(A) No burden on public rights-of-way. A permittee and its contractors and subcontractors and a permittee's system shall not unduly burden or interfere with the present or future use of any of the public rights-of-way within the city. A permittee shall erect and maintain its system so as to cause minimum interference with the use of the public rights-of-way and with the rights and reasonable convenience of property owners. The permittee's cables and wires shall be suspended or buried so as to not endanger or injure persons or property in the public rights-of-way. If the city in its reasonable judgment determines that any portion of the system located in the public right-of-way constitutes an undue burden or interference, the permittee at its sole cost and expense shall modify that portion of the system or take such other actions as the city may determine are in the public interest to remove or alleviate the burden, and the permittee shall do so within the time period established by the city.
(B) Restoration of property. A permittee and its contractors and subcontractors shall immediately restore, at the permittee's sole cost and expense and in a manner approved by the city, any portion of the public rights-of-way that is in any way disturbed, damaged, or injured by the construction, operation, maintenance or removal of the system to as good or better condition than that which existed prior to the disturbance. In the event that the permittee, its contractors or subcontractors fail to do so within the time specified by the city, the city shall be entitled to complete the work and the permittee shall reimburse the city for the costs of doing so or the city may draw upon the letter of credit or bond posted by the permittee, at the city's sole option.
(C) Easements. Upon the city's request, a rights-of-way user shall submit evidence of any easement or authorization to use private property for construction or operation of its services or system. Any easements over or under private property necessary for the construction or operation of a system shall be arranged for and obtained by the permittee. Any use or intrusion on private property without an easement or other instrument evidencing permission of the property owner shall constitute a trespass by the permittee and a violation of this chapter. Any easements over or under property owned by the city other than the public rights-of-way shall be separately negotiated with the city.
(D) Tree trimming. Subject to all applicable city ordinances, if any, permittee may trim trees upon and overhanging the public rights-of-way so as to prevent the branches of such trees from coming into contact with its system. The permittee shall minimize the trimming of trees to trimming only those trees that are essential to maintain the integrity of its system. No trimming shall be done in the public rights-of-way without previously informing the city. The permittee will use reasonable efforts to notify all affected property owners in advance of trimming trees on or adjacent to their properties.
(E) Pavement cut coordination/additional fees.
(1) A permittee shall coordinate all construction work in the public rights-of-way with the city's program for street construction, rebuilding, resurfacing and repair (collectively, "street resurfacing"). A permittee shall meet with the official of the city primarily responsible for the public rights-of-way at least twice per year to this end.
(2) The goals of such coordination shall be to require a permittee to conduct all work in the public rights-of-way in conjunction with or immediately prior to any street resurfacing planned by the city, and to prevent the public rights-of-way from being disturbed by a permittee for a period of years after such street resurfacing.
(3) In addition to any other fees or payments required by this chapter, a permittee shall pay to the city the sum set from time to time by City Commission resolution or ordinance for each foot cut into or excavation of any public rights-of-way, or portion thereof, which was subject to street resurfacing within 18 months prior to such cut or excavation. This fee is in addition to and not in lieu of the obligation to restore the public rights-of-way and is in addition to all other fees required by this chapter.
(F) Marking. A permittee shall mark any installations of its system which occur after the effective date of this chapter as follows:
(1) Aerial portions of its system shall be marked with a marker on its lines on alternate poles which shall state the permittee's name and provide a toll-free number to call for assistance.
(2) Direct buried underground portions of its system shall have:
(a) A conducting wire placed in the ground at least several inches above the permittee's facility (if such facility is non-conductive);
(b) At least several inches above that a continuous colored tape with the permittee's name and a toll-free phone number and a statement to the effect that an underground system is buried beneath; and
(c) Stakes or other appropriate above-ground markers with the permittee's name and a toll-free number indicating what system is buried below.
(3) Portions of its system located in pipe or conduit, including facilities of others used by a permittee, shall be marked at each manhole with the permittee's name and toll-free telephone number to call for assistance.
(G) Compliance with laws. A permittee shall comply with all laws, statutes, ordinances, rules and regulations regarding the installation, construction, ownership and use of its system, whether federal, state or local, now in force or which hereafter may be promulgated (including, without limitation, any ordinance requiring the installation of a reasonable amount of additional conduit when a permittee installs underground conduit for its system). Before any installation is commenced, the permittee shall secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the city or other governmental entity as may be required by law, including, without limitation, all utility line permits and highway permits. A permittee shall comply in all respects with applicable codes and industry standards, including but not limited to the National Electrical Safety Code (latest edition) and the National Electric Code (latest edition). A permittee shall comply with all zoning and land use ordinances and historic preservation ordinances as may exist or may hereafter be amended.
(H) Street vacation. If the city vacates or consents to the vacation of public rights-of-way within its jurisdiction, and such vacation necessitates the removal and relocation of a permittee's facilities in the vacated right-of-way, the permittee shall, as a condition of the permit, consent to the vacation and move its facilities at its sole cost and expense when ordered to so do by the city or a court of competent jurisdiction. The permittee shall relocate its facilities to such alternate route as the city, acting reasonably and in good faith, shall designate.
