(a) Location of facilities. All facilities shall be constructed, reconstructed, installed and located in accordance with the following terms and conditions:
(1) Overhead facilities. A service provider with permission to install overhead facilities shall install its facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
(2) Above-ground facilities. No above-ground facilities shall be located in the public right-of-way, including any portion of underground without the express written permission of, and pursuant to a plan approved by, the City Manager.
A. Above-ground facilities shall not be located where those facilities would pose an unreasonable hazard to the public's use of the public right-of-way. An unreasonable hazard shall include a visual or physical obstruction.
B. The City Manager's approval for above-ground facilities may include appropriate landscaping, screening and/or other aesthetic requirements. The City Manager may also suggest an alternate locations(s) for above-ground facilities, the proposed location of which will, in the City's Manager's reasonable judgment, cause realistic health, safety or aesthetic concerns.
(3) Underground facilities. Whenever the existing electric, cable, telecommunications and other similar facilities are located underground in a public right-of-way, a service provider with permission to occupy the same public right-of-way with the electric, cable, telecommunications or other similar facilities, must also locate its facilities underground. Facilities shall be installed within an existing compatible underground duct or conduit whenever excess capacity exists within such facility and where such installation is appropriate and practical under relevant safety and operational standards.
(b) Relocation or removal of facilities. Within 30 days, or such longer time as reasonably determined by the City Manager, following written notice from the city, a service provider shall, at its expense, temporarily or permanently remove, relocate, change or alter the position of any facilities in the public right-of-way whenever the city determines that such removal, relocation, change or alteration is reasonably necessary for:
(1) The construction, reconstruction, maintenance or installation of any city or other public improvement in or upon the public right-of-way.
(2) The operations of the city or other governmental entity in or upon the public right-of-way, including replacement of city-owned poles. Notwithstanding the above, no service provider shall be required to bear the expense of removal, relocation, change or alteration of position of any facilities if such requirement would be prohibited by law.
(c) Removal of unauthorized facilities. Within 30 days following written notice from the city, any service provider or other person that owns, controls or maintains any unauthorized system, facility or related appurtenances in the city's public right-of-way shall, at its own expense, remove those facilities or appurtenances from the public right-of-way or, at the city's option, shall arrange to sell the system, facilities or appurtenances to the city. After the 30 days have expired, the city may remove the facilities or appurtenances from the public right-of-way at the other party's expense. A system or facility is unauthorized and subject to removal in the following circumstances:
(1) Upon revocation of the service provider's consent to occupy or use the public right-of-way;
(2) If the system or facility was constructed, reconstructed, operated or maintained without the consent to do so, except as otherwise provided by this chapter;
(3) Upon abandonment of a facility in the public right-of-way of the city, with the exception of underground facilities abandoned in a manner authorized and approved by the City Manager;
(4) If the system or facility was constructed or reconstructed, or any excavation of a public right-of-way was performed, without prior issuance of a required construction permit, except as otherwise provided by this chapter;
(5) If the system or facility was constructed, reconstructed, operated or maintained, or any excavation of a public right-of-way was performed, at a location not permitted pursuant to the city's consent for the provider to occupy or use the public right-of-way or construction permit; or
(6) If the service provider fails to comply with, or cure a violation of, a material requirement of this chapter. Notwithstanding the above, no service provider shall be required to remove unauthorized facilities or appurtenances from the public rights-of-way if such requirement would be prohibited by law.
(d) Emergency removal or relocation of facilities. Subject to applicable state and federal law, the city retains the right and privilege to cut or move any facilities, or stop work on any construction, reconstruction, or excavation, located in the public right-of-way, as the City Manager may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare.
(Ord. 08-O-2455, passed 3-18-2008)