The city council finds and determines that the requirements
and conditions in this chapter are necessary for the following reasons:
(a)
To encourage the systematic development of telecommunications infrastructure
and in turn maximize the availability of telecommunication and broadband
service to residents and businesses within the city.
(b)
To protect and control access to the public right-of-way, and to
extend the life of city streets and other civil infrastructure, and
reduce the cost of ongoing maintenance by encouraging cooperation
between utility companies, public agencies, and city departments.
(c)
To streamline and simplify the process of installing and upgrading
telecommunications equipment throughout the city, and to encourage
the improvement and modernization of the city’s telecommunication
infrastructure.
(Ord. 1569 § 3, 2019)
As used in the chapter, the following terms shall have the following
meanings:
means an individual or entity submitting an encroachment permit application for an excavation project pursuant to Section 13.40.030.
refers to a tube, duct, structure, or other device designed
for enclosing telecommunication wires or cables.
means any and all standards and/or processes established
by the public works director that are intended to serve the purpose
of ensuring that excavations performed in an area where an open trench
notification process has been completed will include all work necessary
to restore the area to its original or enhanced condition prior to
the excavation.
refers to any process which breaks up or removes material
from the ground through any digging, drilling, boring or other activity
for the purpose of installing underground utilities, infrastructure,
structures, or other equipment.
refer to wires, cables, conduit, switches, transmission equipment
or other equipment for use in transmitting or processing telecommunications
services or for providing support or connection to such equipment.
shall mean the notification process set forth under Section 13.40.040.
shall mean the area across, along, beneath, in, on, over,
under, upon, and within the dedicated public alleys, boulevards, courts,
lanes, roads, sidewalks, spaces, streets, and ways within the city.
refers to any person, company, corporation or other entity
providing data, voice, cable, video or other information services
by wire, fiber optic cable or other technology.
refers to data, voice, video or other information provided
by wire, fiber optic cable or other technology.
(Ord. 1569 § 3, 2019)
(a)
The public works director shall determine, upon receipt of an encroachment permit application for an excavation project pursuant to Section 13.04.010 or approval of specifications for a public works project, that if either criteria in subsection (1) or (2) below are met:
(1)
The application or specification involves utility infrastructure
construction, road construction or resurfacing, or other work that
will result in an excavation that could reasonably include, or prepare
for, the installation of broadband conduit, or is part of the information
technology strategic plan.
(2)
It spans nine hundred feet or three city blocks within the ROW, or
involves terrain that is difficult or expensive to traverse (e.g.
a bridge), or is an element of a larger project that will require
installation or upgrading of utility infrastructure.
(Ord. 1569 § 3, 2019)
(a)
In compliance with Section 13.40.050, all service providers and third parties interested in collocating conduits and telecommunication facilities in the project excavation area shall inform the public works department of the interest to participate in the manner set forth in subsection (a) of Section 13.40.050 from the date of an open trench notice issued pursuant to subsection (b) of this section.
(b)
The public works director, in consultation with the information technology
department, shall develop and implement an open trench notification
policy, as may be amended from time to time, that establishes the
standards and processes to carry out the intent and requirements of
this chapter.
(c)
At a minimum, the open trench notification policy shall include the
following:
(2)
The procedure for receiving, processing, and reviewing of notices
of intent to participate from interested service providers and third
parties for collocation of conduits and telecommunication facilities
in the project area.
(3)
The timeline for interested service providers and third parties to
submit notices of intent to participate in collocation work and delivering
notices received to the project applicant.
(4)
The criteria for determining whether responses received from interested
Services Providers and third parties for collocation work are competent
and may be forwarded to the applicant.
(5)
The procedure for receiving, processing, and reviewing of any protests
regarding negotiations between the parties for collocation of conduits
and telecommunication facilities in the project area.
(6)
The criteria for determining whether the information provided in
support of a protest sufficiently demonstrates that further negotiation
is appropriate, and the timeline for such further negotiation if warranted.
(Ord. 1569 § 3, 2019)
(a)
Services providers and third parties interested in participating in the open trench collocation process pursuant to Section 13.40.040 shall submit a notice of intent to participate to the public works department within thirty days of an open trench notice issuance. The notice of intent shall contain sufficient information to constitute a competent response to be forwarded to the project applicant pursuant to subsection (c)(4) of Section 13.40.040.
(1)
Responses to open trench notifications shall be forwarded to the
project applicant. The applicant is responsible for negotiating collocation
of conduits and/or other telecommunication facilities with any interested
third parties for the project location.
