(A) Responsibility for costs. Any act that a party is required to perform under this chapter shall be performed at that party's cost, unless expressly provided for otherwise in this chapter.
(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 chapter shall be performed in compliance with all applicable laws, ordinances, departmental rules, and regulations. Each party subject to this chapter must obtain all other necessary franchises, permits, licenses, and authority and pay all fees required by this chapter 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; 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 chapter and charge that party for all the costs associated with removal. The criteria to be utilized in making determinations regarding installation, relocation or removal of facilities are contained in § 156.18. 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) In order to minimize interference with the use of the right-of-way by others, each party subject to this chapter 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 which caused the disturbance or damage by the party that disturbed or damaged the right-of-way or public property. This time may be extended by the City Administrator upon demonstration of reasonable cause by the subject party. 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 § 156.22(B) 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 reinspection and payable to the city in addition to the amount of the original fee(s) provided for in § 156.22(B) and (C).
(5) Parties subject to this chapter 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. 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 chapter 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 § 156.14
.
(D) Street trees. The removal or trimming of existing trees in the right-of-way shall comply with the city's street tree ordinance, tree protection ordinance, or the provisions subdivision regulations, concerning street trees, as applicable.
(E) Standards. All parties subject to this chapter 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 § 156.18
and consistent with the procedures and criteria contained therein, all parties subject to this chapter 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/her authority under § 156.18
.
(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 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;
(3) Cooperate with the city in any emergencies involving the right-of-way as further provided in § 156.14, including the maintenance of a twenty-four (24) hour emergency contact;
(4) Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as required by this chapter or as promulgated by the City Administrator pursuant to this chapter;
(5) Require that any party performing any work or service in the right-of-way on behalf of said registrant will comply with all applicable provisions of this chapter as well any other additional local regulation pertaining to the performance of such work and will identify the registrant for whom such contractor is working. Said 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 said registrant had performed or failed to perform any such obligation;
(6) 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
(7) 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. 1818-2022, passed 9-13-22)