HomeMy WebLinkAboutO-1754ORDINANCE 0. 1754
AN ORD INANCE T O REP EAL ORD INANCE 10 12 AND AMEND ORD INANCE
N 0.1254 KN OWN AS THE RIGHT-O F-WAY CO STRUCTIO AND
AD MINISTRATION ORD INANCE
BE IT ORDAINE D BY THE CITY CO UNCIL OF THE CITY O F FAIRHOPE,
ALAB AMA, as follo ws :
Section 1: Declaration of F inding s and Purpo se ; Scope
(a) Title. This body of regulations shall be known as the "City of Fairhope Right-of-
Way Construction and Administration Ordinance."
(b) Findings and Purpose.
(1) In order to provide for the health, safety and well-being of its citizens , as
well as to ensure the structural integrity of its streets, the city strives to keep
its rights-of-way in a state of good repair and free from unnecessary
encumbrances .
(2) The city holds the rights-of-way within its geographical boundaries as an
asset in trust for its citizens. The city and other pub lic entities have invested
millions of dollars in pu blic funds to build and maintain the righ ts-of-way.
(3) The City possesses the authority to manage and control its rights -of-way and
to enact reasonable regulations in furtherance thereof.
(4) The proliferation of entities that have been lice n sed by the states and the
potential for additiona l entities having the need to occupy rights-of-way
necessitates the modernization of the city's regulations used to control the
placement, construction and maintenance of facilities owned by existing and
potential rights-of-way users .
(5) In response to the foregoing facts, the City Council has adopted this article
relating to rights-of-way construction and administration . This article
imposes reasonable regulations on the placement and maintenance of
facilities currently within its rights-of-way or to be placed therein at some
future time.
(6) The regulations embodied herein have been made as broad as possible to
serve as standards of quality and to maintain the necessary uniformity in the
utilization of the public traffic corridors.
(7) The permit fees imposed in this article are adopted pursuant to the city's
police power. The purpose of the permit fees is to enable the city to recover
its co ts of administration and enforcement of this article.
( c) Easements not Impaired. No th ing in this article is intend ed to impair the legal
obligation of any contract, franchise, or easement previously granted by the city .
(d) Not in Lieu of Franchis e. Compliance with the permitting requirements of this
arti cl e sha ll not excuse any pe rson from complying with all other re qu irements of
law, including ho ld ing a valid franchise from the city .
(e) Area of Jurisdiction . This article shall apply to all land within the corporate limits of
the city as such corporate limits exist or may exist in the future .
Ordinance No. 1754
Page -2-
Section 2: Defi ni tions
For the purpose of this article th e following terms, phrases , words and their derivations
shall have the meaning given herein. When not inconsistent with the context the words
used in the present tense include the future, words in th e plural number include the
singular number, and words in the singular number include the future , words in the plural
number include the singular number and words in the singular number include the plura l
number. The word "shall" is always mandatory and not merely derivative .
11-52-11 Review is defined as whenever the Planning Commission shall have adopted the
Master Plan of the City or of one or more major sections or districts thereof, no street,
square, park, or other public way, ground or open space or public building or structure or
public utility, whether publicly or privately owned , shall be constructed or authorized in the
municipality or in such planned secti on and district until the location, character, and extent
thereof shall have been submitted to and approved by the commission; provided, that in case
of disapproval the commission shall communicate its reasons to the council , which shall
have the power to overru le such disapproval by a recorded vote of not less than two thirds of
its entire membership ; provided further, that if the public way, ground, space, building,
structure , or utility is one the authorization or financing of which does not , under the law or
charter provisions governing same, fall within the province of the City Council, then the
submission by the Planning Commission shall be to the board , commission, or body having
such jurisdiction and the Planning Commission's disapproval may be overruled by said
board , commission, or body by a vote of not le ss than two thirds of its membership.
Applicant means any person or entity requesting or under a duty to request permission to
obstruct or construct in a right-of-way .
Application means the proces s by which an applicant submits a request for permission to
obstruct or construct in a right-of-way .
Article means the City of Fairhope Right-of-Way Construction and Administration
Ordinance , including all appendices hereto , as the same shall be amended from time to time .
Balco ny sh all mean an open platform on the out ide of a building, with access from an upper
floor window or door.
Block shall mean that part of the right-of-way that includes the area from th e property line to
the parallel property line in width and extending from the centerline of an intersecting street
to the centerline of the next intersecting street in length or six hundred sixty (660) feet,
whichever is less.
Building Department shall denote the permitting authority for the City of Fairhope.
Canopies shall mean any overhead covering which extends over the public right-of-way ,
typically made of fabric.
City means the City of Fairhope, Alabama, a municipal corporation organized under the laws
of the State of Alabama.
City Building Official shall mean the Building Official of the city, or his or her designee .
City Cost shall mean the direct and indirect costs borne by the city for the implementation,
administration, and enforcement of this article.
Code shall mean the Municipal Code of the City, as the same shall be amended from time to
time .
Ordinance No. 1754
Page -3-
Code Enforcement Officer mean any person authorized by the City of Fairhope to enforce the
codes of the city and issue municipal offense tickets for violations thereof.
Construct means to excavate , repair , rehabilitate , maintain, and install sanitary sewers ,
water mains, fire hydrants, valves , meters , manholes, service lines and connections , gas
mains , telephone and electrical conduit and their miscellaneous service lines and
connections , telecommunications facilities cables , wires , lines , wave guides , antennas , and
other equipment or facilities, pedestals, and service cabinets , poles, guy wires , storm drains ,
manholes, inlets , catch basins , irrigation systems, driveways , sidewalks, pavement
extensions , curbs , walks, steps, building canopies, balconies, overhead walkways, and
temporary detour pedestrian walkways on, above, or under any part of the rights-of-way
provided however, that construct shall not mean installation, repair, rehabilitation or
maintenance of facilities that do not involve excavation of any portion of the rights-of-way.
Construction Bond means a bond posted to ensure proper and complete construction and/or
repair of a permitted site pursuant to a permit issued by the Building Department.
Construction Standards for Miscellaneous Construction, Utility Excavation , Right-of Way
and Pavement Res toration means the compilation of provisions and requirements that
provide the technical specifications and details for the construction of facilities in the right-
of-way .
Departm en t means the City Building Department.
Departm ent Inspector means any person designated/authorized by the City Building
Official to carry out inspections related to the provisions of this article.
Emergency means a condition that poses a clear and immediate danger to life or health , or of
a significant loss of property or utility service. "Emergency" also includes requests for service
which the applicant deems urgent and can be cla ssifie d as small project types A and B.
Encroachment shall mean any privately owned personality situated on , affixed to , or
overhanging any public right-of-way , including but not limited to canopies and street
furnitur e.
Excavation shall mean any work in the surface or subsurface of the public right-of-way
including, but not limited to opening the right-of-way , installing, servicing, repairing , or
repairin g/m odifying any facilities /sites in or under the surface or subsurface, and restoring the
surface or subsurface of the public right-of-way .
Faciliti es means any tangible thing located in any right-of-way ; and shall include boulevard
plantings or gardens planted and maintained in the right-of-way between a person's property
and the street edge of pavement.
Geotechnical Engineer shall mean a professional engineer experienced in soils engineering
and materials testing.
Geotechnical Company shall mean a professional engineering company that provides soils
engineering and testing services, laboratory and field testing serv ices, construction material
testing , and possesses a certificate of authorization from the state board of registration for
professional engineers and land surveyors.
Horizo ntal Directional Drilling (HDD) is a minimal impact trenchless method of installing
underground utilities such as pipe , conduit, or cables in a relatively shallow arc or radius
along a prescribed underground path using a surface-launched drilling rig.
Ordinance No. 1754
Page -4-
In , when used in conjunction with "right-of-way ," means over, above, in , within, on or under
a right-of-way .
Lands cape or Landscaping means trees, shrubs and other plantings of materials that are or
may grow to a height of eighteen ( 18) inches or more, and irrigation systems (in unpaved
areas), in the right-of-way.
Landscaping Ordinance means the City 's Tree and Landscaping Ordinance, which is
Ordinance No. 1193 , as amended by Ordinance o. 1223 , all as the same may be amended ,
altered or repealed from time to tim e .
Major Project shall mean construction of water, sewer, gas , telephone , fiber optic, electric
power conduit, cable and duct, TV cable, jacking, boring , pushing and tunneling, retrofitting
existing facilities /sites , storm drain and any other miscellaneous major facility construction
projects as interpreted by the Planning and/or Building Department. Major projects may also
be subject to the requirements of an 11-52-11 review.
Micro Trenching is a low -impact slot-cut trenching method that enables quick installation of
underground fiber in trenches that are narrower and shallower than typical open trenches
currently used in the industry .
Minor Project shall mean construction of miscellaneous utility service lines , manhole
installation not associated with major project construction, main line point repairs and
installation, miscellaneous utility service line repair, storm drain and inlet repairs , vaults ,
irrigation systems and other miscellaneous con truction and repair projects that involve less
than (1) one block or (6) six hundred sixty (660) linear feet of right -of-way.
