(A) A person is subject to reasonable police power regulation of the city to manage its public rights-of-way in connection with the construction, expansion, reconstruction, maintenance, or repair of facilities in the public rights-of-way, pursuant to the city’s rights as a custodian of public property, based upon the city’s historic rights under state and federal laws.
(B) These regulations include, but are not limited to, the following.
(1) At the city’s request, a person shall furnish the city accurate and complete information relating to the construction, reconstruction, removal, maintenance, and repair of facilities performed by the person in the public rights-of-way.
(2) A person shall be required to place certain facilities within the public rights-of-way underground absent a compelling demonstration by the person that, in any specific instance, this requirement is not reasonable, feasible, or is it equally applicable to other similar users of the public rights-of-way.
(3) A person shall perform excavations and other construction in the public rights-of-way in accordance with all applicable city requirements, including the Engineering Division Detailed Standards for Public Right-of-Way Construction (“Detailed Standards”), as may be revised from time to time in accordance with the city’s police powers, and the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public right-of-way. The city shall waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the city by the person. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. A person shall follow all reasonable construction directions given by the city in order to minimize any such interference.
(4) (a) A person must obtain a permit, as reasonably required by applicable city codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation, or maintenance of the person’s facilities. A construction permit is not required for routine maintenance that does not require excavation of the public rights-of-way or which does not block traffic lanes or sidewalks during peak traffic periods from 7:00 a.m. to 9:00 a.m. and 3:30 p.m. to 6:30 p.m. on weekdays, or for more than 2 hours during any non-peak traffic period between 9:00 a.m. and 3:30 p.m.; however, any construction standards in the Detailed Standards shall remain applicable. Once a permit is issued, the person shall give to the city a minimum of 48 hours’ notice (which could be at the time of the issuance of the permit) prior to undertaking any of the above listed activities on its facilities in, on, or under the public rights-of-way. The failure of the person to request and obtain a permit from the city prior to performing any of the above listed activities in, on, or over any public right-of-way, except in an emergency as provided for in division (B)(11) below, will subject the person to a stop-work order from the city and enforcement action pursuant to the city code of ordinances. If the person fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit, unless extended for good cause by the city.
(b) A person required to obtain a permit from the city in the paragraph above shall place a refundable cost deposit with the city as follows:
1. Routine maintenance: $500;
2. Minor construction (defined as excavation, construction, installation, expansion, repair, removal, relocation, or maintenance involving a section, or aggregate total of sections, of 500 yards or less, in any 1-week period): $1,000; or
3. Major construction (required when a person is otherwise required to obtain a permit under this section, or any other section of this subchapter): $2,000.
(5) When a person completes construction, expansion, reconstruction, removal, excavation, or other work, the person shall promptly restore the public rights-of-way in accordance with applicable city requirements. A person shall replace and properly re-lay and repair the surface, base, irrigation system, and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance, or repair of the person’s facilities within 30 calendar days after completion of the work in accordance with existing standards of the city in effect at the time of the work, unless extended by the city for good cause.
(6) Upon failure of a person to perform any such repair or replacement work, and 5 days after written notice has been given by the city to the person, and in the event repairs have not been initiated during that 5-day period, the city may repair the portion of the public rights-of-way as may have been disturbed by the person, its contractors, or agents. Upon receipt of an invoice from the city, the person will reimburse the city in accordance with the Detailed Standards within 30 calendar days from the date of the city invoice.
(7) Should the city reasonably determine, within 1 year from the date of the completion of the repair work, that the surface, base, irrigation system, or landscape treatment requires additional restoration work to meet existing standards of the city, a person shall perform the additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(8) Notwithstanding the foregoing in division (B)(7), if the city determines that the failure of a person to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the city may undertake emergency repairs and restoration efforts, after emergency notice has been provided, to the extent reasonable under the circumstances, and the person failed to respond within the reasonable time specified by the city. A person shall promptly reimburse the city in accordance with the Detailed Standards for all costs incurred by the city within 30 calendar days from the date of the city invoice.
(9) A person shall furnish the city with the application for the construction permits, construction plans, and maps showing the location and proposed routing of new construction or reconstruction at least 5 business days before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the public rights-of-way unless otherwise extended by the city. A person may not begin construction until the location of new facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the city, which approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the facilities and routing.
(a) All plans submitted to the city shall be submitted both in paper form and in electronic form in a format acceptable to the city (such as dxf files and the like).
(b) Within 20 days of the completion of any use of the right-of-way by a person for which a permit is required under this subchapter, the person shall submit as-built plans to the city, in paper and electronic form.
(10) If the City Administrator declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a person shall remove or abate the person’s facilities by the deadline provided in the City Administrator’s request. The person and the city shall cooperate to the extent possible to ensure continuity of service. If the person, after notice, fails or refuses to act, the city may remove or abate the facility, at the sole cost and expense of the person, without paying compensation to the person and without the city incurring liability for damages.
(11) Except in the case of customer service interruptions and imminent harm to property or person (“emergency conditions”), a person may not excavate the pavement of a street or public rights-of- way without first complying with city requirements. The City Administrator or designee shall be notified as promptly as possible regarding work performed under emergency conditions, and the person shall comply with the requirements of city standards for the restoration of the public rights-of-way.
(12) On an annual basis as of January 31 of each year, the city street map in § 95.18(D) shall be updated with any new facilities from the previous year.
(13) The city may require reasonable bonding requirements of a person, as are required of other entities that place facilities in the public rights-of-way. The City Administrator or his or her designee may waive or reduce the bonding requirements in a nondiscriminatory, competitively neutral manner, taking into consideration both that the person has furnished the city with reasonable documentation to evidence adequate financial resources substantially greater than the bonding requirements, and has demonstrated in prior right-of-way construction activity, prompt resolution of any claims and substantial compliance with all required applicable building codes and ordinances.
(14) In determining whether any requirement under this section is unreasonable or unfeasible, the City Administrator or his or her designee shall consider, among other things, whether the requirement would subject the person or persons to an unreasonable increase in risk or service interruption, or to an unreasonable increase in liability for accidents, or to an unreasonable delay in construction or in availability of its services, or to any other unreasonable technical or economic burden.
(Ord. 480, passed 3-21-2000; Am. Ord. 618, passed 1-22-2008) Penalty, see § 95.99