(a) Purpose. This chapter provides principles, procedures and fee schedules for the placement of Structures and Facilities, construction, excavation, encroachments and work activities within or upon any Public Rights-of-Way, in order to protect the integrity of the Public Rights-of- Way and to provide to the City compensation for the administrative costs and infrastructure costs incurred by the City in maintaining its Public Rights-of-Way. To achieve these purposes, it is necessary to require permits for any work in the Public Rights-of-Way, to establish permit procedures and to fix and collect fees and charges.
(b) Objectives. Public and private uses of public rights of way for location of Facilities employed in the provision of public services to the public should, in the interests of the general welfare, be accommodated; however, the City must insure that the primary purpose of the Right-of-Way for the passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of existing public and private installations, roadways, facilities and properties should be protected. Competing uses must be reconciled, and the public safety must be preserved. This chapter is intended to strike a balance between the public need for efficient, safe transportation routes and the use of Public Rights-of-Way for location of Facilities by public and private entities. It thus has several objectives:
(1) To insure that the public safety is maintained and that public inconvenience is minimized.
(2) To protect the City's infrastructure investment by establishing repair standards for the pavement, facilities, and property in the public rights of way, when work is accomplished.
(3) To facilitate work within the rights of way through the standardization of regulations.
(4) To maintain an efficient permit process.
(5) To conserve and fairly apportion the limited physical capacity of the public rights of way held in public trust by the City.
(6) To establish a public policy for enabling the City to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development.
(7) To promote cooperation among the Permittees (as defined herein) and the City in the occupation of the public rights of way, and work therein, in order to (i) eliminate duplication that is wasteful, unnecessary or unsightly, (ii) lower the Permittee’s and the City’s costs of providing services to the public, and (iii) minimize street cuts.
(8) To assure that the City can continue to fairly and responsibly protect the public health, safety, and welfare.
(Ord. 14-2002. Passed 1-8-02.)