ARTICLE II. EXCAVATIONS AND OBSTRUCTIONS1

DIVISION 1. PERMITS

27-29 Permit required.

(a)    No person, firm, corporation or city department shall disturb the ground or pavement in any street, sidewalk, curb or tree belt within the city without first obtaining a written permit therefor from the director of public works or his or her designee.

(b)    The applicant for a permit, his or her agent, and the contractor doing the work shall before the issuance of the permit submit the following to the director of public works or his or her designee:

(1)    A permit bond in the amount of five thousand dollars ($5,000.00) guaranteeing compliance with terms and conditions of the article, or a cash deposit in lieu thereof.

(2)    A certificate of insurance affording the following coverage:

General liability: one million dollars ($1,000,000.00);

Bodily injury, per person: one hundred thousand dollars ($100,000.00);

Bodily injury, per occurrence: three hundred thousand dollars ($300,000.00);

Property damage, per occurrence: one hundred thousand dollars ($100,000.00).

This insurance shall include coverage for collapse and underground (CU) hazard, explosions (X) coverage, at the discretion of the director of public works or his or her designee, and contractual liability.

Automobile liability:

Bodily injury, per person: one hundred thousand dollars ($100,000.00);

Bodily injury, per occurrence: three hundred thousand dollars ($300,000.00);

Property damage, per occurrence: one hundred thousand dollars ($100,000.00).

This insurance shall include coverage for owned, nonowned and hired vehicles. The director of public works or his or her designee, at his or her discretion, will accept satisfactory evidence of self-insurance in lieu of the above coverage. The above-referenced insurance shall not be cancelled without thirty (30) days’ written notice to the director of public works or his or her designee.

(3)    An affirmation that he is not delinquent in payments due the city on prior similar work.

(4)    Evidence that he is competent and equipped to do the proposed work.

(5)    A proper permit or license to do the work, if such license or permit is required under the laws of the State or ordinances of the city.

(6)    A satisfactory plan for the subject property and adjacent properties showing existing surface and subsurface conditions including the placement of existing utilities, trees and vital structures such as fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and any other vital equipment as designated by the director of public works or his or her designee.

(7)    A plan for the protection of shade and ornamental trees and the restoration of turf.

(c)    The director of public works or his or her designee reserves the right to withhold issuance of permits when:

(1)    Paving materials are unavailable; or

(2)    A satisfactory traffic, pedestrian, or utility diversion plan cannot be implemented; or

(3)    Unsatisfactory compliance of subsections (b)(1) through (b)(7) of this section.

(d)    Emergencies. Nothing in this article shall be construed to prevent the making of excavations as may be necessary for the preservation of life or property; provided, that the person, firm, corporation, or city department making such excavation shall apply to the director of public works or his or her designee for a permit on the first working day after such excavation is commenced. Even in emergency situations, notice shall be given immediately by phone to the street department, police department, and fire department, and all provisions of this article shall apply to such emergency.

(e)    In the event excavations occur within the so-called drip line of a public street tree, any permit issued by the director of public works or his or her designee must be countersigned by the director of parks and recreation or his or her designee. In addition, nothing in this article shall authorize the director of public works or his or her designee to permit the conversion of any tree belt area from that use to any other use with the exception of driveways without the expressed permission of the parks and recreation commission.

(f)    Where an excavation is for the limited purpose of planting a tree, or erecting a sign, resurfacing a driveway, or other minor disturbance as authorized and approved by the director of public works or his or her designee, within the public right-of-way, including the so-called greenbelt, the director of public works or his or her designee, subject to the approval of the director of parks and recreation or his or her designee, may waive any of the requirements contained in subsection (b) of this section and Sections 27-30(b), (d), (e) and (f).

(g)    Where an excavation is to occur within the Church Street Marketplace District, any permit issued by the director of public works or his or her designee must be countersigned by the executive director of the Church Street Marketplace department, who shall have the authority to specify the time of excavation in a reasonable manner so as to avoid any conflict with planned marketplace district events.

(Ord. of 1-18-82; Ord. of 5-2-83; Ord. of 5-18-20)

27-30 Contents of permit for excavation; fee.

(a)    Application for a street excavation permit or for improvements to unimproved portions of the public right-of-way shall be made on forms furnished by the city.

