Chapter 53

5 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 1 CHAPTER 53 CARE & PROTECTION OF HIGHWAYS § 53101. Definitions. § 53102. Permits: Petty Misdemeanor. § 53103. Permit Terms. § 53104. Cost of Work Supervision. § 53105. Bond May Be Required. § 53106. Notice Demanding Removal. § 53107. Summary Removal. § 53108. Removal by Department. § 53109. Relocation of Permitted Encroachments for Federally Funded Highway/Road Projects. § 53110. Fines Collected from Public Rights-of-Way Violations. § 53101. Definitions. As used in this Chapter (a) Department means the Department of Public Works . (b) Director means the Director of Public Works. (c) Roadway , highway , road , or street (hereinafter 'roadway') means all or any part of the entire width of right of way, whether or not such entire area is actually used by the genera l public for the passage of vehicles and persons. (d) Encroachment means any tower, pole, poleline, p ipe, pipeline, fence, billboard, stand or building, or a ny structure or utility infrastructure not particularly mentioned, which is placed in, under or over any portion of a highway.

le, poleline, p ipe, pipeline, fence, billboard, stand or building, or a ny structure or utility infrastructure not particularly mentioned, which is placed in, under or over any portion of a highway. (e) Betterment means any upgrade to permitted encro achments or permitted temporary encroachments that is not at tributable to a highway construction project, or is made solely for the benefit of and at the election of the utility. Betterment inc ludes, but is not limited to, relocation of aerial facilities undergr ound. (f) Permitted encroachment means the assets or infr astructure of a utility permitted by the Department of Public Works to use public right-of-way. This definition does not appl y to sign permits. COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 2 Permittees, for purposes of this Chapter, are the o wners or lessors of a permitted encroachment. (g) Permitted temporary encroachment means any sign , advertisement or other temporary structure that is permitted by the Department of Public Works to be posted on governme nt of Guam rights-of-way. Temporary Permittees, for purposes of this Chapter, are the owners or lessors of a permitted temporary

s permitted by the Department of Public Works to be posted on governme nt of Guam rights-of-way. Temporary Permittees, for purposes of this Chapter, are the owners or lessors of a permitted temporary encroachment. (h) Utility means the Guam Power Authority, the Gua m Waterworks Authority or their legal successors, and public or legally licensed purveyors of telecommunication ser vices. SOURCE: GC § 10250 added by P.L. 10-40. Amended by P.L. 3 1-085:4 (Sept. 30, 2011). Subsection (c) amended by P.L. 32-091:1 (Nov. 27, 2013). § 53102. Permits: Petty Misdemeanor. (a) The Department may issue written permits, as pr ovided in this Chapter, authorizing the permittee to do any of the following acts: (1) Making an opening or excavation for any purpose in a highway. (2) Place, change or renew an encroachment. (3) Place or display in, under, or over any highway , any kind of advertising sign or device. Any such sign or devic e placed or displayed contrary to the provisions of this Sect ion is a public nuisance, and the Department may immediately remove it. (4) Plant, remove, cut, cut down, injure, or destro y any tree, shrub, plant, or flower growing within any highway.

f this Sect ion is a public nuisance, and the Department may immediately remove it. (4) Plant, remove, cut, cut down, injure, or destro y any tree, shrub, plant, or flower growing within any highway. (5) Place in, under or over any highway, and perfor m routine maintenance and emergency repairs on utility equipm ent and facilities. (b) Any person who does any of the acts specified i n this Section, without the authority of a valid permit, is guilty of a petty misdemeanor. SOURCE: GC § 10251 added by P.L. 10-40. Amended by P.L. 13 -187:96. Subsection (a)(5) added by P.L. 31-085:5 (Sept. 30, 2011). § 53103. Permit Terms. COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 3 Any permit issued under the provisions of this Chap ter shall provide that the permittee will pay the entire expense of r estoring the highway to the department standard for repairs made to a permi tted encroachment, and may provide such other conditions as to the loc ation and the manner in which the work is to be done as the Department f inds reasonably necessary for the protection of the highways.

ncroachment, and may provide such other conditions as to the loc ation and the manner in which the work is to be done as the Department f inds reasonably necessary for the protection of the highways. All p ermits shall provide that they are revocable, for cause, upon thirty (30 ) days’ written notice by the Department. Cause for revocation is the pre sence of any asset of any permittee that is adversely affecting the use, repair, improvement or access to the highway or as specified in § 53107 (b )(c)(d) of this Chapter. All costs of betterments shall be paid by the owner of such infrastructure. The Department shall coordinate with all affected u tilities when planning highway construction, and shall include th e costs of any utility relocations when requesting federal funds in connec tion with such construction. SOURCE: GC § 10252 added by P.L. 10-40. Amended by P.L. 31 -085:6 (Sept. 30, 2011). § 53104. Cost of Work Supervision. The Department may, but is not required to, supervi se any work done under any permit issued under the provisions o f this Chapter, in which event, the permittee shall pay the reasonable cost of such supervision to the Department, except to the extent that

