(a) Permit Required. No Service Provider shall install, place, replace or alter the size of Above Ground Facilities in the Public Right-of-Way without first obtaining an AGF Installation Permit issued by the Director under this section or in violation of the regulations for AGF and AGF Clusters in this section or Rules and Regulations promulgated by the Director under division (e)(8) of this section.
(b) Application Process. Applications for AGF Installation Permits shall be filed with the Commissioner of Engineering and Construction and shall contain the following information:
(1) A detailed description of the AGF or AGF Cluster, including the dimensions of each installation and the potential noise level resulting from the operation of the installation;
(2) A site or landscape plan drawn to scale showing the proposed installation with elevation drawings acceptable to the Director, and photographs of the proposed location for the AGF before installation, including the dimensions of the existing street improvements in the proximate vicinity of the proposed AGF and the distance from the proposed AGF to existing buildings on the adjoining and abutting lots;
(3) Mailing address labels of adjoining lots, abutting lots, and lots across the Public Right-of-Way from the adjoining and abutting lots;
(4) The identity of any existing AGF in the City Block in which the AGF is proposed to be installed;
(5) The identity, legal status, and federal tax identification number of the Service Provider for the AGF;
(6) The name, address, telephone number, and e-mail address of the local officer, agent or employee responsible for the accuracy of the information contained in the application for the AGF application; and
(7) A copy of the Graffiti Mitigation Plan prepared by the Service Provider under division (d) of this section.
(c) Permit Fee. Each Service Provider applying for an AGF Installation Permit shall pay a fee as determined by the Director, and approved by the Board of Control, to reimburse the City for its administrative costs related to processing of reviewing the permit application and issuing the permit as provided in Section 510.07.
(d) Graffiti Mitigation Plans. The exterior of each AGF and AGF Cluster shall resist graffiti and be maintained in good condition and repair. Each Service Provider shall submit a Graffiti Mitigation Plan detailing how each AGF or AGF Cluster operated by the Service Provider shall be maintained free from graffiti and other defacements (i.e. stickers, posters). The Graffiti Mitigation Plan shall identify the resources dedicated to regularly inspecting and maintaining the Facilities in good condition and repair. In addition, each Graffiti Mitigation Plan shall provide the name, mailing address, phone number and email address of a single point of contact responsible to resolve graffiti issues should they occur. The Graffiti Mitigation Plan should clearly state that AGF surfaces shall be maintained in good condition and repair following installation.
(e) AGF Regulations.
(1) The placement of AGF and AGF Clusters shall be approved by the City Planning Commission or its Secretary, as determined by the City Planning Commission, in the following areas:
A. Residential zoning districts;
B. Open Space and Recreation Districts as described in Chapter 342;
C. Public Land Protective Districts as described in Chapter 341; and
D. Business Revitalization Districts as described in Chapter 303.
(2) The placement of AGF and AGF Clusters in Landmark Districts and on Landmark properties, as described in Section 161.04, shall be approved by the Landmarks Commission or its Secretary, as determined by the Landmarks Commission.
(3) AGF and AGF Clusters, including any doors, shall maintain an unobstructed sidewalk width of six (6) feet to provide for unimpeded pedestrian and wheelchair passage, except where the existing sidewalk width is less than six (6) feet, and a minimum of two (2) feet unobstructed distance from the perimeter of the AGF or AGF Cluster to the roadway curb face and to the closest edge of the public sidewalk.
(4) AGF and AGF Clusters shall be placed in compliance with the intersection sight distance requirements contained in the Location and Design Manual without the necessity of installing additional safety measures as provided in the L&D Manual. If the existing sight distance at an intersection does not meet the current standards in the L&D Manual, the AGF and AGF Clusters shall be placed at a location that will not reduce the existing sight distance from the intersection. AGF and AGF clusters shall be placed at a distance from drive-ways so as not to impair the sight distances for exiting vehicles as determined by the Director using the intersection sight distance requirements contained in the L&D Manual.
