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Preston City Zoning Code

CHAPTER 17

44 ENCROACHMENT - CUT PERMITS

17.44.010 Purpose

The City is committed to the promotion of quality development in all parts of the City and to improving the quality of life for its citizens. In order to help meet these goals, the City has established criteria, standards, and requirements to ensure that when a road is cut, they are replaced in way that will not require the City to expend funds to fix them at a later time. (Ord. 2019-7, § 1, 11-25-2019)

17.44.020 Criteria, Standards And Requirements

  1. The following are the bond requirements that must be satisfied for any encroachment/cut permit to be issued.
    1. A bond shall be paid to ensure the necessary repairs are made. The bond will also ensure that such repairs last for at least one (1) year after installation so that the City does not have to repair the roadway as a result of the work.
    2. Any request for a permit will require a bond to be paid prior to the commencement of any work. The bond shall be calculated based on the square footage of the trench (as determined by the City Engineer).
    3. Upon the satisfactory repair of the road, half of the bond shall be refunded upon the request of the applicant. Requests for refunds shall be made in writing and filed with the City Clerk. If no request for a refund is received within six (6) months of completion, this half of bond shall be forfeited to the City Street Fund.
    4. After a warranty period of one (1) year has elapsed since the satisfactory repair of the road, and if no repairs are necessary during that period, the remaining half of the bond shall be refunded upon request of the applicant. Requests for refunds shall be made in writing and filed with the City Clerk. If no request for refund is received within six (6) months of the warranty period ending, this half of the bond shall be forfeited to the City Street Fund.
    5. A non-refundable inspection fee, as set by resolution, shall be paid prior to the commencement of any work.
  2. The following time requirements shall be met:
    1. Within thirty (30) calendar days of the road being cut, all repair work shall be completed. If work is not completed within this time frame, the required bond shall be forfeited to the City Street Fund. After thirty-five (35) calendar days, if the work is not completed and the road repaired to city standard, a fine of two hundred fifty dollars ($250.00) may be assessed for each day that the work remains incomplete. Any developer or contractor with outstanding fines for such a violation shall not commence work on any other project involving the cutting of any road until all fines are paid in full.
  3. Time extensions may be granted at the discretion of the City Engineer due the time of year and the availability of hot mix.
    1. A temporary patch may be required until such time that hot mix is available. If a temporary patch is used, the applicant is responsible for the maintenance of the patch until such time a permanent patch can be placed. If a temporary patch is not maintained, the entirety of the bond shall be forfeited to the City Street Fund.
  4. Any contractor or developer engaging in cutting a road or otherwise encroaching into the City's right of way shall:
    1. Maintain the trench until such time as the work is complete and accepted by the City.
    2. Provide the city engineer with a traffic control plan. Such a plan may require signage, flaggers, barriers, etcetera, in order to provide for the safety of those operating vehicles on the right of way.
    3. Failure to provide an adequate traffic control plan result in a fine of two hundred fifty dollars ($250.00) which may be assessed each day that the work remains incomplete. Any developer or contractor with outstanding fines for such a violation shall not commence work on any other project involving the cutting of any road until all fines are paid in full.
  5. The public works department shall be notified seventy-two (72) hours prior to any work commencing.
    1. No work shall take place on Friday, weekends, or holidays.
    2. All work shall begin before 3:00 P.M. and conclude before 5:00 P.M.
    3. No work shall begin before 8:30 A.M.
  6. A compaction test shall be required.
    1. Compaction is required for all backfill.
    2. The compaction shall be verified and attested to in writing by a certified testing agency.
    3. Compaction tests results shall be verified prior to the installation of hot mix.
  7. All work shall be warrantied for a period of one (1) year from the completion of work.
    1. The contractor completing the work shall guarantee the patch for one (1) year.
    2. If, during the warranty period, the patch settles or work is required to repair damage to the patch, the contractor shall replace the patch at the contractor's expense.
  8. At the discretion of the City, it may be required that a roadway be bored instead of being cut.
  9. All patches shall conform to the following standards as illustrated by the paved roadway trench standard drawing.
    1. Contractor to saw cut width of trench.
    2. Install connection.
    3. Install sand/bedding material 6" beneath and 12" over pipeline.
    4. Install native backfill with compaction, 8" - 12" lifts.
    5. Install 12" pit run subbase.
    6. Install 4" road base, 3/4" minus crush aggregate compacted to 95%.
    7. Before installing asphalt, contractor shall saw cut 12" beyond first saw cut and remove existing asphalt.
    8. Installation of new 3" asphalt shall abut clean saw cut.

(Ord. 2019-7, § 1, 11-25-2019) HISTORY Adopted by Ord. 2019-7 Encroachment / Cut Permit on 11/25/2019