(I) Relocation. A permittee may request to relocate its facilities above, below or within a public right-of-way. After taking into consideration the public health, safety and welfare, the Director may grant, grant with conditions, or deny such request. The Director shall not unreasonably deny any request for a permit. A denial of any request may be appealed to the City Manager, who shall make the final decision. If the city requests a permittee to relocate, protect, support, disconnect, place underground or remove its facilities because of street or utility work, or other public projects, the permittee shall relocate, protect, support, disconnect, place underground or remove its facilities, at its sole cost and expense, to such alternate route as the city, acting reasonable and in good faith, shall designate. The work shall be completed within the time period designated by the city.
(J) Public emergency. The city shall have the right to sever, disrupt, dig-up or otherwise destroy facilities of a permittee, without any prior notice, if such action is deemed necessary by the Director, Police Chief, or Fire Chief or their designees because of a public emergency. Public emergency shall be any condition which, in the opinion of any of the officials named, poses an immediate threat to life, health, or property caused by any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, hazardous material spills, and so forth. The permittee shall be responsible for repair at its sole cost and expense of any of its facilities damaged pursuant to any such action by the city.
(K) “Miss Dig.” If eligible to join, a permittee shall subscribe to and be a member of "Miss Dig," the association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as amended, M.C.L.A. §§ 460.701 et seq., and shall conduct its business in conformance with the statutory provisions and regulations promulgated thereunder.
(L) Use of existing facilities; undergrounding. A permittee shall utilize existing poles, conduits, pipelines and other facilities wherever practicable, and shall not construct or install any new, different, or additional facilities unless expressly authorized by the permit. Where utility wiring is located underground, either at the time of initial construction or subsequent thereto, a permittee's system shall also be located underground unless otherwise expressly authorized by the permit. All undergrounding shall be at the sole cost and expense of the permittee.
(M) Underground relocation. If a permittee has its facilities on poles of a municipal electric utility, or any other public utility company and such utility relocates its facilities underground, the permittee shall relocate its facilities underground in the same location at permittee's sole cost and expense.
(N) Pole/conduit/trench license agreement; notification. If a permittee forfeits or otherwise loses its rights under a pole/conduit/trench license agreement with any entity, then permittee shall notify the City Manager in writing within 30 days.
(O) Identification. All personnel of a permittee and its contractors or subcontractors who have as part of their normal duties contact with the general public shall wear on their clothing a clearly visible identification card bearing their name and photograph. A permittee shall account for all identification cards at all times. Every service vehicle of a permittee and its contractors or subcontractors shall be clearly identified as such to the public with the permittee's name.
(P) Utility cabinets. Utility cabinets shall be subject to the following conditions:
(1) Proposed utility cabinets must not:
(a) Create an obstacle in the public rights-of-way;
(b) Block a driver's view of the street or sidewalk;
(c) Create an attractive nuisance to children;
(d) Interfere with essential services;
(e) Detract from the streetscape;
(f) Have a negative impact upon property owners' rights to attractive, well-maintained public spaces and rights-of-way.
(2) Placement of a utility cabinet shall not be:
(a) Within 15 feet of a fire hydrant;
(b) Within 20 feet of a crosswalk;
(c) Within 30 feet of an approach to a stop sign or traffic control signal located at the side of the road or within the lawn extension;
(d) In a place or manner that blocks egress from an emergency exit;
(e) Within ten feet of the intersection of a sidewalk or street and the edge of a driveway;
(f) Within 75 feet of the center of the intersection of two streets;
(g) Within ten feet of a tree;
(h) Within ten feet of a mailbox owned by the United States Postal Service;
(i) Within 30 feet of the approach to a bus stop;
(j) Within ten feet of an underground utility service (if the utility is ground-mounted);
(k) Within 850 feet of another utility cabinet;
(l) In a public right-of-way adjacent to the front lot line of a property.
(3) Utility cabinet specifications:
(a) There shall be only one cabinet per location; however, co-location in the same cabinet may be permitted if approved by the Director;
(b) Pole-mounted utility cabinets shall not exceed 30 inches in width, 12 inches in depth, and 72 inches in height, and shall be mounted a minimum of 12 inches above grade;
(c) Ground-mounted utility cabinets shall have a maximum height of five feet and shall not exceed 80 cubic feet in volume, not including a meter box. The meter box shall not exceed 22 inches in width, 9 inches in depth and 42 inches in height. Ground-mounted utility cabinets with or without meter boxes shall be mounted on a concrete pad that is not to exceed 100 square feet;
(d) Utility cabinets shall be dark brown or green and not display any advertising;
(e) Utility cabinets in the public rights-of-way shall be mounted with their width parallel to the street;
(f) Ground-mounted utility cabinets in public parks shall be landscaped with plant material sufficient to screen the cabinet from view. The cabinet owner shall maintain the landscape materials and replacement of them if damaged at the owner's cost;
(g) All utility cabinets shall clearly display on the front of the cabinet an identifying number as well as the owner's name, address, and emergency phone number;
(h) Utility cabinets shall be maintained in good repair, and in a structurally sound and sanitary condition. The existence of graffiti, stickers or other similar defacement of a utility cabinet shall constitute an unsanitary condition. Failure of a cabinet owner to comply with this division shall authorize the city to cause the proper restoration to be made at the cabinet owner's expense. To ensure compliance with this division, utility cabinets shall be inspected by the cabinet owner on at least a bi-annual basis.
(Ord. 895, passed 10-13-03; Am. Ord. 960, passed 11-8-10)