Fairfax Municipal Code Ch. 12.24 Excavations in Streets and Public Thoroughfares

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. Any person by whom application is made for, or to whom shall be issued, a permit under the provisions of this chapter.

(Prior Code, § 12.24.010)

It is unlawful for any person to cut, open, excavate or tear up any portion of any street or other

public thoroughfare within the town for the purpose of laying, replacing or repairing any pipe, conduit or sewer therein, or for any other purpose whatsoever, without first obtaining a written permit therefor from the Superintendent of Streets.

(Prior Code, § 12.24.020)

Any person desiring to cut, open, excavate or tear up any portion of any street or other public thoroughfare within the town for the purpose of laying, replacing or repairing any pipe, conduit or sewer therein or for any other purpose whatsoever shall, before proceeding with the work, file with the Superintendent of Streets a written application for a permit to proceed with the work contemplated. The application shall set forth the work contemplated with reasonable certainty, and shall contain a covenant and agreement on the part of the applicant to hold the town harmless for any damages claimed for injuries suffered by any person from the work or improvement.

(Prior Code, § 12.24.030)

(A) The Superintendent of Streets, before issuing any such permit, shall estimate the length of the proposed excavation or opening and shall require a deposit from the applicant in the sum of at least $1 for each square foot of the cut, opening or excavation.

(B) The deposit shall be held and applied by the Superintendent of Streets to defray the costs of resurfacing the opening or excavation as provided in this chapter.

(Prior Code, § 12.24.040)

(A) If it appears to the Town Administrator or his or her designee that travel over the street described in the application will not be hindered or delayed by the work therein described, beyond a reasonable time, he or she shall, upon receipt of the deposit mentioned in § 12.24.040, issue a written permit to the applicant to do the work necessary to perform in accordance with the application.

(B) Should the Town Administrator or his or her designee determine that the proposed excavation could cause future ongoing maintenance costs and paving surface problems which may exceed the amounts normally budgeted by the town for street maintenance and resurfacing, then approval of both the Town Administrator and Town Engineer shall be required for issuance of the permit.

(C) The permit may be made subject to reasonable conditions, including repaving curb to curb where warranted.

(D) Prior to any street opening serving more than two residents or businesses a ten-day notice of the proposed work shall be given by the permittee to all affected by the work as prescribed by the Town Administrator or his or her designee.

(Prior Code, § 12.24.050) (Ord. 656, passed - -1996)

(A) The cutting, opening or excavation specified in the permit and the laying, replacing and repairing of any pipe, conduit or sewer therein shall be done by the applicant in accordance with the requirements set down by the Superintendent of Streets, and the opening, cut or excavation shall be filled in as soon as reasonably practicable by the applicant, up to the street surface of any concrete, macadam or other surface of any such street.

(B) The backfilling shall be done by the applicant and shall be accomplished by application of a pneumatic jack tamper or other method acceptable to the Superintendent of Streets to thoroughly and completely tamp the refilled dirt, gravel or other material.

(Prior Code, § 12.24.060)

(A) When all of the backfilling has been accomplished and the fill tamped and prepared for any concrete, macadam, gravel or other surface dressing, the applicant shall thereupon immediately notify the Superintendent of Streets, in writing, with the date and hour of notification written thereon.

(B) (1) It is expressly made the duty of the Superintendent of Streets to repave or resurface the street. The Superintendent of Streets shall pay the cost of the paving and resurfacing out of the amount of the deposit received by him or her for granting of the permit, making reasonable charge for all labor, including that of the Superintendent of Streets, and for all materials used in repaving or resurfacing.

(2) Should there be any amount on hand in possession of the Superintendent after making all reasonable charges necessary for the work, then the same shall be returned to the applicant.

(3) In the event that the cost of the repaving or resurfacing is in excess of the amount of the deposit, the Superintendent of Streets shall notify the applicant and the applicant shall pay the amount of the excess to the Superintendent of Streets upon demand.

(Prior Code, § 12.24.070)

No water district, sanitary district or other public utility corporation shall be required to make deposit, as provided in this chapter, but shall nevertheless be obliged to secure a permit from the Superintendent of Streets, as required in this chapter. Any such water district, sanitary district or public utility corporation shall also be obliged to resurface any opening or excavation made by it in any street in the town, and to maintain the patched surfaces or resurfacing over any excavation made by it for a period of one year from the date of completion of the resurfacing operation.

