(A) General; permit required. If the work to be performed in a public right-of-way involves installation, construction, erection, replacement, maintenance or relocation of any facilities, a permit must be obtained from the Community Development Department. In addition, if the facility is a wireless facility, it shall comply with the requirements of the town's Standard Terms and Conditions and Design Standards for Wireless Facilities, including the requirement to obtain a master license agreement prior to issuance of a permit.
(1) Such permit shall be issued on such conditions as are reasonable and necessary to ensure compliance with the terms and conditions of town standards.
(2) The application for the permit shall include all information required in § 156.01.
(3) Each permittee is responsible for:
(a) Ensuring that its facilities are installed, constructed and maintained in strict compliance with town standards;
(b) Obtaining all required licenses, franchises and other permits before any work commences; and
(c) Ensuring that the terms and conditions of all permits, licenses and franchises are strictly followed.
(4) Where a facility is used by more than one permittee, each permittee is fully responsible for ensuring that all requirements are satisfied.
(5) Facilities shall be installed, constructed, and maintained so that no additional costs are imposed upon the town and so that the facility does not interfere with other uses or users of the public rights-of-way or town utility easement. This division shall not serve to limit the requirement of any other provision of this code or any license, permit, or franchise issued by the town.
(6) A permit to work in the public right-of-way which requires excavation of a paved right-of-way shall comply with this division, in addition to other requirements of this section. A permittee shall be required to be a participant in the regional one-call utility locating system (blue stake). Permittee shall use paint that dissolves within three weeks. In the event permittee's utility markings paint remains visible after three weeks, permittee shall remove such markings without causing damage to the pavement. If the permittee fails to remove such markings after notice and a reasonable time for cure, the town may cause the markings to be removed and invoice the permittee for the removal costs, which costs shall be promptly paid.
(B) Joint use of trenches. In order to minimize degradation of streets, traffic impacts and other interference with the use of rights-of-way, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching shall be used. The Town Manager shall adopt rules to facilitate joint trenching in the public rights-of-way.
(C) Traffic safety. When open trenches, holes, etc., are made in the pavement and not being immediately worked on, in, or around, and the depth of the deviation from the pavement surface exceeds two inches in depth, plating shall be required to be installed over the opening. Plating shall be "milled" into the surrounding pavement as to allow for a smooth surface where traffic will not cause the plating to move. Any deviation from this requirement will be at the discretion of the Town Manager.
(D) Records. The permittee shall keep accurate records of the location of all of its facilities located in the public rights-of-way and shall furnish them to the town upon request or at such periodic intervals as the town may require. In order for the town to regulate users in the public rights-of-way, upon completion of new or relocation construction of underground facilities in the public rights-of-way, the permittee shall provide the town with the location of the underground and above-ground facilities in a format compatible with the current town mapping format.
(E) Restoration. Whenever a permittee causes any opening or alteration to be made for any purpose in any public right-of-way, the work shall be completed within a reasonable time, and upon completion of such work, permittee shall, without expense to the town, restore the property disturbed in a manner consistent with town standards, or as required by its permit, license, or franchise which may incorporate special standards when required for town purposes. Landscaping, whether in the public rights-of-way or on private property, which is damaged by permittee shall be restored to its condition as it existed prior to the work. Permittee shall exercise special care when working near established trees or shrubs. If established trees or shrubs die within six months of completion of work by permittee, it is presumed that permittee caused such damage if the work performed was in the location of the roots of such tree or shrub.
(F) Town's facilities. The installation, use and maintenance of permittee's facilities within the public rights-of-way authorized herein shall be in such a manner as not to interfere with placement, construction, use, and maintenance of public rights-or-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other utility systems that have been, or may be, installed, maintained, used or authorized by the town. At the town's request, permittee shall relocate its facilities at permittee's expense (unless state law expressly requires otherwise). Upon the town's request, by a time specified by the town, if permittee fails to move its facilities, the town may do so and bill permittee the costs of relocation, which costs permittee shall pay within 30 days after permittee receives the invoice. Permittee shall reimburse the town any additional cost including but not limited to design and construction costs, incurred by the town due to the delay in location or relocation of permittee's facilities.
(G) Interference. Permittee shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities located within public rights-of-way that are owned by another entity.
(H) Location and maintenance of above-ground facilities. The town shall approve the location of aboveground facilities, such as boxes, cabinets and similar equipment or appurtenances. The permit shall set forth the location of such aboveground facilities. If the Town Manager determines that a proposed location would impair traffic visibility or visibility of existing signage or would substantially harm existing landscaping, or that similar conditions exist which would justify a denial of a permit in that location, the permit shall be denied. Aboveground facilities shall be maintained in good condition. If the town finds any of permittee's above-ground facilities are not maintained in good condition, permittee shall correct such condition within three business days of receiving notice from the town.