(b)(1)    The fee for an excavation or improvement permit, payable in advance, is as follows unless otherwise the subject of an express agreement with the city:

a.    An administration and inspection charge of seventy cents ($0.70) per square foot for all excavations anywhere within the right-of-way; plus

b.    A damages charge of ten dollars ($10.00) per square foot of excavation occurring within the paved portion of the right-of-way; plus

c.    A damages charge of one dollar ($1.00) per square foot of excavation occurring within the greenbelt or sidewalk portions of the right-of-way.

The fee shall be based upon information supplied to the director of public works or his or her designee by the excavator at the time of application and as verified by the city inspector. The fee shall be annually adjusted July 1, 1987, and each July 1 thereafter to reflect any change in the consumer price index for that preceding year.

(2)    Whenever a service pipe between a water or sewer main and an owner’s premises is repaired or renewed, the permit fee attributable to excavations from such work shall be cost-allocated as an operating expense of the system and shall be included in the general water and wastewater rates, respectively, and not billed directly to the owner of the premises.

(c)    The fee for excavation or improvement permits may be doubled if work is commenced prior to obtaining a permit. Paying double fees does not waive other penalties. This subsection shall not apply to emergency excavations as defined in section 27-29(d).

(d)    Generally, a permit shall cover only contiguous construction and work performed as one continuous operation, except as otherwise determined by the director of public works or his or her designee. Notwithstanding the preceding sentence, where a continuous and single operation involves separate excavation by a single excavator, no more than two (2) such excavations shall be covered by a single permit, provided such single permit shall be allowed only where the distance between the excavations shall not be greater than twenty (20) feet at their opposite extremities. Additionally, where an operation includes jacking or boring requiring excavation on each side of a public way, only one permit shall be required for such excavations, provided such jacking or boring shall not accommodate a conduit larger in diameter than six (6) inches.

(e)    A permit shall expire for work not started within seven (7) days or completed within thirty (30) days after issuance of a permit, and a new permit shall be required before beginning or completing the work, unless otherwise approved by the director of public works or his or her designee.

(f)    A permit shall contain a commencement date and estimated date of completion. "Completion date," as used in this section, means the date upon which the permanent pavement resurfacing is finished and accepted by the director of public works or his or her designeee.

(g)    (1)    Whenever the city has developed an annual work program for the reconstruction of city streets, the director of public works or his or her designee shall send written notice thereof to all abutting property owners and to all departments, utilities or others which have pipes, wires, cables, conduits or other such facilities beneath the surface of the streets to be reconstructed. Such notice of the annual street reconstruction program shall be sent no later than April 15.

(2)    For the purposes of this section, "street reconstruction" shall mean:

a.    The recycling and relaying of existing material;

b.    The complete removal of old surface material and the laying of new material; or,

c.    Resurfacing of existing surface material with new material in excess of one (1) inch thickness.

(3)    Upon receipt of the notice of the annual street reconstruction program, such person, department or utility shall have not more than sixty (60) days to complete any subsurface work contemplated, or, if an extension of time is needed, shall obtain a subsurface work schedule approved by the director of public works or his or her designee. If an applicant objects to the subsurface work schedule required by the director of public works or his or her designee, the review and approval may be sought from the public works commission.

(4)    If subsurface work is done in accordance with subsections (g)(1) through (g)(3) above, the applicant shall pay only the fee for administration and inspection for that portion of the excavation area which will be reconstructed.

(h)    When sidewalk excavation results in complete replacement by the excavator of the entire length of a city block or city street, or is undertaken so as to replace or improve existing sidewalk along the entire boundary of the abutting property, the applicant shall pay only the administration and inspection fee for such excavation.

(Ord. of 1-18-82; Ord. of 3-19-84; Ord. of 3-10-86; Ord. of 5-18-20)

27-31 Obstructing street or sidewalk prohibited; exception.

(a)    It shall be unlawful for any person, firm or corporation to temporarily obstruct a street or sidewalk without first obtaining a written permit therefor from the director of public works or his or her designee, except as hereinafter provided.

Within the Church Street Marketplace District on any portion of Church Street, College Street, Bank Street, or Cherry Street used for vehicular traffic, the director of public works or his or her designee shall not issue a permit until the executive director of the Church Street Marketplace department approves of such obstruction. In the inner two (2) pedestrian blocks of the marketplace district, the executive director of the Church Street Marketplace department shall have exclusive jurisdiction to issue permits.

(b)    "Obstruction" as used in this section includes, but is not limited to, temporary obstacles and/or barriers which hinder the free and safe passage of pedestrians and vehicles, or which may receive injury or damage, if run over or into by pedestrian or vehicle traffic. "Obstruction" as used in this section, shall not include obstructions associated with excavations, nor shall it include obstacles or barriers placed during the normal and routine maintenance operations conducted by the park department or any public or private utility.

