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HomeMy WebLinkAboutOrdinance 6106 12/06/2004 . ORDINANCE NO, 6] 06 AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE TO REGULATE ENCROACHMENT INTO, USE AND OCCUPATION OF THE PUBLIC WAYS, AMENDING SECTIONS 3.224 AND 3.226 AND SETTING AN EFFECTIVE DATE Section 1. Sections 3.224 and 3.226 of the Springfield Municipal Codes. as amended. shall be further amended as follows: . 3.224 Placement of Devices or Structures in the Public Way. (1) No structure or device shall be placed in, upon, over or under the public way unless the owner of such structure or device shall have received a placement permit be a party to a valid public waJ use agreement or franchise authorizing the placement of such structure or device. Any violation of this provision shall be an infraction within the meaning of Chapter 5 of this code. (2) Unless otherwise specified in a placement permit, license, public way use agreement, or franchise agreement, all structures and devices shall be constructed, installed and located in accordance with the following terms and conditions: (a) Where existing utility poles exist, telecommunication facilities shall be installed on utility poles to the extent there is useable space. (b) Where useable space does not exist on existing utility poles and cannot be made available consistent with the provisions of the Springfield Development Code, or where existing telephone, electric utilities, cable facilities or telecommunications facilities are located underground, telecommunications facilities shall be installed underground within a non-conductive duct or conduit including, if capacity exists, within an existing underground duct or conduit. (c) Whenever any new or existing telephone, electric utilities, cable facilities or telecommunications facilities are required to be located or relocated underground within a public way, the public works director may direct that any other licensee . or franchisee that currently occupies the same public way concurrently relocate its facilities underground at its expense, if underground location of such facilities is required by the provisions of article 32 of the Springfield Development Code; provided, however, that nothing in this subsection shall require the relocation of electrical transmission lines and backbone distribution features covered by section 32.120(2) of the Springfield Development Code. (d) Whenever new telecommunications facilities will exhaust the capacity of a public way reasonably to accommodate future telecommunications carriers, the licensee or franchisee placing such facility may be required to provide additional ducts, conduits, maintenance holes and other facilities for nondiscriminatory access to future telecommunications carriers at its expense. . Page 1 of 5 November 30, 2004 (8:47am) . (e) The Utility placing such facilities shall remove and relocate such facilities within 120 days after receiving notice in writing to do so from the City. Such removal or relocation shall be without cost or expense to the city whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for: (1) The construction, repair, maintenance or installation of any City or other public improvement in or upon the Public Ways; (2) The construction, installation or improvement of Public Way by a private developer as a condition of property development; (3) The operations of the City or other governmental entity in or upon the Public Rights-of-Way; (4) The public interest. (f) When removal or relocation is required for the convenience or benefit of any private person, or non-governmental agency or instrumentality, utility shall be entitled to reimbursement for the reasonable cost thereof from such person, agency or instrumentality, to the extent permitted by law. (g) All structures and devices placed underground shall be locatable underground facilities within the meaning ofORS 757.541(6). . 3.226 Location of Structures or Devices in the Right-of-Way. (1) For the purpose of this chapter, these terms shall be defined as follows: a) Excess capacity: The volume or capacity in any existing or future duct, conduit, maintenance hole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities, including that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Public Utility Commission, to allow its use by a telecommunications carrier for a pole attachment. (b) Overhead facilities: Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. (c) Underground facilities: Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead facilities. (d)Usable space: The total distance between the top ofa utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Public Utility Commission. (2) Prior to placing a structure or device in the right-of-way, the owner of such structure or device shall secure a placement permit, which permit shall also serve as an encroachment permit. (3) Applications for placement permits shall be on the form prescribed by the public . Page 2 of 5 November 30, 2004 (8:47am) Ordinance No. 6106 . . . works director and accompanied by the fee therefor, in an amount fixed by the council by resolution. (4) Applications shall not be complete unless accompanied by the following: (a) A copy of the applicant's utility license, public way use agreement or franchise agreement; (b) Preliminary engineering plans, specifications and a map of the facilities I located in or to be located within the public ways in the City, all in sufficient I detail to identify: I 1. the location and route requestedfor applicant's proposedfacilities; I 2. the location of all existing overhead and underground public utility, I telecommunication, cable, water, sewer drainage and other facilities in I the public way which may be affected along the proposed route; I 3: the location(s), if any, for interconnection with the facilities of other I utilities. I 4. A description of the facility to be placed. I (c) If the applicant is proposing to install overhead facilities within the public I ways, evidence that use able space is available for locating its facilities on existing ., utility poles along the proposed route, or a duly executed pole attachment I agreement with an owner of existing poles. . I (d) Identification of any