(A) Purpose. This chapter provides principles and procedures for the placement of structures and facilities, construction, excavation, encroachments, and work activities within or upon any public right-of-way and to protect the integrity of the road and city utility system. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way, except as prohibited by law, and to establish permit procedures, rules, and regulations for work done within or upon the public rights-of-way.
(B) Objectives. Public and private uses of public rights-of-way for location of facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the city must ensure that the primary purpose of the rights-of-way, safe passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, the city utility system, facilities, and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the public rights-of-way by persons, agencies, network providers, and public infrastructure contractors is secondary to these public objectives and the movement of traffic. This chapter is intended to strike a balance between the public need for efficient, safe transportation routes and the use of public rights-of-way for location of facilities by public and private entities. The chapter thus has several objectives:
(1) To ensure that the public safety is maintained, and that public inconvenience is minimized.
(2) To protect the city's infrastructure investment by establishing repair standards for the pavement, facilities, and property in the public rights-of-way when work is accomplished.
(3) To facilitate work within the public rights-of-way through the standardization of regulations.
(4) To maintain an efficient permit process.
(5) To conserve and fairly apportion the limited physical capacity of the public rights-of-way held in public trust by the city.
(6) To establish a public policy for enabling the city to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition, and technological development.
(7) To promote cooperation among the agencies, network providers, and public infrastructure contractors (as defined herein) and the city in the occupation of the public rights-of-way, and work therein, in order to:
(a) Eliminate duplication that is wasteful, unnecessary or unsightly;
(b) Lower the agencies', network providers', public infrastructure contractors' and the city's costs of providing services to the public; and
(c) Preserve the physical integrity of the streets and highways by minimizing street cuts.
(8) To assure that the city can continue to fairly and responsibly protect the public health, safety, and welfare.
(9) To further the public health, safety, and welfare of the citizens of the city by establishing aesthetic standards for installation of facilities in the public right-of-way that are reasonable, are technically feasible, and are reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments.
(C) Applicability.
(1) The requirements of this chapter apply to all persons, agencies, network providers, and public infrastructure contractors that place structures and facilities or that conduct construction, excavation, encroachments, and work activities within or upon any public rights-of-way except:
(a) Persons, agencies, or public infrastructure contractors providing service drops for single-family and two-family residence-zoned properties on private property. All permits for these properties will be issued through the city's building inspection department.
(b) New residential service connections which are permitted through the building inspection department of the city.
(c) Right-of-way use for valet-parking.
(d) Right-of-way use for sidewalk cafes.
(e) Revocable use of the right-of-way pursuant to an encroachment agreement.
(2) Any permit issued prior to July 17, 2023 will remain subject to the terms and conditions of city ordinances and requirements in effect at the time of issuance of the permit and is not affected by this chapter, except that, upon expiration or conclusion of the permit, a new or renewal permit must be obtained in accordance with this chapter.
(Ord. O-23-978, passed 7-17-2023)