Municipal Court shall mean the part of the City of Fairhope Municipal Court System
designed to enforce local laws and ordinances relating to the physical appearance of the city ,
and the health and safety of the public .
Municipal Offense Tic ket (M 0. T.) means a citation issued for a violation of this article. A
M .O.T . may require payment of a fine as defined by the municipal offense ticket system
(M.O .T.) fine schedule , as may be amended from time to time , appearance in municipal
court , and if determined by a judge of said court , jail or community service.
Notice of Violation means written warning issued by the department , or the City of Fairhope
Code Enforcement Officer , for a violation or possible violation of this article .
Obstruct means to place any tangible object in a right-of-way so as to hinder free and open
passage over, under , or through that or any part of the right-of-way.
P ermit F ee means money charged by the city to cover the city costs of the project.
P ermittee means any person or company to whom a permit to construct or obstruct a right-
of-way has been granted by the city .
P erson means any natural or corporate person , business association or other business entity
including , but not limited to , a partnership , a sole proprietorship, a political subdivision , a
public or private agency of any kind , a utility, a successor or assign of any of the foregoing,
or any other legal entity which ha s or seeks to have facilities /sites located in any right-of-
way.
R estoration means the process by which a constructed or obstructed right-of-way is restored
as specified in the construction standards.
Ordinance No. 1754
Page -5-
Right-of-way mean s the surface and space abov e and below any real property in which the
city has an interest in law or equity , whether held in fee or other estate or interest including
easements , or as a trustee for the public , including, but not limited to any public street,
boulevard, road , highway , freeway , lane , alley , court, sidewalk, parkway, river, tunnel ,
viaduct, detention pond , retention pond, culvert, ditch , storm water management facility ,
bridge , park, or any other place, area , or real property owned by or under the control of the
city .
Right-of-way Permit or Permit means the permit, which must be obtained before a person
may construct in or obstruct a right-of-way .
Routin e Work means work which a person might reasonably be expected to do, either under
that person's contract of employment, or, if there is no such contract, in the normal course of
that person's work.
Service or Utility Service means se rvices provided by utilities.
Sidewalk shall mean the paved pedestrian walkway between the edge of the road and the
street right-of-way line .
Small Project (Typ e A) shall mean the installation of equipment cabinets , junction boxes ,
terminal boxes, splice boxes , regulator stations , meters and valves in paved areas, utility
poles , guy poles and appurtenances not associated wiih a major or minor project.
Small Project (Typ e B) shall mean the installation, repair and routine maintenance of
miscellaneous utility drop lines , overhead wires and cables , traffic signal poles , light poles,
traffic signs, meters, valves and other miscellaneous construction, repair, routine
maintenance, and inspection, that requires minimal excavation or right-of-way disruption.
Stre et C ut means any demolition or cut in any public street or right-of-way or excavation in,
for , or under any street, sidewalk, or thoroughfare.
Subsurface Utility Engineering (S UE) is a discipline of civil engineering that involves the
investigation of buried utilities and identifies the conflicts they may pose to a project design
in order to mitigate associated risks.
Supplementary application means an application made to construct or obstruct more of the
right-of-way than allowed in , or to extend, a permit that has already been issued.
Trenchless Technology means the use of directional boring, horizontal drilling and
microtunneling and other techniques in the construction of underground portions of facilities
which result in the least amount of disruption and damage to right-of-way as possible .
Underground Fa c ilities means all lines , cables , conduits , posts , tanks and any other facilities
owned or operated by persons other than the city which are located wholly or partially
underneath right-of-way.
Utiliti es means any water , sewer, gas , drainage , irrigation or culvert pipe and any electric
power, telecommunication, signal , communication , or cable television conduit, fiber/fiber
optic, wire, cable , or operator thereof.
Utility Provider means the owner and/or operator of any utility located within the rights-of-
way .
Ordinance No. 1754
Page -6-
Secti on 3: Ri ght-of-Way Ad ministrati on
(a) A dministration. The City Building Official shall be the principal city official
responsible for the management of the city's right-of-way and the administration of
this article . The City Building Official shall adopt and may amend from time to
time, construction standards and other rules reasonably required to carry out the
purposes of this article.
Any requirement not specifically covered by this article, or the construction
standards shall be determined by the City Building Official. The City Building
Official may delegate any or duties hereunder.
(b) Appeal Procedure. Should any person aggrieved by a decision of the City Building
Official with respect to any matter hereunder, the City Building Official and/or his
designee may grant a special exception to the requirements of this article if a
permittee demonstrates with written evidence that:
(1) The exception will no t create any threat to the pub lic health, safety or
welfare.
(2) The permittee demonstrates that the increased economic burden and the
potential adverse impact on the permittee's construction schedule resulting
from the strict enforcement of this article, actuall y or effectively , prohibits
the ability of the permittee to provide utility services in the city.
(3) The permittee demonstrates that the requirement unreasonably discriminates
against the permittee in favor of another person.
(4) Appeals of 11-52-11 reviews will be processed in accordance with the
requirements as listed in the Code of Alabama.
Appeal Procedure. Should any person be aggrieved by the decision of the City
Building Official, and/or designee , such person may appea l by filing written notice
with the City Clerk's Office within fifteen (15) days from the date of such decision .
The department shall send a copy of the appeal and all relevant documentation,
within fifteen (15) days , to the City Clerk's Office to be considered by the City
Council at a public hearing .
Section 4 : Ri g ht-o f-Way Perm its
(a) Permit Requirements.
Except as otherwise provided in this article, no person may construct or obstruct any
right-of-way without first having obtained one (1) of the following right-of-way
permits from the Building Department:
( 1) Major Project;
(2) Minor Project;
(3) Small Project (Type A);
(4) Small Project (Type B);
(5) Landscape/Hardscape (Compliant with the requirements as defined in the
Fairhope Tree Ordinance .)
Ordinance No. 1754
Page -7-
Right-oj-Way Permit. A Right-of-Way Permit is a permit which allows the holder to
construct, obstruct, or land cape in that part of the right-of-way described in uch
permit and to hinder free and open passage over the specified portion of the right-of-
way by placing facilities described therein, to the extent and for the duration
specified therein . A permit is valid only for the dates and the area(s) of right-of-way
specified in the permit. o person may construct in or obstruct the right-of-way
beyond the date or dates specified in the permit unless such person:
(1) Makes a supplementary application for another Right-of-Way Permit before
the expiration of the initial permit ; and
(2) A new permit or permit extension is granted.
If no work is initiated within six (6) months of obtaining a permit, the permit is
rendered invalid, and any permit application that is not issued within 6 months of
submittal will be voided and a new submittal will be required excluding an 11-52-11
review .
Emergencies. When the work must commence immediately because of an
emergency, the permittee shall comply with the provisions in Sec 6.
Exemptions. No permit shall be required for the following activities: Installation of
landscaping materials , which are or may grow no more than eighteen (18) inches in
height.
(b) Permit Applications. Application for a permit is made to the Building Department.
(1) All Permit Applications shall contain and will be considered complete only
upon compliance with the requirements of the Construction Standards , as
appropriate. Permits may require subsurface utility engineering. Required
quality level A-D will depend on location, sensitivity of area , and the size of
the project on a case-by-case basis. The chief building official or his
designee will decide what quality level is necessary for each project to
ensure structural integrity of city right of ways and utilities .
(2) Tree and landscaping requirements of this article shall be administered and
enforced by the City's Horticulturalist and/or his or her designee as defined
by the City of Fairhope Tree and Landscape Ordinance.
( c) Issuance of Permit; Conditions .
(1) If the City Building Official determines that the Applicant has satisfied the
requirements of this article , the Building Department shall issue a permit. If
the City Building Official determines that the applicant has not satisfied the
requirements of this article , the City Building Official shall issue
notification of and reason for denial.
(2) The City Building Official may impose reasonable conditions upon the
issuance of the permit and the performance of the applicant thereunder in
order to protect the public health , safety and welfare, to insure the structural
integrity of the right-of-way, to protect the property and safety of other users
of the right-of-way , and to minimize the disruption and inconvenience to the
traveling public , including notification to owners of property along the
affected portion of the right-of-way.
Ordinance No. 1754
Page -8-
(d) Permit Fees.
(1) Permit Fee. Perm it fees shall be established by the City Council upon
recommendation of the City Building Official. Said fees shall be in an
amount sufficient to recover the following costs:
a. Administration, inspection, enforcement, and cost for obstructing
the right-of-way including, but not limited to , costs associated with
traffic management that result from street obstruction, lost tax
revenues resulting from streets being blocked , loss of public
parking.
b. For use of public parking spaces, a refuse container may be placed
for no more than seven (7) total days at no charge. After the seven
(7) day grace period , fees will be assessed per the schedule of fees
in Section 19 .110 in this ordinance.
c. The current schedule of permit fees is set forth in Section 10 of this
article. All changes in the fee schedule shall be approved by the City
Council.
(2) Paymen t of Permit Fees . o permit shall be issued without payment of the
applicable permit fees.
(3) Nonrefundable Fees. A ll permit fees are nonrefundable.
(4) Joint Applications. Applicants are encouraged to make joint applications for
permits to construct or obstruct the right-of-way at the same place and time.
