Section 24-3303. OCCUPANCY OF PUBLIC RIGHTS-OF-WAY FOR THE PURPOSE OF ACCESSING MANHOLES  


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    3303.1It shall be unlawful for any person to occupy the public rights-of-way in the roadway for the purpose of accessing a manhole without obtaining a permit issued by the Director.

     

    3303.2A permit may be issued for a term of one (1) day or one (1) year, at the option of the applicant.

     

    3303.3Any person seeking a permit under this section shall submit to the Department an application together with a non-refundable $ 85 application fee. The application may be used to obtain multiple single day permits or renewals of annual permits. The Applicant or Permittee is under a continuous duty to update the application as necessary.

     

    3303.4A person with an approved application on file with the Department may receive a single day permit upon payment of the rental fee and the submittal of a notice of the intent to occupy the public space. The notice shall include the purpose of the work, location of the manhole(s), location of the building or residence to be serviced (if applicable), date work will be performed and a contact name and number for the project. Except as provided in § 3303.11, the notice must be filed at least one (1) working day prior to the date upon which the occupation is to be permitted.

     

    3303.5No permit issued pursuant to this section establishes legal rights to access a manhole that the Permittee may not otherwise legally access.

     

    3303.6The rental fee for a single day permit shall be $ 200.

     

    3303.7The rental fee for an annual permit shall be $ 2,500.

     

    3303.8The rental fees for annual permits shall be paid on the date the permit is issued, and 30 days in advance of the annual permit's expiration date if the permit is to be renewed.

     

    3303.9Any fees paid pursuant to this section may be paid by cash, check or credit card. Checks shall be made payable to the D.C. Treasurer.

     

    3303.10Except as provided in § 3303.11, a person holding an annual permit shall notify the Department, by facsimile, at least one (1) day prior to occupation. The notice shall include the purpose of the work, location of the manhole(s), location of the building or residence to be serviced (if applicable), date work will be performed and a contact name and number for the project.

     

    3303.11Nothing in this section shall be construed to prohibit the restoration of existing service in emergency circumstances where notice is not feasible; provided, that the person obtains a permit, or, if the person holds a valid annual permit, provides notice in accordance with § 3303.10, within one (1) working day after occupation of the public rights-of-way.

     

    3303.12After a Permittee gives notice in accordance with § 3303.4, the Permittee may proceed with occupation unless otherwise directed by the Director.

     

    3303.13No Permittee shall occupy a roadway so as to render the roadway impassable for motor vehicles, unless otherwise stated in writing by the Director.

     

    3303.14Permittees shall adhere to the applicable Traffic Control Plan attached to the permit and all other permit conditions.

     

    3303.15Occupation of the roadway for the purposes of accessing a manhole in High Traffic Volume Routes identified by the Director as an attachment to the permit is allowed only between 6:30 p.m. and 7:00 a.m. and between 9:30 a.m. and 3:30 p.m., weekdays, and all day Saturday and Sunday, unless otherwise stated in writing by the Director.

     

     

authority

Sections IV(A) and V of Reorganization Plan No. 4 of 1983, effective March 2, 1984 (30 DCR 6428 (December 16, 1983)); the Fiscal Year 1997 Budget Support Emergency Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 7-1071 et seq.); and Mayor's Orders 96-8, dated January 31, 1996.

source

Final Rulemaking published at 48 DCR 5375 (June 8, 2001).