(A) Grandfathered facilities. All existing facilities in the PROW as of the date of adoption of this chapter shall be grandfathered and not subject to this chapter, until such time as an authorization as required under this chapter is needed.
(B) Work requiring an application. Persons and users of the PROW shall make application to the Department for the following activities in the PROW, and obtain the necessary authorizations and permits before initiating the work:
(1) The construction of one or more new poles or other structures, or the replacement of such;
(2) The installation of facilities for electrical, gas, video, internet, telephone, cable, hardline or wireless telecommunications, television or other information or data transfer service to customers within the city;
(3) The excavation or disturbance of the surface within the PROW, including, but not limited to, construction of new portions of the PROW;
(4) The cutting, moving, alteration or modification of any pipe, conduit, pole or other support structure, meter, hydrant, telecommunications facility or other equipment or structure, or attachment to such structures or facilities;
(5) The modification of facilities within the PROW, including, but not limited to, equipment enclosures associated with equipment on a utility pole or other support structure, and placing new facilities or equipment on structures already located in the PROW; and
(6) The installation or modification of facilities used for the conveyance of utility or utility-like services, including, but not limited to, water, sewer, storm water, electricity, hardline or wireless telecommunications irrespective of the medium or technology used that involves any safety, aesthetic or visual intrusion or impact issues.
(C) Authorizations, franchises, licenses, permits, and other approvals. Depending upon the work involved, including, but not limited to, the degree or extent of the physical or visual impact involved, the Department may in its discretion require an authorization, as well as one or more types of permits such as a building, electrical, excavation and street and/or curb cutting permit for the work described in division (B) above, and may require submission of all information it deems relevant and necessary for the receipt of an authorization(s). The Department shall determine, in its discretion, whether authorization shall be required for work described in division (B) above and for users with facilities in the PROW.
(D) Unlawful to do work without authorizations; emergency. Except in the event of an emergency, it shall be unlawful to do work in the PROW or maintain facilities in the PROW without the required authorization and permits. In the event of an emergency, a person may do such work as is necessary to address, and if necessary and remedy the emergency situation, but only the emergency situation, and shall immediately notify the city of such. Application shall immediately be made for necessary authorizations from the city, notwithstanding that due to the emergency nature of the work, work may have started or been completed, and all required fees shall be paid even if after the fact.
(E) Standards. The Department shall develop standards and requirements for PROW franchises, licenses, permits and other approvals, and may include conditions to such documents, so long as the conditions are not unreasonably discriminatory as regards functionally equivalent users of the PROW. Such standards and requirements shall be applicable for any person doing work in the PROW, even if a franchise or license may not be required.
(F) List of contractors. The Department may require that applicants and persons who contract to have work performed in the PROW maintain an updated list of the contractors working on their projects, and acknowledge and assume responsibility for the actions of the contractors. All contractors working in the PROW must obtain a business license from the city.
(G) Fees; escrow deposits/accounts.
(1) All amounts paid to the city shall:
(a) Be reasonable;
(b) Be cost-based; and
(c) Reflect the fully-allocated cost(s) to the city.
(2) The Department shall charge such fees as are authorized by the City Council for:
(a) Applications for authorizations;
(b) The review of information and plans in the pursuit of an authorization;
(c) The conduct of inspections and reinspections;
(d) Verification of the accuracy and correctness of information;
(e) Oversight or administration of proposed ongoing or completed activities;
(f) Negotiation of a franchise or license; and
(g) For any other work involved in the review of an application or request for authorization.
(H) Escrow deposit(s). For the convenience of applicants, the Department may allow applicants to establish and fund escrow accounts or other similar types of accounts with the city to which fees may be charged and from which payment may be withdrawn, as long as the amount of any withdrawal is replaced within 30 calendar days of the date of withdrawal. Upon 30 days’ notice, any person having established an escrow account may request the return of any unexpended portion of an escrow account, and such shall be returned, so long as there are no facilities belonging to that person or user that have not been granted a COC and there are no amounts owed the city for any other non-tax reason that are more than 30 days in arrears.
(I) Reinspection fees. The Department shall charge fees on a fully-allocated basis and as are authorized by the City Council for additional reviews and inspections required for work not completed to city standards and/or work that damages existing infrastructure, as well as restoration of disturbed or damaged portions of the PROW.
(J) Barricading work. All activity in a public PROW must be properly marked and barricaded and, if deemed necessary by the Department, by flashing amber lights so placed as to indicate from the roadway or pedestrian way in both directions the exact location and limits of said occupation or activity and at all times must be properly guarded. Permit holders are responsible for maintaining safe conditions in and around the area of occupation in a public PROW and in areas of related activity at all times during the activity or work. The permit holder shall comply with all applicable safety ordinances, rules, regulations, codes and policies at all times and under all circumstances.
(Ord. 2017-O-55, passed 9-12-2017) Penalty, see § 157.99