§ 153.035 JOINT PLANNING AND CONSTRUCTION; COORDINATION OF EXCAVATIONS.
   (A)   Excavations in town rights-of-way disrupt and interfere with the public use of town streets and damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among the permittees making excavations in town rights-of-way and between these permittees and the town. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure the excavations in town rights-of-way are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the town.
   (B)   Any permittee owning, operating or installing facilities in town rights-of-way, providing water, sewer, gas, electric, communication, video or other utility services, shall meet annually with the Director, at the Director’s request, to discuss the permittee’s excavation master plan. At such meeting, to the extent not already in possession of the town, the permittee shall submit documentation, in a form required by the Director, showing a location of the permittee’s existing facilities in the town rights-of- way. The permittee shall discuss with the Director, its excavation master plan, and identify planned major excavation work in the town. The Director may make his or her own record on a map, drawing or other documentation, of each permittee’s planned major excavation work in the town; provided, however, that, no such document prepared by the Director shall identify a particular entity, or the planned major excavation work of that particular entity. The permittee shall meet with the Director to discuss an initial excavation master plan no later than 60 days after submitting its first permit application. Thereafter, each permittee shall submit annually, on the first regular business day of January, a revised and updated excavation master plan. Such revised and updated plan shall be submitted in both hard copy and digital format. As used in this section, the term PLANNED MAJOR EXCAVATION WORK refers to any future excavations planned by the permittee when the excavation master plan or update is submitted that will affect any town right-of-way for more than five days; provided that, the permittee shall not be required to identify future major excavations planned to occur more than three years after the date that the permittee’s master plan or update is discussed. Between the annual meetings to discuss planned major excavation work, the permittee shall use its bests efforts to inform the Director of any substantial changes in the planned major excavation work discussed at the annual meeting.
   (C)   The Director shall prepare a repaving plan showing the street resurfacing planned by the town. For purposes of this section, the repaving plan shall include a landscaping or other right-of-way improvement plan. The repaving plan shall be revised and updated on an annual basis after meeting to discuss the permittee’s and town department’s master plans and updates. The Director shall make the town’s repaving plan available for public inspection. In addition, after determining the street resurfacing work that is proposed for each year, the Director shall send a notice of the proposed work to all permittees that have had an annual meeting with the Director.
   (D)   Prior to applying for a permit, any person planning to excavate in the town’s rights-of-way shall review the town’s repaving plan on file with the Director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such rights-of-way.
   (E)   In performing location of facilities in the public rights-of-way in preparation for construction under a permit, the permittee shall compile all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit, and shall make that information available to the town in a written and verified format acceptable to the Director. If the permittee fails to provide the locate information requested by the town, the town may obtain this information and charge the Permittee the actual costs for obtaining the information.
   (F)   Prior to undertaking any work in the rights-of-way or related landscaping, the town may notify all permittees of the town work to be performed. Upon such notification, all permittees shall, within seven days, locate their facilities in the rights-of-way in which the work will be performed and provide documentation in a format acceptable to the Director of the permittee’s facilities in that right-of-way.
(Prior Code, § 165.15) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)