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§ 16-203 AUTHORITY.
   The city has authority to regular placement, modification, or removal of equipment and facilities in the public right-of-way and excavation in and use of the public right-of-way as provided in this chapter and as otherwise deemed necessary by the city to protect the public health, safety, and welfare, including, without limitation, authority to regulate or prohibit any excavation in the public right-of-way, break or cut in the surface of the public right-of-way, and any related or similar activity in the public right-of-way.
(Ord. 1537, passed 4-20-2017)
§ 16-204 LIABILITY OF THE CITY.
   The city shall not be liable for any damage or injury caused by or arising from the performance of any work or other activity in the public right-of-way by the city or any other person. Further, the city shall not be deemed to assume any liability or responsibility for any such damage or injury by conducting an inspection, issuing or revoking a permit, or approving, allowing or stopping work or any other activity in the public right-of-way.
(Ord. 1537, passed 4-20-2017)
§ 16-205 APPLICABILITY; ADMINISTRATION.
   (A)   The provisions of this chapter will apply to all encroachments of any kind into the right-of-way, except the following:
      (1)   Temporary location of refuse for removal from the abutting property;
      (2)   Temporary location of equipment or furnishings such as barricades, tents, tables, and chairs, pursuant to the outdoor festival policy, provided that no cutting of or breaking into the surface of the right-of-way is involved; and
      (3)   Any other encroachments approved by the City Council, where application of this chapter is specifically waived.
   (B)   In addition to complying with the requirements of this chapter, an applicant must also obtain City Council approval for any proposed encroachment into the right-of-way, except the following:
      (1)   Installation, maintenance, repair, replacement, or removal of equipment pursuant to the terms and conditions of a utility franchise with the city;
      (2)   Installation, maintenance, repair, replacement, or removal of non-masonry mailboxes, or driveway surfacing within the right-of-way abutting single family, duplex, or triplex dwelling units; and
      (3)   Installation, maintenance, repair, replacement, or removal of other at- or below-grade encroachments unassociated with a change of use of the abutting property, where the provisions of this chapter are adequate to protect the public interest.
   (C)   Culverts on official city rights-of-way (does not include any state of federal rights-of-way).
      (1)   Residential. Culverts and associated apparatus for residential properties must conform to the size and specifications of the city and furnished to the city. They will be a minimum of 20 and a maximum of 40 feet in width. City forces will install culverts and associated apparatus for residential properties.
      (2)   Commercial. Culverts for commercial properties must conform to the size and specifications of the city.
   (D)   Landscaping. Any landscaping, other than grass, on public right-of-way is installed at the risk of the property owner. The city shall not be responsible for any damages, repairs, or replacements.
   (E)   The City Manager shall be responsible for administration of this chapter and may delegate any or all authority to administer and enforce this chapter to the Public Works Department or other designee.
(Ord. 1537, passed 4-20-2017)
§ 16-206 PERMIT REQUIRED.
   (A)   Except for those exempt activities specifically listed below, it shall be unlawful for any person to make any excavation in the public right-of-way, make any break or cut in any surface of the public right-of-way, deposit any earth or other material in the public right-of-way, place any equipment or facility in the public right-of-way, modify or remove any equipment or facility, or perform any other work in the public right-of-way, without first obtaining a written permit from the city.
   (B)   The following activities are exempt from the permitting requirement of this chapter:
      (1)   Emergency actions, provided that the city reserves authority to require an after-the-fact permit;
      (2)   Installation or removal of a non-masonry mailbox;
      (3)   Signs in the public right-of-way, which are addressed in Title 14, Chapter 5 of the Crossville Municipal Code;
      (4)   Power poles located within two feet of the right-of-way line (not including guy wires); and
      (5)   Routine maintenance and repair of other equipment or facilities that are authorized by law to be located with the right-of-way.
      (6)   An activity otherwise described in divisions (B)(3) or (4) above, will not be deemed routine if such activity is likely to result in any damage to the public right-of-way or any other property, or injure any person.
   (C)   Any provider who performs work (or on whose behalf work is performed) in the public right-of-way in connection with an emergency without a permit shall immediately notify the city of the emergency and of any such work which has been or may be performed and shall cause all such work to cease immediately upon completion of emergency action or determination by the city that the situation is not an emergency or that the emergency action is no longer warranted. Notwithstanding the foregoing, any person who commences work in an emergency without first obtaining a permit shall obtain a permit at the earliest possible time after commencement of such work.
   (D)   Columns, decorative features, masonry structures, and masonry mailboxes more than six inches higher than the road surface must be located at least three and one-half feet off the hard surface of the road. They must be placed in such location as to allow the carrier to partially pull off the right-of-way for the delivery of mail. Prior to construction of the pull off, the Street Department must be contacted for specifications and direction.
   (E)   The city may revoke any permit granted pursuant to this chapter, without refunding any fees, if it finds that a permittee has not complied with applicable law, including any provision of a permit, this Code, or any franchise, license, or other authorization, or that revocation is necessary to protect the public health, safety, or welfare.
(Ord. 1537, passed 4-20-2017)
§ 16-207 APPLICATION FOR PERMIT.
   No permit shall be issued unless a written application for a permit is submitted to the Public Works Department in accordance with this chapter. Applicants shall allow for a review period of three weeks, following submittal of all required information, before a permit is issued. An application for a permit shall be filed in the form and manner specified by the city (e.g., the city may require that any or all parts of such requests be filed in an electronic form of the city's choosing) and contain such information as may be required by the city, including, at a minimum, the following information:
   (A)   The name and address of the applicant who is requesting the permit and written evidence that such applicant has legal authority to place, maintain, or remove the equipment or facilities covered by the requested permit in the public right-of-way and will own and control all such equipment and facilities after completion of construction;
   (B)   A description of the functions, dimensions, and proposed locations of all equipment and facilities covered by the requested permit;
   (C)   The specific location, depth, dimensions, and length of each proposed new or replacement duct, conduit, or other underground facility and the specific location, depth, dimensions, and height of any utility pole covered by the requested permit;
   (D)   A description of the manner in which the work covered by the requested permit is to be undertaken (i.e., proposed construction methods and techniques) and a proposed date for commencement of work and an estimate of the time required to complete all such work;
   (E)   Identification and description of any utility or other distribution or transmission system to which any equipment or facility covered by the requested permit is to be connected or attached;
   (F)   Maps (in such detail and form as may be specified by the city) which show:
      (1)   Public right-of-way in the area of the proposed construction;
      (2)   Locations of all existing equipment and facilities in the area of proposed construction;
      (3)   All equipment and facilities to be installed or removed; and
      (4)   The routes of all transmission and distribution lines to be installed or removed and the sites of all other equipment and facilities to be installed or removed in the public right-of-way;
   (G)   As-built maps (in such detail and form as may be specified by the city) which show the locations of all the applicant's existing equipment and facilities in the city; and
   (H)   Construction maps (in such detail and form as may be specified by the city) which show the locations of all new equipment and facilities in the city which the applicant plans to place in the public right-of-way in the next 12 months or such other time period as may be specified by the city.
(Ord. 1537, passed 4-20-2017)
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