A. Generally:
1. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within public rights of way in the city except as provided in this chapter.
2. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including, as applicable, Telcordia, the national electrical code and the national electrical safety code.
B. Construction Permits:
1. Generally:
a. No person shall construct or install any telecommunications facilities within a public right of way in the city without first obtaining a construction permit and paying the construction permit fee established by the council.
b. No permit shall be issued for the construction or installation of telecommunications facilities in the public rights of way unless the telecommunications carrier has first applied for and received a franchise pursuant to this chapter or previous grantees that have timely filed for, and are actively and expeditiously pursuing, a franchise renewal.
c. No permit shall be necessary for the installation of a customer specific wire ("a drop") by a franchise grantee where no excavation within the right of way occurs.
d. No permit shall be necessary for the installation of telecommunication facilities within a utility easement that is not otherwise within, under or over a public street, road, highway, bridge, alley, bikeway, sidewalk, trail or path.
e. Any construction permit fees paid under this subsection shall be deducted from the franchise fee paid by the permittee, as provided in Oregon Revised Statutes 221.515(3).
2. Permit Applications: Applications for permits to construct telecommunications facilities within a public right of way shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans, specifications and maps in sufficient detail for the public works superintendent to verify that:
a. The facilities will be constructed in accordance with all applicable codes, rules and regulations and that the facilities will be constructed in accordance with the franchise agreement.
b. The location and route of all facilities on or in the public rights of way to be installed aboveground or on existing utility poles. The location and route of all facilities to be located under the surface of the ground within the public rights of way. Existing facilities shall be differentiated on the plans from new construction.
c. The location of all of applicant's existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights of way along the underground route proposed by the applicant.
d. A typical cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right of way.
e. The application shall also be accompanied by computer generated electronic maps of the proposed installations in a format specified by the city unless the applicant demonstrates that the format utilized was developed by the applicant and is proprietary.
f. Identify if trees will be substantially trimmed, removed or replaced as a result of the areas disturbed during construction and which are within or adjacent to the public rights of way along the route proposed by the applicant. The applicant shall submit a plan, satisfactory to the city, for the replacement of such trees.
3. Construction Permit Fee: Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount to be determined by resolution of the city council. Such fees shall be deducted from any franchise fee paid by the permittee pursuant to Oregon Revised Statutes 221.515(3). Nothing in this subsection shall require a telecommunications utility to pay a permit fee unless the utility is providing telecommunication services in addition to exchange access services.
C. Traffic Control Plan: All work on, in, under, across or along any public rights of way shall be performed consistent with the "Uniform Manual On Traffic Control Devices", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
D. Construction Schedule: The permittee shall submit a written construction schedule to the superintendent of public works before commencing any work in or about the public rights of way. The schedule is subject to approval by the superintendent of public works, in cooperation with the permittee.
E. Locates: The permittee is responsible for becoming familiar with, and understanding the provisions of Oregon Revised Statutes chapter 757, governing the location of underground facilities (the "one call statutes"). Grantee shall comply with the terms and conditions set forth in the one call statutes. Every grantee under this chapter shall join and maintain membership in the Oregon utility notification center and shall comply with the rules adopted by the center regulating the notification and marking of underground facilities.
F. Compliance With Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The superintendent of public works and his representatives shall be provided access to the work site and such information that is not confidential, sensitive or proprietary as they may require to ensure compliance with such requirements.
G. Noncomplying Work: Upon order of the superintendent of public works, after reasonable notice and an opportunity to cure has been given, all work which does not comply with the permit, the approved plans and specifications for the work, the franchise agreement or the requirements of this chapter, shall be removed at the sole expense of the permittee.
H. Completion Of Construction: The permittee shall promptly complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work authorized by a permit within city rights of way, including restoration, must be completed within one hundred twenty (120) days of the date of issuance unless the city engineer agrees to a longer period.
I. Restoration Of Public Rights Of Way And City Property:
1. When a permittee, or any person acting on its behalf, does any work in or affecting any public right of way or city property, it shall, at its own expense, promptly remove any obstructions and restore such ways or property to as near the original condition as reasonably possible, unless otherwise directed by the city.
2. If weather or other conditions do not permit the complete restoration required by this subsection, the permittee shall temporarily restore the affected public rights of way or city property if directed to do so by the city public works superintendent. Such temporary restoration shall be at the permittee's sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. For the purpose of this subsection, "temporary restoration" means restoring the property to a safe condition permitting such use of the property as was made prior to the work being undertaken. Temporary restoration does not require paving, landscaping or surfacing of a permanent nature.
3. If the permittee fails to restore public rights of way or city property to as near the original condition as reasonably possible, the city shall give the permittee written notice and provide the permittee a reasonable period of time, not exceeding thirty (30) days (or such other reasonable time as agreed to by the parties), to restore the public rights of way or city property. If, after such notice, the permittee fails to restore the public rights of way or city property to as near the original condition as reasonably possible, the city shall cause such restoration to be made at the expense of the permittee.
4. A permittee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property.
5. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a franchise, license, or permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
6. All restoration work within the public ways shall be subject to the approval of the city's public works superintendent.
J. Construction And Completion Bond: Unless otherwise provided in a franchise agreement, or unless the city otherwise specifically approves an alternative security to assure performance, a performance bond written by a corporate surety acceptable to the city, and authorized to transact business in Oregon, equal to at least one hundred percent (100%) of the estimated cost of constructing grantee's telecommunications facilities within the public rights of way of the city shall be deposited before such new construction is commenced. Routine maintenance projects that do not disrupt other users of the rights of way shall not require a performance bond.
1. The performance bond shall remain in force until sixty (60) days after substantial completion of the work, as determined in writing by the city, including restoration of public rights of way and other property affected by the construction.
2. The performance bond shall guarantee, to the satisfaction of the city:
a. Timely completion of construction;
b. Construction in compliance with applicable plans, permits, technical codes and standards;
c. Proper location of the facilities as specified by the city;
d. Restoration of the public rights of way and other property affected by the construction; and
e. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. (Ord. 772, 4-19-2012)