RESOLUTION OF ANC 3F
COMMENTING UPON DEPARTMENT OF PUBLIC WORKS
NOTICE OF PROPOSED RULEMAKING IN D.C. REGISTER OF DEC. 10, 1999 AMENDING
TITLE 24 DCMR TO ADD A NEW CHAPTER 34:
PUBLIC SPACE MANAGEMENT OF EXCAVATION WORK
WHEREAS, frequent, uncoordinated excavations of streets in our neighborhood and throughout the District have caused hazard, annoyance and property losses;
WHEREAS, the District of Columbia Register of Dec. 10, 1999 (Vol. 46, No. 50), publishes notice of proposed rules by the Department of Public Works (DPW) at pages 10064-70;
WHEREAS, DPW proposes to
(a) require "any person owning underground conduit in the public right-of-way"
to file with DPW a two-year excavation plan on the first of April and October
of each year showing all major excavation work to be done over the next
two years,
(b) forbid, reject or disapprove - as a general rule (subject to exceptions)
(i) issuance of a non-emergency excavation permit for work to install
transmission facilities which is not described in a two-year plan for and
aider April 1, 2000,
(ii) applications for excavation permits dated six months or more aider
filing of the owner's last filed two-year plan, and
(iii) applications for excavation of any public right-of-way which
was reconstructed or resurfaced less than five years prior to the date
of the application;
(c) provide for DPW to prepare, and update semiannually, a two-year
resurfacing and reconstruction plan and to submit DPW's plan 120 days before
"undertaking the reconstruction or resurfacing of any block" to every person
that has a current two-year excavation plan on file with DPW;
(d) provide that DPW semiannually coordinate plans of each person having
a two-year excavation plan on file, and require "major work in the same
block within a two-year period" to be "performed by one entity",
(e) require each non-emergency excavation permittee to give at least
20 days notice by mail "to each owner or resident on the block(s) affected
by the excavation and each affected advisory neighborhood commission and
business improvement district;" and
(f) provide that Excavation Permits will become void if excavation
is not commenced within 30 days of the start date set by the Permit;
NOW, THEREFORE, Advisory Neighborhood Commission 3F, at its duly-noticed, regularly scheduled business meeting, on January 10, 1999, with a quorum present, supports adoption by DPW of these PUBLIC SPACE MANAGEMENT OF EXCAVATION WORK regulations.
Adopted by a vote of 6.0.0
/s/ David J. Bardin
/s/ Robert V. Maudlin
Chair
&n bsp; Secretary