(5) Exemptions . Notwithstanding anything contained in this article to the
contrary, the city and its departments shall be exempt from and shall not
have to pay any permit fees required by this article.
Section 5: Con stru ction; R estorati on
(a) Co mpliance with Co nstruction Standards . All construction or maintenance of
facilities shall be in accordance with this article, including the Construction
Standards, such other conditions imposed in connection with the issuance of the
permit by the City Building Official under the provisions of this ordinance, and
other applicable law.
(b) Location of Facilities . The City Building Official shall have the power to prohibit or
limit the placement of new or additional facilities within the right-of-way if there is
insu fficient space to accommodate all of the requests of permittees to occupy and
use the right-of-way . In making such decisions , the City Building Official shall
strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by considerations of the public interest,
the public's needs for the particular utility service, the condition of the right-of-way,
the protection of existing facilities /sites in the right-of-way, and future city plans for
public improvements and development projects which have been determined to be in
the public interest.
Ordinance No. 1754
Page -9-
( c) Least Disruptive Technology. Applicants are encouraged to perform construction
and maintenance of facilities in a manner resulting in the least amount of damage
and disruption of the right-of-way. Applicants will be required to use Trenchless
Technology for major and minor construction projects, within roadway limits , in
arterial and other high volume streets constructed or resurfaced within the last five
(5) years, unless otherwise approved by the City Building Official and such approval
shall not be unreasonably withheld. The City Building Official may require
Trenchless Technology in other locations , where extreme circumstances prevent or
make open cut methods impractical. Applicants may use the open cut method or
Trenchless Technology for major and minor projects outside roadway limits.
(d) Right-of Way Restoration.
(1) The work to be done under the permit, and the restoration of the right-of-
way as required herein, must be completed within the dates specified in the
permit. In addition to its own work, the permittee must restore the general
area of the work, including all disturbed landscaping materials and the
permitted areas , including the paving and its foundations , per the City of
Fairhope Construction Standards .
(2) The permittee shall perform the work according to the standards and with
th e materials specified by the Building Department including but not limited
to the construction standards .
(3) By restoring the right-of-way , the permittee guarantees its work for twenty-
four (24) months following its completion. During this twenty-four (24)
month period, the permittee shall, upon notification from the City Building
Official, correct all restoration work to the extent necessary using the
method required by the Building Official. Said work shall be completed
within the time frame specified by the City Building Official.
(4) For directional boring projects where any installation that is greater than 500
feet continuously in the right-of-way , the contractor will be required to
provide video documentation of the integrity of any sanity sewer lines
(gravity), and/or storm sewer lines less than 3' from the work performed at
the discretion of the ROW Inspector and/or the Public Works Director.
(5) The requirements of the Fairhope Erosion and Sediment Contro l Ordinance
and amendments (#1398 and #1603) shall govern all stabilization work, both
for temporary and permanent measures.
(6) Any sidewalks that are removed on the Public Right of Way shall be
replaced within 72 hours of the completion of the project. All replacement
work shall meet the requirements of the adopted Public Right-of-Way
Accessibility Guidelines (PROW AG) for ADA compliance.
(7) Installation requirements. The excavating, backfilling, restoration, and all
other work performed in the right-of-way shall be done in conformance with
specifications set forth in the construction standards.
(8) Inspection. Except for routine work, when the work under any permit for
major and minor projects hereunder is completed, the permittee shall notify
the Building Department.
Ordinance No. 1754
Page -10-
(9) Permittee shall make the work site available to the City Building Official or
his authorized representative and to all others as authorized by law for
inspection at all reasonable times during the execution and upon completion
of the work.
(10) At the time of the inspection, the City Building Official , or his authorized
representative may order the immediate cessation of any work which poses a
serious threat to the life , health , safety or well-being of the public.
(11) Upon completion the permit holder shall call the Fairhope Building
Department, and schedule and final inspection of the work performed. Any
deficiencies noted will be provided in a written inspection report to the
permit holder , and once corrections have been made a reinspection will be
scheduled to verify all work is completed.
(12) The City Building Official, or his authorized representative may issue a
notice of violation to the permittee for any work which does not conform to
the applicable standards , conditions, or codes. The order shall state that
failure to correct the violation will be cause for issuance of a Municipal
Offense Ticket (M.O.T.) and/or a stop work order. Within the time frame
indicated on the notice after issuance of the order, the applicant shall present
proof to the Building Department that the violation has been corrected . If
such proof has not been presented within the required time , the City
Building Official or their designee may issue a stop work order, revoke
permit, and/or have a Municipal Offense Ticket (M.O.T .) issued.
(e) Other Obligations. Obtaining a right-of-way permit does not relieve the permittee of
its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by any other city , county , state, or federal rules , laws , or regulations.
( 1) Contact shall be made to the Alabama one call excavation notice system
(811) in accordance with Chapter 15 of Title 37 of the Code of Alabama
(2016), as the same may be amended or replaced from time to time.
(2) A permittee shall perform all work in conformance with all applicable codes
and established rules and regulations , and is responsible for all work done in
the right-of-way pursuant to its permit, regardless of who performs the
work.
(3) Prior to the start of any project , the permittee shall provide a phasing plan of
the work area showing the entire work area and noting the phasing of the
work to be completed . The permittee shall also include a proposed work
schedule listing where work will be performed each day or week.
(4) Except in the case of an emergency, and with the approval of the Building
Department, no right-of-way obstruction or excavation may be performed
when seasonally prohibited or when conditions are unreasonable for such
work.
(5) A permittee shall not so obstruct a right-of-way that the natural and free
passage of water through the gutters or other waterways shall be interfered
with.
(6) Private vehicles not owned by or under contract to permittee may not be
parked within or adjacent to a permit area.
Ordinance No . 1754
Page -11-
Section 6: Enforcement of Permit Obligation
(a) Denial of Permit.
(1) Mandatory Denial. Except in the case of an emergency, no permit will be
granted:
a. To any person who has failed to comply with the requirements of
this article ;
b. To any Person who is delinquent in paying a debt owed to the city;
c . If, in the discretion of the City Building Official, the issuance of a
permit for the particular date and/or time would cause a conflict or
interfere with an exhibition, celebration, festival, or any other event.
The City Building Official, in exercising this discretion, shall be
guided by the safety and convenience of ordinary travel of the
public over the right-of-way, and by considerations relating to the
public health , safety and welfare; or
d. To any person who does not hold a business license issued by the
city for the business he intends to or is conducting in the city.
(b) Permissive Denial. The City Building Official may deny a permit in order to protect
the public health, safety and welfare, to prevent interference with the safety and
convenience of ordinary travel over the right-of-way, or when necessary to protect
the rights-of-way and its users . The City Building Official may consider one ( 1) or
more of the following factors:
(1) The extent to which right-of-way space where the Permit is sought 1s
available ;
(2) The availability of other locations in the right-of-way or in other right-of-
way for the facilities of the particular person or company;
(3) The applicability of ordinances or other regulations to the right-of-way that
affect the location of facilities in the right-of-way;
( 4) The degree of compliance of the applicant with the terms and conditions of
its franchise , this article, and other applicable ordinances and regulations ;
(5) The degree of disruption to surrounding neighborhoods and businesses that
will result from the use of that part of the right-of-way; and
(6) The condition and age of the right-of-way, and whether and when it is
scheduled for total or partial construction; and the balancing of the costs of
disruption to the public and damage to the right-of-way, against the benefits
to that part of the public served by the expansion into additional parts of the
right-of-way .
(7) The public policy of allowing an obstruction of similar character in other
rights-of-way in the city .
Ordinance No . 1754
Page -12-
(c) Work Don e Without a Permit .
( 1) Emergency Situations. Each permittee shall notify the Building Department
in writing of any event regarding its facilities , which it considers to be an
emergency by the next business day following such emergency. The
applicant may proceed to take whatever actions are reasonably necessary to
respond to the emergency. Within two (2) business days after the occurrence
of the emergency, the applicant shall apply for the necessary permits , pay
the fees associated therewith and fulfill the rest of the requirements
necessary to bring itself into compliance with this article for the actions it
took in response to the emergency.
(2) Authority to Respond to Emergency. If the Building Department becomes
aware of an emergency regarding a utility provider's facilities, the Building
Department may, but shall not be obligated to , attempt to contact the local
representative of each utility provider affected or potentially affected by the
emergency. In any event, the Building Department may take whatever
action deemed necessary by the City Building Official to respond to the
emergency.
(3) Non-Emergency Situations. Except in the case of an emergency, any person
who obstructs or excavates a right-of-way without a permit must
subsequently obtain a permit, pay double the normal fee plus $500 for said
permit, pay double all the other fees required by the city codes , and is
subject to the issuance of a notice of violation and/or a Municipal Offense
Ticket (M.O.T.), deposit with the department the fees necessary to correct
any damage to the right-of-way and comply with all of the requirements of
this article.
( d) Enforcement.
(1) Permittees hold permits issued pursuant to this article as a privilege and not
as a right.
