The City will charge a fee per application to help recoup ...



City of LynchburgVirginiaRight-of-Way PermitsProcedures, City Code Sections, Exhibits and Fee Schedule. (Revised, August 2020)2021RIGHT-OF-WAY PERMITS PROCEDURE:Under City Code sections 25-212 and 35-12 work in City Right-of-Way requires a permit from the Engineering Department and payment of a fee set by the City Manager. Violation of this Code section is a Class IV misdemeanor. Following is a list of activities to be permitted and the required submittals for those proposed activities prior to receiving a permit. Merchants / Businesses / Vendors (all areas in the Right-of-Way other than on sidewalks and walkways) - PermitsDisplay and/or Sale of Merchandise/signs (i.e. sandwich boards) and beautificationsFood Stands or TruckSigns or other appendages of a building projection over, streets, alleys or other public propertySubmit:Right-of-Way Permit Application Comply with Exhibit ASign Exhibit IPayment of Fee per Schedule Temporary UsesStorage/Pods/Staging Equipment/ScaffoldingDumpstersOver Head or any other encroachment not listed aboveSubmit:Right-of-Way Permit Application Comply with Exhibit BSign Exhibit IPayment of Fee per ScheduleSketch of proposed activity Restaurants / Lounging / Cafés/ Other - any objects or merchandise placed on a sidewalk or City walkFood Stands or Tables/Chairs/Etc.Display and/or Sale of Merchandise/signs (i.e. sandwich boards) and beautificationsCont. pg. 1Submit:Right-of-Way Permit Application Comply with Exhibit CSign Exhibit IPayment of Fee per ScheduleDimensioned drawing adequately locating proposed activity Maintenance of TrafficWork ZonesSidewalk ClosuresDriveway PermitSubmit:Right-of-Way Permit Application Comply with Exhibit DSign Exhibit IPayment of Fee per ScheduleDetailed drawing of proposed work including Virginia Work Area Protection Manual (VWAPM) section(s) (may be required to be sealed by PE). Small Cell Facilities Submit:Right-of-Way Permit Application Comply with Exhibit ESign Exhibit IPayment of Fee per ScheduleDetailed drawing of proposed work including VWAPM section(s) (may be required to be sealed by PE). Dumpster (Waste Containers) Submit: Right-of-Way Permit ApplicationComply with Exhibit FSign Exhibit IPay of Fee per ScheduleEngineeringPermit Fee ScheduleR-O-W Permits – Categories Fee Unit NotesMerchants/Businesses/Vendors – ALL areas in the Right-of-Way (i.e. sandwich boards) and beautifications on City Right-of-Way (See Exhibit A)Display and/or Sale of Merchandise/signs (i.e. sandwich boards) and beautificationson City Right-of-Way$5 Per Sq. Ft./Year Exp. Dec. 31Food Stands or Truck – One day $30 Per Day N/AFood Stands or Trucks – per space/ 8 hours per day $50 Each/Year Exp. Dec. 31Signs or other appendages of a building projection over sidewalks, streets, alleys orother public property (one-time fee).$30 One-Time Fee N/ARight-of-Way Temporary Usage Permit – Engineering Department to determine if any particular temporary use will be allowed on the Bluff Walk(See Exhibit B)Storage/Pods/Staging Equipment/Scaffolding – Fee expected 30 days from purchase.Fee of $100 per 30 days thereafter$30$100First 30 DaysOver 30 DaysN/ADumpster - $50 first 30 days, $100 ever 30 days thereafter $50$100First 30 DaysOver 30 DaysN/AOverhead or any other encroachment not listed above - $50.00 first 30 days, $100every 30 days thereafter$50$100First 30 DaysOver 30 DaysN/ARestaurants/Lounges/Cafés/Other – Any objects or merchandise placed on a sidewalk or other walking areas (See Exhibit C)Display and/or Sale of Merchandise/signs (i.e. sandwich boards) and beautificationson City Right-of-Way$5 Per Sq. Ft./Year Exp. Dec. 31Food Stands or Tables/Chairs/Etc. $5 Per Sq. Ft./Year Exp. Dec. 31Maintenance of Traffic Plans (MOT) – (See Exhibit D)Work Zones $100 Every 30 Days Call to extendSidewalk Closures $100 Every 30 DaysCall to extendDriveway Permit $30 Each N/ASmall Cell Facilities Located Within City Right-of-Way (See Exhibit E)SCF Permit Fee $150 EachShared Mobility Devices None 12 Months Exp. Dec. 31Note – Uses permitted under a special events permit are exempt from this fee scheduleCity of Lynchburg Public Right-of-WayApplication for Permit to UseUnder City Code sections 25-212 and 35-12 work in City Right-of-Way requires a permit from the Engineering Department and payment of a fee set by the City Manager. Violation of this Code section is a Class IV misdemeanor. (Please attach work schedule and MOT plan to this application if available).Today's Date Your Name Business/Company Name (if applicable) Business Phone Alt./Mobile Phone Email Address Mailing Address City State & Zip Worksite Location Street Address Description of proposed use of Right-of-Way *Note display of signs must be reviewed by the Engineering Department I _____________ acknowledge that we, the applicant(s), shall furnish the City of Lynchburg a Certificate of Insurance reflecting a general liability limit of at least $1,000,000 naming the City of Lynchburg; its agents and employees as additional insured. The certificate must be approved by the Risk Management Department (455-3815). As a condition of issuance of this permit the permittee shall cause the public Right-of-Way being used to be returned to its existing condition at the time of permit issuance. Should that not be