(5) No AGF or AGF Cluster shall be installed:
A. Within five (5) feet of any fire hydrant;
B. Within five (5) feet of any driveway;
C. Where there is no bus shelter at a bus stop, within forty (40) feet back of a sign identifying a particular bus company or bus route and marking a designated bus stop;
D. Where there is a bus shelter at a bus stop, within five (5) feet forward and forty (40) feet back of the end of the shelter identified as serving a particular bus company of bus route and marking a designated bus stop;
E. Within three (3) feet of any traffic sign;
F. Within three (3) feet of any public utility pole, provided that 1) all or a portion of an AGF may be placed on a public utility pole as part of an approved AGF Installation Permit and in accordance with other applicable laws and regulations for the placement of Facilities on utility poles; and 2) placement adjacent to a public utility pole shall be limited to one (1) side of the pole;
G. Within an area designated for handicapped parking, a taxi stand or a commercial loading or unloading zone; or
H. Immediately in front of buildings, houses, structures, or public stairs such that it causes a violation of ADA guidelines for pedestrian passage between private property and the Public Rights-of- Way.
(6) Advertising. Advertising is prohibited on AGF and AGF Clusters.
(7) Removal. Service Providers, at their cost and expense, shall remove any AGF and AGF Clusters that are abandoned, become obsolete, are unused for more than ninety (90) days or installed without an AGF Installation Permit issued under this section.
(8) Additional Regulations. The Director is charged with the enforcement of the provisions of this section and is hereby authorized to adopt, promulgate and enforce additional Rules and Regulations relating to AGF and AGF Clusters not in conflict with the provisions of this section, including the maximum or minimum dimensions of AGF or AGF Clusters, the color and finishes of any cabinets in which AGF or AGF Clusters are located, Service Provider identification on all AGF and AGF Clusters, landscaping considerations, permissible configuration of AGF Clusters, the maximum number of installations of AGF or AGF Clusters in Public Right-of-Way per City Block and the administration and enforcement of the provisions of this section. Rules and Regulations promulgated by the Director shall become effective upon publication in the City Record. Failure or refusal to comply with any Rules and Regulations promulgated by the Director shall be deemed a violation of this section.
(f) Performance Bond. To ensure the full and complete compliance with this section, prior to the issuance of an AGF Installation Permit, a Service Provider shall submit a performance bond in the amount of Fifty Thousand Dollars ($50,000.00). In the alternative, a Service Provider may submit an umbrella bond in the amount of Fifty Thousand Dollars ($50,000.00) which shall be deemed to have met the performance bond requirement of this section for the duration of the performance bond. Before any claims may be made against a performance bond, the Director shall give written notice to the Service Provider:
(1) Describing the act, default or failure to be remedied by reason of the Service Provider’s act or default;
(2) Providing a reasonable opportunity for the Service Provider to first remedy the existing or ongoing default or failure;
(3) Providing a reasonable opportunity for the Service Provider to pay any monies due the City before the City makes a claim against the performance bond; and
(4) Stating that the Service Provider will be given an opportunity to review the act, default or failure described in the notice with the Director.
(g) Other Permits. A Service Provider that is issued an AGF Installation Permit issued under this section is not required to obtain a Street Obstruction Permit issued under Section 411.011 or a Sidewalk Obstruction Permit issued under Section 507.06 for Construction or reconstruction of an AGF. A Service Provider may be required to obtain a Street Obstruction Permit issued under Section 411.011 or a Sidewalk Obstruction Permit issued under Section 507.06, as applicable, when performing Ordinary Maintenance on an AGF. If the installation of AGF and AGF Clusters requires installation of Underground Facilities, a Service Provider must also obtain a Street Opening Permit issued under Section 503.01 or a Sidewalk Construction Permit issued under Sections 505.04 to 505.06 as deemed appropriate by the Director.
(h) Additional Penalty. In addition to any penalty imposed for a violation of this chapter under Section 510.99, the Director, following notice in writing to a Service Provider of the Service Provider’s failure to comply with this section, shall not issue any new AGF Installation Permits to the Service Provider until such time as the violations of this section as detailed in the notice are corrected.
(Ord. No. 1242-A-07. Passed 10-8-07, eff. 10-11-07)