Title
Proposed Notification Policy for Planned After-Hours Work in the Right-of-Way
Description
Request City Council approval of the proposed notification policy for Planned After-Hours Work in the Right-of-Way.
Report
Summary
The Street Transportation Department was asked to develop a policy to provide notification to residents when work is taking place in the right-of-way during after-hours. Per Phoenix City Code 23-14, approval is needed for work performed during night time hours (7 p.m. to 6 a.m. from May 1 through September 30 and 7 p.m. to 7 a.m. from October 1 through April 30).
As part of the process to develop the proposed policy, staff from the Street Transportation Department (Streets) completed a comprehensive review of all work types performed in public right-of-way (ROW). The majority of work occurs during daytime hours, however some work does take place on nights, weekends and/or holidays due to necessary work-related lane closures or restrictions that would have negative impacts to the traveling public if performed during daytime hours. In recent years, there has been a significant increase in the number of utility, private developer and City projects taking place in the ROW, which has led to additional traffic congestion and adverse impacts to the traveling public. Often, to minimize these disruptions it is necessary to perform planned ROW work during night time hours.
Work Types and Noise Levels
To assist in identifying work types that would impact the development of public notification criteria, Streets staff identified four categories of ROW work:
- Routine maintenance: For Streets, this work includes, but is not limited to filling potholes, repairing sidewalks, performing pavement maintenance activities, conducting street sweeping operations, repairing traffic signals and streetlights, and clearing vegetation and debris from drainage easements.
- Replacement of existing equipment and/or infrastructure: These replacement activities are more significant and would be considered major maintenance functions. For Streets, a sample of these activities includes replacing faded signs, re-striping streets, and replacing traffic signal equipment.
- New installation or construction: The installation of new infrastructure in the ROW is typically captured as a stand-alone capital improvement program (CIP) project, and for Streets this may include: installation of new traffic signals, construction of new waterlines or sanitary sewer lines, construction or widening of roadways, and installation of new sidewalks.
- Emergency work: Emergency work is typically due to accidents, weather-related damage, or infrastructure failure. Examples include: responding to traffic signal malfunctions, restoring damaged or knocked-down infrastructure (signs, streetlights, or signals), repairing water main breaks, repairing significant or critical damage to roadway (concrete and asphalt), and mitigation of flooding concerns or debris in the road.
Staff also reviewed the typical noise levels associated with each work type and developed three distinct categories.
- Minimal Noise: Noise associated with these activities is typically limited to use of non-powered hand tools (shovels / pick axe).
- Moderate Noise: Noise at this level may come from equipment with a higher, but less frequent noise level (vehicle back-up alarms) or a lower, but constant noise level (equipment generator).
- Loud Noise: Activities that have the highest audible impact would include demolition activities (jack hammers and saw-cutting) or pavement repair activities (vibrating roller).
Citizen calls and emails received by Streets that are related to work in the ROW indicate that residents typically are not as concerned about weekend and holiday work performed during daytime work hours. Rather, concerns are more related to work taking place during night time hours.
Proposed New Street Transportation Department Policy
Based on the information above and the responsibility to maintain the public's rights-of-way with the least negative impacts to residents, Streets staff proposes a policy requiring public notification for any planned work that takes place in the ROW if that work: (1) is performed during night time hours, and (2) will involve activities that generate moderate or loud noise levels. For example, pothole repairs typically produce minimal noise and would not require public notification, whereas significant asphalt repair work generates loud noise and would require public notification. This policy would apply to both public and private sector work in the ROW.
Based on citizen feedback, notification would not be required for weekend and/or holiday work if it will take place during daytime work hours. Public involvement and notification for CIP or other planned projects that are not maintenance in nature and happen in the ROW during daytime hours is addressed as part of a separate policy. It should also be noted that all work (except for emergencies) requiring traffic lane restrictions or closures will be in compliance with the City's existing policy concerning the annual moratorium of activities between Thanksgiving and New Year's Day.
To ensure consistency in its application, the proposed policy will be administered by a Deputy Street Transportation Director, who will serve as the single point of authorization for all work performed in the ROW during night time hours. To confirm that night work is necessary, all requests will be thoroughly vetted in coordination with the Streets Right-of-Way Management Section, which reviews and approves any traffic restrictions or closures in the ROW. Only requests that are deemed necessary will be forwarded to the appropriate Council Office for approval, similar to the process currently utilized by the Planning and Development Department.
If a request for night time hours work is approved, Streets staff will issue a permit for the work activity. As a condition of approval, the permittee will be responsible for providing notice to residents, hotels, and hospitals that are within 500 feet of the work location a minimum of 72 hours in advance of the planned work activity. The notification shall include the project location, a brief description of the work, the dates and times work will take place, and the name and phone number of the on-site contact.
All night time hours work permits may be revoked if the City receives complaints about the work that cannot be resolved. It should be noted that if requests for night time hours work are denied or permits are revoked, day time work may have adverse impacts to the traveling public. Streets will work with the appropriate Council Office to discuss such impacts.
The process to consider night time hours work requests includes an application, a review and approval process by the City, and stated conditions for approval of any requests. Staff will utilize this process to develop a recommendation for approval or denial of an application.
Emergency Work
Although emergency work may be permitted under the new policy, advance notification requirements for emergency situations will not apply. The nature of emergency work necessitates an immediate response without an opportunity for advance planning and/or notification. Once the initial emergency is mitigated, the entity performing the work may be required to apply for a permit to continue ROW work during night time hours.
Financial Impact
There is no financial impact to the City.
Concurrence/Previous Council Action
This item was recommended for approval at the Aviation and Transportation Subcommittee meeting on Sept. 24, 2018 by a vote of 3-0.
Public Outreach
As part of the development and refinement of the proposed policy, in addition to the input received from residents, Streets staff met with representatives from the Water Services and Planning and Development departments, utility companies, private developers and City contractors to discuss and solicit input. Their feedback played a key role in developing the proposed policy.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.