(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 rights-of-way:
(1) All activities in the rights-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 permits, licenses, and authority and pay all fees required by this chapter or other applicable rule, law or regulation.
(2) The government 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 government's reasonable requirements; and may 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 section 17C-19. 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 director 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 rights-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 government'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 twenty-one (21) calendar days of the completion of those activities which caused the disturbance or damage by the party that disturbed or damaged the rights-of-way or public property. This time may be extended by the urban county engineer or his representative 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 Subsection 17C-22(d) 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 re-inspection and payable to the Director upon permit renewal pursuant to Subsection 17C-22(e) in addition to the amount of the original fee(s) provided for in Subsections 17C-22(c) and 17C-22(d) of this Chapter.
(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 rights-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 section 17C-15.
(d) Street trees. The removal or trimming of existing trees in the right-of-way shall comply with the government's street tree ordinance, tree protection ordinance, or the provisions of article 6-10, 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. Pursuant to section 17C-19 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 director, promptly relocate or remove facilities, or rearrange aerial facilities, if required by a tariff, state or federal law, a franchise agreement with the government, or the director in exercising his authority under section 17C-19.
(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 government for the best, most efficient, most aesthetic and least obtrusive use of the rights-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 government in any emergencies involving the rights-of-way as further provided in section 17C-15, 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 director 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 only to the government 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.
(h) Utility coordinating committee. Each registrant that provides utility services shall assign, on an annual basis, a representative to serve on the utility coordinating committee (the "committee"), which shall be established by the director. The membership of the committee shall consist of each registrant's representative and the director, and it shall meet on at least a quarterly basis, and otherwise as often as the director deems necessary. It shall be deemed a violation of this chapter if such a registrant fails to attend more than two (2) consecutive quarterly meetings or more than three (3) quarterly meetings in any calendar year. The committee shall:
(1) Make technical recommendations to the director for the efficient implementation of this chapter and discuss general issues pertaining to the management of the rights-of-way, including but not limited to coordination of utility activity in the rights-of-way, patching and restoration standards, permitting processes and inspections, the government's annual pavement ratings and plan, and other matters pertaining to this chapter and the management of the rights-of-way; and
(2) Review annual work plans of each utility that involve substantial activity in the rights-of-way and the right-of-way management and maintenance fund created under section 17C-27.
The committee shall make any formal recommendation by a simple majority vote of its members, and may elect officers annually, including a chairperson. The director shall create an agenda for each quarterly meeting and distribute it to the members of the committee along with any necessary supporting documentation at least five (5) days prior to the meeting.