accomplished within 2 days of completion/revocation or termination of the permitted activity, the City will complete the restoration and the permittee agrees to reimburse those costs to the City.In addition to the above the permittee agrees by signing below to abide by the fees and conditions set forth in the attached documents pertaining to the specific type of use being permitted. The undersigned hereby agrees to abide by all City regulations controlling permitted use of the Right-of-Way, and further acknowledges that violation of permit conditions and or City Code will result in the revocation of this permit and the violator being charged with a 4th degree misdemeanor under the Virginia Statutes.Does this use include excavation? Yes ? No ?Name of Project Manager if different than above Sign Here:Today’s Date:EXHIBIT AConditions for issuance of a permit for use of City Right-of-Way for display and sale of merchandise other than on a sidewalk or other walking area:Uses permitted inside special event areas, under special events permits are exempt from this permit process.Vending in residentially zoned areas is prohibited. This use is permitted under B-3, 4 and 5 only.Any permit allowing use of parking spaces or street - no specific parking space will be guaranteed. No permanent location will be assigned to any permitted use on the street right-of- way under this section.Permittee must provide an adequate trash container on or near permitted use for the disposal of waste if waste is generated.All waste generated in conjunction with permitted use shall be cleared from sidewalks and street in vicinity of the use and placed in proper disposal container.Permittee shall abide by all traffic regulations relating to the permitted use (enforced by the City Police Department).Permittee shall abide by all State Health Department regulations (enforced by the State Health Department) if merchandise is food.Permittee shall not sell to patrons in motor vehicles.Permittee shall not have a private vehicle parked for more than thirty (30) minutes in a public parking space for the purpose of restocking.Permittee shall not locate a permitted use in a no parking zone, loading zone nor beside a fire hydrant.No items shall be placed in the Right-of-Way or on the street other than specified on the permit.Permitted uses located in the street are to be positioned next to curbing in a manner so that a patron will not have to stand between permitted use and parked motor vehicle and/or within street.No items shall be placed within three feet of any public area that is improved with flowers, shrubs, trees or other landscaping.When items are displayed in the public Right-of-way, no one shall repair, Cont. pg. 4renovate, paint or otherwise work on such items while they are so displayed.Anyone displaying items in the public Right-of-Way must comply with all of the requirements of Section 35-19.1 of the Lynchburg City Code. A permit allowing the display of items in the public Right-of-Way may be revoked for the failure to comply with any of these conditions. Upon termination, the owner of the items shall promptly remove the items from the public right-of-way at the owner’s cost and expense. If the owner fails to remove the items from the public right-of-way the City shall have the right to do so and charge and collect the costs thereof from the owner.Applications for the placement of a sign in the Right-of-Way must also be reviewed by the Engineering Department.All permits expire December 31 of the year of issuing and must be renewed annually. The applicant is responsible for renewal and notification to the City if there are any changes.The City will charge a fee per application to help recoup the costs of administration and monitoring this permit. The permit fee schedule is attached for the various activities covered.Permittee must provide with the application a copy of a Business License for each location permitted.All applicants shall provide a letter of consent from the property owner at the proposed permit location; agreeing to allow such business to be placed in front of their property. You may not place any items in the Right-of-Way until you receive your permit. A copy of the permit must be attached to the use in the Right-of-Way.REQUIREMENTS TO PLACE ITEMS IN CITY RIGHT-OF-WAY(Food Items Only)1.Applicant must check with the Zoning Officer in Inspections to make sure that area/site is not zoned residential. If commercial, Traffic Engineering must check and approve the site. 2.Obtain Health Department Permit if required.3.Return to Inspections to obtain Zoning Building Approval for Business license form.4.Apply in the Commission of Revenue’s office to obtain business license.5.Give copy of business license to Traffic Engineering.6.Copy of entire packet of information to Risk Management Department*Additional conditions:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________EXHIBIT BConditions for issuance of a permit for temporary use of City Right-of-Way:Any permit allowing use of parking spaces or street - no specific parking space will be guaranteed. No permanent location will be assigned to any permitted use on the street Right-of- Way.It is anticipated dumpster permits will be issued to the owner of the dumpster, not the property owner at the location