(Prior Code, § 12.24.080)

(A) Every applicant shall erect and maintain around any cut, opening, excavation or torn-up portion of any street, for the entire period during the course of work, a good and substantial barrier warning persons on foot or in vehicles of the danger of travel thereover. Each end of any such cut, opening or excavation shall be marked by a red flag during the daytime and shall be marked by a red light at night from sundown to sunrise.

(B) Any person having occasion to deposit or maintain on any portion of any street or sidewalk any building material, lumber, debris or other material of any kind shall cause the same to be barricaded and marked.

(Prior Code, § 12.24.090)

(A) Permission to excavate a moratorium street will not normally be granted for five years after completion of the street renovation.

(B) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

MORATORIUM STREET. A street that has been repaved with a minimum of one inch of asphalt concrete or is listed as a “moratorium street” on the annually updated “Town Road List.”

(C) Utilities shall determine alternate methods of making necessary repairs to avoid excavating in newly renovated streets.

(D) Permits may be issued for exceptions to the above as follows:

(1) Emergency which endangers life or property;

(2) Interruption of utility service;

(3) Work that is mandated by city, county, municipality, state or federal legislation;

(4) Service for buildings where no other reasonable means of providing service exists; and

(5) Other situations deemed by the town’s Director of Public Works to be in the best interest of the general public.

(Ord. 683, passed 5-1-2001)

(A) Except in extreme emergency, encroachment permits for opening excavation must be taken out in advance of excavation work. An extreme emergency is considered to exist only when life or property is endangered or when a utility service is interrupted during weekends, holidays or between 5:00 p.m. and 8:30 a.m. of normal working days. If an emergency cut is made, application for a permit shall be made the next working day.

(B) An encroachment permit shall be secured by both the utility and by the contractor if work is to be performed by an independent contractor.

(C) A plan showing approximate location of excavation will be acceptable provided that an “as built” plan shall be submitted after the excavation is made.

(D) Encroachment permits for street opening shall be valid for the time specified on the permit or a maximum of six months. The estimated date of commencement and completion of work shall be indicated on all permits. Conflicts in the schedules of work under two or more permits shall be resolved by the permittees involved. If unresolved, work under these permits will be executed in order of permit application received by the Public Works Department.

(E) No permit to excavate shall be valid unless the applicant has been provided an inquiry identification number by a regional notification center (USA).

(F) The appropriate permit fee, as determined by the Director of Public Works or his or her designee, shall be sufficient to cover the actual cost impacts.

(G) All work connected with any such permit, including restoration of town property to its original condition, shall conform to the town’s encroachment standards and conditions referenced in the encroachment permit.

(Ord. 683, passed 5-1-2001)

(A) The Director of Public Works may grant a variance from the provisions of this chapter when, because of special circumstances, he or she determines that the application of any such provisions are unnecessary and inappropriate or impose an undue hardship on the applicant. A variance shall be granted only upon written application to the Public Works Department, setting forth the circumstances justifying the same.

(B) The Director of Public Works shall not grant a variance authorizing the encroachment upon a town street of any building other than a carport or garage.

(Ord. 683, passed 5-1-2001)

(A) Any person, firm or corporation, or agent or employee thereof, who does any act not in conformance with the requirements of §§ 12.24.100 through 12.24.120 shall be guilty of an infraction.

(B) The person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by the person, firm or corporation.

(C) For each offense, a fine not exceeding $100 will be imposed for the first violation, by a fee not exceeding $200 for the second violation and by a fine not exceeding $500 for each additional violation within one year.

(Ord. 683, passed 5-1-2001)

Any decision made by the Director of Public Works under this chapter may be appealed to the Town Council. Appeals shall be addressed to the Town Council, in writing, and shall state the basis of the appeal. Appeals shall be filed in the office of the Clerk not later than 5:00 p.m. on the tenth calendar day following the date of the action from which an appeal is taken. Appeals shall be accompanied by the applicable filing fee as specified by resolution adopted by the Town Council.

(Ord. 683, passed 5-1-2001)