(A) No utility or other entity shall install facilities in any public right-of-way or private roadway within the city unless a permit is first obtained.
(B) No utility or other entity shall install facilities in, on, over or under land elsewhere in the city unless a permit is first obtained.
(C) The installation of facilities shall be made in such a manner as to make the most efficient use of the area available for placement of public utilities and to facilitate the use of the area by other public utilities and so as not to conflict with utility installations proposed by the city. Installations shall be based on standards contained within the ordinances of the city and on the following standards:
(1) Plan requirements.
(a) The plans for the installation of new facilities must show, at a minimum, the following:
1. For the area 25 feet on either side of the proposed facility (including, but not limited to all proposed structures, transmission lines, and underground routing), the following items must be provided:
a. Two-foot contours or strip topography of elevations;
b. All structures, manholes, fire hydrants, trees or any other physical objects;
c. Any and all property lines; and
d. Any and all water courses.
2. Location of the proposed facility, including proposed invert elevations of all structures, piping or appurtenances.
3. Length and size of each section of proposed pipe between structures.
4. A minimum of two benchmarks consistent with the datum utilized by local standards.
5. Any property lines within 50 feet of the proposed facility.
6. Proprietor information.
7. Parcel identification number and/or addresses of all parcels and adjacent parcels.
8. Road names.
9. North arrow.
10. Note if the proposed facility will be located within 500 feet of a lake or stream.
11. Provide a scale of a minimum of 1 inch = 50 feet.
12. A location map, with a scale and north arrow, showing the location of the proposed facility in relation to the surrounding area.
(b) For proposed facilities within road rights-of-way or adjacent to private or public roadways, the following additional items must be shown:
1. All existing facilities within the road right-of-way or within 25 feet either side of the proposed facility;
2. Pavement type and limits;
3. Existing and proposed right-of-way lines; and
4. Separate detail of each above-ground facility indicating all their dimensions.
(c) For proposed above-ground facilities, the following additional items must be shown:
1. If proposed within the sight triangle of the right-of-way, strip topography of elevations within 50 feet of the proposed facility to verify no sight obstructions;
2. Dimensions of the facility from existing pavement, property lines, right-of-way lines and other facilities;
3. Indicate proposed parking location, dimensions and method (i.e. gravel, grass pavers, and the like) to limit disruption for maintenance vehicles. Parking, driving, or standing on non-motorized pathways is prohibited; and
4. Show compliance with AASHTO standards for above-ground facility placement.
(d) A landscaping plan indicating plant material of sufficient height and density to screen any above-ground proposed facility, is required. Said plant material shall be replaced as necessary by the Utility. (See also, St. Johns Zoning Ordinance, Article X, § 5.1005 for acceptable and prohibited plant material/species).
(2) Standards for the installation of utilities in the road rights-of-way or in private easements.
(a) Generally, proposed facilities must run in straight lines and parallel to road rights-of-ways and/or existing facilities.
(b) Road crossings should be at a 90 degree angle to the road.
(c) The facilities must not be located within the zone of influence of an existing or proposed sanitary sewer or water main. All underground facilities must maintain a minimum vertical clearance of 18 inches.
(d) If the facilities are proposed to be located in a public right-of-way, any above-ground facilities shall be placed at the extension of existing property lines that are perpendicular to the road right-of-way.
(e) Facilities proposed to be located above-ground must be installed in accordance with the relevant/current AASHTO requirements.
(f) Facilities proposed to be located above-ground are prohibited within any crash zone, and must be a minimum of two feet off of any pathways or sidewalks per relevant/current AASHTO standards.
(g) Facilities proposed to be located underground must be installed at least four feet below the center line of the road.
(h) The schedule of standard utility locations, as established by the city, shall be followed on all new streets and on existing streets.
(i) All pathways and sidewalks must be restored to current ADA requirements.
(j) Right-of-way approval from the Clinton County Road Commission is required for rights-of-way within their jurisdiction, prior to the issuance of a construction permit.
(k) If the facility is proposed on private property, the utility must obtain the consent of the property owner(s).
(l) Any zoning variances that may be required must be addressed with the city.
(m) A cash bond or letter of credit in an amount to be determined by the city may be required prior to the issuance of the construction permit. In the alternative, the utility may execute an agreement with the city agreeing to the following: If the city incurs expenses as a result of the utility’s occupation or use of the public right-of-way, upon receipt of an invoice for said expenses, the utility will immediately reimburse the city the stated expenses. In addition, if collection efforts are required, and the utility is unsuccessfully in a challenge to the invoice, then the utility will agree to reimburse the city the cost incurred in the collection of the invoice.
(3) Use of public right-of-way.
(a) No burden on public right-of-way. The utility, its contractors, subcontractors, and its facilities shall not unduly burden or interfere with the present or future use of any of the public right-of-way. A utility’s facilities shall be installed and maintained so as to not endanger or injure persons or property in or about the public right-of-way. If the city reasonably determines that any portion of the facilities constitutes an undue burden or interference, due to changed circumstances, utility, at its sole expense, shall modify the facilities or take such other actions as the city may determine is in the public interest to remove or alleviate the burden, and the utility shall do so within a reasonable time period.
