(A) Purpose. The purpose of this Chapter is to establish policies and procedures for construction and maintenance in, on, over, and above rights-of-way within the City's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the City rights-of-way and the City as a whole. Nothing herein shall be construed to limit the ability of the City to regulate its rights-of-way for the protection of the public health, safety and welfare.
(B) Intent. In enacting this Chapter, the City intends to exercise its authority over the rights-of-way in the City and, in particular, the use of the public ways and property by utilities and other entities desiring to use the right-of-way, by establishing uniform standards to address issues presented by their facilities, including without limitation:
(1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
(2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(3) Prevent interference with the facilities and operations of the City's utilities and of other utilities lawfully located in rights-of-way or public property;
(4) Protect against environmental damage, including damage to trees, from the installation of the user's facilities;
(5) Protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces;
(6) Preserve the character of the neighborhoods in which facilities are installed;
(7) Preserve open space that characterizes the City's residential neighborhoods;
(8) Prevent visual blight from the proliferation of facilities in the rights-of- way;
(9) Assure the continued safe use and enjoyment of private properties adjacent to any facilities locations; and
(10) Prevent the proliferation of facilities utilizing the rights-of-way or the area adjacent to the rights-of-way which would increase the expense of maintenance and the cost of repair, rebuilding, and expansion of the rights-of-way.
(C) Facilities subject to this Chapter. This Chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the City. A facility lawfully established prior to the effective date of this Chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.
(D) Franchises, licenses, or similar agreements. The City, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the City rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the City enter into such an agreement. In such an agreement, the City may take into consideration special needs of the entity and provide for terms and conditions which vary from the terms and conditions of this Chapter but are still consistent with the intent of this Chapter.
(E) Effect of franchises, licenses, or similar agreements. In the event of any conflict with, or inconsistency between, the provisions of this Chapter and the provisions of any franchise, license or similar agreement between the City and any user, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(F) Conflicts with other chapters. In the event this Chapter conflicts with all or parts of other chapters, the more restrictive of the two will supersede.
(G) Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this Chapter, the utility shall comply with the requirements of this Chapter to the maximum extent possible without violating federal or state laws or regulations.
(H) Sound engineering judgment. The City shall use sound engineering judgment when administering this Chapter and may vary the standards, conditions, and requirements expressed in this Chapter when the City so determines the necessity therefore. Nothing herein shall be construed to limit the ability of the City to regulate its rights-of-way for the protection of the public health, safety and welfare.
(I) City Engineer. All construction, maintenance and repair of all rights-of-way owned and controlled by the City, including but not limited to streets, alleys, parking lots, sidewalks, parkways, and easements, shall be under the supervision of the City Engineer. The City Engineer shall be charged with the enforcement of all ordinance provisions relating to the construction, maintenance and repair of such public ways and is hereby authorized to enforce such ordinances.
(Ord. 8713, passed 11-2-10; Am. Ord. 8940, passed 4-15-14)