that requires more than one -quarter (1/4) inch of elevation change. Sec. 37.01.038 Excavation under supervision of City Engineer (a) No trench shall be opened in any ROW for laying pipes, conduits, or ducts more than four hundred (400) feet in advance of the pipe, conduit, or ducts being placed in the trench, other than with the prior written approval of the City Engineer. (b) A permit holder, utility, or ROW user shall perform boring operations in a manner that does not weaken or impair the ROW. (c) Streets assigned to a PCI of eighty-six (86) or above by the pavement management system are deemed to be in good condition and are subject to the same review procedures as excavation of new streets. (d) If at any point, the permit holder excavates or damages fifty (50) percent of a driving lane the permit holder shall replace the full width of the driving lane the length of the affected area. (e) If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete, which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than six (6) inches of PCC shall be broken back beneath the saw cut. (f) The permit holder, utility, or ROW user shall not trespass upon private property. The permit holders, utilities, or ROW users shall determine the boundary between public ROW and private property. (g) All transmission and distribution structures, lines, equipment and facilities erected by a permit holder, utility, or ROW user within the city shall be so located as to cause no interference with the proper use of the public ROW, and to cause no interference with the rights and reasonable convenience of any affected property owners. (h) All excavation work shall be performed during business hours of 7:00 a.m. to 5:00 p.m. Monday through Thursday, and 7:00 a.m. to 2:00 p.m. on Friday, unless written approval is granted by the City Engineer, or in the case of an emergency. (i) All underground main line utilities shall be laid with the top of the pipe a minimum of two (2) feet below the surface of the ground. (j) All excavation work shall comply with Occupational Safety and Health Administration standards and requirements. Sec. 37.01.039 Repair of city owned facility (a) Damages done by a permit holder to city utilities shall be repaired by the city. The city will issue a claim to the utility owner, contractor, ROW user or their insurance company for cost reimbursement. (b) City service shall be returned to the customer within four (4) hours of damage and the cost of repairs shall be borne by the ROW user or permit holder. Only a licensed plumber registered with the City of Lubbock Building Safety Department shall perform repairs to customer water, sewer, and/or gas lines. The licensed plumber shall certify in writing that repairs to these service line(s) were performed in accordance with the most recent version of City of Lubbock Plumbing Ordinance Article 28.10. (c) After repairs, the ROW shall be restored in accordance to section 37.01.043 of this article. (d) Cleanup of the affected site shall be in accordance to section 37.0 1.011 (c). Sec. 37.01.040 Materials testing (a) The City Engineer may require testing of materials used in construction in or near the ROW to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, concrete, asphaltic concrete and other construction materials as deemed necessary. (b) The permit holder, utility, or ROW user is responsible for ensuring that all backfill and compaction requirements meet the requirements of this article or the Minimum Design Standards and Specifications. Sec. 37.01.041 Field utility coordination (a) The permit holder, utility, or ROW user shall notify the engineering inspector as identified on ROW permit at each of the following times during a project: (1) Twenty-four (24) hours before starting a permitted project or installing traffic control. (2) Two (2) hours before beginning the initial backfill; (3) Two (2) hours before beginning the paving of the street or alley; and (4) When the work under any permit hereunder is completed, the permit holder shall contact the City of Lubbock utility locator/ROW inspector for project close out inspection. (b) Prior to making a request for locates and actual excavation, the permit holder, utility, or ROW user shall mark the site of the proposed excavation with white lining and/or flags, in accordance with the one -call system. The markings shall be placed a distance of not less than five (5) feet in all directions from the outside boundary of the site to be excavated. (c) Permit holder shall only submit locate requests that can be completed in fifteen (15) days and shall not exceed one (1) linear mile. (d) Compliance with the latest Texas Utilities Code is required at all times. (e) The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. The use of nonpermanent or biodegradable markers is required. (f) All barricades, plates, traffic directional equipment, and all other traffic -control devices shall be clearly marked by the owner of said items with owner information as described in section 37.01.033 (b) of this article. (g) If work is being performed that will block any lanes of traffic in a street or deny access to an alley or driveway and the work site will be left unattended for any length of time, the permit holder, utility, or ROW user shall place a sign at each end of the work site with the name and contact information of the permit holder, utility, or ROW user performing the work. Such signs must conform to the latest TMUTCD standards. (h) In any paved or unpaved area, all existing water, sewer, gas mains and service lines shall be physically located prior to crossing them while boring by way of potholing with a hydro excavation method. Sewer lines can be exempted if elevation and alignment can be determined by existing manholes. Sec. 37.01.042 Backfilling and compaction (a) Final backfill shall follow timelines established in this article. (b) Requirements in this section shall apply to all parts of the excavation including, but not limited to, benching and sloping