(A) General. If the work to be performed in a public right-of-way involves the installation, construction, erection, replacement or relocation of any facilities, a permit shall be obtained from the Public Works Department. Such permit shall be issued on such conditions as are reasonable and necessary to ensure compliance with the terms and conditions of town standards. The application shall include all information required in § 152.02 of this chapter. Each permittee is responsible for ensuring that its facilities are installed, constructed and maintained in strict accordance with town standards; that all required licenses, franchises and other permits are applied for and obtained before any work commences; and that the terms and conditions thereof are strictly followed. Where a facility is used by more than one permittee, each permittee is fully responsible for ensuring that all requirements are satisfied. Facilities shall be installed, constructed and maintained so that no additional provision of this code, the Zoning Code or the Subdivision Code, or the provisions of any license, permit, or franchise issued by town shall be violated. This shall require, at a minimum, compliance with the provisions of this section.
(B) Joint use of trenches. In order to minimize degradation of streets, traffic impacts and other interference with the use of public right-of-ways, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching is utilized. The Public Works Department shall adopt rules to facilitate joint trenching in the public right-of-ways.
(C) Traffic safety. The facilities to be constructed, installed, operated, and maintained by the permittee shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the right-of-way. Those phases of construction relating to traffic-control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the Council.
(D) Records. The permittee shall keep accurate records of the location of all facilities in the right-of-way and furnish them to the town upon request or at such periodic intervals as the town may require. In order for the town to regulate users in the right-of-way, upon completion of new or relocation construction of underground facilities in the right-of-way, the permittee shall provide the town with the location of the underground and aboveground facilities in a format compatible with the current town mapping format.
(E) Landscaping. Landscaping, whether in the public rights-of-way or on private property, which is damaged by a permittee shall be restored to its condition as it existed prior to the work. A permittee shall exercise special care when working near established trees or shrubs. If established trees or shrubs die within six months of completion of work by a permittee, it is presumed that the permittee caused such damage if the work performed was in the location of the roots of such tree or shrub.
(F) Town’s facilities. The installation, use and maintenance of the permittee’s facilities within the right-of-way authorized herein shall be in such a manner as not to interfere with placement, construction, use, and maintenance of public rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other utility systems that have been, or may be, installed, maintained, used or authorized by the town. Upon the town’s request, the permittee’s facilities will be relocated at permittee’s expense (unless state law expressly requires otherwise). Upon the town’s request, by a time specified by the town, if the permittee fails to move its facilities, the town may do so and will bill the permittee the costs therefor and the permittee shall pay those costs within 30 days after its receipt of the invoice therefor. Further, the permittee shall reimburse the town any additional cost the town incurs due to the location or relocation of the permittee’s facilities, including all design and construction costs.
(G) Interference. The permittee shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the right-of-way.
(H) Location and maintenance of aboveground facilities. The location of aboveground facilities, such as boxes, cabinets and similar equipment or appurtenances, require the approval of the town prior to installation. The permit shall set forth the location of such aboveground facilities. If the Director determines that a proposed location would impair traffic visibility or visibility of existing signage or would substantially harm existing landscaping, or that similar conditions exist which would justify a denial of a permit in that location, the permit shall be denied. Aboveground facilities shall be maintained in good condition. If the town finds any of permittee’s aboveground facilities are not maintained in good condition, permittee shall correct such condition within three business days of receiving notice from the town.
(I) Plans. All facilities shall be installed per plans prepared by a registered professional engineer. All plans shall be approved by the town before the work commences. A permittee may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit, and such permission is verified by the town except where those same poles are scheduled to be replaced with buried facilities. The town may require the permittee to prove that it has such permission from the owner to use the owner’s facilities. No new poles, or longer poles, will be permitted in the public right-of-ways for any new facilities except where otherwise required or permitted by law. If permittee installs facilities on existing poles as provided herein, the permittee shall bury or remove its facilities if such poles are removed and not replaced in kind for any reason. If the permittee makes use of existing conduit of another person, the permittee shall be subject to the provisions of this section in the use of such conduit in the public right-of ways. As used herein, a pole installed to replace a damaged pole or to remedy a safety hazard and which is substantially the same size as the pole being replaced shall not be considered to be a new pole.
(J) Repairs. A permit shall be obtained from the Public Works Department prior to a person removing, relocating, or reconstructing, if necessary, any portion of a person’s facilities. Notwithstanding the foregoing, the town understands and acknowledges there may be instances when a person is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The permittee will notify the town prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.
(K) Failure to complete work. If the permittee fails to complete the work authorized by the permit within the time period set forth in the permit, or an extended period of time as authorized by the Director, the town may draw on the letter of credit to complete the work.
(L) Completion of work. Upon completion of work authorized by a permit, the permittee shall request a final inspection. The permittee, at the permittee’s expense shall:
(1) Restore the public and private improvements, including landscaping, in the right-of-way;
(2) Restore natural features, including vegetation, in the right-of-way;
(3) Remove any encroachments owned by permit holder (that are not permitted); and
(4) Take other actions to return the right-of-way to its public uses.
(M) Stop work order. If the Director determines that work in the right-of-way is being conducted in a manner that is contrary to the provisions of this chapter or presents a public health or safety threat, the Director is authorized to issue a written stop work order. The stop work order shall state the reason for the order and the conditions under which it may resume. Upon receipt, the permittee shall immediately cease work.
(N) Letter of acceptance. Upon acceptance, the Director shall issue a letter of acceptance. The warranty period required by the mag standards begins on the date the Director issues the letter of acceptance.
(O) Damaging of right-of-way. A permittee who damages right-of-way or public improvements in the right-of-way shall reimburse the town the expense of repairing the damage.
(Ord. 21-04, passed 3-11-2021)