(2) If the City Building Official determines that the permittee has violated a
material term or condition of the permit, this article, the code, or any other
applicable statute, ordinance, rule or regulation, the City Building Official or
his or her designated representative shall issue a Notice of Violation to the
permittee to remedy such violation. The demand shall state that continued
violations may be cause for the issuance of a stop work order and/or
issuance of a Municipal Offense Ticket. Further, any such violation will
allow the City Building Official , at his or her discretion, to place additional
or revised conditions on the permit.
( e) Material Violation.
A material violation by an applicant shall include, but shall not be limited to , the
following:
( 1) The violation of any material provision of the permit;
(2) An evasion or attempt to evade obtaining a permit or any material provision
of the right-of-way permit, or the perpetration or attempt to perpetrate any
fraud or deceit upon the city or its citizens;
Ordinance No . 1754
Page -13-
(3) Any material misrepresentation of fact in the application for
permit ;
( 4) The failure to maintain t he required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct any condition described on a Notice of Violation
issued pursuant hereto.
(7) Within forty-eight ( 48) hours of receiving a notice of violation, permittee
shall contact the Building Department with a plan, acceptable to the City
Building Official , for its correction. Applicant's failure to contact the
Building Department, or the permittee's failure to submit an acceptable
plan, or perrnittee 's fai lure to reasonably implement the approved plan shall
be cause for immediate issuance of a stop work order and issuance of a
Municipal Offense Ticket (M.O.T.).
(8) From time to time , the City Building Official may establish a list of
conditions of the permit that wi ll au tomatically warrant the issuance of a
Municipa l Offense Ticket (M.O .T .) to the permittee.
Se ction 7: Ind emnification and Liabili ty
(a) The City Do es Not Accept Liability. By reason of the grant of a right-of-way permit,
the city does not assume any liability:
(1) For injuries to persons , damage to property, or loss of service claims by any
third party relating to or otherwise arising out of any work performed
pursuant to a permit ; or
(2) For claims or penalties of any sort resulting from the installation, presence,
maintenance, or operation of facilities by any perrnittee or uti lity providers
or activities of any permittee or utility providers.
(b) Indemnification . By accepting a permit, a permittee shall defend , indemnify and
hold the city harmless from all costs (including reasonable attorney's fees),
liabi lities , and c laims for damages of any kind arising out of the construction,
presence, installat ion, maintenance , repair or operation of the p ermittee's facilities,
or out of any activity undertaken in or near a right-of-way, whether any act or
omission complained of is authorized, allowed , or prohibited by the applicable
permit. By accep tance of a permit, a perrnittee further agrees that it will neither
bring nor cause to be brought any action , suit or other proceeding claiming damages
or seeking any other relief against the city for any claim nor for any award arising
out of the presence, installation, maintenance or operation of its facilities or any
activity undertaken in or near a right-of-way, whether the act or omission
complained of is authorized, allowed or prohibited by a permit. Notwithstanding the
foregoing , the city shall not be entitled to indemnification for its gross negligence of
wi ll ful misconduct. This section is not, as to third parties , a waiver of any defense
or immunity otherwise available to the permittee or to the city; and the permittee, in
defending any action on behalf of the city, shall be entitled to assert in any action
every defense or immunity that the City coul d assert in its own b ehalf.
Ordinance No. 1754
Page -14-
( c) Exceptions. The provisions of this section shall not apply to a permittee that has , as
of the effective date of this article, a valid franchise duly granted by the city, and
said franchise requires the permittee to hold harmless the city for damages
occasioned by the presence , operations or maintenance of the permittee's facilities.
This exemption shall not apply where said franchise does not afford the city at least
the level of protection stated in this section unless the permittee agrees to provide
the same or greater level of protection to the city.
Sec tion 8: Enforc ement s, Penal ties
(a) Any person who violates any of the provisions of this article shall, upon conviction,
be punished in accordance with Sec 6 of this Code.
( 1) Any person found guilty of violating any provision of this article shall be
punished by a fine of not less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00), or by imprisonment for a period not exceeding six (6)
months , or both , in the discretion of the municipal judge.
(2) This article shall also be subject to enforcement by the issuance of a summons
and compliant pursuant to the provi ions of Ordinance No. 1993-02, as the same
may be from time to time amended .
Se ction 9: General Pro visi on s
(a) Non-Exclusive Remedy. The remedies provided in this article are not exclusive or in
lieu of other rights and remedies that the city may have at law or in equity. The city
is hereby authorized to seek legal and equitable relief for actual or threatened injury
to the right-of-way , including damages to the right-of-way , whether caused by a
vio lation of any of the provisions of this article or any other applicable law.
(b) Severability. If any sec tion, subsection, sentence, clause, phrase, or portion of this
article is for any reason held invalid or unconstitutiona l by any court or
administrative agency of competent jurisdiction, such portion shall be deemed a
separate, distinct , and independent provision and such holding shall not affect the
validity of the remaining portions thereof. If a regulatory body or a court of
competent jurisdiction should determine by a final , non-appealable order that any
permit or rights or any portion of this article is illegal or unenforceable , then any
such permit or rights granted or deemed to exist hereunder shall be considered as a
permit with a mutual right in either party to terminate without cause upon giving
sixty (60) days written notice to the other . The requirements and conditions of such a
revocable permit shall be the same requirements and conditions as set forth in the
permit or rights, respectively, except for condi tions relating to the term of the permit
and the rights of termination . If a permit or right shall be considered a revocable
permit as provided herein, the permittee must acknowledge the authority of the City
Council to issue such revocable permit and the power to revoke it.
Ordinance No. 1754
Page -15-
(c) Reservation of regulatory and police powers. The city by the granting of a permit ,
does not urrender or to any extent lo e , waive, impair, or lessen the lawful powers
and rights , which it has now or may be hereafter vested in the city under the
Constitution and statutes of the State of Alabama to regulate the use of the right-of-
way by the permittee or to charge reasonable compensation for such use; and the
permittee by its acceptance of a permit must agree that all lawful powers and rights ,
regulatory power, or police power, or otherwise, as the same may be amended from
time to time and as are vested in or reserved to the city, shall be in full force and
effect and subject to the exercise thereof by the city at any time. A permittee or
applicant is deemed to acknowledge that its rights are subject to the ability of the
city to adopt and enforce, pursuant to its regulatory and police powers, general
ordinances necessary to the safety and welfare of the public and is deemed to agree
to comply with all applicable general laws and ordinances enacted by the city
pursuant to such powers .
(d) Co nflict . Any conflict between the provisions of a permit and any other present or
future lawful exercise of the city's regulatory or police powers shall be resolved in
favor of the latter.
( e) Severability Claus e. If any section or provision of this article, be declared invalid or
unconstitutional by judgment or decree shall not affect any other section or
prov1s1on.
(f) Effective Date. This article shall become effective July 25, 2022, and after its
publication of notice of the adoption as required by Alabama State law.
Ordinance No . 1754
Page -16-
Section 10: Schedule of Fees
SCHEDULE OF FEES
RIGHTS OF WAY AND EXCAVATION PERMIT FEES
Descriution Fee
Administration and Qlan review fee $50 .00 (commercial)
$25 .00 (resi dential)
Traffic control Qlan review and ins12ection fee $50.00 (all 12ermits)
Longitudinal and tran sver se excavation for major 12rojects $0.95 12er L.F. (minimum
(naved areas) fee of $100.00)
Longitudinal and transverse excavation for major 12rojects $0.75 (0.10) per L.F.
(un12aved areas) (minimum fee $25 .00)
Longitudinal and transver se excavatio n for QOint re12airs, $15 .00 per S.Y.
servic e line s, storm drains, manholes, etc . (naved areas)
Excavation for utilitx con struction, QOint re12airs, street cuts $6.00 per S.Y.
(naved areas)
Boring and jacking 012erations, tunneling, retrofitting of existing $0 .40/$0 .10 12er L.F.
utility lines, QiQe lining, etc . (minimum fee $5 0.00 12er
block)
Irrigation sxstems (Qaved areas) $0.4012er L.F. (minimum
fee $25.00)
Utility 12oles (new or re12 lac ement) incl uding gux and anchor as $100.00 for new
a1212roved bx the citv on a case bx case basis $25.00 for re12lacement
Communication towers (new installation) as defined by Fees as defined bx each
Telecommunications Ordinance or Small Cell Ordinance ordinance or P ermit Fee
Ordinance
Terminal bo xes, junction boxes, egui12ment cabinets, SQlice $5.00 each
boxes, rewlator stations, meters and valves in 12aved areas
Ordinance No . 1754
Page -17-
Where work for which a permit is required by this Ordinance is started or proceeded with
prior to obtaining said permit, the fees h erein specified shall be doubled , but the payment
of such double fees shall not relieve any persons from fully complying with the
requirements of this Code in the execution of the work nor from any other penalties
prescribed herein.