(I) Undergrounding of new facilities. No new poles or wires shall be erected in the town above the surface of the ground unless a permit is first secured from the town manager, except that the following construction may be installed without such a permit:
(1) Temporary service facilities, including but not limited to facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a temporary nature for a limited period of time, such as to a fair, carnival, outdoor exhibit or other temporary function;
(2) Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone terminals, telephone splice closures, or similar on-the-ground facilities normally used with and as part of an underground electric distribution, telephone, data, telegraph or television system, or on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities;
(3) Transmission lines and distribution feeder lines, together with related switch yards, substations and related equipment;
(4) Service drops from existing overhead lines to new single-family residential customers, except when underground service is required by the town's subdivision ordinance.
(J) Plans. All facilities shall be installed per plans prepared by a registered professional engineer and approved by the town prior to any work commencing.
(1) Use of existing poles or conduit. A permittee may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit and such permission is verified by the town, except where those same poles are scheduled to be replaced with buried facilities. The town may require permittee to prove that it has such permission from the owner to use the owner's facilities.
(2) No new poles, or longer poles, will be permitted in the public rights-of-way for any new facilities except where otherwise required by law.
(3) If permittee installs facilities on existing poles as provided herein, permittee shall bury its facilities if such poles are removed and not replaced in kind for any reason.
(4) If permittee uses existing conduit owned by someone other than permittee, permittee shall be subject to the provisions of this section in the use of such conduit in the public rights-of-way.
(5) As used herein, a pole installed to replace a damaged pole or to remedy a safety hazard and which is substantially the same size as the pole being replaced shall not be considered to be a new pole.
(K) Conflict with town projects.
(1) Identification of conflict. If, during the design process of public improvements, the town discovers a potential conflict with proposed construction, permittee shall either:
(a) Locate and, if necessary, expose its facilities in conflict; or
(b) Use the one-call notification center ("blue stake") to locate or expose its facilities. Permittee shall reimburse the town for the cost resulting from the use of such location service. The town shall make reasonable efforts to design and construct projects pursuant to this section so as to avoid relocation expense to permittee. Permittee shall furnish the location information in a timely manner, but not more than ten calendar days from the date of the town's request.
(2) Priority right. The town reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, re-grade, widen, realign, or maintain public rights-of-way, aerial, surface, or subsurface improvements, including, but not limited to, traffic control conduits, storm sewers, subways, tunnels, bridges, viaducts, or other public construction within public rights-of-way.
(3) Procedures. If, during the course of a project, the town determines permittee's facilities are in conflict, the following shall apply:
(a) Prior to the town notice to proceed to contractor: Permittee shall, within a reasonable time not to exceed one month, shall remove or relocate the conflicting facility. The time shall begin running upon receipt by permittee of written notice of the conflict from the town. If the town and permittee agree, the time to remove may be extended, based on requirements of the town's project.
(b) Subsequent to town notice to proceed to contractor: The town and permittee shall immediately begin the coordination necessary to remove or relocate the facility. Actual construction of such removal or relocation is to begin no later than 72 hours, if practicable, after written notification from the town to proceed.
(L) Damage to town rights-of-way and facilities.
(1) If the permittee damages or disturbs the surface or subsurface of any public rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the permittee shall promptly, at its own expense, and in a manner acceptable to the town, restore the surface or subsurface of the public rights-of-way or public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet town standards, the town shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the permittee shall reimburse the town for its expense in so doing within 30 days after receipt of the invoice therefor.
(2) As used in this division:
(a) A paved right-of-way is considered "new" when it is first constructed, when it is reconstructed or when it is renovated.
(b) A right-of-way is considered "reconstructed" when all lanes are completely rebuilt by removing all the pavement and aggregate base course material, re-compacting the subbase and restoring the base material and then completely re-paving for a distance approved by the Town Engineer.
(c) A right-of-way is considered "renovated" when there is a major rehabilitation, including a mill and overlay or other similar improvement work that physically modifies the surface of the right-of-way prior to applying a new surface or other similar work as determined by the Town Engineer.
(d) The date of construction, reconstruction or renovation shall be the date such work was accepted by the town.
(3) An application to work in the public right-of-way which includes excavation in a new paved right-of-way shall not be granted until at least two years after completion and acceptance of the construction, reconstruction or renovation of the paved right-of-way unless one of the following applies:
(a) Emergency which endangers life or property;
(b) Interruption of essential utility or communications service;
(c) Work that is mandated by town, county, state or federal legislation;
(d) Service for buildings where no other feasible means of providing service exists.
(4) Pavement restoration.
(a) If an excavation is permitted pursuant to division (L)(3)(a) through (d) above, the permittee shall restore the paved right-of-way by mill and overlay/inlay, for a minimum of curbline to centerline impacted by the excavation(s). For arterial streets, this shall require extending the restoration a minimum length of two feet both directions from the area of the excavation( s) (beyond the end of the trench), and for collector streets this shall mean extending the restoration a minimum length of one foot both directions from the area of the excavation(s) (beyond the end of the trench), all as more specifically directed by the Town Manager. All renovations shall comply with the town's standard details and specifications. The permittee may elect to fully reconstruct the paved right-of-way in accordance with specifications provided by the Town Engineer in lieu of paying the pavement restoration fee.