(c)    As a condition of the issuance of a permit, the director of public works or his or her designee, and where appropriate the executive director of the Church Street Marketplace department, may, in his or her discretion and depending on the nature and complexity of the obstruction, require safeguards in addition to those required in Section 27-46 for the protection of vehicular and pedestrian traffic.

(Ord. of 1-18-82; Ord. of 5-2-83; Ord. of 5-18-20)

27-32 Time limit for permit to obstruct street or sidewalk; fee.

(a)    No permit as required by Section 27-31 shall be for longer than sixty (60) days, except as authorized by the city council or, in the case of obstructions within the inner two (2) pedestrian blocks within the Church Street Marketplace District, the Church Street Marketplace District commission. A permit may be extended from week to week by the director of public works or his or her designee, or the executive director of the Church Street Marketplace department, for up to sixty (60) days, as appropriate, subject to the order of the city council or the Church Street Marketplace District commission, as appropriate.

(b)    The fee for a permit for a week or part thereof shall be twenty dollars ($20.00). There shall be an additional fee of five dollars ($5.00) for every additional week of obstruction.

(c)    Applicant for a permit or its agent shall before the issuance of the permit:

(1)    Furnish a certificate of insurance for personal and property damage liability in the amounts of one hundred thousand dollars ($100,000.00)/three hundred thousand dollars ($300,000.00)/one hundred thousand dollars ($100,000.00), and agree to indemnify and hold the city harmless and/or free of liability arising out of said obstruction;

(2)    Show, if required under the laws of the state or ordinances of the city, that he has proper permits or licenses to maintain the obstruction.

(d)    The permittee shall restore or pay for any property damage occurring as a result of the placement of an obstruction.

(e)    For obstructions longer than sixty (60) days, the permit fee shall be one dollar ($1.00) per square foot in the public right-of-way, unless it is for obstructing a metered parking space, then the fee shall be the maximum daily meter rate. Any encumbrance that requires more than one (1) year shall require an annual permit renewal, paying the associated fee annually, unless otherwise determined by the city council; such renewal will be measured on an annual basis beginning from the date of permit issuance.

(Ord. of 1-18-82; Ord. of 5-2-83; Ord. of 5-18-20)

27-33 Obstructing metered parking spaces prohibited; exception.

(a)    No person shall obstruct or use for an extended time a metered parking space without first obtaining a permit from the department of public works or city council. Three (3) types of permits are available: a twelve (12) hour permit, a twenty-four (24) hour permit, and a long-term encumbrance permit.

(b)    Permits for the obstruction of metered parking spaces may be issued for the following purposes only:

(1)    Construction, repair or maintenance work on abutting or nearby properties;

(2)    Loading or unloading goods, people, materials or equipment, or the use of such equipment, on abutting or nearby properties;

(3)    Working in that immediate area of the street;

(4)    The parking of vehicles used for events; or

(5) Any other uses as approved by city council.

The permit and the application for the permit shall state the nature of the obstruction, the purpose of the obstruction, and the time allowed for it to remain or continue. The permit shall specify the number of metered spaces to be obstructed.

(c)    The department of public works shall upon issuance of the permit issue an appropriate number of meter hoods to the applicant for each parking space to be obstructed. Upon the face of each hood shall be indicated in bold face "NO PARKING—TOW AWAY ZONE." The applicant shall place the meter hood over the meter by 6:00 p.m. the preceding day.

(d)    The fee for a twelve (12) hour permit as required herein shall be fifteen dollars ($15.00) per day. The fee for a twenty-four (24) hour permit shall be thirty dollars ($30.00) per day. The long-term encumbrance permit fee shall follow the fee schedule set forth in Section 27-32. The department of public works shall collect the fee.

(e)    Obstruction of a metered parking space without a permit or obstruction of a metered space for uses other than those specified in the permit, or for a time exceeding that allowed by the permit, shall be a violation of this section, punishable as provided in Section 1-9. Each day’s continued violation shall be a separate offense.

(f)    Obstructed metered parking spaces permitted under this section are subject to Burlington parking bans.

(Ord. of 1-18-82; Ord. of 7-30-84; Reg. of 4-13-94; Reg. of 9-15-99; Reg. of 11-12-08(1); Reg. of 3-11-09(2); Reg. of 7-16-14(10), eff. 4-26-17; Ord. of 5-18-20)

27-34 Permits for curb cuts required.