Vaults (or any cabinets/box bigger than 2 ' x 3 ' $50 .00
Descri(!tion Fee
Sidewalk, dri veway, curb, gutter (n ew construction, $1.00 i;1er sguare foot,
rei;1lacement and rei;1air): $25 .00 minimum
Stei;1 s / Rami;1s $50 .00 i;1er location
Monitoring Wells $50.00 each
Temi;1orfil)'. Pedestrian Walkway $50 .00 i;1er location
Balconies, Canoi;1ie s $25.00 i;1er sguare foot,
min $250 .00
Landscaping (admini strative and plan review fee) $50 .00 (all permits)
PARKING CONTAINER ON PUBLIC PARKING No charge for 7 or fewer
(PER DAY) total day s $25.00 i;1er day
(8 + days)
Aerial utility construction (over lashing of existing wires) $0.10 i;1er L.F.
**** Please note: All fees are non-refundable. ****
Ordinance No. 1754
Page -18-
Section 11: Obstruction Fees
The following conditions shall apply in determining obstruction fees:
(a) The obstruction of pedestrian walkways on the Public Right-of-Way will be charged
at the rate of five dollars ($5.00) per calendar day for each twenty (20) linear feet of
length.
(b) Fees will not be charged for obstruction of less than eight (8) hours.
( c) Dumpsters , containers , or any large unmovable objects will not be allowed to be
parked in the right-of-way without approval by the City Chief Building Official or
his designee .
(1) Permit fees will apply as noted in the fee schedule .
(2) Trailers used for construction related activities that attach to a vehicle will be
allowed if it is removed at the end of each workday.
Section 12 : B alco nies and Overhangs
Any such projection which existed on or after the approval of this ordinance must be
maintained, but no change or enlargement of any such encroachment shall be made except as
hereafter authorized. Maintenance and liability for the permissive encroachment shall be the
responsibility of th e property owner or tenant.
Balconies , canopies, and other similar projections may only project over the right-of-way or
other public property as provided in this section.
(a) o projection into the right-of-way shall exceed a distance as determined by the
clearance of the lowest point of the projection above the grade immediately below ,
as follows :
( 1) Clearance above grade less than eight (8) feet: No projection is permitted
except for architectural details such as belt courses, sills , bases and other
architectural details which may project up to six (6) inches.
(2) Clearance above grade over eight (8) feet: One (1) inch of projection is
permitted for each additional inch of clearance provided that no such projection
shall exceed a distance of four (4) feet.
(b) At the discretion of the city, balconies or canopies that project into the right-of-way
shall have a drainage system the prevents water from draining directly onto the
right-of-way.
(c) Balconies must comply with (2) above and:
(1) No part of any balcony shall be allowed below a height of twelve (12) feet
above grade.
(2) Nothing shall be placed on , over or beyond the railing or wall of a balcony .
(3) Balconies may extend up to four (4) feet into the right-of-way provided they
meet the conditions of paragraphs (a) and (b) and the following conditions:
Ordinance No. 1754
Page -19-
a. The distance between the back of the curb and the furthest most projection
of any balcony is not les s than ten (10) feet; and
b. The width of unobstructed paved walking surface beyond the furthest most
projection of any balcony is not less than five (5) feet.
( d) No balconies shall be permitted that encroach into the canopy zone of any planted or
planned city street tree.
Section 13: Removal and or Repair of Balconies and Overhangs
(a) Any unlawful encroachments existing in the public right-of-way shall be subject to
removal and the owner shall be responsible for labor and costs associated with such
removal.
(b) Any unlawful encroachments existing in the public right-of-way shall be removed
upon twenty-four (24) hours' notice given by the Public Works Department, if such
removal is necessary to repair or improve the right-of-way. If it is necessary to
remove the encroachment(s), the owner shall be responsible for all costs associated
with removal and/or repairs.
(c) In the event that the City Police, Fire, or Public Works Departments determine that
the location of an encroachment constitutes an immediate physical danger to life,
safety or health, the encroachment may be removed immediately without prior
notice.
(d) Any costs incurred to the city in restoring the public right-of-way to the condition
that existed prior to the encroachment shall be the responsibility of the
encroachment owner/applicant.
Section 14. Construction Plan Submittal Requirements within Public Rights-of-Way
and Easements
(a) Major Projects.
(1) Major Projects:
a. Construction plan submittal. Applicants for Right-of-Way Permits
shall submit a permit application through the Citizenserve Online
Portal and upload all engineering and construction documents,
including the following information, for review and approval:
b. Complete plan and profile sheets indicating the horizontal and
vertical location of all components of the proposed project and other
related information including, but not limited to, pipe and manhole
flow line elevations, type and size of pipe, the number and location
of all utility markers left above ground (shall not exceed twenty-
four (24") in height above grade except as required by federal or
state law) and other related structures, profile and other elevations
necessary for roadway and right-of-way restoration, and the design
details of the proposed construction and pavement and right-of-way
restoration will be required for gravity flow systems including
sanitary sewer, storm drain and related projects.
Note: Complete plan and profile sheets and other information currently required for
gravity flow systems will be required for projects submitted after future ordinance
amendment to include provisions for implementation of GIS mapping requirements.
Ordinance No . 1754
Page -20-
c. A plan indicating the location of the proposed project with respect
to the centerline, edge of road , and right-of-way, tie-in to nearest
street intersection, components and material type used , and
dimensions and depth of the proposed installation, will be required
for non-gravity flow systems including water distribution systems,
gas systems, communication, cable TV and electric power
distribution systems, unless otherwise authorized by the City
Building Official.
d . An Erosion Control Plan and Best Management Practices (BMP's)
complying with provisions of the City Erosion and Sediment
Control Ordinance.
e. A safety plan to indicate methods to be used to protect the general
public from injury, including the proposed use of barricades, signs,
lights , fencing and other barriers .
f. A traffic control plan complying with all the prov1s1ons of the
Federal Manual on Uniform Traffic Control Devices, current
edition, shall be submitted to the Building Department.
g. A Landscape Plan complying with the Tree Landscaping and
Protection Ordinance; and
h. Complete as-built construction plans of the construction project
shall be submitted to the Building Department, after final inspection
of the project. The as-built plans shall be submitted in hard copy
medium as well as CAD files in DWG Format.
(b) Minor Projects.
(1) Minor Projects :
a . Construction Plan Submittal. Applicants for right-of-way permits shall
submit a plat of the proposed project including the following
information:
1.) A plat prepared at a scale acceptable to the City Building
Department to indicate a plan view of the proposed project,
location with respect to edge of roadway, centerline, and right-
of-way, tie-in to nearest subdivision lot corner or street
intersection, components and type of material used, dimensions
and depth of proposed excavation.
2.) An Erosion Control Plan with Best Management Practices
(BMPs) complying with the provisions of the City's Storm
Water Management Ordinance.
3.) A Safety Plan to indicate the methods to be used to protect the
general public from injury, including the proposed use of
barricades , signs, lights , fencing and other barriers.
4 .) A Traffic Control Plan complying with all the provisions of the
Manual on Uniform Traffic Control Devices, current edition,
shall be submitted to the Building Department if any impact on
traffic movement is involved.
Ordinance No. 1754
Page -21-
5.) A Landscape Plan complying with the Tree Landscaping and
Protection Ordinance.
6.) Complete as-bui lt cons truction plans of the construction project
shall be submitted to the City Bui lding Department, after final
inspection of the project. The as-built plans shall be submitted
in hard copy and CAD files in DXF format.
(2) Small Projects. The Applicant will not be required to submit a construction plan
or plat for small projects . However, a location sketch will be required for the
approval of Small Projects (Type A). Any pavement or areas in the right-of-way
that is disturbed shall be restored in conformance with Sections VI and VII of
these appendices.
Se ction 15. Bond R equire m ent s
(a) Construction Bond. The city reserves the right to require the applicant provide an
irrevocable, unconditional letter of credit or bond to guarantee the proper
construction and completion of right-of-way restoration. The amount of the bond
shall be based on the estimated cost of the right-of-way restoration provided by the
permittee and approved by the City Building Department. A construction bond will
not be required for sma ll projects if no paved area or righ t-of-way is disturbed by the
project.
(b) City departments performing installation of facilities/sites , routine maintenance and
repair, and other agencies working in the right-of-way that are not involved in the
installation, repair and maintenance of utilities, are exempt from the requirements of
this ordinance .
Se ction 16. otification Procedur es for M ajor and M ino r P roject s
(a) Except for emergencies , the following notification procedures will be followed for
major and minor projects , prior to the commencement of any construction activities:
( 1) The one ( 1) call line location center will be notified forty-eight ( 48) hours
prior to any excavation. The location of all utilities shall be verified before
commencing construction.
(2) The Building Department shall be notified twenty -four (24) hours prior to
commencing any construction activity involving major and minor projects
within roadway limits.
(3) The Bui lding Department will be notified seventy-two (72) hours prior to
the closure of any roadway or interruption in traffic flow.
(4) A written notice will be distributed to each occupant of premises adjacent to
the project site five (5) days prior to commencing construction activity
relating to major projects .
Secti o n 17. Ins pectio n
(a) City personnel will conduct periodic inspections of utility construction, right-of-way
an d pavement restorati on . The contractor will schedule a final inspection for major
and minor projects when construction is complete.
