(A) Location of facilities. The district may limit or prohibit the placement of new or additional facilities within the right-of-way if it determines that there is insufficient space to accommodate the facilities. Factors to be considered in determining the space availability include the public interest, the conditions of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way and future district plans for public improvements and development projects which have been determined to be in the public interest.
(B) Least disruptive technology. Construction or maintenance of facilities shall use all reasonable means to lessen damage and disruption of a right-of-way. A permittee may not intrude into the right-of-way without first obtaining permission from the District Manager. The district may, in its sole discretion, require submission of a plan reflecting that the permittee will use methods to lessen disruption of and in the right-of-way.
(C) Relocation of facilities.
(1) Prompt removal. A registrant shall promptly and at its own expense, with due regard to seasonal working conditions, permanently remove and relocate its facilities within the right-of-way whenever the district requests removal and relocation, and shall restore the right-of-way. The district may make the request only when the facilities interfere with the safety and convenience of ordinary travelers over the right-of-way.
(2) Failure of removal. Unless otherwise agreed to by the District Manager, if in the reasonable judgment of the district, the registrant fails to commence removal of its facilities within 30 days after the district’s removal order, or the registrant fails to substantially complete the removal, including all associated repair of the right-of-way of the district within 180 days thereafter, the district may:
(a) Declare that all rights, title and interest to the facilities belong to the district with all rights of ownership, including, but not limited to, the right to connect and use facilities or to effect a transfer of all rights, title and interests in the facilities to another person for operation; or
(b) Authorize removal of the facilities installed by a registrant on, over or under the right-of-way, at the registrant’s cost and expense, by another person.
(3) Property of district. Any portion of the registrant’s facilities on, over or under the right-of-way designated by the district for removal and not timely removed by the registrant shall belong to and become the property of the district without payment to the registrant and the registrant shall execute and deliver such documents, as the district shall request, in form and substance acceptable to the district, to evidence such ownership by the district.
(4) Right-of-way restoration.
(a) The work to be done under the permit and the restoration of the right-of-way must be completed within the date specified in the permit, giving due regard to seasonal working conditions. In addition to its own work, the permittee must restore the general area of the work, including the paving and its foundations, to reasonably the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 12 months thereafter.
(b) In approving an application for a construction permit, the district may permit the permittee to restore the right-of-way or it may restore the right-of-way itself.
(c) If the district restores the right-of-way itself, the permittee shall pay the costs thereof within 30 days of billing. If during the 24 months following such restoration, the pavement settles due to permittee’s unproper backfilling, the permittee shall pay to the district within 30 days of billing, the costs of repairing such pavement.
(d) If the district allows the permittee to restore the right-of-way, the permittee shall, at the time of the application of a construction permit, post a performance bond in the amount determined by the district to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 12 months (or 24 months for pavement) after completion of the restoration of the right-of-way, the district determines the right-of-way has been properly restored, a surety on the performance bond shall be released. The bond may be in the form of an annual right-of-way bond covering all construction permits issued by the district during that year, or an irrevocable unconditional letter of credit.
(e) The permittee shall perform the work according to the standards and with the materials specified by the district. The district may prescribe the manner, time frames and extent of restoration, and may do so in written procedures of general application or on a case by case basis.
(f) By restoring the right-of-way itself, the permittee guarantees its work for 12 months (or 24 months for pavement) following its completion. During this period, it shall, upon notification from the district, correct all restoration work to the extent necessary using the method required by the district. Work shall be completed within 30 calendar days of receipt of notice from the district.
(g) If the permittee fails to restore the right-of-way in the manner and to the condition required by the district, or fails to satisfactorily and timely complete all repairs required by the district, the district, at its option, may do such work. The permittee shall pay to the district, within 30 days of billing, the cost of restoring the right-of-way.
(5) Damage to other facilities. When the district performs work in the right-of-way which requires maintaining, supporting or moving a registrant’s facilities to protect them, and the registrant does not perform such work, the costs associated therewith will be billed to the registrant and shall be paid within 30 days from the date of billing. Each registrant shall pay for repairing any facilities in the right-of-way which it or its facilities damaged.
(6) Installation requirements. The excavation, backfilling, restoration and all other work performed in the right-of-way shall be done in conformance with district specification, if any should apply.
(7) Inspection. The permittee shall notify the district in advance of the time the work under any permit hereunder is started. The permittee shall make the work site available to the district for inspection at all reasonable times during the execution and upon completion of the work.
(8) Other obligations. Other obligations obtaining a right-of-way permit does not relieve the permittee of its duty to obtain all other necessary permits, licenses and authority and to pay all fees required by any other county, state or federal rules, laws or regulations.
(a) A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who performs the work.
(b) Any permittee shall contact all the abutting property owners in order to identify any existing private facilities in the right-of-way, including, but not limited to, sprinklers and other utility lines.
(Prior Code, § 5-28)