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HomeMy WebLinkAbout14031ORDINANCE NO. 14,031 AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR RESTORATION OF EXCAVATION AND CUTS IN STREET OR ALLEY RIGHTS -OF -WAY; PROVIDING FOR A PERMIT PROCESS AND FEES FOR MAKING EXCAVATION AND CUTS WITHIN THE RIGHT -OF -WAY; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; AND FOR OTHER PURPOSES. WHEREAS, the Board of Directors finds that it would be in the public interest to establish and enforce standards for the restoration of excavation and cuts made in the public property to protect and preserve the public property and safety; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. FINDINGS AND PURPOSE. (a) The City of Little Rock experiences development, construction and maintenance operations which require excavation and cuts in public streets, alleys, and other properties. These excavations or cuts may include: Installation of water lines, sanitary sewers, drainage structures, and other utilities; replacement, improvement, or enlargement of the same systems; and the maintenance operations for the same systems. (b) Significant problems have occurred due to excavation and cuts in City streets. The vast number of cuts made, the poor restoration techniques frequently used and the limited assets available to the City to make final restorations has resulted in significant deterioration of the paved rights -of. -way, and in some instances, the situation threatens the safety of the community. SECTION 2. GENERAL REQUIREMENTS. (a) It shall be unlawful for any person, firm or corporation to make or cause to be made any excavation or cut in any City street or alley or other public property of this City without first having obtained a written permit. The normal permit process requires the person, firm or corporation to appear in person at the Department of Public Works and make application for the permit. (b) In the case of an emergency in which life or property may be endangered, a person, firm, or corporation may make an excavation or cut in the right -of -way without a permit. The agency cutting the right -of -way as a part of an emergency shall notify Public Works Operations, Material Yard no later than the first working day following the emergency. (c) The Director of Public Works may make provisions for those firms who make frequent cuts in City streets to request certain permits by mail. This provision is for the convenience of the permit holder; if there is sufficient evidence that permits are not requested prior to making cuts or if the temporary restorations do not meet the standards of this Ordinance, the Director of Public Works may require the firm to revert to applying in person for each permit. Mail -in permit requests may not be used in the following places: (1) Excavation in a signalized intersection. (2) Excavations in the rights -of -way which are a part of a major construction project or extensive maintenance - replacement project which is subject to review by the Department of Public Works under the provisions of Ordinance #13,993. (3) Excavations or cuts in an arterial or collector street, as defined by the most current Master Street Plan, which will require a total street closure. (d) The person, firm, or corporation which receives the permit is wholly responsible for making temporary restorations consistent with the standards outlined in this Ordinance. The temporary restoration must be of sufficient quality to bring the rights -of -way back to its original usefulness and must be capable of supporting normal traffic or use for a period of 30 days. The City of Little Rock will inspect temporary restorations, and if the restoration does not meet the standards of this Ordinance, the person, firm, or corporation responsible will be required to correct the situation within 48 hours. (e) The City of Little Rock or its contractor shall make final restoration of pavement excavations or cuts. After the temporary restoration has performed satisfactorily, the Department of Public Works, or its contractor, will make final repairs. The cost of the permanent restoration will be borne by the permit holder. (f) The Chief of Public Works Operations may on a case by case basis, allow the permit holder to make final restoration of an excavation or cut in the City street or alley. The City shall inspect the final restoration and charge the permit holder a fee as specified in this Ordinance. • 1 (g) In the event a corporation plans a major construction project or an extensive maintenance - replacement project which involves cutting of City streets or public rights -of -way, they shall submit plans for the work to the Department of Public Works for review as required in Ordinance #13,993. The Chief of Public Works Operations may allow the permit holder to make final restoration as a part of the work if the specifications for such restoration meet or exceed the provisions