(a)    No curb cut shall be changed or removed and no driveway on or across the public right-of-way shall be repaired or installed without first obtaining a written permit therefor from the director of public works or his or her designee.

(b)    Application for curb cuts and driveway permits shall be made on forms furnished by the department of public works.

(c)    The fee for each curb cut and/or driveway application/permit shall be twenty-five dollars ($25.00).

(Ord. of 1-18-82; Ord. of 5-18-20)

27-35 Cuts to conform with requirements.

(a)    All work under a curb cut and/or driveway permit shall conform to the specifications established by the department of public works.

(b)    All work under subsection (a) of this section shall be subject to inspection by the director of public works or his or her designee during construction and upon completion thereof.

(Ord. of 1-18-82; Ord. of 5-18-20)

27-36 Replacement of curbing.

(a)    Where private property use has been modified so that an existing curb cut is no longer needed or where city ordinances do not permit curb cuts at existing locations the director of public works or his or her designee may require the abutting property owner to replace the curb at their expense within ninety (90) days from the date of notice.

(b)    If, after notice, the abutting property owner fails to comply with the director of public works’ or his or her designee’s order for curb replacement within ninety (90) days, the city may do the work and bill the current property owner for the cost.

(Ord. of 1-18-82; Ord. of 5-18-20)

27-37 Penalties; suspension; revocation.

(a)    Any person, firm or corporation violating any of the provisions of this article shall be fined no less than seventy-five dollars ($75.00) and no more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day on which a violation occurs or continues.

(b)    Any permit issued under this article may be suspended by the city engineer or the issuing authority for violation of the permit or failure to observe city ordinances. Any permit issued pursuant to this article may be revoked after a hearing before the issuing authority. Where necessary for the protection of public safety, the police department, by any of its officers, may order the suspension of work at an excavation, or the removal of an obstruction, and may order the work site secured. Such order or orders shall be effective only until the director of public works or his or her designee has been notified of the activity and has had reasonable opportunity to visit the site to take action for the protection of the public, but in no event shall any order by the police department be effective for a period greater than twenty-four (24) hours.

(c)    Cost of restoration of work suspended or revoked under subsection (a) or (b) of this section shall be paid by the permit holder.

(Ord. of 1-18-82; Ord. of 5-18-20)

27-38 Newsracks; placement and registration.

(a)    Purpose. The purpose of this section is to permit the placement of newsracks while controlling interference with pedestrian and vehicular traffic and danger to the public that could be caused by unregulated placement of newsracks.

(b)    Definitions. As used in this section, the following terms shall have the following meanings:

City: The City of Burlington.

Newsrack: Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and distribution of newspapers or information periodicals.

Parking: The space between the curb or gutter and the streetline on each side of the street, except so much thereof that may be occupied by publicly owned and maintained sidewalks.

Roadway: That portion of a street, improved, designed or ordinarily used for vehicular travel.

Sidewalk: As defined in Section 1-2.

Street: As defined in Section 27-1.

(c)    Newsrack prohibited.

(1)    No person shall install, use or maintain any newsrack or other structure which projects onto, into or over any part or portion of the roadway portion of any public street.

(2)    No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parking, when such installation or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.

(3)    The placement of newsracks on the Church Street Marketplace shall be governed by the regulations of the Church Street Marketplace District commission.

(d)    Registration of location.

(1)    No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parking without first notifying the director of public works of the following:

a.    The location of each newsrack to be installed or maintained in the city by the applicant; and

b.    The name, address and telephone number of the applicant.

(2)    Such notification shall constitute an application for approval by the director of public works. No more than one notification shall be required per applicant, regardless of the number of newsrack the applicant maintains in the city. However, such notification shall be amended by the applicant from time to time as necessary.

(3)    From the above information the director of public works shall designate locations and shall be guided therein solely by the standards and criteria set forth in subsection (e) below. Such application may be granted either in whole or in part when more than one location is proposed by the applicant, and in any event, when denial is solely as to location it shall be without prejudice to amend such application to state a different location or locations.

(e)    Standards for installation, maintenance and operation. Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parking shall comply with the following standards:

(1)    No newsrack shall exceed four (4) feet in height, thirty (30) inches in width, or two (2) feet in depth.

(2)    Newsrack shall be placed only near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than eight (8) inches nor more than eighteen (18) inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6) inches from the wall.