(2)
Protests regarding negotiations between the parties for collocation
work and any information in support thereof may be submitted to the
public works department. The public works department shall be responsible
to determine whether the information provided sufficiently demonstrate
that further negotiation is warranted.
(b)
The information technology department director shall designate staff
to receive notifications of pending excavation projects, broadband
related work, and other encroachment permit applications that are
subject to the open trench notification process.
(c)
The information technology director shall determine whether to submit
a response to the open trench notification for collocating conduits
or telecommunication facilities at the project location, by considering
the following:
(1)
The collocation of city-owned conduit in a given project is consistent
with the information technology strategic plan, or will support the
achievement of other city objectives.
(2)
The incremental installation cost is reasonable.
(3)
The cost of maintaining the conduit over time is proportionate to
its value to the city.
(4)
Sufficient funds are available within existing budgets, or can be
obtained from other sources.
(5)
Collocation should be pursued in furtherance of overall city goals
and priorities, the collocation makes sense.
(d)
If the information technology director submits a response to the
open trench notification for collocation work, the information technology
director or designee shall attempt to negotiate an acceptable agreement
with the project applicant. If negotiation is successful, the information
technology department shall coordinate the design and construction
of the collocation work with the public works department, including
whether installation of facilities in addition to conduits would be
necessary.
(f)
The information and technology department shall maintain a geodatabase
of communications assets located within or connecting to the city,
including, but not limited to:
(1)
City-owned conduit and appurtenant facilities;
(2)
Fiber optic cable;
(3)
Towers and tower sites;
(4)
Communications facilities and services belonging to third parties
that are used by the city;
(5)
Real estate, poles, and other city-owned assets leased to third parties
for telecommunication purposes.
(6)
Third party network data provided to the city in conjunction with
such leases or permitting processes, or as may become available through
other means, including, but not limited to, a future electronic plans
submission program, or as collected by other agencies or provided
by telecommunications companies.
(Ord. 1569 § 3, 2019)
(a)
The open trench notification process shall be deemed complete if no responses were received from interested parties pursuant to subsection (a) of Section 13.40.050, or if the applicant has negotiated collocation of conduits and/or other telecommunication facilities with any interested third parties pursuant to subsection (a) of Section 13.40.050.
(b)
The open trench notification process shall also be deemed complete if either party to the collocation negotiation required herein submits a protest to the public works department regarding the negotiation, and the public works department determines that, pursuant to subsection (c) of Section 13.40.040 and based on the information provided to it, further negotiation is inappropriate or not warranted.
(c)
The public works director shall not approve any project application
that is subject to the open trench notification process and requirements
of this chapter unless an application has satisfied the open trench
notification requirements established herein. A project that has satisfied
the requirements of this chapter may be approved by the director,
subject to other applicable requirements and authorizations in the
most current editions of the city’s municipal code or any applicable
public works construction standards, to allow permitted work to commence.
(d)
After an application has been approved, any subsequent excavation
work or project by the applicant or any other service provider or
third party in the project area shall be subject to enhanced remediation
requirements for five years following the completion or abandonment
of such subsequent work or project. Enhanced remediation may include
general standards or standards specific to an excavation. The public
works department shall adopt policies and guidelines to set forth
such enhanced remediation requirements consistent with the intents
of this chapter.
(Ord. 1569 § 3, 2019)
Within sixty days after this chapter takes effect, the city
shall email, fax, mail or deliver a copy of it to telecommunications
service providers and other affected entities doing business within
the city.
(Ord. 1569 §3, 2019)
(a)
In the event of an emergency or urgent conditions that require immediate
action, or for other good cause relating to the public health, safety
or welfare, the public works director may waive or modify, in whole
or in part, the open trench notification requirements established
by this chapter.
(b)
The public works director may exempt projects from the requirements
of this chapter where compliance has been determined by the public
works director to be not practical or feasible. Requests for an exemption
shall be made in writing and the public works director’s decision
shall be final. A request for exemption shall include all information
necessary for the public works director to make a decision, including,
but not limited to, documentation showing factual support for the
requested exemption. The public works director may approve the exemption
request in whole or in part, with or without conditions.
(Ord. 1569 § 3, 2019)
Violations of this chapter are hereby declared to be a public
nuisance. Any violation of this chapter shall be subject to abatement
by the city, as well as any other remedies that may be permitted by
law for public nuisances, and may be enforced by injunction, upon
a showing of violation.
(Ord. 1569 § 3, 2019)
Nothing in this chapter shall be interpreted or applied so as
to create any requirement, power, or duty in conflict with any federal
or state law.
(Ord. 1569 § 3, 2019)
