A.
Purpose. This chapter provides principles, procedures, and associated funding for the placement of Structures and Facilities, construction Excavation encroachments and Work activities within or upon the public Rights-of-Way, and to protect the integrity of the road system. To achieve these purposes, it is necessary to require Permits of users of the public Rights-of-Way and to establish Permit procedures.
B.
Objectives. Public and private uses of Rights-of-Way for location of Facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the City must ensure that the primary purpose of the Rights-of-Way and passage of pedestrian and vehicular traffic is maintained to the greatest extent possible. The use of the Rights-of-Way will not unreasonably limit or encroach upon the public’s right to travel on said Rights-of-Way or the ancillary right to occupy said Rights-of-Way for utility purposes. In addition, the value of other public and private installations, roadways, Facilities, and properties should be protected; competing uses must be reconciled; and the public safety preserved. The use of the Rights-of-Way corridors by private users is secondary to these public objectives and the movement of traffic. This chapter is intended to strike a balance between the public need for efficient, safe transportation routes and the use of Rights-of-Way for location of Facilities by public and private entities. It, thus, has several objectives:
1.
To ensure that public safety is maintained and that public inconvenience is minimized;
2.
To protect the City’s Infrastructure investment by establishing repair standards for the pavement, Facilities, and property in the Rights-of-Way, when Work is accomplished;
3.
To facilitate Work within the Rights-of-Way through the standardization of regulations, by establishing clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of the use of Rights-of-Way, and permit and manage reasonable access to the Rights-of-Way on a competitively neutral basis;
4.
To maintain an efficient Permit process and assure that the City’s current and ongoing costs of granting and regulating private access to and use of the Rights-of-Way are fully paid by the Persons seeking such access and causing such costs;
5.
To conserve the limited physical capacity of the Rights-of-Way held in public trust by the City;
6.
To establish a public policy for enabling the City to discharge its public trust consistent with the evolving federal and state regulatory policies, industry competition, and technological development;
7.
To promote cooperation among the Permittees and the City in the occupation of the Rights-of-Way, and Work therein, in order to (a) eliminate duplication that is wasteful, unnecessary, or unsightly; (b) lower the Permittee’s and the City’s costs of providing services to the public; and (c) minimize street cuts; and
8.
To assure that the City can continue to fairly and responsibly protect the public health, safety, and welfare.
(Ord. 27834 Ex. A, 2009-09-22)