(a) A permit or consent that is initially presumed to be granted to occupy or use the right-of-way is subject to any conditions or limitations set forth in the permit; and, shall not confer any exclusive right, privilege, license or franchise to occupy or use the right-of-way of the City to operate a system for delivery of services or any other purposes; and, shall not convey any right, title or interest in the right-of-way.
(b) Facilities shall be constructed, reconstructed and excavated in accordance with all applicable federal, State and local codes, rules, regulations and technical codes including, but not limited to, the National Electrical Safety Code.
(c) Each permittee shall maintain its system or facilities in good and safe condition and in a manner that complies with all applicable federal, State and local requirements.
(d) No permittee may locate or maintain its facilities so as to unreasonably interfere, as determined by the Director of Public Service, with the use of the right-of-way by the City, the general public or other persons authorized to use, occupy or be present in or upon the right-of-way. All such facilities shall be moved by the service provider, temporarily or permanently, as determined by and at the direction of the Director of Public Service.
(e) To the extent reasonably possible, all facilities shall be constructed or reconstructed in the manner resulting in the least amount of damage and disruption of the right-of-way.
(f) No permittee shall take any action or permit any action to be done which may impair or damage any City property, right-of-way, other ways or other public or private property located in, or on properties adjacent thereto.
(g) The permittee shall maintain a copy of the permit and approved plans at the work site, which shall be made available for inspection by the Director of Public Service whenever work is occurring.
(h) Safety.
(1) During the excavation and prior to completing construction, the permittee shall provide suitable barriers, warning devices and/or lights, all of which shall be in accordance with the Director of Public Service's direction.
A. If the Director of Public Service determines any safety measure is insufficient and a flagman is required, the service provider or permittee shall provide the Director of Public Service with evidence that a flagman will be on duty to direct traffic at times when the Director of Public Service deems necessary or appropriate.
B. Additional requirements for lane obstructions and street closings are addressed in Section 301.10.
(2) Each permittee shall take all precautions necessary to avoid injury to persons or property by reason of the work conducted in the right-of-way, and shall hold the City harmless from any loss, injury or expense resulting from or in any manner due to the work conducted in the right-of-way.
(i) Compliance with Permit.
(1) All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities.
(2) The Director of Public Service shall have access to the work and such further information as may be required to ensure compliance with such requirements.
(3) Field changes may be approved by the Director of Public Service if such changes are determined to be necessary due to site conditions or other changed circumstances.
(4) Noncomplying work shall, upon an order of the Director of Public Service immediately cease and be immediately removed and/or corrected by the permittee.
(j) Duties upon Completion of the Work.
(1) Duty to provide drawings. Within forty-five (45) days after completion, the permittee shall provide the City with two (2) complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all facilities constructed pursuant to the Permit. If required by the City, the plans shall be submitted in a digital format compatible with the City's computer software.
(2) Site restoration; Duties upon completion of work; On-going duties.
A. Upon completion of any construction work, the permittee shall promptly repair any and all rights-of-way, property improvements, fixtures, structures and facilities which were damaged during the course of construction, and restore them as nearly as practicable to their prior condition.
B. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with above-ground facilities. However, the permittee is not required to restore unauthorized gardens, structures or other materials that were previously in the right-of-way.
C. All restoration work within the right-of-way shall be done in accordance with landscape plans approved by the Director of Public Service.
D. When a permittee does any construction, reconstruction, excavation, routine maintenance, emergency work or any other work in or affecting any right-of-way or City property, it shall, after the work is completed and at its own expense, promptly remove any obstructions from and restore such ways or property, within ten (10) to sixty (60) days, at the Director of Public Service's discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the City.
E. If weather or other conditions prevent the complete restoration required by this Section, the permittee shall temporarily restore the affected ways or property as reasonably directed by the Director of Public Service, at the permittee's sole expense. The permittee shall promptly undertake and complete the required permanent restoration when weather or other conditions no longer prevent permanent restoration.
If the permittee does not timely complete the required temporary or permanent restoration as directed by the Director of Public Service, the City may complete the restoration at the other party's expense and may draw upon the permit fee, cash deposit, bond, letter of credit or other instrument to reimburse the City for its costs incurred in performing the restoration.
F. Maintenance of Landscaping or other Aesthetic Requirements. Any permittee with a permit that includes a landscaping, screening and/or other aesthetic requirement in connection with the placement of any structure or item above the ground in the right-of-way, shall maintain the landscaping, screening and/or other aesthetic requirement, on a continuing basis, in the manner specified in the permit or other manner as approved in writing by the Director of Public Service.
(Ord. 2019-55. Passed 6-3-19.)