(3)    No newsrack shall be chained, bolted or otherwise attached to any property without the permission of the owner.

(4)    No newsrack shall be chained or otherwise attached to any trees, shrubs or other public amenity.

(5)    Newsracks may be chained or otherwise attached to one another.

(6)    No newsracks shall be placed, installed, used or maintained:

a.    Within five (5) feet of any marked crosswalks or pedestrian push buttons;

b.    Within ten (10) feet of any facility designed for people with disabilities;

c.    Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility;

d.    Within five (5) feet of any driveway;

e.    Within five (5) feet ahead of, and twenty-five (25) feet to the rear of any sign marking a designated bus stop;

f.    Within six (6) feet of any bus bench or bus shelter;

g.    At any location in the Central Business District whereby the clear space for the passageway of pedestrians is reduced to less than seven (7) feet, and at any other location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet; or

h.    On or within twelve (12) inches of any area improved with lawn, flowers, shrubs or trees.

(7)    Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times. Newsracks shall not be maintained as a medium for general advertisements.

(f)    Newsrack identification required. Within sixty (60) days after this section becomes effective, every person or other entity which places or maintains a newsrack on the streets of the city shall have his or its name, address and telephone number affixed thereto in a place where such information may be easily seen.

(g)    Proof of insurance. Every person or other entity which places or maintains a newsrack on a public sidewalk or parking in the city shall provide proof of the director of public works that applicant maintains public liability insurance for personal injury and property damage naming the City of Burlington as an additional insured. Proof shall be in the form of a certificate of insurance from an insurance company authorized to do business in this state, with the provision that such insurance shall be noncancellable except after ten (10) days’ notice to the director of public works. Such public liability insurance shall provide coverage of at least one million dollars ($1,000,000.00) for personal injury to or death of any one or more persons in any one accident, and for damages to property in the amount of at least one hundred thousand dollars ($100,000.00) resulting from any one accident.

(h)    Removal of newsrack.

(1)    The director of public works or his or her designee shall remove any newsrack on any roadway, parking or sidewalk in a location in violation of this section, with notice given to the owner as soon as practical thereafter. Any newsrack interfering with any maintenance or construction or causing a traffic hazard or other hazard shall be removed at once, with notice given to the owner as soon as practical thereafter.

(2)    Empty or abandoned newsracks. Any newsrack which is empty or abandoned for a period of more than ten (10) days shall be removed by the director of the department of public works or his or her designee.

(i)    Severability. The provisions of this section are severable. If any provision of this section or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or application.

(j)    Injunction. Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction. The city attorney may also sue for damages on behalf of the city.

(Ord. of 2-17-98)

27-39 Public health emergencies; temporary suspension of obstruction requirements to accommodate economic stability.

(a)    Purpose. The purpose of this section is to preserve the public health and safety and, in particular, to provide for safer dining, shopping, and recreational opportunities for Burlington residents and to ensure the continued economic vitality of the City of Burlington during a public health emergency. The preservation of public health and safety during an outbreak of infectious disease depends upon continued efforts to minimize the spread of infection by avoiding close contact between individuals. Local businesses may face difficulty avoiding close contact between patrons, keeping their employees safe, and complying with related public health requirements within existing spaces and operations.

(b)    Activation. Either the mayor by declaration or the city council by resolution may activate this section during the period of a public health emergency declared by local, State, or federal officials, and for a period of up to six (6) months after the emergency.

(c)    Department of public works to identify areas, issue permits for expanded business areas.

(1)    Upon activation, the department of public works may identify streets, parking spaces, sidewalks, and greenbelts, and issue permits for the use thereof, to provide areas for businesses to temporarily expand their operations:

a.    To display and market goods outside;

b.    To relocate seating from inside a business to outside or add additional seating;

c.    For the drop-off and pick-up of food, beverages, and goods; and

d.    For other activities consistent with the regular functions of the business.

