HomeMy WebLinkAboutOrdinance 6106 12/06/2004
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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:
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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.
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(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).
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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
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Ordinance No. 6106
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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
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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.
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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.
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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,
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. . ':!~;E OF CITY ATTORNEY
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