(a) In addition to the other requirements set forth herein and in the Regulations, each Permittee, except a Special Right-of-Way Permittee for Residential purposes, shall:
(1) Use its Best Efforts to cooperate with other Permittees and the City for the best, most efficient, most aesthetic and least obtrusive use of Rights-of- Way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) Participate in such joint planning, construction and advance notification of Right-of-Way work, excepting such work performed in an emergency provided the Permittee uses its Best Efforts to contact the City at the earliest possible time after beginning any such emergency work requiring excavation or other interference with the flow of traffic, as may be required by the City Ordinances and this chapter and as may be more specifically set forth in Regulations promulgated pursuant to this chapter, and provided further, that such joint planning shall not commence prior to January l, 2003, or require the exchange or provision of trade secrets or competitively sensitive materials or information;
(3) Reasonably cooperate with other Permittees in utilization of, construction in and occupancy of private rights-of-way within the City, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the Permittee; provided, however, that nothing in this paragraph shall be construed to require expenditure of funds or rearrangement of facilities by a Permittee without fair compensation.
(4) Upon reasonable written notice of not less than sixty (60) days, except in an emergency threatening the public health, safety or welfare, and at the direction of the Director and at the Permittee's sole cost, promptly remove or rearrange facilities as necessary as further specified in the Regulations:
A. During any construction, repair or modification of any street, sidewalk, City utility or other public improvement,
B. As part of the Director's determination, to the extent permitted by Ohio law and necessary for public safety, that designated portions of its Rights-of-Way should accommodate only underground facilities or that facilities should occupy only one side of a street or other public way project, or
C. If an additional or subsequent City or other public use of Rights-of- Way is inconsistent with the then current uses of such Permittee.
The Director may extend the time period for compliance upon written request of a Permittee and upon the Director's determination that such time extension will not result in any undue hardship, delay or inconvenience to the City.
(5) Perform all work, construction, maintenance or removal of structures and facilities within the Right-of-Way, including tree trimming, in accordance with good engineering and construction practice including any appropriate state building codes, safety codes and in accordance with The Codified Ordinances of the City of Zanesville and use its Best Efforts to repair and replace any street, curb or other portion of the Right- of-Way, or facilities or structures located therein, to a condition not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the City and other Permittees, all in accordance, to be determined by the Director, with all applicable provisions of this Chapter, any Regulations the City may adopt including but not limited to Chapters 753, 901, 903 and 905 of the Codified Ordinances of the City of Zanesville;
A. Permittees shall construct, install, operate and maintain their facilities in a manner consistent with all laws, ordinances, construction standards and governmental requirements including, but not limited to, The National Electric Safety Code, National Electric Code and applicable FCC or other Federal, State and local regulations.
B. All worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the Permittee's facilities within the Right-of-Way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration.
(6) Register, or cause to be registered, its facilities with underground reporting services as follows:
A. At the time of application for a General Right-of-Way Permit, Special Right-of-Way Permit or Nonresidential Purposes, any underground facilities registered as a voting member or limited basis participant, of the Ohio Utilities Protection Service (OUPS) shall provide a registration number.
B. If the applicant is not a voting member or is not a limited basis participant the applicant for the Permit must supply a letter certifying how the applicant's facilities are registered and by whom along with a registration number. Said information shall be furnished to the City within thirty days after the Permit is issued.
(7) Use its Best Efforts to cooperate with the City in any emergencies involving the Rights-of-Way as may be required in subsection (g) or any other manner as this Chapter may require or any Regulations the City may adopt shall require including the maintenance of a twenty-four (24) hour emergency contact.
(8) Field Identification of Facilities. Permittees shall identify their facilities in the Rights-of-Way whenever Permittees are notified by the City that the City has determined that such identification is reasonably necessary in order for the City to begin planning for the construction, paving, maintenance, repairing, relocating or in any way altering any street or area in the Rights- of-Way as defined in this Chapter. The City shall notify the Permittees of the City's date to begin the process at least sixty (60) days prior to the commencement of said activities.
