(A) General construction standards. No person shall commence or continue with the construction, installation, or operation of any facilities within a public right-of-way except as provided in this section, and consistent with all applicable codes, rules, and regulations.
(B) Construction codes. Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code.
(C) Construction permits. No person shall construct or install any facilities within a public right-of-way without first obtaining a construction permit, and paying any applicable construction permit fee, the amount of which is set by Resolution of the Council. No permit shall be issued for the construction or installation of facilities within a public right-of-way without having first applied for and received a franchise, except in extenuating circumstances and with the city's written permission.
(D) Permit applications. Applications for permits to construct, install or modify facilities within a public right-of-way shall be submitted to the city upon forms to be provided by the city and shall be accompanied by documentation, drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the facilities will be constructed or installed in accordance with all applicable codes, rules and regulations.
(2) That the facilities will be constructed or installed in accordance with the franchise agreement.
(3) The location and route of the facilities, if any, to be installed aboveground or on existing utility poles.
(4) The location and route of all facilities on or in the public rights-of-way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights-of-way. Existing facilities shall be differentiated on the plans from new construction.
(5) The location of all of user's existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights-of-way along the underground route proposed by the applicant. A cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right-of-way.
(6) The methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights-of-way, and description of any improvements that the applicant proposes to temporarily or permanently remove or relocate.
(7) The estimated cost of the work proposed.
(E) Construction schedule. All permit applications shall be accompanied by a written schedule, which shall include a deadline for completion of the work. The schedule shall be subject to approval by the city.
(F) Issuance of permit. If the application is approved, it may be approved subject to any further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the city may deem necessary or appropriate.
(G) Notice of construction. Except in the case of an emergency, the permittee shall notify the city not less than two business days in advance of any excavation or construction in the public rights-of- way.
(H) Compliance with permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city's representatives shall be provided access to the work site and any further information as they may require to insure compliance with the permit and plans or protection of the public right-of-way.
(I) Noncomplying work. Subject to the notice requirements in division (L)(3) below, all work which does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this section, shall be removed at the sole expense of the permittee unless other arrangement is agreed to by the city in writing. The City Administrator is authorized to stop work in order to assure compliance with the provisions of this section.
(J) Completion of construction. The permittee shall promptly complete all construction activities so as to minimize disruption of the public rights-of-way and other public and private property. All construction work within public rights-of-way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an alternate schedule is approved by the city.
(K) As-built drawings. The permittee shall furnish the city with two complete sets of plans drawn to scale and certified to the city as accurately depicting the location of all permittee's facilities constructed pursuant to the permit, one set on paper and the other set in electronic format acceptable to the city, such as Autocad. If requested, these plans shall be submitted to the City Engineer within 60 days of the request, in a format mutually acceptable to the permittee and City Engineer.
(L) Restoration of public rights-of-way and city property.
(1) When a permittee, or any person acting on their behalf, does any work in or affecting any public rights-of-way or city property, they shall, at their own expense, promptly remove any obstructions therefrom and restore the ways or property to good order and condition unless otherwise directed by the City Engineer, or unless otherwise specified by the permit.
(2) If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore and maintain the affected public rights-of-way or property. Temporary restoration is at the permittee's sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent permanent restoration. Any corresponding modification to the construction schedule will be subject to approval by the city.
(3) If the permittee fails to restore rights-of-way or property to good order and condition, the city shall give the permittee written notice and provide the permittee a reasonable period of time, generally not exceeding 30 days, to restore the public rights-of-way or other city-owned property. If the permittee fails thereafter to restore the public rights-of-way or other city-owned property to good order and condition, the city may cause the restoration to be made at the expense of the permittee, and the permittee shall reimburse the city for such costs, including all labor and material costs and a reasonable administrative overhead fee.
(4) A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of the work in or affecting the public rights-of-way or other city-owned property.
(M) Performance and completion bond. Unless waived by the city in writing, before construction is commenced within the public rights-of-way, the permittee shall provide a performance bond or other form of surety acceptable to the city in an amount equal to at least 100% of the estimated cost of the work approved in the permit.
(1) The surety shall remain in force until 60 days after substantial completion of the work, as determined in writing by the city, including restoration of public rights-of-way and other property affected by the construction.
(2) The surety shall guarantee, to the satisfaction of the city:
(a) Timely completion of construction;
(b) Construction in compliance with applicable plans, permits, technical codes and standards;
(c) Proper location of the facilities as specified by the city;
(d) Restoration of the public rights-of-way and other property affected by the construction; and
(e) Timely payment and satisfaction of all claims, demands and liens for labor, material and services provided in connection with the work.
(N) Location of new facilities. All new facilities must be placed underground within the public right-of-way whenever any existing facilities are located underground within the same public right-of- way, unless otherwise provided in a separate agreement with the city.
(O) Interference with the public rights-of-way. No user may locate or maintain its facilities so as to unreasonably interfere with the use of the public rights-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public rights-of-way. All use of public rights-of-way shall be consistent with city codes, ordinances and regulations and applicable state and federal law.
(P) Relocation or removal of facilities. Except in the case of an emergency as provided in § 96.22(E), within 120 days following written notice from the city a user shall, at its own expense, temporarily or permanently (as specified by the city), remove, relocate, change or alter the position of any of its facilities within the public rights-of-way whenever the city shall have determined that the removal, relocation, change or alteration is reasonably necessary for:
(1) The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights-of-way, except where such construction, maintenance or installation is necessitated by a third party project, in which case such third party shall bear the removal, relocation, change and alteration costs;
(2) Except as provided in division (1) above, relocation of facilities underground whenever any new or existing facilities are located or relocated underground within a public right-of-way of the city, and the user currently occupies the same public right-of-way, in which case the user shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right-of-way, absent any extraordinary circumstances or undue hardship as determined by the city and consistent with applicable state and federal law, or unless otherwise provided in a separate agreement with the city;
(3) The operations of the city pursuant to its police power or other governmental entity in or upon the public rights-of-way; or
(4) The public safety, welfare and health, but in no event to accommodate a third party project unless expressly agreed to by the user being asked to remove, relocate, change or alter.
(Q) Removal of unauthorized facilities. Within 60 days following written notice from the city, any user that owns, controls or maintains any unauthorized facility or related appurtenances within the public rights-of-way of the city shall, at its own expense, remove the facilities or appurtenances from the public rights-of-way of the city. A system or facility is unauthorized and subject to removal in the following circumstances:
(1) One year after the expiration or termination of the user's franchise.
(2) Upon abandonment of a facility within the public rights-of-way. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of one year or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. If the city suspects a facility is abandoned, it shall contact the facility owner before taking any action to remove the facility.
(3) If the system or facility was constructed or installed without the appropriate prior authority at the time of installation.
(4) If the system or facility was constructed or installed at a location not permitted by the grantee's permit.
(R) Coordination of construction activities. All users with facilities in the public rights-of-way should make a good faith effort to cooperate with other users and the city to coordinate construction activities that disturb the public right-of-way so as to minimize public inconvenience, disruption or damages.
(Ord. 435, passed 11-10-2014)