Streets, Sidewalks, and other Public Areas – Article 2. Street Work

Section 20-13. Permits and Fees.

It is unlawful for any person to cut, alter, mutilate, bore under, or change in any manner for any purpose any paved or travel portion of any street, alley, or easement, or any curb, gutter, catch basin, or any other appurtenance of any street or alley or any sidewalk in the Town or in any way change any existing right-of-way without first obtaining a permit from the Town of Tryon.
No person shall receive a permit from the Town of Tryon without having paid to the Town Clerk a fee of twenty dollars ($20.00) together with any other fees hereinafter required for the particular work involved.
Whenever it is necessary to cut or remove any pavement, walk, drive, or curb and gutter, bore, or excavate in any roadway for purposes of utility cuts, a separate permit shall be required for each cut made, provided that more than one cut may be covered by a single permit if located on a single connected installation of new pipe or conduit. Replacement fees on utility cuts shall be calculated separately for each permit on the basis of the actual cost of replacement and added to the base fee of ten dollars ($10.00) per permit.
Additional permit fees shall be paid to the Town for the construction of walks and driveways by the authorized persons performing the work at the time the base permit is issued, and shall be as follows:
1. Twenty-five cents ($0.25) for each linear foot of walk and/or curb and gutter.
2. Ten dollars ($10.00) for each driveway.
No permits shall be issued to any contractor who shall fail, neglect, or refuse to correct defective work.
The provisions of this Section pertaining to payment of fees shall not apply to employees of a duly organized special assessment district or to employees of franchises.

Section 20-14. Closing of Streets and Restricting Traffic.

When sidewalks, curbing, guttering, draining, paving, or other street or alley improvements are in the course of construction in any street or alley or any public place or highway in the Town, the Town of Tryon shall have the authority to close such street, alley, or other public place against traffic or travel of every character, pedestrian included, for such time as the Town shall deem necessary for the proper protection of the public and security of the improvements. In such an event, traffic may be entirely restricted or limited to definite classes. The portion of such street, alley, or other place to be closed shall be barricaded at the limits in such manner as to indicate to the public that the same is closed, and cards or signs shall be erected at each limit stating that such street or alley is closed. The erection of such barricades and signs shall be deemed sufficient notice to the public.

Section 20-15. Danger Signals.

Any person doing any construction or excavating upon or adjacent to any street, alley, sidewalk, or public ground in the Town shall maintain substantial guard rails and barriers around such work or excavation in such a manner as to protect pedestrians, animals, and vehicles. Such persons shall display and maintain lighted lanterns with red globes, lights, or lighted flares from sundown to sunup during the time such work, excavation, or obstruction exists. Such lanterns, flares, or lights shall be of a type approved by the Town of Tryon and shall be placed on or sufficiently near such place in a number and manner sufficient to warn the traveling public from any direction, and if such obstruction is more than ten (10) feet long, one of such danger signal shall be placed at each end and additional ones spaced along such obstruction not more than twenty (20) feet apart.

Section 20-16. Driving on Closed Streets: Removal of Barricades.

It is unlawful for any person to remove or destroy any barricades or signs erected as provided in this Chapter, or to walk, drive vehicles, or otherwise travel upon any street, alley or other public place closed as provided in this Chapter except as is necessary for the proper construction of improvements thereon.
It is unlawful for any person, except by proper authority to be in possession of any barricade or traffic control device belonging to the Town of Tryon, Oklahoma, or to any lawful governmental entity.

Section 20-17. Placement of Materials: Obstruction of Traffic.

No materials or equipment shall be placed on any sidewalk or roadway unless specifically authorized on the permit issued pursuant to the provisions of this Article, except in that part of the width of such sidewalk or roadway which must be blocked in any case by the work underway, or that part of the width of the roadway which might normally be occupied by standing vehicles. All operations shall be so handled as to provide a minimum hazard to the public and minimum obstruction to traffic. All rubbish, equipment, unused materials, and supplies shall be removed by the contractor before his work is opened to traffic.

Section 20-18. Replacement of Utility Cuts.

In those instances when existing pavements, walk, drive, curb, or gutter within any public way are hereinafter cut or removed by any contractor, or any trench or excavation of any kind shall be made in any public way are hereinafter cut or removed by any contractor, or any trench or excavation of any kind shall be made in any public way, for the installation, removal, alteration, or repair of pipes, wires, conduits, or other facilities, such shall be replaced according to Town specifications by the contractor.

Section 20-19. Landscaping.

Nothing in this Article shall be construed to prohibit landscaping and/or planting of trees, grass, and shrubs in those portions of the public ways not immediately required for purposes of public travel, whether by employees of the Town or by the owners of abutting property; provided, that such work will not interfere with utilities that may be installed in the street or within sight distance at intersections of public ways.

Section 20-20. Required Acts.