A. Permittees shall identify all structures, poles and visible conduits that are within the affected Rights-of-Way using customary industry standards and distinct identification.
B. Facilities will be so marked as to identify the Permittee responsible for said facilities.
C. Should any such marking interfere with the facilities function, create a safety problem or violate any safety code, alternative methods of marking the facilities may be approved by the Director.
D. All marking should be clearly readable from the ground and include the Permittee's name or logo only. No advertising will be permitted.
(9) Single Point of Contact. Each Right-of-Way Permit application shall include a single point of contact to coordinate all business issues related to Permittee's proposed and existing facilities located within the City's Rights- of-Way. Included will be the name, title, business address, telephone and fax numbers for the party so designated. Each Permittee shall keep the City advised of any changes in this information. Position responsibilities shall include, but not be limited to the following:
A. Participation in joint planning, construction, and/or advanced notification of Right-of-Way work;
B. Internal distribution of any plans or specifications required by the City, its contractors, and consultants;
C. Attendance at any City meetings to discuss projects and project coordination;
D. Notification by the City to remove or relocate any facilities;
E. Any temporary movement of facilities located within the Rights-of- Way.
The single point of contact may choose a designee to attend any of the meetings as needed.
(10) Twenty-four (24) hour Emergency Contact. As required within the application, each Applicant shall provide the City with an emergency telephone number(s) which is manned by a live operator and maintained twenty-four (24) hours, three hundred sixty-five (365) days per year. Should no such number exist, the Applicant shall provide the names, titles, business telephone number, resident phone numbers, pager numbers and/or mobile phone numbers of a minimum of three (3) individuals responsible for the required hours per day and days of the year emergency contact. Such list should be prioritized as to first, second and third recommended contact. Any changes to said lists shall be brought to the attention of the Director immediately.
(b) Each Permittee shall assure that any subcontractor or other Person performing any work or service in the Right-of-Way on behalf of said Permittee will comply with all applicable provisions of this chapter and its Right-of-Way Permit and will identify the Permittee for whom such contractor is working. Said Permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said Permittee had performed or failed to perform any such obligation.
(c) Mapping/Inventory Requirements. Mapping requirements for the City may be changed due to the requirements of any government information system (GIS) under consideration now or in the future. The City reserves the right to require digital mapping requirements in line with any proposed GIS System that may be considered now or in the future. The City shall work with the Permittees to determine a suitable date for the Permittees to provide such maps and information in a digital format. At this time the following mapping requirements shall apply:
(1) No later than June 30, 2003, existing General Right-of-Way Permittees shall provide evidence that existing facilities are registered with OUPS or any other underground reporting service organization as indicated in this chapter. For any other future planned facilities after the effective date of this chapter, applicants will file with the Director a schematic drawing, in a form that is readily available to the applicant, of their proposed facilities that they own or over which they have control with the Rights-of-Way. Said drawing may be general in nature and shall at a minimum, locate, describe and identify all uses of, and "as built" structures and facilities of such Permittee in the Rights-of-Way as proposed and/or in existence including the miles of Right-of-Way involved. Detailed drawings shall be required of all General Right-of-Way Permit Applicants proposing to occupy public lands outside public Rights-of-Way.
(2) Special Right-of-Way Permit Applicants for both Residential Purposes and Nonresidential Purposes shall provide a semi-detailed schematic drawing of their existing or proposed facilities in a form that is acceptable to the City. This drawing shall include: the location of said facilities relative to the existing City Rights-of-Way and or public lands, the size, type and construction of the facility involved.
(3) Upon request from the Public Service Director within one hundred twenty (120) days after new construction in the Right-of-Way has been completed, a Permittee shall furnish “as-built” drawings that are readily available to the Permittee.
