(A) Purpose. This subchapter provides principles and procedures for the placement, construction, operation, maintenance, modification, repair and removal of facilities in the rights-of-way. These principles and procedures are intended to protect the integrity of the city’s rights-of-way and infrastructure and to promote the safe and orderly use of the rights-of-way among all right-of-way users. To achieve these purposes, it is necessary to require permits for all right-of-way uses, except as prohibited by law, and to establish uniform and nondiscriminatory rules which govern such permits.
(B) Scope. This subchapter shall apply to all facilities located in the city’s rights-of-way, subject to the limitations in this division, the exceptions provided in division (C) below, and preemption by applicable state or federal law. Any person in good-standing under a current, unexpired franchise agreement may continue to use the city’s rights-of-way pursuant to the terms of such franchise agreement, unless otherwise prohibited by law, until the franchise agreement expires or is terminated. This subchapter shall not apply to the following right-of-way uses which are governed elsewhere as noted:
(1) Use of a right-of-way by an adjoining property owner as provided for under this chapter or the code of ordinances;
(2) Use of the right-of-way by an adjacent business as approved by resolution of the City Council or conducting other outdoor activities in the right-of-way as allowed by the this code of ordinances and approved by the City Administrator; and
(3) Closure and use of a right-of-way for an event, provided such closure and use shall have been approved according to city procedures.
(C) Exceptions. The city shall not require an application, permit or other approval or charge fees or rates under this subchapter for:
(1) Routine maintenance of facilities where such maintenance is conducted by or on behalf of an applicant issued a permit for such facilities hereunder; or
(2) Replacement of facilities with substantially similar facilities where such replacement is conducted by or on behalf of an applicant issued a permit for such facilities hereunder.
(Ord. 23-09, passed 8-21-2023)