done in the course of the excavation. (c) Details related to trench excavation, backfill, compaction and pavement restoration are described in the Minimum Design Standards and Specifications. (d) Paving shall be repaired in accordance with this article and the Minimum Design Standards and Specifications. (e) The back fill material shall be clean, native material free of organic and deleterious material and rocks larger than two (2) inches. Backfill and compaction shall begin no later than twenty-four (24) hours after the installation or repair of facilities. (f) Backfill in roadways shall be compacted to a relative compaction not less than 95% modified standard proctor +/-2% moisture the depth of the excavation. (g) City Engineer may require third party testing for trenches greater than six (6) feet in depth in roadways to confirm backfill meets required density at no cost to the city. (h) Temporary backfill not meeting section 37.01.042 (f) will not be permitted. (i) Water jetting, sand jetting, or rock/gravel backfill will not be permitted. (j) Native material used as backfill shall be mechanically compacted by means of equipment mounted rollers, vibrating rollers, whacker packers, or other method approved by City Engineer. (k) When possible all open excavations shall be backfilled and traffic controls removed prior to any extended holiday weekend. (1) Any excavation too small in size too compact by approved method shall be filled using flowfill. (m) Backfill not meeting 95% modified standard proctor, must be removed the full depth of the excavation and re -compacted to meet the compaction requirements. (n) All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period, or at any other time where water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded. Sec. 37.01.043 Restoration of ROW (a) Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley, ROW, or other public place shall be performed by the permit holder or ROW user. (b) The City Engineer shall determine if longitudinal excavations within roadways, regardless of PCI, that parallel an existing excavation with a separation of four (4) feet or less require the ROW user or permit holder to repave the existing excavation making only one patch in the road. (c) Any removal of sidewalks, approaches, and/or ADA ramps must be brought into compliance with the latest ADA rules and regulations. (d) Any excavated pavement, debris and other rubble shall be removed during the same business day from the time such material is placed upon the street. (e) Any paving failures, including surface, base, or subgrade failures that occurred due to the ROW user's work in the street, alley, or ROW shall be repaired by the permit holder or ROW user, regardless of whether the damage is caused by equipment, construction methods, detour of traffic or any other reason. The permit holder or ROW user shall repair any damage done before moving to the next phase of construction. (f) Restoration of the ROW shall be as good as or better condition as before the start of construction. Unpaved portions of alley ROW shall be leveled, filled, bladed and worked in such a manner as to leave the ROW in a safe and usable condition. (g) All landscaping trees, shrubs and other vegetation damaged or disturbed within the ROW as a result of the construction, installation, maintenance, repair or replacement of utility facilities in the ROW shall be replaced or restored as nearly as may be practicable, to at least as good a condition as prior to performance of work by the permit holder. Trees may be replaced with trees of similar size and the same or similar species up to four (4) inches in caliper. Trees larger than four (4) inches in caliper shall be replaced with trees of the same or similar species with a caliper of no less than three (3) inches and no more than four (4) inches. Notwithstanding this subsection, electric utilities need not replace or restore any vegetation surrounding overhead electric utility lines to the extent such vegetation interferes with the safety or reliability of the provision of electricity. (h) Complete preconstruction photographs or videos of the work site are required of all permit holders and shall be submitted to the City Engineer upon request. Sec. 37.01.044 Restoration of roadway surface (a) Paving roadway surface shall follow timelines established in this article in section 37.01.035. (b) Upon completion of backfill in accordance with section 37.01.042 (f) flowfill shall be placed over compacted backfill up to the bottom of the ride surface: (1) Eighteen (18) inches of flowfill on Principal and Minor Arterials. (2) Twelve (12) inches of flowfill cap on alleys and residential streets. (c) All cases where the Caliche Flex Base has become contaminated and 5 percent above optimum moisture and/or 2 percent or more deleterious the permit holder shall replace Caliche with Asphalt Stabilized Base in accordance with the latest version of the City of Lubbock Minimum Design Standards and Specifications. (d) Finished surface, including asphalt and concrete, shall not have irregularities in excess of one -eighth (1/8) inch when tested with a ten (10) foot straightedge. All roadway surfaces must match the existing roadway profiles. (e) Concrete mix paving restoration requirements (1) Concrete shall meet City of Lubbock Standards and Specification and/or design specifications of the existing roadway, whichever is greater. (2) Transverse concrete cuts shall be saw cut to the depth of the reinforcing steel eighteen (18) inches past excavation and the remaining depth of the concrete shall be broken free from the roadway. Leaving eighteen (18) inches of reinforcing steel protruding from the roadway into the re - compacted roadway. (3) Longitudinal cuts shall be made at the edge if the affected lane or construction joint whichever comes first in accordance to City of Lubbock Engineering Minimum Design Standards and Specifications Section 10. (4) Reinforcing steel shall be tied using steel tie wire to the