A. Conformance With Applicable Law: No person shall place, construct, own, control, operate, manage, or use any facility in, upon, above, beneath, or across any public right of way without first obtaining all necessary or required permits, agreements, or approvals from the city and all other governmental entities with jurisdiction over the facility or public right of way. All facilities shall be placed, installed or constructed and the right of way restored in accordance with the standard specifications and any applicable special conditions or provisions imposed by the director or the city council. All facilities shall be maintained in compliance with such permits, agreements, or approvals, and all applicable statutes, ordinances, rules, regulations, orders, and decisions issued by any federal, state, or local governmental body, agency, or court.
B. Time, Place And Manner: All facilities shall be located, constructed, operated, and maintained in the time, place and manner that causes the least interference with the public's use of the public rights of way, and the rights or reasonable convenience of property owners who adjoin the public rights of ways, all as determined by and approved by the director.
C. Key Map And Plat Map: Every person subject to this chapter shall cause a key map and detailed plat map showing all facilities to be located in the public rights of way, including the material of construction and horizontal and vertical locations with respect to property lines and grade lines, to be prepared by a registered professional civil engineer and filed in the office of the director prior to the issuance of any permit or approval for installation. Prior to requesting the issuance of a permit for installation of any facility, the key map and detailed improvement plan shall be filed with any other entity that owns, operates, or manages facilities in the affected rights of way, so that such entities may advise the director as to any location, operation, or compatibility problems created by permittee's proposed use of the rights of way.
D. Disclosure: Upon the request of any person who has contracted to perform work on a public right of way, persons subject to this chapter shall provide accurate detailed information regarding the location of their existing and proposed facilities in the public rights of way.
E. Colocation: To the extent feasible, all facilities proposed in the public rights of way shall be installed on/in existing and/or previously approved facilities of other utilities or right of way users, such as underground conduits, utility poles, streetlights or other structures. The requirement that facilities colocate may be waived by the director only when the applicant submits written evidence which: 1) describes in reasonable detail the efforts made by the applicant to obtain from other utilities or right of way users the right to use excess capacity within existing facilities, thereby avoiding the need to construct new facilities, and 2) documents to the satisfaction of the director that either: a) such existing facilities are not available for shared use or b) colocation is technologically infeasible.
F. Undergrounding Required: To the extent feasible, all facilities shall be placed in underground vaults to conceal such facilities from the view of users of the roadway and from adjacent properties. The requirement to place facilities underground may be waived by the director only when evidence is presented demonstrating that due to topography or other physical conditions in the vicinity, it is not technologically feasible to place the facility in an underground vault. In the event the director waives the requirement to place facilities underground, any facilities permitted to be installed aboveground shall comply with the provisions of subsection H of this section.
G. Pole Attachments: Where existing utility poles, streetlights, or other wire holding structures are available for use, the director may require such poles and structures to be used if the director determines that the public convenience would be enhanced by such installation, and the terms of the use are just and reasonable.
H. Installations Aboveground: The location of installations of any aboveground equipment pursuant to a right of way use permit granted pursuant to this chapter, such as amplifiers, electric meters, and cabinet boxes, shall be approved by the director. All aboveground installations shall comply with the following standards:
1. All aboveground facilities, such as overhead drops, shall be placed as close as possible to other utility drops, consistent with all applicable electrical codes.
2. All facilities installed aboveground shall be completely hidden by vegetation or by another barrier or berm that is unobtrusive and aesthetically compatible with the surrounding area so as to shield such facilities from the view of users of the roadway and from adjacent properties. Said landscaping and/or barriers shall be designed and installed by qualified professionals and shall include provisions for proper maintenance and upkeep. The requirement to screen all aboveground facilities may be modified or waived by the director only when evidence is presented demonstrating that such screening interferes with the operation of the facility and is not technologically feasible.
3. To the extent feasible, electrical meters shall be installed on existing power poles or other existing structures within the public rights of way unless such installation is technologically infeasible or poses a danger for utility workers. Written evidence documenting the infeasibility or danger shall accompany any request for exemption from this requirement. For the purposes of this section, "infeasibility" shall be established if the owner of the existing power pole(s) refuses to allow the installation of the proposed electrical meters on the existing poles.
4. In no event shall aboveground facilities be placed in a manner or location which interferes with the ability of the public to use the public rights of way for their primary and intended purpose.
5. All aboveground facilities shall be maintained in good condition and free from graffiti. Any graffiti shall be removed immediately in accordance with the requirements of this code. To ensure compliance with this requirement, the applicant may be required to affix a coded label or marker to its aboveground facilities that identifies the specific facility and sets forth a telephone number that may be called to report any damage, destruction, or graffiti vandalism involving the facility.
6. Aboveground facilities shall be designed to be as unobtrusive and as aesthetically pleasing as possible. Aboveground facilities shall be screened by vegetation or by another barrier or berm that is compatible with the surrounding area. The colors of aboveground facilities shall blend with the surroundings. In no event shall any facility be painted or finished with a shiny or reflective surface. All aboveground facilities installed within a designated geographical area shall be limited to a single equipment cabinet and shall be no greater in volume or dimension, or both, than reasonably necessary to provide the services proposed by applicant. (Ord. 05-O-2462, eff. 3-18-2005)