of this ordinance. The City shall inspect the final restoration and charge the firm a fee as specified in this Ordinance. (h) The permit holder must have an approved barricade plan as required by Ordinance #11,471. Those firms with permission to request permits by mail shall submit a comprehensive barricade plan covering all situations to the Department of Public Works on a onetime basis, but will update it as their procedures change. The permit holder shall allow traffic to pass the cut area efficiently and safely at all times. If an excavation or cut requires a total street closure of an arterial or collector street, the permit must be applied for in person at least three (3) working days prior to the planned closure; if the closure time is to be changed, the permit holder shall notify the Department of Public Works, the Police Department and the Fire Department at least one (1) working day prior to the street closure. In accordance with Ordinance #11,471, this provision shall not apply to utility companies' overhead work on signals, communication or circuits. (i) When temporary or final restoration is completed, all excess material, debris, mud, or other foreign materials shall be removed from the street or alley right -of -way in a manner that restores the surface to its original condition. (j) All removed or undercut sidewalks, driveways and curbs shall be replaced by the permit holder in accordance with the applicable ordinances. The permit holder shall protect shoulders, ditches and other drainage structures in the work area and repair these items when damaged. The permit holder shall make reasonable restoration of planted grasses and vegetation which are damaged during the permitted work. (k) Boring or pushing of utility services under City streets is encouraged; permits are required as if a cut of the street was intended. Tunneling will not be permitted unless plans and specifications have been approved by the Department of Public Works prior to a request for a permit. (1) The permit holder shall not disturb City signs, conduits, or other City facilities without prior notification of the Department of Public Works. (m) Work done under this Ordinance shall comply with all other ordinances applicable to work done in the public rights -of -way. SECTION 3. ADMINISTRATION. (a) The Director of Public Works shall have the overall responsibility for administration and enforcement of this Ordinance. (b) The Chief of Public Works Operations shall be responsible for the day -to -day administration of this Ordinance to include making final restorations, administration of contract restoration when used, determination of costs for inspection and permanent restorations, interpretation of the Ordinance, inspection operations, evaluation and acceptance of temporary restoration, and documentation of violations of this Ordinance. (c) The City Engineer shall issue permits, review barricade plans, receive surety bonds, prepare bills to those firms and corporations which pay monthly and provide engineering support to the Chief of Public Works Operations when requested. (d) In the event an applicant or permit holder desires an administrative review of any action taken by the City while applying this ordinance, the request for review should be made in writing to the Director of Public Works. If a citizen desires to appeal a decision by the Director of Public Works, a written appeal should be addressed to the City Manager. SECTION 4. TEMPORARY RESTORATION. (a) The permit holder is required to restore the excavation or cut immediately upon completion of the work which required the cut. The permit holder shall notify the Public Works Operations, Material Yard, by telephone when the restoration is completed. (b) All excavation or cuts shall have a uniform width of not less than 12 inches unless specifically authorized by the Chief of Public Works. Excavations shall be smoothly cut or sawed and shall have a neat appearance. (c) Materials removed from the excavation or cut shall not be used as backfill material. This includes pieces of broken concrete or asphalt concrete. (d) Backfill material which shall be used at the discretion of the permit holder is limited to: (1) Crushed rock and natural fines uniformly mixed and so proportioned to meet the specifications for SB -2 as reflected in the most current Arkansas State Hi hwa Commission Stan ar -Spe c if ications. (2) Crusher run rock or other selected material, when approved by the Chief of Public Works Operations, free of debris and excess moisture, when compacted to a minimum of 90 percent density as determined by the Modified Procter Compaction Test. (3) Compacted river sand or lean mix concrete may be used when prior approval has been granted by the Chief of Public Works Operations. ( e ) The top 6" of the backf i ll shall be compacted to 95 percent of maximum density as determined by the Modified Procter Compaction Test. SECTION 