(2)    Permitting process.

a.    The department of public works will publish program guidelines and a permit application for the use of identified streets, parking spaces, sidewalks, and greenbelts, and to provide additional short-term parking spaces proximate to businesses.

b.    For the department of public works to issue a permit to businesses wishing to use identified streets, parking spaces, sidewalks, and greenbelts to temporarily expand their operations, a business will submit an application to the department of public works which will include at minimum:

1.    Name of business, and detailed contact information;

2.    The specific proposed locations on sidewalks, greenbelts, or public parking spots;

3.    The proposed use and how public health guidelines will be met by the use, including any health and safety plan developed by the business;

4.    Site plans and photographs;

5.    Maintenance and budget plans;

6.    If sought, any plans to enhance barriers or pavement;

7.    If table service will be provided as additional seating capacity beyond previously permitted capacity, a wastewater service permit application to the State of Vermont;

8.    If platforms will be constructed, a construction self-certification checklist;

9.    Whether a tent may be used, and if so, a description of the tent including its size;

10.    Whether alcohol will be dispensed or consumed on public property; and

11.    Proof of necessary licenses and insurance coverages required for the proposed use.

c.    If the department of public works approves an application, a permit under this program will be issued.

d.    Applicants and permit holders must follow all standards set by the city regarding the design, use, and access for any tents, platforms, structures, ramps, or public areas under this program.

e.    Permit holders will post temporary signage and must install proper safety barriers, either in cooperation with the city or independently and following the direction of the department of public works.

(3)    A permit may be denied or suspended under the following circumstances:

a.    If permit applicant fails to fully complete the application or provide requested information to the city, including sufficient information to ensure compliance with State guidance to protect the health of members of the public or the permit applicant’s employees;

b.    If granting the permit would not promote the public health, safety, and welfare;

c.    If granting the permit for the location or extent of space requested would unreasonably limit the ability of neighboring property owners to utilize their property;

d.    If permit applicant requests hours of operation or proposed use that is inconsistent with the character of the neighborhood;

e.    If the permit holder violates any laws or fails to comply with any local, State, or federal orders, directives, regulations, guidance, advisories, and requests from city personnel relating to public health and safety;

f.    If the permit holder discontinues use of the city property; or

g.    If the permit holder breaches any terms and conditions as set forth by the city in the permit application process.

(4)    Affected sections. The following sections of this chapter are suspended or temporarily superseded or amended as follows:

a.    Time limit for and issuance of permit. Section 27-32(a) is suspended and temporarily superseded by the following: "A permit under Section 27-32 may be issued by the department of public works for the length of the public emergency period, or up to six (6) months beyond the end of the declared emergency period." (Remaining parts are preserved.)

b.    Fees. Sections 27-32(b), 27-32(e), 27-33(b), and 27-33(d) are suspended and temporarily superseded by the following: "There shall be no fee for a permit issued pursuant to this section."

c.    Approval. Section 27-33(b)(5) is temporarily amended to delete "as approved by City Council."

(d)    Department of public works to identify areas for short-term parking spaces.

(1)    Upon activation, the department of public works may identify certain parking spaces to provide additional short-term parking spaces proximate to businesses. Designated parking spaces will be proximate to businesses throughout the city as available for short-term pick-up of prior placed orders with a business, occupying a space for up to fifteen (15) minutes at no charge;

(2)    Businesses may contact the department of public works to request that a designated spot be located near their business;

(3)    The location of the designated spots will be determined by the director of public works as authorized by the public works commission; and

(4)    Proper temporary signage will be posted by the department of public works.

(e)    Community and economic development office, Church Street Marketplace department to identify streets for closures for economic stability programs during public health emergencies.

(1)    Upon activation, the community and economic development office, to provide areas for businesses to expand their operations, may identify streets for temporary closure to host evening, one (1) day, or weekend-long on-street outdoor dining and retail opportunities. The Church Street Marketplace department may identify streets within the Church Street Marketplace District for temporary closure for the same purpose. The community and economic development office and the Church Street Marketplace department together will publish program guidelines and a process for businesses to submit requests to have streets proximate to be temporarily closed.

(2)    Authority to close streets for economic stability programs during public health emergencies. After consultation with the department of public works or their designee and the chief of police or their designee, the director of the community and economic development office shall have the authority to close streets or portions of streets to vehicular traffic during and preparatory to any evening, one (1) day, or weekend-long on-street outdoor dining and retail event as part of an economic stability program during a public health emergency. The executive director of the Church Street Marketplace department shall have the authority to close streets within the Church Street Marketplace District for the same purposes.

