§ 98.105  PURPOSE AND SCOPE.
   (A)   Purpose. The purpose of this subchapter is to establish policies and procedures for constructing facilities on 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.
   (B)   Intent. In enacting this subchapter, 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, by establishing uniform standards to address issues presented by utility 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 utility 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, particularly the tree-lined parkways that characterize the city’s residential neighborhoods;
      (8)   Prevent visual blight from the proliferation of facilities in the rights-of-way; and
      (9)   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
   (C)   Facilities subject to this subchapter.
      (1)   This subchapter applies to all facilities on, over, above, along, upon, under, across or within the rights-of-way within the jurisdiction of the city.
      (2)   A facility lawfully established prior to the effective date of this subchapter 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.
      (1)   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.
      (2)   Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement.
      (3)   In such an agreement, the city may provide for terms and conditions inconsistent with this subchapter.
   (E)   Effect of franchises,  licenses or similar agreements.
      (1)   Utilities  other than telecommunications providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the city, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
      (2)   Telecommunications providers. In the event of any conflict with, or inconsistency between, the provisions of this subchapter and the provisions of any franchise, license or similar agreement between the city and any telecommunications provider, 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 subchapter. This subchapter supersedes all ordinances or parts of ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict.
   (G)   Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this subchapter, the utility shall comply with the requirements of this subchapter to the maximum extent possible without violating federal or state laws or regulations.
   (H)   Sound engineering judgment.
      (1)   The city shall use sound engineering judgment when administering this subchapter and may vary the standards, conditions and requirements expressed in this subchapter when the city so determines.
      (2)   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.
(Prior Code, § 37-90)  (Ord. 07-37, passed 10-15-2007)