y work done under any permit issued under the provisions o f this Chapter, in which event, the permittee shall pay the reasonable cost of such supervision to the Department, except to the extent that there are federal funds available or accessible for such purposes. SOURCE: GC § 10253 added by P.L. 10-40. Amended by P.L. 31 -085:7 (Sept. 30, 2011). § 53105. Condition for Deposit Fees and/or Bond. (a) All applications for excavation of a roadway sh all have a schedule of work that sets the timeline of construc tion or work events, and deadline when the roadway will be restored to i ts original condition or better. The contractor or public agency shall be required to close the opening and restore the roadway no later than the d ate as specified on the permit, or by the DPW Director. (b) Deposit Fee. COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 4 (1) In addition to the permit application fee, and except as provided herein, any project by a private contracto r or public agency which would require an opening or excavation for an y purpose in a roadway shall be required to provide a deposit fee of no less than Five Hundred Dollars ($500) or no less than

to r or public agency which would require an opening or excavation for an y purpose in a roadway shall be required to provide a deposit fee of no less than Five Hundred Dollars ($500) or no less than five pe rcent (5%) of the total cost of the project impacting the roadway , whichever is greater. (2) No permit shall be granted to a contractor or p ublic agency unless the deposit fee is paid in full or a perform ance bond, provided by a surety company authorized to do busin ess on Guam, guarantees repairs on a single project or multiple projects anticipated to be undertaken over a period of time is provided. (3) The prerequisite for a deposit fee shall not be applicable to government-funded projects that necessitate bond in surance coverage as a stipulation of the project; or for ot her projects for which there is a performance bond, upon such terms and in such amount as may be required by the Department at its discretion. This requirement for a deposit fee shall not preclude th e Department’s condition for a bond, as may be imposed herein. (4) Inspection and Repair. (A) The deposit fee shall be retained by the Depart ment for up to three (3) months from the completion of t he

Department’s condition for a bond, as may be imposed herein. (4) Inspection and Repair. (A) The deposit fee shall be retained by the Depart ment for up to three (3) months from the completion of t he roadway repair, during which time the Department shall cond uct a site inspection of the roadway project area in which the opening or excavation had occurred to ascertain if the repairs were conducted and completed properly in accordance with applicable Federal Highway Administration and Depar tment of Public Works standards. (B) If the roadway area is identified to be insuffi ciently repaired, then the Director shall assess a penalty against the deposit fee or performance bond, exclusive of the r equirement for the contractor or public agency to return and e nsure that proper repair is conducted. On unpaved roadways, 'i nsufficient repair' shall not include degradation, including, b ut not limited to, erosion, weathering, and the impacts of traffic , which would otherwise have been expected in the absence of the excavation in question. COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 5 (C) If the contractor or public agency fails to mak e proper repairs

ected in the absence of the excavation in question. COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 5 (C) If the contractor or public agency fails to mak e proper repairs within fourteen (14) days of notification o f the Department’s findings, the Department is authorized to procure road repair services in accordance with 5 GCA Chapt er 5, § 5213, and 2 GAR Div. 4, § 3111. The Department shal l retain as much of the performance bond or deposit fee as m ay be required to compensate the Department for damages a rising from permittee’s failure to complete satisfactory r oad repair; and the Department may also bring an action in the Superior Court of Guam against the contractor for direct dam ages, if any, beyond the amount of the performance bond or d eposit fee posted. (D) Should the area repaired meet the Department’s standards set forth for the repair of the roadway, the Department shall return the deposit fee in full; ho wever, the permit application fee shall not be returned. The p arty responsible for the roadway repair shall provide a one (1) year warranty on the work that was completed.

he deposit fee in full; ho wever, the permit application fee shall not be returned. The p arty responsible for the roadway repair shall provide a one (1) year warranty on the work that was completed. For unpave d roadways, the warranty requirement shall be for a p eriod of ninety (90) days. (5) In lieu of multiple deposit fees by a public ag ency or contractor to guarantee repair of excavations neede d for recurring maintenance, repairs, and upgrades of its buried fa cilities, the Department may authorize the posting of a performan ce bond to cover multiple excavations in such amount and under such term as the Department deems sufficient to ensure complianc e with this Chapter. In the event of forfeiture of the deposit fee or performance bond, the proceeds shall be deposited in the Public Rights-Of-Way Account of the Territorial Highway Fund for the pur pose of paying for roadway repairs. (c) All proceeds from the deposit fee established b y this Section shall be deposited in the Public Rights-Of-Way Acco unt of the Territorial Highway Fund, and interest derived ther efrom shall remain in the Fund.