protruding reinforcing steel. Welding shall not be used to attach steel reinforcing See City of Lubbock Engineering Minimum Design Standards and Specifications Section 10. (5) Concrete placement shall be done in the manner indicated in the latest City of Lubbock Standards and Specifications. (6) Tine marks shall match existing roadway. (f) Hot mix asphalt concrete (HMAC) placement requirements (1) HMAC must meet the Minimum Design Standards and Specifications and/or design specifications for the existing roadway, whichever is greater. (2) HMAC shall be cut the full depth of the roadway is a straight line twenty- four (24) inches beyond the widest point of the excavation. Saw cut shall be straight and 90 degrees to the roadway surface. (3) The tack coat shall be evenly and thoroughly applied to all exposed surfaces with an approved sprayer as directed by the City Engineer. Minimum thickness shall be not less than two (2) mil. Thick mopping or booming of tack coat is not allowed. (4) 11MAC must be a minimum of two (2) inches, compacted to not less than 94%, and not greater than 98% with a target of 96.5% using "Texas Gyratory compaction method. (g) All ride surfaces shall be constructed in accordance with the Minimum Design Standards and Specifications. Sec. 37.01.045 Cleanup of ROW (a) ROW user or permit holder shall be responsible for removing from the ROW all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation. (b) Streets shall be cleaned by a street sweeper or other acceptable means. (c) The permit holder shall remove all construction debris, brush and clean the surrounding area within one (1) business day of placement of materials. . (d) As soon as franchise utility policy allows, all locate flags shall be removed during the cleanup process by contractor at the completion of the work. Sec. 37.01.046 Noncomplying work (a) Upon order of the City Engineer, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this article, shall be removed and replaced no later than ten (10) days after notification of deficient work. (b) All noncomplying work or damage done to ROW, private property, or utility must be repaired in accordance with all state law, city code, or applicable standards and specifications before ROW user or permit holder continues construction procedures. Sec. 37.01.047 Warranty repair of pavement or ROW due to utility work If any portion of the ROW over or near any excavation should fail in any way at any time after the excavation has been made during the remaining life of the street, the permit holder, utility, or ROW user shall be required to bring the work into compliance. Failure to start the repair within fifteen (15) days after notification may result in the permit holder, utility, or ROW user being required to reimburse the city for the cost to restore the street, ROW, or alley. Sec. 37.01.048 to 37.01.060 Reserved Division 4. Barricades Sec. 37.01.061 Submission of plan (a) All ROW users or permit holders shall submit a traffic control plan to the City of Lubbock's Traffic Engineering Department for any lane closures or any work that encroaches on the roadway or in an area in which traffic will be disrupted. (b) All traffic control devices must conform to the latest TMUTCD. Sec. 37.01.062 Additional requirements The City Engineer may require that work be performed at non -peak hours, if deemed to be necessary in the interest of public safety and/or to avoid traffic congestion. Sec. 37.01.063 Continuing validity permit The City of Lubbock Traffic Engineering Department may revoke any traffic control permit if traffic control devices: (1) Are not in compliance with the latest TMUTCD requirements. (2) Are not maintained, clean, visible, and reflective to the traveling public. (3) Are continually in disarray or unsafely arranged. Sec. 37.01.064 to 37.01.070 Reserved Division 5. Fees Sec. 37.01.071 Fees All ROW fees paid to the city pursuant to this Chapter, excluding permit issuance and small cell fees, shall be deposited in a fund and shall be expended only for the repair, resurfacing, rehabilitation, reconstruction, or other improvement of city streets. Sec. 37.01.072 Bonds Upon registration, all ROW users shall provide the city a fifty thousand dollar (50,000) perpetual bond issued by an insurance company licensed to operate in the State of Texas, valid until released by City Engineer. City Engineer will release bond twelve (12) months after last permit issued. Sec. 37.01.073 Exemption of fees and bond (a) Any contractor or city crews installing facilities that will ultimately be owned or managed by the city will be exempted for obtaining a bond or cash -equivalent. (b) Any contractor or city crews working within the ROW on behalf of the City of Lubbock shall be exempt from Permit Application Fee. (c) Work conducted within the ROW done by a ROW user's own W-2 employees shall not require a bond or cash -equivalent. (d) Any excavation deemed an emergency as described by this article section 37.01.011 shall not require a bond or cash -equivalent. Sec. 37.01.074 Permit application There is a permit application fee of twenty-five dollars ($25.00). Permits shall be issued or denied within five (5) days of a completed application being received by the city. Sec. 37.01.075 Inspection There shall be no fee for inspection. Sec. 37.01.076 Roadway usage fee Roadway usage fee of fifty dollars ($50.00) per day shall be applied to any permit that exceeds the completion date established on the permit, or fails to meet any established time line as defined in this article, section 37.01.035. ARTICLE 37.02 WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY Sec. 37.02.001 Definitions City shall mean the City of Lubbock, Texas and its officers and employees. City Engineer: shall mean the City of Lubbock City Engineer or his or her designee. Collocation shall mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. Design manual shall mean the City of Lubbock, Texas Public Right -of -Way Communication Facilities Design Manual. The