where it is deployed.All waste generated in conjunction with permitted use shall be cleared from sidewalks and street in vicinity of the use and placed in proper disposal container.Permittee shall abide by all traffic regulations relating to the permitted use (enforced by the City Police Department).Permittee shall not locate a permitted use in a no parking zone, loading zone nor beside a fire hydrant.No items shall be placed in the Right-of-Way or on the street other than specified on the permit.All items placed on a public sidewalk shall be located in such a manner as to leave at least four feet of clear walkway between the item(s) and the edge of the curb or edge of walk. Items that are displayed cannot be of such a size or construction that they could fall and intrude into the four feet of clearance.No items shall be placed within three feet of any public area that is improved with flowers, shrubs, trees or other landscaping.A permit allowing temporary use of the public right-of-way may be revoked for the failure to comply with any of these conditions. Upon termination, the owner of the items shall promptly remove the use from the public Right-of-Way at the owner’s cost and expense. If the owner fails to remove the use from the public right-of-way the City shall have the right to do so and charge and collect the costs thereof from the owner.All permits expiration dates shall appear on the permit. The applicant is responsible for renewal and notification to the City if there are any changes.You may not place any items in the right-of-way until you receive your permit. A copy of the permit must be attached to the use in the Right-of-Way.*Additional conditions:__________________________________________________________________________________________________________________________________________________________________________________________________________________EXHIBIT CPermit for placement of items on sidewalks or other “walking areas” in the City Right-of-WayAll items placed on a public sidewalk shall be located in such a manner as to leave at least four feet of clear walkway between the item(s) and the edge of the curb or edge of walk. Items that are displayed cannot be of such a size or construction that they could fall and intrude into the four feet of clearance.Assigned public spaces may be designated and will only available for use by the assigned vendor or outdoor café. This condition shall be stated as such as part of the permit approval from the City of Lynchburg.A site plan shall be submitted to the City Engineer for the approval of the permit. Specific information regarding the design of site furnishings, signage, plantings, delineators, additional lighting, etc. shall accompany the permit and site plan for approval. It is important to the City that all vendor spaces are appropriate for the public and kept in a neat manner. Vendors not meeting these requirements will be warned of deficiencies and, if uncorrected, may result in forfeiture of the fee and right to a permitted café or vendor space.All applications are subject to recommendation by the Historic Advisory Committee.No vendor or outdoor cafe shall incorporate City property such as chairs, benches or planters. No Vendor shall use City power supplies.Removal of all trash, including food products and waste, in and around the vendor space and routine maintenance, along with snow removal of the space allocated, is the responsibility of the ply with Virginia ABC laws and regulations for alcoholic beverages.See the attached map named “Jefferson Street South and Lower Bluff Walk public spaces for use” denoting the areas available for use in these locations.Additional information can be found in Lynchburg City Code Section 35-19. 1,The City reserves the rights to change the terms of the permitting policy at its discretion.EXHIBIT DPrior to beginning any activity that will block the travel of vehicles (including bicycles) or pedestrians in the City Right-of-Way, a plan prepared according to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) and Virginia Work Area Protection Manual (VWAPM) shall be submitted to and approved by the City Engineering department.Once approved the permit and drawings must be on site and available for inspection by City Engineering staff and Police Department. Upon field inspection of the work by said City staff, failure to produce or to abide by the approved plans will result in a summons written to the responsible entity and an order to cease and desist all activities in the roadway immediately or until proper possession of and compliance with an approved permit (including drawings) is achieved. Failure to comply with City staff instructions may result in additional penalties, civil or criminal, for the individual(s) on the scene. Emergency activities necessary in the City Right-of-Way may be conducted without an approved permit by notifying the City Engineering Department as well as the Police Department (through LYNCOM) of the location and duration of activities prior to beginning work. Every effort to comply with the MUTCD and the VWAPM must be made by the entity responsible for the work.Routine activities being pursued under the guise of emergency activities will be subject to the same penalties described above.Blanket permit may be