(b) Restoration of property. Utility, its contractors and subcontractors shall immediately restore, at the utility’s sole cost and expense, in a manner approved by the city, any portion of the public right-of-way that is in any way disturbed, damaged, or injured by the construction, installation, operation, maintenance or removal of the facilities to a reasonably equivalent (or, at utility’s option, better) condition as that which existed prior to the disturbance. In the event that the utility, its contractors or subcontractors fail to make such repair within a reasonable time, the city may make the repair and the utility shall pay the costs the city incurred for such repair.
(c) Installation and maintenance. The construction and installation of the facilities shall be performed pursuant to plans approved by the city. The open cut of any public right-of-way shall be coordinated with the City Engineer, Zoning Administrator or his/her designee. The utility shall install and maintain the facilities in a reasonably safe condition. If the existing poles in the public right-of-way are overburdened or unavailable for the utilities use, or the facilities of all users of the poles are required to go underground then the utility shall, at its expense, place such portion of its facilities underground, unless the city approves an alternate location. The utility may perform maintenance on the facilities without prior approval of the city, provided that the utility shall obtain any and all permits required by the city in the event that any maintenance will disturb or block vehicular traffic or are otherwise required by the city.
(d) pavement cut coordination. The utility shall coordinate its construction work in the public right-of-way its program for street repaving and resurfacing with the city (collectively known as “street construction” and “street resurfacing”). The goals of such coordination shall be to encourage the utility to conduct all work in the public right-of-way in conjunction with or immediately prior to any street construction or street resurfacing planned by the city.
(e) Street vacation. If the city vacates or consents to the vacation of public right-of-way within its jurisdiction, and such vacation necessitates the removal and relocation of the utility’s facilities in the vacated public right-of-way, the utility shall remove its facilities at its sole cost and expense when ordered to do so by the city or a court of competent jurisdiction. The utility shall relocate its facilities to such alternate route as the city and the utility mutually agree, applying reasonable engineering standards.
(f) Relocation. When the city requests the utility to relocate, protect, support, disconnect, or remove its facilities because of street or city utility work, or other public projects, the utility shall relocate, protect, support, disconnect, or remove its facilities, at its sole cost and expense, including where necessary to such alternate route as the city and the utility mutually agree, applying reasonable engineering standards. The work shall be completed within a reasonable time period.
(g) Public emergency. The city shall have the right to sever, disrupt, dig-up or otherwise destroy facilities of the utility if such action is necessary because of a public emergency. If reasonable to do so under the circumstances, the city shall attempt to provide notice to the utility. Public emergency shall be any condition which 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, water main breaks, hazardous material spills, and the like. The utility shall be responsible for repair at its sole cost and expense of any of its facilities damaged pursuant to any such action taken by the city.
(h) Miss dig. If eligible to join, the utility 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.
(i) Underground relocation. If the utility has its facilities on the poles of Consumers Energy, Verizon or another electric or telecommunications provider and Consumers Energy, Verizon or such other electric or telecommunications provider relocates its system underground, then the utility shall relocate its facilities underground in the same location at the utility’s sole cost and expense.
(j) Identification. All personnel of the utility 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 the utility’s name, their name and photograph. The utility shall account for all identification cards at all times. Every service vehicle of the utility and its contractors or subcontractors shall be clearly identified as such to the public, such as by a magnetic sign with utility’s name and telephone number.
(4) Removal.
(a) Removal; underground. As soon as practicable after the utility has discontinued the use of its facilities, the utility, or its successors and assigns shall remove all of its facilities from the public right-of-way which has been installed in such a manner that it can be removed without trenching or other opening of the public right-of-way. The utility shall not remove any underground portions of the facilities which requires trenching or other opening of the public right-of-way except with the prior written approval of the City Engineer, Zoning Administrator or other designee of the city. All removals shall be at utility’s sole cost and expense.
(b) Removal; above ground. As soon as practicable after the utility has discontinued the use of its facilities, the utility, or its successor or assigns at its sole cost and expense, shall, unless waived in writing by the City Building and Zoning Administrator, remove from the public right-of-way all above-ground elements of its facilities, including but not limited to poles, pedestal mounted terminal boxes, equipment cabinets, consoles and lines attached to or suspended from poles.
(c) Schedule. The schedule and timing of removal shall be subject to approval by City Engineer, Zoning Administrator or other designee of the city. Unless extended by the city, removal shall be completed not later than 12 months following the discontinuance. Portions of the facilities in the public right-of-way which are not removed within such time period shall be deemed abandoned and, at the option of the city, exercised by written notice to the utility, title to those portions of the abandoned facilities shall vest in the city.
(Ord. 580, passed 3-9-2009) Penalty, see § 117.99