(A) Any right-of-way permit approved by the city shall include reasonable conditions designed to protect the long-term function, safety and structural integrity of the right-of-way, city facilities and utilities within the right-of-way and near-by affected land, and preservation of aesthetic/scenic street views including, but not limited to the following:
(1) Traffic safety measures, flaggers, warning signs, lights and any other measure deemed necessary to protect public safety including limits to time of day or season to limit impacts on pedestrians, vehicular access in the school zone, time-sensitive commerce during harvest, and the like.
(2) Reconstruction, rehabilitation, reinforcement and/or repair of any physical element or support structure of, in or near the public right-of-way that may be affected or need to be altered to accommodate the use.
(3) Measures necessary to maintain property operation and integrity of utilities within the right-of-way before, during and after the applicant’s use of the right-of-way.
(4) The posting of a financial guarantee, in a form approved by the city attorney in an amount approved by the city engineer, sufficient to reconstruct, rehabilitate or repair any physical element or support structure in or near the public right-of-way following the use.
(5) Indemnification of the City of Banks for any claim arising from property damage, injury or death resulting from any activity by the permittee.
(6) The temporary movement of poles, utility lines or other existing structures or facilities within or near the public right-of-way that may be affected by the proposed use.
(7) A reduction in the height, profile or other visible aspect of any facility or fixture proposed for the public right-of-way to preserve the aesthetic views or design standards of city streets, especially Main Street.
(8) Any other condition or requirement deemed reasonably necessary to protect the long-term function, safety and structural integrity of the right-of-way and utilities within the right-of-way.
(B) As a condition of permit approval, the city may require an applicant to enter a legally binding and enforceable road use agreement that imposes specific requirements and obligations on the permittee to ensure compliance with the permit and to achieve the objectives of this chapter.
(C) Conditions may take the form of conditions required before the use of the public right-of-way can begin, conditions regulating the proposed use of the right-of-way, and/or conditions to be performed following the use. Conditions shall be performed to the satisfaction of the city engineer or other appropriate responsible city official and shall be completed at the expense of the permit holder. Failure to completely and properly fulfill all conditions of a right-of-way permit may result in cancellation of the permit, may be grounds for revocation of all other Right-of-way Permits or denial of future applications, and may be grounds for initiation of civil or criminal enforcement actions in state or municipal court.
(D) The city may issue or amend from time to time seasonal weight restrictions on some city streets as deemed necessary by the city engineer. The city will consult and coordinate with Washington County in these regulations.
(E) In addition to any other available remedy, the city may enforce requirements of a right-of-way permit in municipal court or Washington County Circuit Court.
(Ord. 2016-08-01, passed 9-13-2016)