issued to a contractor based on a specific section of the VWAPM. A fee for each location where the blanket permit is to be utilized is required. The contractor will have to have the blanket permit on site and proof of fee paid. A separate blanket permit will be required for each setup in the WAPM; however multiple setups at a single location can be covered by multiple blanket permits.City Contractors working for any department are required to obtain permits for all work in the Right-of-Way. No fee will be charged when working on valid City projects.Contractors or Utility companies working under the franchise agreement are required to obtain a permit for work in the Right-of-Way. No fee will be charged for these permits. EXHIBIT EApplications to install small cell facilities or facilities in public Right-of-WayPermit applications will be entered into Trakit and processed once the $150 review fee is paid; the review fee is nonrefundable.?Facilities that would be located within historic districts will be automatically flagged in Trakit and assigned as a “restriction review” so staff can evaluate the aesthetic impacts.Staff has 60 days to review the ments will be sent to the applicant via email or they can be reviewed online.If approved, the permit will be issued and standard Right-of-Way permit fees will be applied.If denied, the reasons for the denial will be provided to the applicant via email.?EXHIBIT FApplication to locate a dumpster (waste container) within the public Right-of-WayThe permit application along with the following documentation is required for consideration:Indemnity Agreement.Certificate of Liability InsuranceDiagram of proposed dumpster locationPermit applications will be entered into the City’s Trakit system once all documents have been submitted and the $50.00 fee is paid.Cones are required on edges of container protruding into the City’s Right-of-Way. This is true, even if the container is located within existing parking spaces.Reflective tape is required along the outer edges of the dumpster (side facing traffic in any direction) and attached to the cones.EXIHIBIT IINDEMNITY AGREEMENTIn Consideration of the City of Lynchburg giving the undersigned permission to display, sell or offer for sale within the public right-of-way goods, wares or merchandise, the undersigned agrees to assume the defense of and indemnify and save harmless the City, its employees, officers and agents from and against any and all claims, liabilities, judgements, costs, causes of action, damages and expenses, and to pay all attorney’s fees, court costs and other costs incurred in defending any claims, which may accrue against, be charged to, be recovered from or sought to be recovered frown the city, its employees, officers and agents by reason of or on account of any personal injury, death or damage to property arising from the undersigned’s display, sale or offer of sale of goods, wares or merchandise within the public right-of-way, whether such personal injury or death or damage to property is caused by the acts or omissions or negligence of the undersigned, or the undersigned’s employees and agents or by the acts, omissions of negligence of any other person whatsoever, whether or not such persons are subject to the undersigned's control. The City, its employees, officers and agents shall not have to give the undersigned any specific type of notice of such claims.I have read the above agreement and agree with the terms and conditions:Signature:Date ___________________________CITY CODESec. 35-19.1. Sale and Display of Merchandise or Placement of Items within Public Right-Of-Way in the Downtown Business District. Sec. 35-19.1.Sale and display of merchandise or placement of items within public right-of-way in the downtown business district. (a) In order to help encourage the growth and development of businesses in the downtown business district, a business may apply for an annual permit allowing the business to display goods, wares or merchandise, or to place showcases, menu easels, benches or tables and chairs for customers, signs and similar items within the public right of-way adjacent to the business. (b) Any business in the downtown business district that desires to place items in the public right-of-way shall make written application to the department of public works. The application shall contain the following information: (1) The name, address, and telephone number of the business, (2) A description of and the proposed location of the items, (3) The name, address and telephone number of the person that will be responsible for overseeing the placement and removal of the items in and from the public right-of-way, and (4) Any other information the department of public works decides is necessary to determine if the items can be safely placed in the public right-of-way. (c) If, in the opinion of the department of public works, the proposed items can be located in the public right-of-way without endangering the public safety an annual permit shall be issued allowing the placement of the items in that portion of the public right-of-way that is adjacent to the business submitting the application. Such items shall be located so as not to cause any inconvenience or danger to persons using the public right-of-way or create unsightly conditions. All