Section 24-3404. RESTORATION OF THE PUBLIC SPACE AND PUBLIC RIGHTS-OF-WAY

 

3404.1All excavations in the Public Space or Public Rights-of-Way shall be temporarily repaired and permanently restored in the manner and within the time prescribed by this Chapter, the Permit conditions, and the Standard Specifications. In the event of any inconsistency the most stringent requirement shall govern.

 

3404.2No Public Space or Public Right-of-Way permit shall be issued if the Applicant or Owner of the Facilities to be installed is in violation of subsection 3404.1.

 

3404.3All Public Space or Public Right-of-Way shall be permanently restored no later than the expiration of the excavation permit; Provided, however, that if a site is not ready for milling and overlay immediately prior to or during the Winter Months, the new pavement base shall, no later than permit expiration, be covered with an asphalt surface that conforms with the requirements of Section 411 "Temporary Asphalt Concrete" of the Standard Specifications. Permanent restoration of such sites shall be completed no later than the April 15th after the end of the Winter Months in which the asphalt surface was applied over the concrete base.

 

3404.4Excavation sites shall be maintained in a safe and rideable condition at all times. Permittees testing installed Facilities shall temporarily repair the public space immediately after such installation is completed and maintain such temporary repairs until permanent restoration begins.

 

3404.5The Director shall be notified, by facsimile transmission or email, prior to the commencement of permanent restoration work.

 

3404.6Where a Permit authorizes more than 1,200 linear feet of Excavation, no more than 1,200 linear feet may be excavated at one time. Permanent restoration shall be performed and accepted by the Director within each area excavated before further Excavations can be made.

 

3404.7In any case where the Public Space or Public Rights-of-Way is not excavated, temporarily repaired, or permanently restored in the time and manner specified in the Permit, this Chapter, or the Standard Specifications, the Director may order, the Owner or Permittee, as applicable, to commence corrective measures to effect the temporary repair or permanent restoration, as directed, within four (4) hours from the time stated on the order and complete such measures within six (6) hours, or as otherwise established by the Director. The order shall be in writing and sent by facsimile transmission to the Owner or Permittee, as applicable. All work ordered shall commence, beyond mobilization, and be completed within, the required time period unless the work cannot be performed because of unforeseen circumstances or days when work is prohibited as seasonable, as determined by the Director.

 

3404.8By applying for a Permit to Excavate the Public Space or Public Right-of-Way, the Permittee and Owner guarantee that all the permanent restoration work it and any of its agents perform, shall be maintained for two (2) years following its completion and acceptance by the Department. During this 2-year period the Permittee shall, upon, notification from the Director, correct all permanent restoration work to the extent required by the Director. The corrective work shall be completed within three (3) days of the receipt of the notice from the Director, not including days during which work cannot be performed because of unforeseen circumstances or days when work is prohibited as unseasonable, as determined by the Director.

 

3404.9If the Owner or Permittee should fail, neglect, or refuse to comply with an order issued pursuant to subsections 3404.7 or 3404.8, the Director, or his or her agents, may correct, temporarily repair, or permanently restore the Public Space or Public Right-of-Way in such manner as the Director deems appropriate. The Owner or Permittee shall compensate the Director for any direct or indirect costs incurred by the Department in undertaking the work authorized by this section. The Owner or Permittee shall also pay a penalty equal to three (3) times such costs. All penalties and costs may be deducted from the Permittee's deposit pursuant to subsection 3405.3. The Owner or Permittee may be subject to additional enforcement action authorized by law.

 

3404.10The Department's performance of any permanent restoration or repairs authorized by this section shall not relieve the Owner or Permittee from liability for future pavement failures at the Excavation site during the warranty period.

 

source

Final Rulemaking published at 47 DCR 9505 (December 1, 2000); as amended by Final Rulemaking published at 50 DCR 1905 (February 28, 2003).