In this subtitle, the following terms have the meanings indicated. “Department” means the Department of Transportation. “Director” means the Director of Transportation or the Director’s designee. “Excavation” means any work for or in connection with the installation, improvement, maintenance, or repair of any facilities that:involves the displacement or removal of materials; and is performed in or below the surface of a public way. “Facilities” means any equipment or other property that is located or proposed to be located in a public way. “Facilities” includes access holes, cables, cabinets, ducts, conduits, converters, drains, handholds, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, valves, vaults, wires, or other appurtenances or property. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person”also includes a governmental entity or an instrumentality or unit of a governmental entity. “Public way” means the entire area within the boundary lines of any public street, alley, sidewalk, footway, or other right-of-way, whether acquired by purchase, grant, dedication, or otherwise. “Street-cut permit” means any permit required by or issued under this subtitle. “Utility” means any person that owns or operates facilities used to provide electrical, gas, steam, water, sewer, telecommunications, information, video, or other services to customers. Ord. 06-245 Ord. 15-435 Ord. 22-125

This subtitle applies to any excavation on or in a public way by or on behalf of any public or private utility or any other person. The requirements of this subtitle are in addition to any other law, rule, regulation, or standard applicable to excavations, construction, maintenance, repair, or other work in a public way. Other applicable requirements include:obtaining and complying with the terms of any required franchise, minor privilege permit, developer’s agreement, right of entry, or similar authority; and notifying the City’s One-Call System contractor for the marking of facilities, as required by the State Public Utility Companies Article, Title 12, Subtitle 1. The issuance of a street-cut permit does not give any person any property right in or to the use of a public way. All permits issued and held under this subtitle are subject to the superior right of the City to control the use of public ways and to ensure the safe and orderly movement of traffic. Ord. 06-245

The Department of Transportation is responsible for administering and enforcing this subtitle. Ord. 06-245 Ord. 15-435

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department of Transportation shall adopt rules and regulations to carry out this subtitle. These rules and regulations shall incorporate standards set by the Department to govern:backfilling, repaving, and repair specifications; traffic control; work hours; lighting, fencing, and covering of work areas; and incidental related matters. These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle. Ord. 06-245 Ord. 15-435 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.