ds from the deposit fee established b y this Section shall be deposited in the Public Rights-Of-Way Acco unt of the Territorial Highway Fund, and interest derived ther efrom shall remain in the Fund. Sufficient funds shall be reserved for th e refund of deposits, pursuant to this Section. (d) Emergency Excavations. An emergency excavation may be made without prior permit or deposit if the reason for the excavation is to COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 6 prevent loss of life or damage to property that app ears to be imminent if the excavation is delayed, or to perform critical u nscheduled repairs to remedy unanticipated interruptions to services. In such emergency situations, the contractor or public agency respons ible shall contact the Department on the first working day following the c ommencement of excavation to complete and secure a formal permit. The contractor or public agency responsible shall provide justificati on for the emergency excavation. In the event the Department deems that the excavation was not an emergency, the applicant shall be penalized Five Hundred Dollars ($500) for failure to properly secure a permit prio r

ncy excavation. In the event the Department deems that the excavation was not an emergency, the applicant shall be penalized Five Hundred Dollars ($500) for failure to properly secure a permit prio r to excavating, and will still be required to pay the appropriate fees and deposits. Except for the prior permit requirement, none of the applicati on fee, deposit, bond, or penalty provisions of this Section shall be waiv ed for emergency situations. (e) Before granting a permit under any provision of this Chapter, the Department may require the applicant to file with t he Department a satisfactory bond, payable to the government of Gua m in such amount and term as the Department deems sufficient, condit ioned on the proper compliance by the permittee with the provisions of this Chapter. In the event of forfeiture of the bond, the proceeds shall go to the Public Rights-Of-Way Account of the Territorial Highway Fu nd. (f) Prior to the start of excavation work, the perm ittee shall duly inform the Mayor of the district where the excavati on is to be made, and notify the Mayor upon completion of the roadway res toration.

rior to the start of excavation work, the perm ittee shall duly inform the Mayor of the district where the excavati on is to be made, and notify the Mayor upon completion of the roadway res toration. In the event of emergency excavations, as provided for in Subsection (d), the permittee shall notify the Mayor on the next workin g day. SOURCE: GC § 10254 added by P.L. 10-40. Amended by P.L. 25 :34:5, P.L. 31- 083:2 (Sept. 30, 2011), effective thirty (30) days from date of enactment pursuant to P.L. 31-083:3. Amended by P.L. 32-091:2 (Nov. 27 , 2013). 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 53106. Notice Demanding Removal. Except as otherwise provided in § 53108 of this Cha pter, notice shall be given to the owner, occupant, or person in possession of the encroachment, or to any other person causing or suf fering the en- croachment to exist, by serving upon any such perso n a notice containing a demand for the immediate removal of such encroach ment from within COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 7 such highway.

any such perso n a notice containing a demand for the immediate removal of such encroach ment from within COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 7 such highway. Any such notice shall describe the e ncroachment complained of with reasonable certainty as to its c haracter and location. SOURCE: GC § 10255 added by P.L. 10-40. § 53107. Summary Removal. The Department may immediately remove from any high way any encroachment which: (a) Is not removed prior to the expiration of five days from and after the service of notice. (b) Obstructs or prevents the use of the highway by the public. (c) Consists of refuse. (d) Is an advertising sign of any description. SOURCE: GC § 10256 added by P.L. 10-40. § 53108. Removal by the Department. The Department may remove any encroachment on the f ailure of the owner to comply with the notice provided for in thi s Chapter. The owner shall be liable for all expenses of such removal an d in addition thereto, the sum of Fifty Dollars ($50.00) for each day such encroachment remains after the expiration of five (5) days from the service of the notice.

r all expenses of such removal an d in addition thereto, the sum of Fifty Dollars ($50.00) for each day such encroachment remains after the expiration of five (5) days from the service of the notice. The fines collected shall be deposited in t he Public Rights-Of- Way Account of the Territorial Highway Fund. SOURCE: GC § 10258 added by P.L. 10-40. Amended by P.L. 32 -028:1 (May 10, 2013). § 53109. Relocation of Permitted Encroachments for Federally Funded Highway/Road Projects. Notwithstanding any other provision of law, the cos t to relocate any permitted encroachments as defined in this Chapter shall be paid for by federal funds when authorized by the grantor of fed eral funds pursuant to 5 GCA § 54107, except to the extent the utility is making the request to move their infrastructure, in which case the utilit y shall bear the cost of relocation unless federal funding is available for such purposes. All costs to relocate a temporary permitted encroachmen t shall be paid by the owner of such temporary permitted encroachment. SOURCE: A dded by P.L. 31-085:8 (Sept. 30, 2011). COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 8 § 53110.

e paid by the owner of such temporary permitted encroachment. SOURCE: A dded by P.L. 31-085:8 (Sept. 30, 2011). COL103120145 GCA G OVERNMENT OPERATIONS CH. 53 CARE & PROTECTION OF HIGHWAYS 8 § 53110. Fines Collected from Public Rights-of-Way Violations. All fines generated by this Chapter shall be deposi ted in a special account known as the Public Rights-Of-Way Account o f the Territorial Highway Fund, and any interest derived shall remain in the Fund. The Director of the Department of Public Works is autho rized to use revenues in the Account to purchase equipment and s upplies, pay for roadway repairs, and to procure the services of lic ensed surveyors, as required by the Department to effectively enforce t he public’s compliance with applicable highway care and mainten ance laws. SOURCE: Added by P.L. 32-028:2 (May 10, 2013). Amended b y P.L. 32-091:3 (Nov. 27, 2013). ---------- COL10312014