21-4.16   Poles and Attachments.
   a.    To the extent possible, permittees shall use existing poles and conduit existing at the time of permitting in installing their facilities.
   b.    Should an existing pole be utilized or should the permittee require electric service on their proposed pole, the permittee must obtain all permits and approval from the owner of the pole prior to the City permit approval. This may include but is not limited to the execution of a pole attachment agreement, approval of all construction drawing and specifications by the applicable agency and the completion of a “power walk” with both the City and the appropriate agency to determine availability of electric service.
   c.    If colocation cannot be achieved, the permittee will be required to submit the number and kind of poles to be erected, the height of each pole, location of each and the purpose for which the poles are to be used.
   d.    All poles or wire holding structures are subject to any applicable, duly adopted regulations regarding location, height, type or other pertinent aspects.
   e.    All transmission and distribution structures, poles, facilities and other lines and equipment installed or erected by permittee under this Subchapter shall be located so as to minimize any interference with the proper use of the right-of-way with the rights and reasonable convenience of property owners whose property adjoins or abuts any affected right-of-way. Subject to applicable codes, overhead drops shall be as close as possible to other utility drops in order to concentrate the drops in as small an area as possible to minimize visual clutter and interference with the use of private property.
   f.    The permittee shall work with the City Engineer on the placement of new poles and associated infrastructure so as to minimize visual clutter and interference with the use of private property. Placement should be as near a property line as possible if conditions permit. Additionally the distance from existing utility poles should be considered in the installation so as to reduce unnecessary clutter in the right-of-way. All pole attachments, including equipment and wires, shall be enclosed and meet the requirement of the owner of the utility pole. Other details of the installation, including size of antennas, equipment boxes, inclusion of equipment within the pole base rather than on the outside of the pole and cabling (if included) shall be presented to the City Engineer at the start of the permitting process.
   g.    The pole should be consistent in color, material and style of existing street light poles in the area where decorative light poles are present (if not wooden poles). Application for new infrastructure shall be in keeping with the character of historic neighborhoods.
   h.    It will be the responsibility of the permittee to contact and coordinate with the adjacent property owner regarding installation of a new pole should the City deem necessary.
   i.    No permittee may erect any pole or facility on any right-of-way or other public places of the City or erect or string any wire or wires on any such pole or facility or change the lines, location or height or make an extension of any such lines, poles or facilities already erected or to be erected in the City, for any of such purposes, without first having obtained from the City Engineer a permit to do so.
   j.    Any pole erected by any permittee must be reasonably straight, of first-class material, neatly shaven and well-painted and shall be so kept at all times.
   k.    Any pole erected by any permittee is required to be erected independent of any and all shade trees or other trees planted by the City or any property owner. No person shall injure, climb such trees or attach wires thereto or saw or break the limbs thereof.
   l.    The City Engineer shall, at all times, reserve and have the authority to cause any and all of such poles to be removed or replaced by other poles of a different character or of a different height; to regulate the height above the ground at which such wires shall be strung; to require the removal of any poles or wires not in use as the public good may require; and shall not be liable for any of the cost or damage occasioned by such changes, and it shall reserve the right and power to regulate and control same and the streets, alleys and public ways over which same shall be constructed. The City Engineer may impose other conditions and terms in addition to and not inconsistent with those herein enumerated. The City Engineer shall also have the right and power to supervise and control the location of any of the poles, wires and appliances in such manner as he/she may deem best. Whenever it shall become necessary to change any of the poles for the improvement of any street, alley, sidewalk or other property, public or private, the City Engineer may order any such person to change the poles and if not done upon notice so to do, the City Engineer may have the poles changed at the cost and expense of any such person. The time in which such change shall be made after receiving notice from the City Engineer shall be specified in such grant or permit.
(Ord. BG2020-19, 8/4/2020)