Ordinance No. 1754
Page -22-
Section 18 . Trench Excavation and Ge neral U nderground Con struction Requirements
for Ma jor an d Min or Proj ects
(a) Excavation
(1) Trench excavating methods (trench box, shoring, etc.) shall be used to keep the
width of the trench to a minimum. Extra wide excavation to accommodate
equipment will not be permitted. Sheeting, bracing, shoring, prefabricated steel
trench boxes and other trench restraint system will be used to keep trench width
to a minimum and to comply with OSHA regulations .
(2) Hazardous materials. The applicant will comply with all federal, state, and local
laws, regarding hazardous material. For purposes of this section, hazardous
material shall mean any material, substance or waste which, because of its
quantity, concentration, or physical or chemical characteristics, is deemed to
pose a present or potential hazard to human health, safety or to the environment.
(3) Utility construction . The construction of utilities will be in conformance with the
plans, which constitute a part of the permit approval process. A preconstruction
meeting may be requested prior to project start date.
b. Depth requirements for underground installation:
1.) Within roadway limits, the minimum clear depth for open
cut installation, and jacking, boring, and pushing operations
shall be thirty-six (36) inches, unless otherwise authorized
or directed by the City Building Official.
2.) Outside roadway limits and driveways, the minimum clear
depth for open cut installation and jacking, boring, and
pushing operations shall be thirty (30) inches, unless
otherwise authorized or directed by the City Building
Officia l.
(4) Housekeeping and excavated material. The permittee shall keep the area
surrounding the excavation clean (including trash , loose materials, or other
debris).
(5) Subsurface Utility Engineering (SUE) may be requested in sensitive
infrastructure areas .
(6) No trenching or utility box install ation is allowed un der tree drip lines wi thout
the city horticulturist's approval.
(7) All existing utilities shall be located and required separation of utilities must be
maintained during new utility installation.
(8) Utility boxes shall not be installed in sidewalks without proper approval from
the City Building Official or his designee.
Ordinance No. 1754
Page -23-
(b) Backfill material.
(1) Backfill material for major projects will be select granular soil material
approved by the Geotechnical Engineering Company or the Building
Department. Excavated material from the trench will not be used unless
approved. Material excavated from utility poles, guy wire installation,
replacing existing poles and routine pole inspections may be used for
backfilling.
(2) Backfill material for minor projects within the roadway shall be comprised
of crushed stone material up to subgrade elevation, unless otherwise
approved by the Building Department. Backfill material for other areas will
be select granular soil material approved by a Geotechnical Engineering
Company or the City Engineer.
(3) Installation of backfill material:
a. Backfilling of the excavated area shall follow closely behind the
installation project.
b. The backfill material shall be compacted at near optimum moisture
content, in layers not exceeding six ( 6) inches compacted thickness, to a
density of not less than ninety-five (95) percent, unless otherwise
approved by the Geotechnical Company. Mechanical tampers shall be
used unless another method of compaction is approved . Jetting will not
be permitted. The backfill material shall be installed uniformly and
brought up evenly in layers for the full length of the trench.
(4) Geotechnical testing and compaction for major and minor projects:
a. Major Projects . A Geotechnical Engineering Company will perform
compaction tests at intervals of no more than 200 feet along the main
trench line. Tests will be conducted at the installation of service lines
within these limits where directed by the Building Department. The
Geotechnical Engineering Company will perform tests at as many le ve ls
of backfill installation, and at lateral locations to certify that compaction
requirements have been achieved. Documented test reports will be
prepared and submitted to the Building Department before any right-of-
way restoration proceeds .
b. Minor Projects. Compaction tests may be requested for minor projects
at specific locations.
(5) General Public Safety. Every effort will be taken by the contractor to protect
the safety and welfare of the public, and to ensure compliance with the
safety and traffic plans submitted with the Permit Application.
(6) Steel plates may be required by the Building Department, in congested or
heavily traveled areas, to cover open trenches . Temporary patching will be
required for any trench excavation in the roadway prior to opening the area
to traffic. The Building Department may also require the temporary covering
of any excavated area that will be left open overnight, if he so deems that
not covering the excavated area will present a threat to public safety or
health.
Ordinance No . 1754
Page -24-
(7) For maj o r projects, a construction sign will be placed adjacent to the utility
construction area where traffic flow is to be obstructed. The signs will be
p laced seventy-two (72) hours prior to construction, at least every five
hundred (500) feet a lo ng the project. The name of the utility/c ompany
involved and phone numbers that may be contacted on a twenty-four-hour
basis to be shown on the sign(s).
Section 19. Right-of-Way Restoration within Roadways
(a) All construction procedures and materials utilized wi ll be in comp liance with
Ala bama Department of Transportation Standard Specifications for Highway
Construct ion, current e dition. A Geotechnical Engineering Comp any wi ll be ret ained
by th e utility company or permittee , to conduct fie ld tes ting to document and certify
that all materials and compaction effort s are in comp liance wi th Alabama
Department of Transportation Standard Specifications fo r Highway Construction,
latest edition and procedures specified in the City Engineering Department's design
details for right-of-way restoration.
(b ) Major Projec ts.
( 1) Asphalt road surface.
a . Base construction.
1.) Granular soil , sandy clay base. The base course of the
affected lanes shall be reconstructed full width.
2) Bituminous base , stone base . The base course of the
affected lanes shall b e patched with equivalent base material
if the structural integrity of the roadway ha s not been
affected by the proj ect, as determined by the Geotechnical
Engineering Comp any. Otherwise, the affected lanes shall
be reconstructed fu ll width .
b. Wearing surface . The full width of the roadway surface shall be
resurfaced within the limits of the project. Existing traffic striping
and markings will be replaced.
(2) Asphalt roadway surface overlay on existing concrete pavement.
a . B ase constructi on . The exis t in g concrete street may be p atched with
concrete, if the structural integrity of t he roadway has not b een
affected by th e project, as determined by the G eotechnical
Engineering Company. Otherwise, the affected panels of the
existing concrete street shall be reconstructed.
b. Wearing surface. The full width of the roadway surface shall be
resurfaced within the limits of the project. Existing traffic striping
and markings will be replaced .
(3) Concrete roadway surface.
a . B ase construction. The base course of the affected lanes shall be
reconstructed full width as determined by the Geotechnical
Engineering Company.
Ordinance No . 1754
Page -25-
b. Concrete pavement. The entire roadway panel sections of the
affected lanes shall be reconstructed. If the structural integrity of the
roadway has been significantly affected by the project, the Building
Department may require the entire concrete surface, within the
project limits , be reconstructed full width. Existing traffic striping
and markings will be replaced.
(4) Unpaved roadway surface. The entire roadway shall be surfaced with six (6)
inches of stone within project limits.
( c) Minor Projects.
(l) Asphalt roadway surface sixteen (16) square feet or greater). For transverse
service lines and miscellaneous installation and repair projects within excavated
areas sixteen (16) square feet or greater, the entire width of the lane disturbed
will be resurfaced from a point measured ten (10) feet from the edge of the
excavation each way longitudinally along the centerline of the roadway . If more
than one (1) lane is disturbed, the entire width of the disturbed lanes will be
resurfaced. If the replacement pavement is more than seventy (70) feet long or
more than ten ( 10) percent of the roadway area within a block is affected, the
entire roadway will be resurfaced within the block. Existing traffic striping and
markings will be replaced.
(2) Asphalt roadway surface less than sixteen (16) square feet). For miscellaneous
construction involving excavated areas less than sixteen (16) square feet, the
area from the edge of the excavation extending one ( 1) foot outside the
perimeter of the cut area will be resurfaced. If more than one (1) lane is
disturbed , the entire width of the disturbed lanes will be resurfaced. If the
replacement pavement is more than seventy (70) feet long or more than ten (10)
percent of the roadway area within a block is affected, the entire roadway will
be resurfaced within the block. Existing traffic striping and markings will be
replaced.
(3) Concrete roadway surface. The entire affected roadway panel sections,
including base course , will be reconstructed joint to joint. Existing traffic
striping and markings will be replaced .
(4) Unpaved roadway surface. The entire roadway width will be resurfaced with six
(6) inches of stone from a point ten (10) feet measured longitudinally along the
roadway from the center of the excavation each way .
(d) Jacking, boring, pushing, tunneling , retrofitting , and pipe lining projects. Any
pavement damage caused by these types of projects will be restored in conformance
with provisions of this ordinance . Any existing pavement damage relating to the
replacement, retrofitting, or pipe lining of damaged utilities will be restored in
conformance with the provisions of this ordinance.
Section 20. Right-of-Way and Easement Restoration Outside Roadway Areas
(a) Driveways.
( 1) Asphalt.
a. Asphalt driveways affected by the construction project shall be replaced
from the right-of-way line to the curb or edge of road.
Ordinance No . 1754
Page -26-
b . Construction of asphalt dri veways will comply with Alabama Department of
Transportation Standard Specifications for Highway Construction, current
edition , Section 410.
(2) Concrete .
a . Construction of concrete driveways affected by the construction project
shall be replaced to the nearest control joint.
b. Construction of concrete driveways will comply with the Alabama
Department of Transportation Standard Specifications for Highway
Construction , current edition , Section 618.
(b) Concrete Sidewalks.