items placed on a public sidewalk shall be located in such a manner as to leave at least four (4) feet of clearance between the item and edge of the curb. Items shall not be placed within three feet of any public area that is improved with flowers, shrubs, trees or other landscaping. A permit shall state whether or not the items can remain in the public right-of-way for a twenty-four (24) hour period or must be removed at the end of the business day. A business that receives a permit to place items in the public right-of-way shall keep the permit on the premises and shall allow city representatives to inspect the permit during regular business hours. (d) No item placed in the public right-of-way shall be used for the advertisement, display or sale of alcohol or tobacco products or for the consumption of any alcoholic beverage. (e) A permit shall be revoked upon a finding by the department of public works that the items located in the public right-of-way cause any inconvenience or danger to persons using the public right-of-way or create an unsightly condition. A permit may also be revoked if any of the information supplied on the application is discovered to be false or misleading or if the applicant fails to maintain the insurance required in paragraph "f" of this section. Upon notification that its permit has been revoked the business, at its sole expense, shall immediately remove all items from the public right-of-way and restore the right-of-way to its former condition. If a business fails to remove items that were placed in the public right-of-way after having been notified to do so the city may remove such items at the expense of the business. (f) Before placing any items in the public right-of-way the business must execute an agreement holding the city harmless against all claims for personal injury or property damage resulting from the use of the public right-of-way and must furnish the city with a certificate of insurance with general liability and property damage coverage in such amount and form as shall be approved by the City's risk management coordinator. The certificate of insurance shall include the City of Lynchburg, its officers and employees as additional insureds. (g) This section shall not apply to newspaper vending machines and public telephone facilities; however, such items must be located in such a manner so as not to cause any inconvenience or danger to persons using the public right-of way. (h) A violation of this section shall constitute a class 4 misdemeanor, each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. No. O-83-045, § 1, 3-8-83; Ord. No. O-97-083, 5-13- 97) Last updated date: 2/27/2018Sec. 25-212. - Others than official signs prohibited.No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light in imitation of any official sign, marker, signal or light erected under the provisions of this chapter, and no person shall erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial advertising. Nothing in this section shall be construed to prohibit the erection or maintenance of signs, markers or signals bearing thereon the name of an organization which has been authorized to erect the same by city manager as provided by law; nor shall this section be construed to prohibit the erection by contractors or public utility companies of temporary signs approved by the City, as provided by Section 35-12 of the city code, warning motorists that work is in progress on or adjacent to the highway.Any violation of this section shall constitute a class 4 misdemeanor.Sec. 35-12. - Protective devices.When any work is being done on any street, alley, sidewalk or other public way or on structures abutting thereon, which may endanger persons passing thereon or thereby, barriers or other protective devices approved by the transportation engineer or the transportation engineer’s designee, by application for and issuance of a Right-of-Way permit shall be erected and maintained to protect the public against any danger which may be presented to the public by reason of such work. Such barriers and devices shall be so constructed as to provide a light or other illumination during hours of darkness. Fees for Right-of-Way permits shall be set by the city manager. These fees are subject to annual review and revision by the?city manager?Traffic signs and traffic signals and markings placed or erected pursuant to this title shall conform in size, design, and color to those erected for the same purpose by the Department of Transportation.The city transportation engineer may classify, designate, and mark?highways and provide a uniform system of traffic control devices for such highways under the jurisdiction of the city. ?Such system of traffic control devices shall correlate with and, so far as possible, conform to the system adopted in other states.All drivers of vehicles shall obey lawfully erected traffic control devices.No provision of this section relating to the prohibition of disobeying traffic control devices or violating local traffic control devices shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such traffic control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.Any violation of this section shall constitute a class 4 misdemeanor. ................
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