adverse circumstances affecting the use of the public way, I and a description of efforts to mitigate such circumstances. I (e) Four copies of a work plan and schedule showing when and how the I placement shall be accomplished; (f) If applicable, a certificate of insurance, as required under section 3.210(1); (g) If applicable, a state or county permit for work in the state or county right-of- way within the corporate limits of the city; (h) Evidence that the applicant is a subscriber to the Oregon Utility Notification Center; (i) Any other information deemed necessary by the public works director. (5) The amount of security deposit required in section 3.210 and the temporary storage fee required in section 5.052(2)(a), if applicable, will be determined during the plan checking process and will be due at the time the permit is issued. . (6) At the election of the applicant, the applicant may file a comprehensive Telecommunications Placement Plan which describes all facilities it presently intends to install. Such plan is subject to approval of the public works director and may be modified from time to time by the applicant with the approval of the public works director. The fee for review of such plan shall be fixed by the council by resolution. (7) If an applicant has on file an approved comprehensive Telecommunications Placement Plan, any application for a placement permit hereunder which is consistent with such approved plan shall be deemed approved unless the public works director notifies the applicant, within 48 hours of submission, that the application is disapproved, stating the reasons for disapproval. . (8) If an applicant does not have on file an approved plan, the public works director shall Page 3 of 5 November 30,2004 (8:47am) Ordinance No. 6106 . . . grant a placement permit under such terms and conditions as he/she shall deem appropriate if he /she shall find that the applicant has demonstrated: (a) Compliance with requirements of applicable State and federal laws and regulations. (b) The capacity of the public ways to accommodate the applicant's proposed facilities. (c) The capacity of the public ways to accommodate additional utility facilities if the license is granted. (d) The absence or minimization of damage or disruption of public or private facilities, improvements, service, travel or landscaping if the license is granted. (e) The minimization of the cost and disruption occasioned by construction within the public ways. (f) Measures taken to address any adverse effect on public health, safety and welfare if the license is granted. (g) the availability of alternate routes and/or locations for the proposed facilities, (h) Such other factors as may demonstrate that the grant to use the public ways will serve the community interest. if the applicant demonstrates to his/her satisfaction that there is 110 adequate facility outside of the tight-of-~ay for the placement and no excess capaciry to install an additional fadlty. (9) The permit shall authorize the placement of such device or structure by boring or jacking only, unless the public works director shall determine it is in the best interests of the city to allow the placement by open trenching. (10) Upon completion of all work, the permit holder shall notify the utilities coordinator of the city of Springfield by completing and returning the Permit Status Report, accompanied by as-built drawings in such form as shall be determined by the public works director. (11) A holder of a utility license, a party to a franchise agreement or public way use agreement, including a utility making a payment in lieu of taxes, may apply to the public works director for an annual placement permit covering underground individual service connections. Such annual permit, if granted, shall require the applicant to: (a) Provide 48 hours notice of work through the Utility Notification System; (b) Conduct all work pursuant to the requirements of sections 3.212 through 3.222 of the code; (c) Supply as-built drawings, in such form as the city shall require, for each installation or connection; (d) Provide a monthly report to the city listing all activities performed pursuant to the permit; (e) Provide and maintain a list describing the sizes and types of facilities to be placed pursuant to the permit; (f) Designate an individual responsible for coordinating these activities with the city and for responding to the city should additional information be required. The annual placement permit shall not be applicable to any installation requiring a cut in the right-of-way between curb lines. Page 4 of 5 November 30,2004 (8:47am) Ordinance No. 6106 . . . The public works director shall deny such permit if the applicant is in violation of any of the provisions of this chapter or if the applicant has on three or more occasions in the 12 months preceding the date of application conducted any operations in the public way in violation of the provisions of this chapter. Such permit, if granted, shall be subject to revocation upon a finding by the public works director that the permittee has, on three or more occasions in the immediately preceding 12 months, conducted operations in the public way in violation of the provisions of this chapter. Section 2.. Severability. Should any court of competent jurisdiction determine that a section or part of a section of this ordinance is inYalid, such invalidity shall not impair the effect or validity of the remaining sections or parts of sections. Section 2. Effective Date. This ordinance shall become effective thirty days after the same shall have been approved by the Mayor. ADOPTED by the Common Council of the City of Springfield this ~ day of Decem,ber 2004, by a vote of -L for and -.-L against. ( Ma - r ofthe City of Springfield this-Lday of Dec. ,2004. Mayor of Springfield ATTEST: Amy Sowa, being first duly sworn, deposes and says that Sidney W. Leiken, to me personally known and known by me to be the person described in the foregoing instrument did sign this ordinance with his hand in my presence this ~ day of December , 2004, c~~ .. i '",:[,~, J\ ;H::>qQV'::O ~~..~~.~~--~,~ :: '_\..t~~\ t;)'-l~ . . ':!~;E OF CITY ATTORNEY Page 5 of 5 November 30, 2004(8:47am) Ordinance No. 6106