(d) Establishment of Utility Corridors. The Director may assign specific corridors within the Rights-of-Way, or any particular segment thereof as may be necessary, for each type of facilities that are or that the Director expects may someday be located within the Rights-of- Way. All excavation, construction or other Permits issued by the City involving the installation or replacement of equipment may designate the proper corridor for location of the equipment in question.
(1) Any Permittee whose facilities are in the Right-of-Way and are in a position at variance with the established utility corridors established by the Director shall at the time of the next reconstruction or excavation of the area, excluding normal maintenance activities, move such equipment to its assigned position within the Rights-of-Way. This requirement may be waived by the Director for good cause shown including consideration of such factors as: the remaining economic life of the facilities, public safety, customer service needs and hardship to the Permittee.
(2) If there is insufficient space within the Right-of-Way to accommodate all of the requests of the Permittees, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the Rights-of- Way. The Director shal1 make every good faith attempt to accommodate all existing and potential users of the Right-of-Way as set forth in Section 911.02 of this chapter.
(3) Permittees shall cooperate to use existing poles and conduits for installing their systems within the Rights-of-Way, consistent with PUCO regulations and federal law.
(4) No pole or other fixture placed in any Right-of-Way shall be placed in such a manner that interferes with normal travel on such Right-of-Way.
(5) Unless otherwise stated in the Permit, all facilities within the Rights-of-Way shall be constructed, installed and located in accordance with the provisions of this chapter and in accordance with the following provisions:
A. Whenever all existing utilities are located underground in a certain area within the City, a Permittee who desires to place its facility in the same area must also locate its facilities, such as drops that cross private property, underground;
B. Whenever the owner of poles are required to locate or relocate facilities underground within a certain area of the City, every Permittee with facilities within the same area of the City shall concurrently relocate their facilities underground.
(e) Cooperation with Adjacent Property Owners. Permittees shall cooperate with owners and developers of private property adjacent to the Rights-of-Way in the construction of private turn lanes, driveway approaches, roadway widening or other improvements which may require the Permittee to remove or relocate its facilities, provided, however, that the Permittee's expenses have been reasonably secured by the owner or developer who initiated said removal or relocation.
(f) Facility Ownership Responsibility. Owners of facilities, poles, conduits, vaults and other structures that are located within the Rights-of-Way of the City shall have the responsibility for removal or relocation of such facilities whenever required and shall coordinate the removal or relocation with any other Permittee who has facilities attached to or enclosed within the owner's facilities. Permittees neglecting or refusing to cooperate with the facility owner in a timely fashion concerning said removal or relocation of facilities shall be deemed to be in violation of Section 911.06(a)(4) of this chapter.
(g) Emergency Repairs. Each Permittee shall immediately notify the City of any emergency situation that involves its facilities and that will require excavation and/or occupancy of the Right-of-Way. The Permittee may proceed with whatever actions it deems necessary to respond to the emergency. Upon securing the site in question from imminent danger, all other provisions of this chapter and any rules and regulations related thereto shall apply.
(1) To the reasonable extent that the City becomes aware of an emergency regarding Permittee's facilities within the Right-of-Way, the City shall attempt to contact the local representative of each Permittee known by the City to be affected by the situation. In doing so the City will use the twenty- four (24) hour emergency number(s) provided by each Permittee. However, the City cannot and does not insure that every such contact will be made every such instance.
(2) Should the Permittee's facilities create or contribute to an imminent danger to health, safety or property, the City may take such necessary, temporary steps as are required to protect the public safety.
(h) Removal of Graffiti. Within fourteen (14) calendar days notice, a Permittee shall remove any and all graffiti on any of the Permittee's facilities located within the City Rights-of- Way. Should the Permittee fail to do so, the City may take whatever action is necessary to remove the graffiti and bill the Permittee for the cost thereof. The Director may extend the period for removal of graffiti if requested by any Permittee, if, in the Director's sole opinion, such reasonable time extension is necessary.
(Ord. 02-70(a). Passed 11-25-02.)