(b) For excavation commencing two years or later after the paved right-of-way is new (as defined in division (L)(2) above), the permittee may elect to renovate such paved right-of-way by mill and overlay/inlay, for a minimum of the curbline to centerline of area(s) impacted by the excavation(s) and for arterial streets extending a minimum length of two feet both directions from the area of the excavation(s) (beyond the end of the trench) and for collector streets extending a minimum length of one foot both directions from the area of the excavation(s) (beyond the end of the trench), all as more specifically directed by the Town Engineer in lieu of payment of the pavement restoration fee.
(c) When any utility installed in the roadway consists of three or more perpendicular trenches within 150 feet, the roadway must be overlaid from the curb line to the centerline. If a trench extends beyond the centerline, a full street overlay will be required.
(d) When any utility is installed in the roadway and is at an oblique angle to the right-of-way centerline, the roadway must be overlaid from the centerline to the curb line for the entire length of the utility extension. If the utility trenching encroaches on both sides of the centerline, a full street overlay will be required. Pavement overlays shall be perpendicular to the centerline beginning or ending a minimum of one-half the street pavement width from the edge of the trench.
(e) Pavement replacement thickness and type are to be per MAG. Section 336. Curb and gutter replacement shall be a minimum of one full section, per MAG. standard. Detail 220. Sidewalk replacement shall be a minimum of one full panel. Tunneling under existing sidewalk will not be allowed in the town right-of-way.
(f) In all cases where a street overlay is required, both ends of the overlay area must be cold-planed perpendicular to the roadway a minimum length of 15 feet to provide a flush transition. For half-street or full-street overlays, clod planing (grinding) of the entire paving area is required (centerline to gutter or gutter to gutter). When curb and gutter does not exist, the new overlay surface may, at the engineer's discretion, be tapered to meet the elevation of adjacent paved surfaces. All asphalt joints and tapered transitions shall be sealed per MAG. uniform standard specifications.
(5) Pavement restoration fee.
(a) In addition to the other requirements of this section, a permittee shall pay a pavement restoration fee established by resolution of the Council. The pavement restoration fee shall be reviewed annually with the budget for street repair.
(b) The pavement restoration fee shall be paid prior to or at the time a permit to work in the public right-of-way is issued. In the event the pavement restoration fee is amended after a permit to work in the public right-of-way is issued, an adjusted fee shall be paid as follows:
1. If the original permit was for one square yard through 20 square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is one square yard or larger.
2. If the original permit was for 21 square yards through 100 square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is more than 5% of the original.
3. If the original permit was for more than 100 square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is more than five square yards.
4. Such amended pavement restoration fee shall be applied for and any additional fees shall be paid within one week of the field change or prior to any new permit is issued to permittee.
(M) Relocation of facilities.
(1) General. The town shall bear no cost to relocate its existing facilities, irrespective of the function served, where the town facilities or other facilities occupying the public rights-of-way under authority of a town permit, license, or franchise must be relocated and the conflict between permittee's potential facilities and existing facilities can only be resolved expeditiously as determined by the town by moving the existing town or other approved facilities.
(2) Delay. If permittee fails to keep or provide accurate records to town or if permittee's relocation effort delays construction of a public project so as to cause the town to be liable for delay damages, permittee shall reimburse the town for those damages attributable to the delay created by permittee.
(3) Town costs. Except as otherwise provided in a license, franchise, or permit, or by other provision of law, the entire cost of relocation shall be borne by the town if permittee is required by the town to relocate facilities which are located in private easements obtained by permittee prior to dedicating the public rights-of-way from which facilities must be relocated. These prior rights of permittee would also be unaffected by any subsequent relocation. PRIOR RIGHTS as used in this division means private easements or other legally sufficient rights obtained by permittee prior to dedication of the public rights-of-way from which the facilities are requested by the town to be relocated.
(N) Rights reserved to town. Without limiting the rights that the town may otherwise have, the town hereby expressly reserves the following rights, powers and authorities:
(1) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the town.
(2) To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this section and the instruments issued under this section.
(3) To grant multiple, non-exclusive licenses, franchises, or permits within the town to other persons.
(O) Town police power; continuing jurisdiction.
(1) Police power. Permittee shall at all times be subject to the lawful exercise of the town's police power, including all ordinances, rules and regulations which the town has adopted or may adopt, and all laws, rules, regulations, order, and policies of the state and the United States government. In the event of a conflict between the provisions of this section and other provisions of the town standards, the stricter requirement shall apply.
(2) Continuing jurisdiction. The town shall have continuing jurisdiction and supervision over all facilities located within or on public rights-of-way. The daily administrative, supervisory, and enforcement responsibilities of the provisions of this chapter and any license or franchise shall be delegated and entrusted to the town manager to interpret, administer, and enforce the provisions of this chapter, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of facilities within the public rights-of-way.
(P) Violation. It shall be unlawful for any person to construct, locate, relocate facilities in or to otherwise work in, under, on or above the public rights-of-way except in compliance with the provisions of this chapter and any other applicable town standards, license, franchise or requirement.
(Ord. O2019.02, passed 11-14-2019)