10-20-215 Plans for conduit system.

   When a conduit system is decided upon for a street, or a part thereof, plans shall be drawn showing the construction in detail, exact space occupied and location in the street. The plans must be approved by the majority of those requiring space in the conduit, and must also be approved by the Commissioner and the Executive Director of Emergency Management and Communications or someone authorized by him to approve the plans.

   A standard form of construction shall be adopted and approved by the Commissioner and the Executive Director of Emergency Management and Communications and such standard construction shall be followed wherever conditions will permit.

(Prior code § 33-9; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 20; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 5)

10-20-220 Materials and cost of conduit system.

   Conduits shall be constructed of some approved form of pre-cast concrete which will admit of varying the number of ducts as conditions may require and maintain a uniform construction on all streets. The exact character of the material used shall be decided upon by such persons as are to occupy a part of such conduit space. Should they fail to agree, the Commissioner and the Executive Director of Emergency Management and Communications shall designate what material and class of construction shall be used, and his decision shall be final.

   The cost of constructing the conduits shall be divided pro rata per duct foot of space required, and where individual lateral connections are required, the entire cost of such laterals shall be paid for by the person requiring them.

(Prior code § 33-10; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 21; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 6)

10-20-230 Utilidor use – Permit and fees.

   (a)   It shall be unlawful for any person to access a utilidor without first obtaining a utilidor permit from the Commissioner.

   (b)   An application for a permit to access a utilidor shall contain: (1) the name of the applicant; (2) the name, address and telephone number of the underground facility owner; (3) the location of the utilidor to be accessed; (4) the purpose of the access; (5) the proposed commencement date and the estimated duration of the usage; (6) the number of linear feet of conduit to be used; and (7) other information that the Commissioner may reasonably require for the issuance of a utilidor permit.

   (c)   Beginning January 1, 2025, a permit fee of $500.00 shall be required for entering any utilidor. In addition, a fee of $100.00 per linear foot for conduit use or installation from the utilidor shall be paid by the person who accesses a utilidor. Beginning January 1, 2026, and each year on January 1 thereafter, this permit fee and fee for conduit use shall automatically increase in proportion to any increase in the CPI, as defined in Section 10-29-040, up to 2.5 percent in any one year. The Commissioner shall have such fees published on a publicly accessible website.

   (d)   No person shall be granted a permit under this section unless that person holds a public way work license as provided in Article I of Chapter 10-20.

   (e)   Utilidor permits shall be valid for a maximum of 30 days and shall not be eligible for renewal. If a permittee wishes to access a utilidor for more time than listed on the permit, a new permit shall be applied for. A separate utilidor permit is required to access each utilidor. Access and usage fees shall be paid for each permit.

(Added Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 7)

10-20-240 Rules.

   The Commissioner is authorized to promulgate such rules as are necessary or useful to implement the administration and enforcement of this article.

(Added Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 8)

10-20-250 Violation – Penalty.

   (a)    Any person who violates this Article II of Title 10* or applicable rules relating to underground work shall be fined not less than $2,500.00 nor more than $5,000.00 for each offense.

* Editor’s note – As set forth in Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 9. Intended reference was likely Article II of Chapter 10-20; future legislation will correct if needed.

   (b)   In addition to the fine specified in subsection (a), any person who violates Section 10-20-203(b) shall be required to restore the surface of any public way or other public place which may be opened or otherwise disturbed. If the bituminous surface of a street was opened, the violator shall be required to resurface the entire street from the intersections on either side of the opening made. All work required under this subsection shall be done to the satisfaction of the Commissioner, in accordance with public way restoration standards. These standards shall be in the form of rules promulgated by the Commissioner.

   (c)   In addition to any fine imposed under subsection (a), any person who accesses a utilidor or who uses conduits connected to the utilidor without a permit from the Department of Transportation shall be liable for a fine of $500.00 per linear foot used or installed from the utilidor.

(Prior code § 33-11; Amend Coun. J. 1-14-97, p. 37762, § 22; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 9)