Ga. Comp. R. & Regs. R. 672-14-.05 - Conditions Governing a Vegetation Management Permit

(1) The Vegetation Management Permit authorizes one or more of the following actions:

(a) Vegetation within the viewing zone shall be selectively removed, pruned or trimmed, in accordance with good landscaping practices pursuant to O.C.G.A. § 32-6-75.3 and all requirements set forth in the Department's Manual of Guidance, to allow viewing within the defined viewing zone.

(2) The Department shall:

(a) Require that the Permittee furnish the Department with a certificate indicating that the work has been completed in accordance with the Department's standards and Manual of Guidance. Upon receipt of such certificate, the District Engineer or designee will inspect the work site. If all work provided for and contemplated by the vegetation management plans as approved by the Department is found to be satisfactorily completed, the Department will notify the applicant in writing of such acceptance.

(b) Evaluate each application for a permit and require that as a condition of granting any permit a Contributory Value fee be paid. The Contributory Value fee shall be the Department's appraised value of the trees or other vegetation to be trimmed or removed within the viewing zone. A credit voucher representing the Department's determination of the dollar value of the benefit to the State for certified removal of expired-permit signs and legally-permitted non-conforming signs by the applicant may be used to offset the Contributory Value fee.

(3) The Permittee shall furnish the Department a performance and payment bond commensurate to ensure the completion of the project in the form of a certified check, cashiers' check or bank money order or a performance and payment bond on forms with sureties acceptable to the Department which will be required to run concurrently with the permit. Such bonds shall be subject to forfeiture to the Department in the event of a violation of these regulations or upon failure of the applicant to leave the work site in a condition acceptable to the Department.

(4) The Permittee shall hold the Department harmless against any and all loss, cost, damage, claim, expense of liability whatsoever because of accident or injury to persons or property of others occurring in connection with the performance of services under this Contract.

(5) The applicant, its agents, servants, officers, employees and contractors are required to meet all current GDOT minimum coverages for commercial general liability insurance, commercial automobile insurance, and worker's compensation insurance. A Certificate of Insurance demonstrating proof of these coverage's and naming the State of Georgia as an additional insured must be received by the Department prior to any work being performed at the Viewing Zone site:

(6) All drivers of project equipment must possess a valid license for the type of vehicle being driven.

(7) The Department is authorized to promulgate specifications and guidelines to govern the Department's implementation of the provisions of this Chapter, and to set forth these specifications and guidelines in the Department's Manual of Guidance. Copies of these guidelines shall be provided to applicants upon written request to the Department's Office of Maintenance, 600 West Peachtree Street, N.W., One Georgia Center 10^th Floor, Atlanta, GA 30308.

(8) A release of the applicant's bond is contingent on the applicant's providing the Department with six electronic photographs clearly depicting the completed vegetation management activity within the viewing zone. For signs that must be lowered, verification that the sign has been lowered to 75 feet or less, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, must be provided from a licensed, Professional Engineer or licensed Land Surveyor.

Notes

Ga. Comp. R. & Regs. R. 672-14-.05

O.C.G.A. Secs. 32-2-2, 32-6-90, 50-13-4.

Original Rule entitled "Conditions Governing a Vegetation Management Permit" adopted. F. Nov. 20, 1998; eff. Dec. 10, 1998. Repealed: New Rule of same title adopted. F. May 5, 2004; eff. May 25, 2004. Amended: F. Mar. 19, 2012; eff. Apr. 8, 2012.