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 city. In addition, if the facility is a wireless facility, it shall comply with the requirements of the Lake Havasu City Standard Terms and Conditions and Design Standards for wireless facilities, including the requirement to obtain a 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 city standards.
2. The application for the permit shall include all information required in Chapter 11.04.
3. Each permittee is responsible for:
a. Ensuring that its facilities are installed, constructed and maintained in strict compliance with city standards, by an appropriately licensed contractor;
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 city and so that the facility does not interfere with other uses or users of the public rights-of-way or city utility easement. This subsection shall not serve to limit the requirement of any other provision of this code or any license, permit, or franchise issued by the city.
6. A permit to work in the public right-of-way which requires excavation of a paved right-of-way shall comply with this subsection, 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 city 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 public rights-of-way, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching shall be used.
C. Permittee may be required to coordinate efforts for the use of joint trenches for the public benefit in accordance with Maricopa Association of Governments (MAG) standards and specifications as approved by the City Engineer.
D. Pedestrian and traffic safety.
1. 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 secured in place to not allow plating to move and asphalt transitions on all four sides with the appropriate signage and shall be maintained at all times. When plating is used and results in more than a one-half-inch differential between the pavement surface and the plate top, a cold patch wedge will be placed as a transition.
2. Open trenches, holes, etc., adjacent to the roadway, in or adjacent to the public right-of-way will be protected against danger to pedestrians and bicyclists by the appropriate measures.
3. Temporary patching (cold mix AC) will be placed as needed to ensure the safety of the traveling public and monitored to ensure it does not degrade over time.
4. Bump or hazard signs will be placed and maintained appropriately to warn of any and all hazards.
5. Any deviation from these requirements will be at the discretion of the city.
E. 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 city upon request or at such periodic intervals as the city may require. In order for the city 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 city with the location of the underground and above-ground facilities in a format compatible with the current city mapping format.
F. 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 city, restore the property disturbed in a manner consistent with city standards, or as required by its permit, license, or franchise which may incorporate special standards when required for city 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. Permittee shall use the submitted pre-construction photos to ensure properties are restored as existed prior to the work.
G. City'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-of-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 city. At the city's request, permittee shall relocate its facilities at permittee's expense (unless state law expressly requires otherwise). Upon the city's request, by a time specified by the city, if permittee fails to move its facilities, the city may do so and bill permittee the costs of relocation, which costs permittee shall pay within 30 calendar days after permittee receives the invoice. Permittee shall reimburse the city any additional cost, including but not limited to design and construction costs, incurred by the city due to the delay in location or relocation of permittee's facilities.
H. 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.
I. Location and maintenance of above-ground facilities. The city 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 city 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. All graffiti on the permittee's above ground facilities will be covered over or removed within one business day of receiving a notification from the city. If the city finds any of permittee's above-ground facilities are not maintained in good condition, permittee shall correct such condition within three three business days of receiving notice from the city.
J. Undergrounding of new facilities. No new poles or wires shall be erected in the city above the surface of the ground unless a permit is first secured from the city, 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 city's subdivision ordinance.
K. Plans. All facilities shall be installed per plans prepared by a registered professional engineer and approved by the city 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 city, except where those same poles are scheduled to be replaced with buried facilities. The city may require permittee to prove that it has such permission from the owner to use the owner's facilities.
2. The installation of new poles or longer poles in the public rights of way for any new facilities will be based on a determination of need for service by the utility with approval by the city.
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.
L. Conflict with city projects.
1. Identification of conflict. If, during the design process of public improvements, the city 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 city for the cost resulting from the use of such location service. The city 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 city's request.
2. Priority right. The city 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 city determines permittee's facilities are in conflict, the following shall apply:
a. Prior to the city 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 city. If the city and permittee agree, the time to remove may be extended, based on requirements of the city's project.
b. Subsequent to city notice to proceed to contractor: The city 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 city to proceed.
M. Damage to city 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 city, 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 city standards, the city 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 city for its expense in so doing within 30 days after receipt of the invoice therefore.
2. As used in this subsection:
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 sub-base and restoring the base material and then completely re-paving for a distance approved by the City 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 City Engineer.
d. The date of construction, reconstruction or renovation shall be the date such work was accepted by the city.
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 five 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 city, 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 subsections M.3.a through M.3.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). All renovations shall comply with the city standards. The permittee may elect to fully reconstruct the paved right-of-way in accordance with specifications provided by the City Engineer.
b. For excavation commencing five years or later after the paved right-of-way is new (as defined in subsection L.2.), 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) in compliance with the city standards.
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 city standards. Curb and gutter replacement shall be a minimum of one full section. Sidewalk replacement shall be a minimum of one full panel. Tunneling under existing sidewalk will not be allowed in the public 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 cold 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 City standards.
N. Relocation of facilities.
1. General. The city shall bear no cost to relocate its existing facilities, irrespective of the function served, where the city facilities or other facilities occupying the public rights-of-way under authority of a city 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 city by moving the existing city or other approved facilities.
2. Delay. If permittee fails to keep or provide accurate records to city or if permittee's relocation effort delays construction of a public project so as to cause the city to be liable for delay damages, permittee shall reimburse the city for those damages attributable to the delay created by permittee.
3. City 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 city if permittee is required by the city 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 subsection 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 city to be relocated.
O. Rights reserved to city. Without limiting the rights that the city may otherwise have, the city 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 city.
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 city to other persons.
P. City police power; continuing jurisdiction.
1. Police power. Permittee shall at all times be subject to the lawful exercise of the city's police power, including all ordinances, rules and regulations which the city 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 city standards, the stricter requirement shall apply.
2. Continuing jurisdiction. The city 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 article and any license or franchise shall be delegated and entrusted to the department to interpret, administer, and enforce the provisions of this article, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of facilities within the public rights-of-way.
Q. 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 city standards, license, franchise or requirement.
(Ord. 21-1266, passed 9-28-2021)