(3)    A street will not be closed as part of an economic stability program during a public health emergency if the city determines that any of the following circumstances may occur:

a.    If closing the street would not promote the public health, safety, and welfare;

b.    If closing the street would unreasonably limit the ability of neighboring property owners to utilize their property;

c.    If another public event requiring the presence of police officers has been previously scheduled for the time requested, and in the judgment of the chief of police or their designee that additional officers could not be assigned to the street closure event without endangering the public safety and welfare;

d.    If closing the street would result in severe traffic congestion or interfere with the quiet of a neighborhood during normal sleeping hours. For purposes of this subsection, the period between 7:00 a.m. and 8:30 a.m. and between 5:00 p.m. and 7:00 p.m. of any one day shall be regarded as periods of severe traffic congestion; and the period between 9:30 p.m. and 7:00 a.m. the following day shall be regarded as normal sleeping hours;

e.    If closing the street would allow a business to use the street in a manner inconsistent with the character of the neighborhood; or

f.    If closing the street would conflict with scheduled or planned road work, as determined by the director of the department of public works or their designee.

(4)    Notice. The community and economic development office or Church Street Marketplace will provide the public with seven (7) days’ notice of any scheduled street closure as part of an economic stability program during public health emergencies. The community and economic development office and Church Street Marketplace will cooperate with the department of public works to ensure that signage is properly posted at the site of the planned street closure forty-eight (48) hours prior to any closure.

(Ord. of 6-15-20)

27-40—27-45 Reserved.

DIVISION 2. GENERALLY

27-46 Protective measures.

(a)    Every person, firm, corporation or department making an excavation or obstruction within the public way under a permit granted under this article must at all times maintain a railing around the excavation or obstruction site for so long as the same shall be unsafe or inconvenient for travel. The permittee shall in addition keep a suitable number of lights affixed to such railing or fence so as to provide adequate warning to approaching motorists or pedestrians of the excavation or obstruction.

(b)    The permittee(s) shall take appropriate measures to assure while an excavation or obstruction remains and during the performance of excavation work and until said work is accepted by the superintendent of streets or his designee, that traffic conditions shall be maintained as near normal as possible at all times so as to minimize inconvenience to the occupants of the adjoining property and the general public.

(c)    The superintendent of streets may require that the permittee(s) prepare a traffic-control plan in detail appropriate to the complexity of the work. Said traffic-control plan shall contain the following information:

(1)    Approval of the chief of police or his designee;

(2)    Approval of the chief of the fire department or his designee;

(3)    Approval of the superintendent of the traffic department or his designee;

(4)    Adequate warning, delineation and channelization by means of proper pavement markings, signing and use of other devices which are effective under varying conditions of light and weather to assure the motorist of positive guidance in advance of and through the work area;

(5)    Flagging procedures, if necessary, to control vehicular and pedestrian traffic;

(6)    Identification, and if necessary, the removal of inappropriate markings to eliminate any misleading cues to motorists under all conditions of light and weather;

(7)    Identification of what provisions, if any, will be made for the safe operation of work vehicles, particularly on high speed, high volume streets;

(8)    Estimated commencement date of excavation and/or obstruction and estimated date of completion of excavation and/or removal of obstruction.

(d)    Notwithstanding any requirements provided for under this section, every permittee shall comply with the standards set forth in the Manual of Uniform Traffic-Control Devices as adopted by the state.

(Ord. of 1-18-82)

27-47 Method of excavation.

(a)    All excavations shall be performed in compliance with the standards adopted by the Vermont Occupational Safety and Health Administration, as such standards may be adopted, revised and amended hereafter. In addition, bracing and sheeting shall be utilized where necessary to preserve and protect adjacent structures and areas. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, the superintendent of streets shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.

(b)    The permittee(s) shall not interfere with any existing public and/or private utilities without the written consent of the superintendent of streets and owner of the utility. In the event the utility is city owned and operated the permittee’s shall secure the written consent of the superintendent of the affected utility department. If it becomes necessary to relocate an existing utility this shall be done by the owner of the utility, and the permittee prior to the commencement of relocation, shall pay to the utility the estimated cost thereof.

(c)    The permittee shall inform itself as to the existence and location of all underground utilities, trees and tree roots, and protect the same against damage. In the event any pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee(s) shall promptly notify the owner thereof. All damaged facilities shall be repaired by the owner or city department operating them, and the permittee shall pay for the expense of such repairs. It is the intent of this section that permittee(s) shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage. Such assumption of liability is a contractual obligation of the permittee, and the permittee shall save harmless the city from any actions arising as a result of such damage.

(d)    In the event excavation takes place within the so-called drip line of any public or private tree, the permittee shall protect said tree(s) in accordance with the directions of the superintendent of parks and recreation or his designated representative. The moving of any tree specifically to permit the construction of any driveway, curb-cut or utility installation shall not take place without the permission of the superintendent of parks and recreation. The permanent removal of any tree shall not take place without the permission of the parks and recreation commission in accordance with its regulations and the laws of the state concerning public trees. In any event any public tree is damaged, moved or removed, the repair, moving or removal and replacement shall be done in accordance with the provisions of the parks and recreation commission and the cost thereof shall be borne by the permittee.

