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Buckhannon council approves first reading of ordinance to regulate utility excavation in city rights-of-way
Summary
The Buckhannon City Council voted to approve Ordinance No. 478 on first reading, establishing a permitting system, insurance requirements and restoration standards for excavations in city rights-of-way to reduce uncoordinated utility cuts to newly paved streets.
The Buckhannon City Council approved Ordinance No. 478 on first reading May 21, adopting a framework to regulate excavation of public rights-of-way inside the city limits and to require coordination between the city and utilities before disruptive work occurs. City Attorney Thomas J. O'Neill said the measure is "intended to address recurring issues where utilities excavate newly paved streets without coordination," and that permit fees will be set separately by Council.
The ordinance—read by caption for first reading—creates a permitting process, requires insurance and indemnification from excavators, calls for annual coordination meetings with utilities, and sets restoration standards and penalties to improve repair quality. Public Works Director Ethan Crosten told the Council the proposal reflects his operational concerns and would give the city tools to require higher-quality street restoration and advance notice before paving seasons.
Councilmember Robert Zuliani moved to approve Ordinance No. 478 on first reading; Jack Reger seconded the motion and it carried. The vote was recorded as "the motion carried" in the minutes; no roll-call tally was published in the meeting record.
The ordinance follows a model used in Charleston and is intended to reduce repeated cuts to recently paved streets by encouraging coordination, better restoration practices and clear liability requirements. If the ordinance proceeds to second reading and final adoption, the Council will separately adopt the permit fee schedule and enforcement details.
Actions taken at the meeting also included approval of previous meeting minutes, approval of payment of bills, permission for the City to assist Upshur County with installing playground equipment at Pringle Tree Park, and the approval of a packet of building and wiring permits (one abstention by Councilmember Jack Reger on the permits vote). The Council entered and later exited executive session to discuss personnel and property matters, with no decisions announced publicly.
