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.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(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 in § 115.035.
(B) No permit shall be issued for the construction or installation of telecommunications facilities in the public rights-of-way unless the Carrier has first applied for and received a franchise pursuant to §§ 115.070 - 115.088.
(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.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
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 to demonstrate:
(A) That 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 above-ground 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 location, dimension and types of all trees which 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 landscape plan, satisfactory to the city, for the replacement of such trees.
(F) 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 and that maps cannot reasonably be created that conform to the city's specifications.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
All work on, in, under, across or along any public rights-of-way shall be performed consistent with the Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
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. Nothing in this section shall require a telecommunications utility to pay a permit fee unless the utility is providing telecommunication services in addition to exchange access services.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
The Grantee, for any construction requiring pavement cuts, shall pay to the city an amount to reimburse the city for the pavement degradation and shortened pavement life that results from such cuts. Such fees shall be set by resolution of the City Council and shall be based upon the linear feet of the pavement cut, the age of the pavement when cut and whether the excavation is transverse or longitudinal. This section shall not apply to a Telecommunication Utility if such fee is determined to fall within the restrictions of ORS 221.515(3).
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
If satisfied that the applications, plans and documents submitted comply with all requirements of this title, the City Manager or his designee shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
The permittee shall submit a written construction schedule to the City Manager or his designee before commencing any work in or about the public rights-of-way. At the city's request, the construction schedule shall include a best estimate deadline for completion of construction. The schedule is subject to approval by the City Manager or his designee. The permittee shall further notify the City Manager or his designee not less than two working days in advance of commencing the project under the issued permit for excavation or work in the public rights-of-way. When advance notice is not possible because of an emergency, the permittee shall give notice within 24 hours of the excavation or work. When feasible, permittee shall contact all other Grantees or utilities located within the public right-of-way where construction is to occur. The purpose of the contact is to determine if joint projects are feasible in order to allow joint projects if desired to minimize duplication of work and unnecessary excavation. For those Grantees or utilities expressing interest in a joint project, permittee shall give them reasonable notice of the particular dates on which open trenching exists. Upon mutual agreement, permittee shall make the trench available to Grantees and utilities for installation of conduit, pedestals, vaults, laterals, wires, lines or equipment. The payment for the cost of trenching and installation shall be as mutually agreed to by the parties. Provided permittee demonstrates a good faith attempt to coordinate, the city shall not withhold issuance of any permit due to the inability of the permittee and any Grantee or utility to agree upon scheduling of the project and/or reimbursement of costs associated with the project.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
The permittee is responsible for becoming familiar with, and understanding the provisions of ORS 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.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The City Manager or his designee and its 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.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Upon order of the City Manager or his designee, 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.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
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 120 days of the date of issuance unless the City Manager or his designee agrees to a longer period.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Within 60 days after completion of construction, the permittee shall furnish the city with two complete sets of plans in hard copy format and a set in a computerized format specified by the city, drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(A) When a permittee, or any person acting on its behalf, does any work in or affecting any public rights-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.
(B) If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rights-of-way or property. 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.
(C) If the permittee fails to restore rights-of-way or property to as good a condition as existed before the work was undertaken, the city shall cause such restoration to be made at the expense of the permittee.
(D) 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.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(A) 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 or permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
(B) All restoration work within the public ways shall be done in accordance with landscape plans approved by the city.
(C) Any tree, shrub or other landscaping that shows substantial damage within 18 months of completion of construction, attributable to construction, must be replaced at the sole expense of the Grantee.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(A) 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 100% of the estimated cost of constructing Grantee's telecommunications facilities within the public rights-of-way of the city shall be deposited before construction is commenced.
(B) The performance bond shall remain in force until 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.
(C) The performance bond shall guarantee, to the satisfaction of the city:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits, technical codes and standards;
(3) Proper location of the facilities as specified by the city;
(4) Restoration of the public rights-of-way and other property affected by the construction;
(5) The submission of “as-built” drawings after completion of the work as required by this title; and
(6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)