It is unlawful for any person to cut, alter, mutilate, or change in any manner for any purpose any paved or traveled portion of any street or alley, or any curb, gutter, catch basin, or any other appurtenances of any street or alley or any sidewalk in the Town or in any way change any existing right of way without having obtained a permit as required by Section 20-13 hereof and having further met the requirements for a Street Works Contractor or a Driveway Contractor as required by this Chapter.

Section 20-21. Insurance as Prerequisite.

No person shall be licensed as a street works contractor or a driveway contractor unless he has deposited with the Town an approved policy of insurance, insuring the Town of Tryon against any claim or for public liability or property damage arising out of any act, omission, or negligence on the part of the contractor to the extent of one hundred thousand dollars (S 100,000.00) for anyone individual or three hundred thousand dollars ($300,000.00) for any group of individuals. The policy shall agree to defend the city in such action filed against it and to pay any judgment rendered against it within the above limits.

Section 20-22. Bond as Prerequisite.

No person be licensed as a street works contractor unless he has posted a bond in the amount of twenty-five thousand dollars ($25,000.00) with the Town Clerk which has been approved by the Board of Trustees. The bond shall be written by a bonding company licensed to do business in the state and conditioned that the person, or his surety, will in the state and conditioned that the person, or his surety, will remove any driveway, curb, guttering, surfacing, sidewalk, or other improvement constructed by him in any public way, not executed in accordance with the specifications hereinafter set forth, and replace same to the satisfaction of the Town to the extent of twenty-five thousand dollars ($25,000.00) within any one (1) year, provided however, that the provisions of this Section relating to bonds shall not apply to Driveway Contractors.

Section 20-23. Exemption.

The provisions of this Section shall not apply to authorized employees or agents of the Town or a special assessment district.

Section 20-24. Standards.

Cutting of curbs, paving, walks, and drives. No curb shall be removed or omitted for a driveway entrance except at such location and at such grades as shall be designated by the Town of Tryon and in accordance with the following provisions, nor

Curb cuts.
1. When any curb or curb and gutter section is removed and is not to be replaced with a similar section, the same shall be replaced, without unreasonable delay, by a complete driveway section. The slab shall be held on the same grade to conform to all provisions as would be required if a complete driveway section was being constructed.
2. When removing the curb or gutter for any purpose that has been constructed as a unit separate from the street surfacing, both curb and gutter shall be removed. When the limit of the section or contraction joint, the curb and gutter shall be removed and replaced to the joint.
3. All such cuts shall be sawed with an approved concrete saw to a depth of not less than one and one-half inches (1 1/2″).
Utility cuts.
1. Prior to the removal of pavement for the installation or repair of subsurface utilities, all sides of the proposed cut shall be sawed with an approved concrete saw to a depth of not less than one and one-half (1 1/2″) inches. Where it is necessary to cut paving for emergency repairs, paving may be removed without sawing, provided any damaged sections of paving are removed prior to making the repairs. After excavators and backfilling have been completed, if it is further necessary to remove additional paving, the sawing process shall be repeated, covering the outer edges of the paving to be replaced.
Sidewalk cuts.
1. Where a sidewalk is to be removed and replaced, a whole section of the sidewalk at the point involved shall be removed and replaced unless the cut is made with a concrete saw.

Section 20-25. Subsurface Utilities and Pipelines.

Where subsurface utilities and/or subsurface pipelines have been constructed across or along streets, alleys, highways, or easements within the Town of Tryon, Oklahoma, it shall be unlawful for any person, firm or corporation to cut or excavate for such subsurface utilities and/or pipelines without first notifying the Town of Tryon, such notification to be a minimum of forty-eight (48) hours, exclusive of weekends and holidays, prior to such cutting or excavation, and without obtaining a permit from the Town of Tryon for such work.
No person, firm, or corporation shall receive a permit from the Town of Tryon without first having paid to the Town Clerk a fee of five dollars ($5.00) therefore, and without having the Town of Tryon locate such subsurface pipelines.
The provisions of this Section pertaining to payment of fees shall not apply to special assessment districts or to any entity holding a franchise with the Town of Tryon.

Section 20-26. Backfill of Trenches.

All trenches excavated across or along any highway, easement, street, or alley shall be backfilled and compacted to the same density, in layers not to exceed six (6) inches in depth, as the existing soil adjacent to the side of the trench, but shall not be less than ninety (90) percent Standard Proctor density provided the excavated materials consist of soil that can be readily compacted at the optimum moisture. If the excavated material consists of a majority of clay or silt and contains an excess of moisture, such excavated material shall be removed from the site of the work and the trench filled with sand. If the backfilling has been completed and the backfill material does not meet the requirements for compaction, all of the material shall be removed and hauled from the job site and trenches refilled with material as specified above.

Section 20-27. Violations: Penalties.

Any person, firm, corporation, or association which violates or refuses to comply with any of the provisions of Chapter 20 of the Tryon Town Code shall be punished by a fine of not more than five hundred dollars ($500.00), not including costs, for each separate offense. Each day that a violation is permitted to exist shall constitute a separate offense.

Town of Tryon