6. PERMIT AND FEES. (a) The Department of Public Works shall issue permits upon request for excavation or cuts and borings in the City streets, alleys, or other public properties. (b) Fees for the permit shall be $2 for the first fifty feet of cut or fraction thereof and $1 for each additional 100 feet or fraction thereof. (c) In those instances where emergency or mail in permits apply as indicated in Section 2 of this Ordinance, the Department of Public Works will bill those firms or corporations for permit costs on a monthly basis. (d) Upon completion of the final restoration by the City of Little Rock, or its contractor, the permit holder will be billed and shall pay the actual cost of the restoration. If the permit holder desires information concerning the billing, a written request should be made to the Department of Public Works. (e) In those instances where the permit holder is granted permission to make final restoration as indicated in Section 2 of this Ordinance, the permit holder shall pay the normal permit fee plus an inspection fee. The inspection fee shall be $25 for the first 300 feet of restoration or fraction thereof, and $15 for each additional 300 feet or fraction thereof; with a maximum inspection fee of $100 per permit. SECTION 7. SURETY BONDS. All persons, firms, or corporations who cut City streets or public rights -of -way shall be required to post a $5,000 bond to ensure that requirements of this Ordinance are met. The bond will be renewed each year by the firm or company involved, and will be received by the Department of Public Works. The bond shall cover excavations, cuts and temporary restorations for which the permit holder has maintenance responsibility, as specified in Section 2 of this Ordinance; for excavation cuts and temporary restorations currently working and those to be done during the current calendar year. SECTION 8. CONFLICT OF PUBLIC PROVISIONS. This ordinance is not intended to interfere with, abrogate or annul any existing law, ordinance, rule, franchise or regulation of the City. Where any provision of this Ordinance imposes restrictions different from those imposed by other regulations, the provisions which are more restrictive or impose higher standards shall control. (f) The surface course will consist of a 2" application of cold mix asphalt for asphalt streets, concrete streets or streets with single or double penetration surface treatments. For gravel streets and alleys, the top 6" of the backfill will be select material that meets Arkansas State Highway Department specifications for SB -2, compacted to conform to the surrounding surface. SECTION 5. PERMANENT RESTORATION. (a) The City of Little Rock, its contractor or agent shall make permanent restoration of the street pavement. (b) Permanent restoration of concrete or asphalt streets which are designated as arterials or collectors by the most current Master Street Plan, shall be as follows: (1) Ensure that backfill material and compaction comply with Section 4 of this Ordinance. If not, correct the situation and report the violation to the Office of the Director of Public Works Operations. (2) Backfill material will be removed to a depth of 8" for concrete streets and 10" for asphalt streets. If the street is concrete, 8" of 3000 PSI P.C. concrete, meeting the Arkansas State Highway Department specifications, will be placed to provide the final restored surface. If a street is asphalt, 8" of 3000 PSI P.C. concrete will be placed to within 2" of the street surface. As soon as the concrete has cured, a bituminous tack coat will be applied to the concrete and to the sides of the cut; then 2" of hot mix asphaltic concrete, which will meet the Arkansas Highway Department specifications, will be laid. (c) Permanent restoration of paved streets, other than arterials or collectors, shall be made as follows: (1) Ensure that backfill material and compaction comply with Section 4 of this Ordinance. If not, correct the situation and report the violation to the Office of the Director of Public Works Operations. (2) If a street or alley is concrete, remove the top 6" of backfill and replace it with 6" of 3000 PSI P.C. concrete; finish to conform to surrounding surface. (3) If the street or alley is asphalt or single or double penetration surface treatment, remove the top 8" of backfill and replace it with 6" of hot binder asphaltic concrete, in 2" lifts; lay final 2" asphaltic concrete surface course to conform with surrounding surface. (4) If the street or alley is gravel, add gravel as required and compact to conform with the surrounding surface. SECTION 9. VALIDITY OF THIS ORDINANCE. In the event any section, paragraph, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby; and it is intended that every other section, paragraph, sentence, clause and phrase of this Ordinance shall remain and be in full force and effect. PASSED: April 7, 1981 ATTEST: vaer� ity Clerk Mayor