design manual is incorporated by reference into this article and the terms and conditions of the design manual are binding upon any entity acting under any portion of this article. In the event of any discrepancy or ambiguity between this article, this code, or the design manual, the design manual will control. E,n1jU shall mean, but is not limited to, any person, business, company, agency, or other group or individual, whether or not formally established, that acts or affects any activity contemplated under this article Network node shall mean equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes, but is not limited to: Equipment associated with wireless communications; a radio transceiver, an antenna, a battery -only backup power supply, or comparable equipment, regardless of technological configuration; and Coaxial or Fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include: an electric generator; a pole; or a macro tower. Node support pole shall mean a pole installed by a network provider for the primary purpose of supporting a network node. Permit shall mean a new wireless communication facility permit issued by the city authorizing the installation, removal, modification, or other work in accordance with the design manual. Pole shall mean a service pole, municipally owned utility pole, node support pole, or utility pole. Right-of-way shall mean the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway. The term does not include a private casement, private property, publicly -owned property, or the airwaves above the city's right-of-way with regard to wireless telecommunications. Sec. 37.02.002 Design manual incorporated into this article The design manual is incorporated by reference into this article, and the terms and conditions of the design manual are binding upon any entity acting under any portion of this article. In the event of any discrepancy or ambiguity between this article, this code, the design manual, or chapter 284 of the Texas Local Government Code, the later shall control. Sec. 37.02.003 Penalties and corrections of deficiencies (a) Any entity that violates any provision of this article shall be guilty of a misdemeanor in accordance with section 1.01.004 of the Code of Ordinances and upon conviction shall be subject to a fine not to exceed the amount specified by state law for such offenses. Each day of such violation shall constitute a separate offense. Said penalty is cumulative, and not exclusive, of any other rights or remedies the city may have. (b) Any entity who shall perform work on or about a public ROW and who shall violate any provision of this article shall cause said work to be subject to a cease work order and revocation of permit or civil legal remedies as provided by this article. Sec. 37.02.004 Permit required It shall be unlawful for any entity to engage in the installation, modification, or repair of a network node, node support pole, pole, or other wireless communication facility that will encroach upon or be located in, on, or within a street, alley, or other public ROW within the city without having first obtained a permit in order to perform the work, unless said work is commenced in an emergency situation as authorized by this article. Sec. 37.02.005 Permit application, fee (a) Applications for a permit required under this article shall be made on forms provided by the city and such applications shall be accompanied by drawings, plans, and other responsive documents, with such application forms and documents being subject to the design manual, which is incorporated into this article by reference. (b) The City Engineer may, in his sole discretion, require additional information from the applicant of a permit required under this article before the director issues said permit. (c) All applications for a permit under this article shall be subject to an application fee, with such fee being listed in the design manual, which is incorporated into this article by reference. City departments and contractors hired by the city for work related to this article shall be exempted from payment of the application fee. Sec. 37.02.006 Insurance The applicant for a permit shall furnish a certificate of insurance for public liability and property damage, issued by a solvent insurance company or companies authorized to do business in the state, or evidence of self-insurance satisfactory to the city evidencing that the city is adequately protected from any liability or damage resulting by virtue of applicant's construction. The insurance requirement of this article are subject to insurance requirements listed in the design manual which is incorporated into this article by reference. Upon receipt of the permit, an applicant assumes the insurance and indemnity requirements provided in the design manual. Sec. 37.02.007 Issuance According to the design manual, the City Engineer shall issue a permit to an applicant upon the applicant's submission to the City Engineer of a complete application including any application documents required under the design manual Sec. 37.02.008 Other fees and regulations provided in the design The design manual contains fees and charges applicable to work performed under this article. The design manual also contains all allowable regulations for any work related to this article. An applicant for a permit is responsible for the applicable fees and regulations provided in the design manual. ARTICLES 37.03 to 37.10 RESERVED SECTION 3. THAT, unless otherwise provided herein, a violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the City of Lubbock. SECTION 4. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 6. THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 7th day of December , 2021. Passed by the City Council on second reading this 14th day of December , 2021. _:W STEVE'NMEK—G—AN,MAYORPRO TEM ATTEST: Rebe a Garza, City Sec ry T APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: CiyRya6/r�lke, sistant Attorney Ord.Chapter 37 Construction in ROW 12.12.21