( 1) Concrete sidewalks affected by the construction project shall be replaced to the
neare st control joint in the affected area. Joints will be sawed unless at an
expansion joint.
(2) Construction of sidewalks will comply with the Alabama Department of
Transportation Standard Specifications for Highway Construction, current
edition, Section 618.
( c) C urb and Gutter.
(1) Concrete curb and gutter, affected by the construction project , will be replaced
from joint to joint in the affected area .
(2) Concrete curb and gutter construction will comply with the Alabama
Department of Transportation Standard Specifications for Highway
Construction, current edition , Section 623.
( d) Misc ellaneous Structures.
(I) All walls , steps , and other miscellaneous structures , affected by the construction,
will be replaced as required by the Building Department.
( e) Drainage Systems and Structures.
( 1) All disturbed drainage channels , structures , and pipe systems affected by the
construction will be replaced as required by the Building Department.
(f) Unpav ed Areas.
(1) All established lawn areas , affected by the construction project , will be replaced
with similar landscaping materials which were existing prior to the project
construction beginning, or upgraded at the discretion of the Building
Department. Other areas will be restored with approved topsoil replacement,
and or sodding or seeding . Contractors are required to schedule final inspections
to all work done in the right-of-way .
Ordinance No. 1754
Page -27-
Section 21. Boring / Drilling
(a) Construction Safety
(1) Prior to performing work involving hydraulic directional drilling under a right-
of-way permit, the permittee (or its contractor) shall implement the following
safety guidelines:
(2) Perform all operations in compliance with OSHA guidelines and ensure that all
personnel are properly trained and equipped to work in the public right-of-
way .
(3) Ensure that utility one-calls and other coordination requirements have been met.
(4) The HDD Contractor shall have a planned response in the event of a utility
strike including utili ty owner notification call numbers.
(b) Construction Guidelines
(1) All construction work sha ll be performed in accordance with city requirements
and as outlined below. For all work involving horizontal directional drilling
under a right-of-way permit , the permittee (or its contractor) shall perform the
tasks outlined in the following sections.
(2) The following shall be performed during construction:
a. The HDD Contractor shall calibrate its tracking and locating equipment at
the beginning of each workday.
b. Positively locate/expose (by potholing) all utilities crossed.
(3) Positively locate/expose (by potholing) all parallel utilities at the beginning and
ending of all bores , every two hundred (200) feet , if it is within five (5) feet of
the proposed alignment or every fifty (50) feet , if it is within three (3) feet of the
proposed alignment , and additionally as requested by the Right-of-Way
Inspector or Public Works Director.
(4) A municipal Right-of-Way Inspector or Public Works Inspector will monitor
and verify the alignment measurements provided by the HDD Contractor on a
frequent and unannounced schedule.
(5) The HDD Contractor shall inspect the work and surrounding area to ensure that
no construction related damage has occurred including heaving or humping of
paved surfaces, and drilling fluid fractures or releases.
( c) Items noted below shall be performed following construction.
(1) The permittee (or its contractor) shall ensure that all cleanup and restoration is in
comp li ance with the City requirements for right-of-way restoration. Upon
completion of all right-of-way restoration activities , the permittee will schedule
a closeout inspection.
(2) The permittee shall notify the Right-of-Way Inspector upon completion of all
project work including final punch list items.
Ordinance No. 1754
Page -28-
(3) The two-year maintenance period for the permittee will not begin until all
corrective actions required have been completed and subsequently approved by
the Right-of-Way Inspector or appropriate City Authority.
(4) Additional permits will not be issued ifrestoration work is not complete on the
existing permit.
(d) The HDD Contractor shall contain, handle, and dispose of drilling fluids m
accordance with the following requirements:
(1) All drilling fluid and fluid additives shall be disclosed , and Material Safety Data
Sheets (MSDS) shall be provided to the Right-of-Way Inspector upon request.
(2) Excess drilling fluid shall be confined in a containment pit at the entry and exit
locations until recycled or removed from the site.
(3) Precautions shall be taken to ensure that drilling fluid does not enter roadways ,
streams, municipal storm, or sanitary sewer lines, and/or any other drainage
system or body of water.
( 4) Unintended surfacing of drilling fluid shall be contained at the point of
discharge and recycled or removed from the site.
(5) Drilling fluids that are not recycled and reused shall be removed from the site
and disposed at an approved dispo al site.
(e) Construction Records
( 1) As-built plans should be in electronic format , but hard copy format may be
approved on a case-by-case basis by the permitting agency . HDD Construction
Records and as-built plans shall conform to the same plans submission
requirements as for right-of-way permits and as described in this policy .
Section 22. Irrigation in the Right-of-Way
(a) The City of Fairhope (COF) will not be responsible for maintaining, repairing , or
have any liability for the irrigation systems installed within the right-of-way .
(b) In the event of any roadway or sidewalk repair, COF will be in no way responsible
for repair, replacement , or relocation of any existing irrigation system, or component
of the system.
( c) The permittee shall not be allowed to modify the irrigation design once COF has
approved it. Any changes will have to be resubmitted for COF approval.
( d) COF may request removal of any unapproved changes.
(e) The permittee agrees to indemnify and bold harmless COF, officers, agents , and
employees from litigation , actions or claims of any kind which may arise from
construction, maintenance and /or functioning of the work permitted by the approved
permit.
Ordinance No. 1754
Page -29-
(f) The permittee shall assure perpetual maintenance of the irrigation in the right of way
to avoid damage to roads , sidewalks , curbs, existing utilities, and other facilities
under control of the COF and should be liable for any damage that occurs caused by
the irrigation system .
(g) The irrigation system should be designed to avoid overthrow of water onto the paved
road surface and sidewalk if applicable .
(h) It is understood that should the irrigation allowed under this permit become a traffic
and/or pedestrian hazard in the opinion of COF, COF has the authority to require
disconnection of such irrigation .
(i) The permittee agrees that should the applicant fail to maintain the irrigation system
the COF may decide to have ·the irrigation eliminated on the right of way at the
applicant 's expense.
U) Each permit will be reviewed and approved or declined on a case-by-case basis.
(k) See Appendix B for Permit Form.
Section 23. General Micro-trenching
(a) Micro-trenching is a low-impact slot-cut trenching method that enables quick
installation of underground fiber in trenches that are narrower and shallower than
typical open trenches currently used in the industry. The City Building Official and
the Director of Public Works , or designee, may approve use of micro trenching in
specific , approved areas. Any proposed micro trenching option shall not proceed
until both officials have reviewed and provided written approval and comments to
the permittee . Any deviation from these specifications may be considered on a case-
by-case basis . Specific deviations regarding depth are discussed in Appendix A,
below.
(b) Supplementary requirements -All requirements of the Public Works and Building
Department shall be compiled with except as specifically permitted in this section.
Requests that involve placement of cable/conduit within the asphalt pavement at
depths shallower than required in the micro trenching specifications and as shown
on the standard drawing, shall comply with the following supplementary
requirements for micro trenching within pavement areas .
(c) The City of Fairhope may allow "micro trenching construction" in the right-of-way
at depth and configuration that is mutually acceptable to applicant and the city at no
cost to the City of Fairhope, the applicant shall provide permanent on-going
maintenance of the fiber routes in the project areas . Maintenance shall include
providing materials and labor to properly maintain in good condition pavement,
sidewalks, curbs , gutters, and softscape areas (dirt and grass).
(d) The applicant, at no cost to the City of Fairhope shall replace any fiber/conduit,
including the applicant 's and all other fiber/conduits that are damaged or destroyed
due to any paving/resurfacing activities. This also includes those activities
necessary for the city to maintain drainage infrastructure.
(e) The applicant shall replace at no cost to the City of Fairhope, any fiber/conduit, of
the applicant, and all other fiber/conduits , damaged or destroyed in the softscape
areas (dirt shoulders, grassed utility strip , etc.).
Ordinance No. 1754
Page -30-
(f) The City of Fairhope will not be responsible for any damage to the cable/conduit
resulting from utility construction activities by applicant or its contractors and others
in the approved areas.
(g) The applicant agrees to conform to the City of Fairhope's standard specifications
and the terms in Appendix A. Any changes shall be at the sole discretion of the
City.
(h) The applicant shall conduct an inspection of the approved areas on years one, three
and five. Subsequent inspections thereafter may be coordinated between the
applicant and the city. Applicant shall provide inspection reports for each approved
area after each inspection that details the results of the inspections. The City Right-
of-Way Inspector shall participate in the inspections as it deems necessary.
(i) Applicant shall indemnify and hold the city harmless from any and all liabilities ,
losses , claims , settlement payments , costs and expenses, damages, penalties , fines ,
attorney 's fees and other amounts resulting from: a) construction, operation, and
maintenance activities associated with the applicant's fiber optic network located
within the approved areas; b) maintenance and repair activities associated with any
public assets as previously described.
(j) The City of Fairhope reserves the right to terminate the associated activities within
each or all approved areas without cause after thirty days written notice or for cause
immediately at any time. Any outstanding costs, debt or other financial
commitments related to the project shall be the sole responsibility of applicant.