(Ord. of 1-18-82)

27-48 Refilling excavation.

(a)    Where a permit has been issued, the permittee(s) shall notify the superintendent of streets or his designee of the time and date when it will commence the backfilling of the excavations pursuant to the permit. Where no permit has been issued pursuant to subsection 27-29(d) because of an emergency situation, the excavator shall nonetheless likewise notify the superintendent or his designee of the time and date of backfilling. Unless otherwise waived by the superintendent, the superintendent of streets or his designee will be present to monitor the backfilling for the purposes of ascertaining whether the backfill material is proper and adequately compacted. In the event the inspecting official determines that the permittee is not using acceptable backfill materials or acceptable backfilling procedures, he may order the suspension of all work at the site. The superintendent of streets or his designee may require the permittee(s) to furnish a soil test by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics in order to determine whether the backfill for the excavation was adequately compacted. All expense of such tests shall be borne by the permittee.

(b)    In order for resurfacing to commence, such test must demonstrate that the backfill material meets the requirements for composition and compaction as prescribed by the board of street commissioners.

(c)    All backfilling shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation.

(d)    The permittee(s) shall establish grass by sodding or seeding at the discretion of the superintendent of streets. Where existing topsoil is deemed of insufficient quality the superintendent of streets may require that new topsoil be used to replace the top six (6) inches. The superintendent shall require that either seeding or sodding be used to establish turf in accordance with specifications approved by the parks and recreation commission.

(Ord. of 1-18-82)

27-49 Resurfacing; defects.

(a)    Unless otherwise stipulated in the permit, all pavement resurfacing after excavation shall be done by the city, including all necessary placement of temporary pavement. The city shall make a charge for such work according to a schedule of costs established by the superintendent of streets, copies of which schedule shall be kept on file with the city clerk, as revised from time to time. The permittee’s shall pay in advance the estimated charge. Any difference shall be corrected after work is completed.

(b)    The permittee shall remedy any defects due to faulty materials or workmanship and pay for any damage(s) resulting therefrom which shall appear within a period of three (3) years from the date of completion as defined in subsection (c), and in accordance with the terms of the permit.

(c)    For the purposes of this section, date of completion is the date upon which permanent pavement resurfacing is finished and accepted by the superintendent of streets, whether such resurfacing is undertaken by the street department or by the permittee pursuant to stipulations in the permit.

(Ord. of 1-18-82; Ord. of 6-26-95)

27-50 Restoration of right-of-way.

(a)    Restoration of the public right-of-way following any activity provided for under this article shall be completed by the permittee within a time period established by the superintendent of streets or his designee and according to specifications adopted by the street and park and recreation departments and on file at the street department.

(b)    Work not completed to the satisfaction of the superintendent of streets within the time period established will be completed by the street department at the expense of the permittee.

(Ord. of 1-18-82)

27-51 Cost reimbursement.

The superintendent of streets shall send the permittee an itemized statement of all charges for all labor and materials furnished by the street department. Charges not paid in full within thirty (30) days of the date of such statement shall be collected from the bond where appropriate or turned over to the city attorney’s office for collection.

(Ord. of 1-18-82)

27-52 Disclaimer.

The granting of a permit or the monitoring of operations conducted under any permit shall not make the superintendent of streets or his designee responsible for construction means, methods, techniques, sequences, procedures or permittee’s failure to perform the work in accordance with the standards and specifications set forth in the Manual of Uniform Traffic-Control Devices, nor shall any approval granted by any city official under section 27-46 make any such official responsible for any personal injury or property damage occurring as a result of the permittee’s operations.

(Ord. of 1-18-82)

27-53—27-62 Reserved.


1

Editor’s note—An ordinance of Jan. 18, 1982, amended Ch. 27, Art. II, in its entirety to read as herein set out in Div. 1, §§ 27-19—27-37 and Div. 2, §§ 27-46—27-52. Prior to amendment, Art. II, §§ 27-29—27-39 and 27-42—27-50, derived from Rev. Ords. 1962, §§ 4201—4205 and 4212; 1969 Cum. Supp., § 4201 and an ordinance of March 29, 1978, § 7.

Cross reference—Motor vehicles and traffic, Ch. 20.