(A) Undergrounding facilities. Any new non-replacement facilities or equipment shall be located underground or contained within buildings or on other structures unless prohibited/restricted in accordance with all applicable federal, state, or local laws.
(B) Corridors. The city may assign specific corridors within the public right-of-way, or portion thereof, as may be necessary for each type of facility. All permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facility at issue.
(C) Limitation of space. To protect the health, safety, and welfare of the city or when necessary to protect the public right-of-way and its current use, the city may prohibit public right-of-way users from a particular right-of-way after consideration of the public interest, the public's needs for the particular utility service, the condition of the public right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the public right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(D) Relocation of facilities. A public right-of-way user shall promptly, and at its own expense, with due regard to seasonal working conditions, permanently remove and relocate any facility in the public right-of-way when it is necessary to prevent interference and not merely for the convenience of the city, in connection with:
(1) A present or future city use of the public right-of-way for a public project;
(2) The public health or safety; or
(3) The safety and convenience of travel over the public right-of-way.
The public right-of-way user shall restore any public rights-of-way in accordance with this chapter. A right-of-way user is not required to remove or relocate its facilities from a right-of-way that has been vacated and in favor of a non-governmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user.
(E) Damage to other facilities. Public right-of-way users shall be subject to all restoration requirements provided in this chapter. Every public right-of-way user shall be responsible for the cost of repairing any facility it damages. This provision is intended to include costs for damages to boulevard amenities placed by adjacent property owners (e.g. sprinkler systems, etc.). Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another occasioned by an emergency related to that owner's facilities.
(Ord. 715, passed 5-23-02)