Upon cancellation, the terms of this agreement more specifically, the maintenance
obligations of applicant, shall survive.
(k) For general construction methods refer to Appendix A.
Section 24. Supplemental Tree Protection (Ordinance #1223)
(a) The City of Fairhope Tree Protection Ordinance applies to any tree located on City
ROW or on commercially zoned property. A Tree Removal Permit will be required
to be submitted and approved prior to any tree being removed, failure to obtain a
permit prior to removing a tree on City ROW will result in a fine up to $10 ,000.00 .
(b) ii) A complete copy of the ordinance is available at
https://www.fairhopeal.go v/home /showdocurnent?id= 190
Section 25. Right-of-Way (ROW) Supplemental (Ordinance #1254)
(a) The City of Fairhope formally adopts the Proposed Accessibility Guidelines for
Pedestrian Facilities in the Public Right of Way (PROW AG).
(b) City Code prohibits construction of any kind upon or within any public right-of-way
or any utility or drainage easement without proper permits.
( c) Alabama State Law mandates that line locates be obtained by calling Alabama One
Call (811) prior to any digging beginning. Line locaters have up to 48 hours to
respond after notification .
( d) Sodding shall be used for final site stabilization on any project conducted in city
right-of-way.
Ordinance No. 1754
Page-31-
( e) Mechanical excavation is prohibited anywhere line locate has marked existing
utilities in the proposed project area.
(f) Verifying the location of property lines or easements is the responsibility of the
builder or owner.
(g) Any obstruction placed within such easement or right-of-way is a violation of the
terms of the building permit and is subject to an order for immediate removal by the
owner or contractor.
(h) A building permit issued for new construction or a building allows for construction
of driveways or walkways to service that building.
(i) No shell, gravel, crushed limestone, slag, or similar loose material shall be permitted
within two feet (2 ') of a road or sidewalk ( acceptable materials include asphalt,
concrete, pavers, or other non-eroding material). Note: Zoning Ordinance requires
a three foot (3 ') green space between the edge of property (property line) and edge
of driveway.
(j) Parking pads must not be larger than 1 O' x 20' of impervious material. Larger
parking pads will be allowed by using pervious material such as -non grouted
pavers, grass pavers etc.
(k) No drive or walk may be so constructed as to result in an obstruction or tripping
hazard over or across an established city si dewalk.
(1) Neither driveways nor sidewalks may be constructed over or around a utility service
box.
(m) Applications to the Building Department must include application, diagram of area
showing where work is to be done, and detail of materials .
Section 26. Street Cut
(a) A permit is required for any opening or cut in any public street or right-of-way
excavation in, for, or under any street, alley, sidewalk, or thoroughfare or to develop,
construct or install any utility, sewer, water, or gas lines in the city right-of-way .
(b) A permit application is required for any street cut. Upon approval of this
application, you will receive your copy of the Street Cut Permit. The issued permit
may prescribe special conditions and restrictions, which are in addition to the city's
regulations. Failure to comply with all regulations could result in suspension from
working within the city right-of-way. Street Cut Permits expire after six (6) months
from the issue date.
(1) The Right-of-Way Construction Inspector must be contacted forty-eight (48)
hours before construction and when the cut is being backfilled. Failure to do so
can result in a stop work order and a possible fine .
(2) Openings are to be closed within three (3) days and paving restoration to be
made by permittee unless otherwise stipulated. Restoration must be done
according to City requirements.
Ordinance No. 1754
Page -32-
(3) Work is not permitted to begin until an approved Street/Sidewalk Cut Permit is
issued by the City of Fairhope. If this is an emergency, the requestor/contractor
must contact the city prior to work. Permit application for an emergency must
be applied for after the emergency street cut is performed.
( 4) Wark without a permit is subject to double the fees .
Fees
a . Fees will be calculated based on the fee schedule in Sec 10 of the
City Right-of-Way Ordinance.
b. Degradation fees will be based on age and quality of the road
surface. A multiplied factor of 1.5 times will be used to calculate
the fees:
• Road moratorium for any new or resurfaced road for 1.5 years
after completion (Exceptions for emergencies only).
Excavation within these streets is strictly prohibited. Appeals
must be submitted in writing to the Public Works Director.
• 5 for pavement in place for 1.5 years to 3 years
• 4 for pavement in place for 3 to 6 years
• 3 for pavement in place for beyond 6 years
Section 27. Reserved for Code Interpretations and Construction Details
Curb, Gutter Detail
Sidewalk and Handicap Ramp Detail
Brick Paver Detail
Landscape Detail
Storm Sewer Detail
Typical Street Section Detail
Trail Detail
Severability Clause -if any part, section, or subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to invalidate
or impair tqe remainder of this ordinance, which shall continue in full force and effect
notwithstanding such holding .
Effective Date -This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
Adopted and approved this 25th day of July, 2022
binson
c 1 President Pro Tempore
Attest: By«~ sa . anks.
City C erk
Adopted and approved this 2
Ordinance No. 1754
Page -33-
GENERAL:
Appendix A
1. Micro-trenching shall only be used to install telecommunication conduits.
2. It is solely the contractor's responsibility to follow all applicable safety, building
codes, and regulations during all phases of construction. The contractor is
responsible for verifying all dimensions and conditions relating to existing
construction and/or site drawings .
3. The contractor shall identify all existing utilities, including service connections in
the field. The contractor shall contact Alabama 811 a minimum of seventy-two (72)
hours prior to start of work. The contractor shall pothole all crossing utilities and
parallel utilities within eighteen ( 18) inches of the proposed alignment to a depth of
six (6) inches below the bottom of the micro-trench, to determine the existing utility
alignment and elevation. Potholes shall be immediately backfilled and compacted in
accordance with the specifications or restored as directed by the engineer.
4. The contractor shall submit construction plans and shall include a detail explaining
the process by which the contractor will install conduits under the existing curb and
gutter and sidewalk. The city will approve all submitted plans and details on a case
by case basis.
5. Trench location shall be a back edge of the valley gutter. No micro-trenches along
median curbs shall be allowed. The location of micro-trench in relation to the curb
shall not deviate along its alignment unless otherwise approved by the city. Only
two (2) perpendicular street crossings will be allowed .per block, or no less than 300'
were valid .
6. Do not conduct micro-trenching or install conduit in parallel alignment above any
publicity owned utility unless specifically approved in writing by the utility owner.
7. Pavement cuts shall be straight and clean. It is recommended that spalls and
potholes within 12 inches of the micro-trench be repaired prior by trenching to
facilitate straight pavement cuts. A circular vacuum or equivalent excavator which
can effectively evacuate cuttings shall be utilized .
8 . A minimum cover of ten (10) inches shall be maintained from the top of the conduit
to the top of the roadway section . A maximum trench depth of fourteen (14) inches
shall be provided. Two (2) inches of separation shall be provided if a second
conduit is installed in the trench. The micro-trench width shall be a minimum of one
(1) inch and a maximum of two (2) inches .
9. At street intersections , conduit shall be installed in narrow trench with pavement
resurfacing and any other requirements per city regulations , directional boring may
be required per city standards.
10. All micro-trenches shall be completely backfilled with a cement slurry 2500 psi min,
and final 4" of trench shall be backfilled with epoxy to finish grade by the end of the
workday .
11 . Upon completion of micro-trenching , all grades , pavement markings , and structures
shall be restored to existing conditions meeting applicable service requirements.
Ordinance No.
Page -34-
Appendix B
Speci al P rovis ion s fo r P ermi tting Irrigati on Systems in the Right of Way
1. The City of Fairhope (COF) will not be responsible for maintaining, repairing ,
or have any liability for the irrigation systems installed within the right-of-way.
2. In the event of any roadway or sidewalk repair, COF will be in no way
responsible for repair, replacement , or relocation of any existing irrigation
system, or component of the system.
3. The permittee shall not be allowed to modify the irrigation design once COF
has approved it. Any changes will have to be resubmitted for COF approval.
4. COF may request removal of any unapproved changes.
5. The perrnittee agrees to indemnify and save harmless COF, officers, agents , and
employees from litigation, actions or claims of any kind which may arise from
construction, maintenance and/or functioning of the work permitted by the
approved permit.
6. The permittee shall assure perpetual maintenance of the irrigation in the right-
of-way to avoid damage to roads , sidewalks, curbs, existing utilities and other
facilities under control of the COF, and should be liable for any damage that
occurs caused by the irrigation system.
7. The irrigation system should be designed to avoid overthrow of water onto the
paved road surface and sidewalk if applicable.
8. It is understood that should the irrigation allowed under this permit become a
traffic and/or pedestrian hazard in the opinion of COF, COF has the authority to
require disconnection of such irrigation.
9. The perrnittee agrees that should the applicant fail to maintain the irrigation
system the COF may decide to have the irrigation eliminated on the right-of-way
at the applicant's expense.
10. Permittee has included drawings of work to be done in the ROW for review.
11 . Each permit will be reviewed and approved or declined on a case-by-case basis.
By signing below, you agree to all the terms listed above:
Su bdivision : Lot: --------------------------
Address/Location: _______________________ _
Property Owner's Signature : ____________ Date : ______ _