Right-of-way restoration requirements.

San Antonio City Code § 29-159

in effect

Sec. 29-159. - Right-of-way restoration requirements. (a) The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application for a permit extension. (b) All earth, materials, sidewalks, paving, crossing, or improvements of any kind which are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the director. (c) After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation. The restoration shall be made in accordance with specifications set forth in the UECM and the repair shall endure without failure for the remaining life of the street, as such period is described in this article. (d) In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user that, unless within five (5) days after serving of such notice a satisfactory arrangement can be made for the proper restoration of the right-of-way by the ROW user, the city may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the ROW user, and the ROW user and its surety shall be liable to the city for any and all cost incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty. Nothing contained herein shall limit any other remedies available to the city. (e) If any excavation cannot be back-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel. (f) In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for the remaining life of the street following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse city for pavement restoration costs and the pavement degradation recovery fee as provided for in this article. Additionally, the ROW user in the event of such failure, shall within forty-eight (48) hours of notice from city, repair the subject trench envelope. (g) The "life of the street" guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope. (h) Excavations in streets and/or right-of-way with PCI values of eighty-six (86) or greater shall be deemed one hundred (100) percent loss of pavement life. These excavations require i) Block to block and curb to curb pavement reconstruction, ii) Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the director approves, for all cuts. Specifications are available in the UECM. (i) A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work. (Ord. No. 93319, § 1, 1-25-01)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH29STSI_ARTIVEX_DIV2TESP_S29-159RI-WREREFetched: 10/27/2026