(A) (1) Prior to commencing excavation or boring, unless otherwise excepted by this chapter, a user shall verify the horizontal and vertical location of existing city and third-party facilities within three feet of the user’s proposed construction. Prior to commencing excavation or boring, unless otherwise excepted by this chapter, a user shall verify only the horizontal location for facilities outside three feet of the user’s proposed construction and which may be reasonably anticipated to be disturbed by the user’s proposed construction.
(2) Any facility constructed by a user shall maintain a minimum of six inches’ vertical separation when crossing any existing facility.
(3) Facilities constructed by the user shall be constructed at a minimum depth of 24 inches, except the city’s Director of Public Works may require a lesser or greater depth if it is deemed necessary for the health, safety or general welfare of the public.
(4) All bores shall be a minimum of 24 inches below the street gutter or edge of pavement. All directional boring shall have a locator place bore marks and depths while the bore is in operation. Locator shall place a mark at each stem with a paint dot and shall mark the depth at least at every other stem.
(5) Placement of all appurtenances shall be approved by the city’s Director of Public Works prior to placement.
(6) All utilities, including electrical distribution facilities and communication, shall be installed underground along residential streets, unless otherwise approved by the city’s Director of Public Works. Temporary electrical service may be installed above ground adjacent to unplatted property along residential streets. However, these fines must be placed underground as adjacent property develops. Electrical and/or communication utility lines shall be installed underground in compliance with utility service regulations. Electrical utility service to non-residential properties from overhead distribution lines shall be placed underground from the right-of-way to the point of service. Developers are encouraged to install all utilities underground on each property. Existing overhead facilities which follow existing routes, rights-of-way and/or easements may remain and may be repaired, replaced, upgraded or relocated along the same general route, while new overhead distribution feeders and major circuits may be constructed or extended.
(B) (1) For the purpose of conforming underground or overhead facilities for public improvements, and as allowed by, or consistent with, state or federal laws governing such conformance, and if it shall be deemed necessary by the city’s Director of Public Works to undertake such conformance, such conformance shall be accomplished by the user, at the user’s expense and direction, within 90 days from receipt of notice from the city to the user unless a longer time schedule has been approved by the city’s Director of Public Works. The city’s Director of Public Works will consider all reasonable and economical public improvement alternatives prior to requiring conformance. The user may notify the city’s Director of Public Works of options other than conformance.
(2) Facilities that do not conform after 90 days to the stated purposes set forth here or within an extended schedule approved by the city’s Director of Public Works, are subject to removal from the right-of-way by the city. If removal occurs, the city shall not be liable for damages or other compensation to user, but the city shall be responsible for reasonable care of such removed facilities while such facilities are in city custody and until the user takes possession of such removed facilities. The city shall bear no responsibility for removed facilities not repossessed by user within 30 days after the city has taken custody of removed facilities.
(3) Whenever it shall be necessary to require user to conform its facilities within the right-of- way, such conformance shall be made without claim for reimbursement or damages against the city. It is understood and, further provided, however, that, the city shall not require the user to remove its facilities entirely from the right-of-way. If the city requires the user to conform its facilities to enable any entity or person other than the city to use, or to use with greater convenience, right-of-way, the user shall not be required to conform its facilities until such other entity or person shall reimburse or make arrangements satisfactory to user to reimburse user for any loss and expense caused by or arising out of such conformance.
(Ord. 131101, passed 11-23-2013) Penalty, see § 155.99