(A) Responsibility for costs. Any act that a party is required to perform under this subchapter shall be performed at that party’s cost, unless expressly provided otherwise in this subchapter.
(B) Construction procedures and placement of facilities; obligation to minimize interference with the right-of-way.
(1) All activities in the right-of-way that are subject to this subchapter shall be performed in compliance with all applicable laws, ordinances, and city, state, and federal rules and regulations. Each party subject to this subchapter must obtain all other necessary franchises, permits, licenses, and authority and pay all fees required by this subchapter or other applicable rule, law, or regulation.
(2) The city may require that facilities be installed at a particular time, at a specific place or location, or in a particular manner as a condition of access to a particular right-of-way; the city may deny access if a party is not willing to comply with the city’s reasonable requirements; and may, unless prohibited by law, remove or require removal of any facility that is not installed in compliance with the requirements of this subchapter and charge that party for all costs associated with its removal. The criteria to be utilized in making determinations regarding installation, relocation, or removal of facilities are contained in § 96.67. Regardless of any other criteria, in the event the placement or location of a facility in a particular area of the right-of-way would constitute a public-safety concern, the City Administrator may deny the placement of that facility in that area or order its relocation or removal.
(3) To minimize interference with the use of the right-of-way by others, each party subject to this subchapter will make reasonable efforts to minimize the number of surface cuts made, will make reasonable efforts to coordinate such surface cuts with the city’s paving schedule, and, if appropriate, enter into joint trenching and other arrangements with other parties.
(4) Any right-of-way or public property that is disturbed or damaged during the construction, excavation, installation, operation, maintenance, or repair of a facility shall be repaired within ninety (90) calendar days of the completion of those activities that caused the disturbance or damage by the party who disturbed or damaged the right-of-way or public property. This time may be extended by the City Administrator upon a party demonstrating reasonable cause for the extension. A party’s failure to take reasonable steps to complete all restoration work due under a surface cut permit within the time period stated above will result in the cost of the permit fee required pursuant to § 96.71 being re-assessed as an additional fee each time there is a failure to meet the time limit. Any additional fee(s) shall be assessed at the time of inspection or re-inspection and payable to the city in addition to the amount of the original fee(s) provided for in §§ 96.71(B) and 96.72(C) of this subchapter.
(5) Parties subject to this subchapter shall make every reasonable effort to stack or bundle conduit where feasible so as to occupy as little space as possible in the right-of-way in a manner that is consistent with state law, or in the absence of state law, the current edition of the National Electrical Safety Code.
(6) The minimum clearance of wires and cables above the right-of-way, and also the placement of underground facilities shall conform to the standards established by state law, or in the absence of state law, the current edition of the National Electrical Safety Code.
(C) Duty to maintain all property in right-of-way. All parties subject to this subchapter must maintain all of their facilities located in the right-of-way in a manner that promotes the public safety. By way of example, but not limitation, all facilities, including, but not limited to, poles, towers, support structures, and manholes, must be maintained in a safe condition at all times. In the event any facility in the right-of-way is endangering the public safety, the party responsible for such facility shall take steps to rectify the situation immediately upon notification and in accordance with § 96.63.
(D) Street trees. The removal or trimming of existing trees in the right-of-way shall comply with the city’s ordinances, including those addressing street trees and the protection thereof, or the subdivision regulations concerning street trees, as applicable.
(E) Standards. All parties subject to this subchapter shall at all times use ordinary care and shall install and maintain in use commonly accepted methods and devices and utilize due diligence in performing any installation, construction, maintenance, or other work in the right-of-way.
(F) Relocation or removal. Unless prohibited by law, pursuant to § 96.67 and consistent with the procedures and criteria contained therein, all parties subject to this subchapter shall, upon the provision of reasonable written notice of, and at the direction of the City Administrator, promptly relocate or remove facilities, or rearrange aerial facilities, if required by a tariff, state or federal law, a franchise agreement with the city, or the City Administrator in exercising his or her authority under § 96.67.
(G) Other requirements specific to registrants. In addition to the other requirements set forth herein, each registrant shall use its best efforts to:
(1) Cooperate with other registrants, parties, and the city for the best, most efficient, most aesthetic, and least obtrusive use of the right-of-way, consistent with safety, and to minimize traffic and other disruptions, including surface cuts;
(2) Participate in such joint planning, construction, and advance notification of right-of-way work, including coordination and consolidation of surface cut work, with other registrants, parties, and the city;
(3) Cooperate with the city in any emergencies involving the right-of-way as further provided in § 96.63, including maintaining a twenty-four (24) hour emergency contact;
(4) Designate a single point of contact for all purposes hereunder, as well as to comply with such other contact and notice protocols as required by this subchapter or as promulgated by the City Administrator pursuant to this subchapter;
(5) Prior to the start of any work in the right-of-way, identify the name, address, and point of contact with any third-party contractors who will be working on facilities in the right-of-way on behalf of the registrant, and provide evidence that these contractors have obtained occupational licenses from the city before they start work in the city;
(6) Require that any party performing any work or service in the right-of-way on behalf of the registrant comply with all applicable provisions of this subchapter as well any other additional local regulations pertaining to the performance of such work. Registrant shall be responsible and liable hereunder to the city for any damage to the right-of-way caused by the actions of any such subcontractor or others as if the registrant had performed or failed to perform any such obligation;
(7) Comply in all respects with the requirements of KRS 367.4901 et seq., regarding an excavator’s responsibilities pertaining to the location of facilities; and
(8) Take reasonable steps to provide advance notice to all persons who reside on property where any work or service in the right-of-way is to be performed and attempt to notify such persons prior to entering private property.
(Ord. 2022-27, passed 12-6-22)