The purpose of this chapter is to establish regulations to ensure the orderly development of public utility systems within the City and to reduce conflicts between such systems and future construction and/or repair projects. Further, the purpose of this chapter is to provide a repository for current facility information for the benefit of the City and the general public.
(Ord. 09-23 § 4, 2009)
In this chapter, the following definitions shall apply:
A. 
"Public way"
means any street, road or other public right-of-way over which the City exercises its jurisdiction, excluding public utility easements.
B. 
"Utility"
means either a company providing public utility services, the utility services provided or the physical utility lines and other facilities.
(Ord. 09-23 § 4, 2009)
Public utilities shall have the right to a permit to use public streets, alleys and other public ways within the City for providing and maintaining public utilities pursuant to AS 42.05.251, subject to stated provisions.
(Ord. 09-23 § 4, 2009)
No public utility shall place, install or maintain any utility line or facility within a public way in the City unless a permit is obtained from the City setting forth the location of the permitted use and the conditions of use; provided, however, that service drops or taps shall be exempted from this requirement.
(Ord. 09-23 § 4, 2009)
A. 
An application for a permit by a utility to use a public way shall be submitted in writing, along with a fee of $25.00, to the City on forms either provided by or approved by the City. The City Clerk shall submit the application to the Deputy Mayor and the Director of Public Works. The Deputy Mayor and the Director of Public Works shall approve or deny the application within 15 working days of the receipt of application. The application must contain the following information:
1. 
The name and location of the public way or ways for which the permit is sought;
2. 
The type of utility use intended;
3. 
The nature of any utility to be installed under the permit;
4. 
The length and location of any utility line to be installed.
B. 
The Deputy Mayor and Director of Public Works may, at their discretion, require reasonable conditions to protect the property and interests of the City.
(Ord. 09-23 § 4, 2009)
Denial of a permit by the utility committee may be appealed by the applicant within 20 working days of the written notice of denial. Appeal shall be made by written notice of appeal to the City Council and shall be filed with the City Clerk within the time allowed for the appeal. The Clerk shall schedule a hearing before the City Council at its next regular meeting and shall notify the applicant of the hearing date.
(Ord. 09-23 § 4, 2009)
Utility lines and facilities shall be located so as to assure compatibility with all existing and anticipated uses of the public way in which the utility is located. The following general standards shall apply:
A. 
Utilities shall be located outside of the traveled surface of the public way, wherever possible.
B. 
The location of the utility shall allow for maintenance of both the public way and the utility.
C. 
Buried utilities shall be located sufficiently deep to avoid hazard to the public and to allow for planned maintenance and improvements to the public way.
(Ord. 09-23 § 4, 2009)
A. 
Utility facilities constructed in public ways within the City shall be constructed in accordance with and meet the standards of the following standard codes or regulations, adopted by reference herein:
1. 
Alaska Administrative Code, Title 17, Chapter 15;
B. 
The utility shall, within 30 days of completion of construction, submit to the City a dimensioned as-built of all work performed under the permit.
(Ord. 09-23 § 4, 2009)
A. 
Those utility lines and facilities in existence as of November 1, 1983,[1] and constructed in accordance with all statutes, codes and regulations applicable at the time of construction may continue to exist and to be maintained in a public way in the City, subject to this section.
[1]
Code reviser's note: November 1, 1983, was the effective date of Ord. 83-L-1, which was formerly codified in this section.
B. 
On or before December 31, 1983, any utility company owning or maintaining any utility line or facility within a public way in the City shall provide the City with a copy of the utility's current line maps identifying all facilities located in public ways within the City at the time of enactment of the ordinance codified in this chapter.
C. 
On or before December 31, 1983, any utility owning or maintaining any utility line or facility in a public way within the City shall submit an application for each public way within the City in which the utility owns or maintains a facility, detailing all facilities within such public way.
(Ord. 09-23 § 4, 2009)
The cost of relocating any utility line or facility located pursuant to a valid permit as required by the City shall be borne by the party whose action necessitates such relocation. Any relocation required as a result of a violation of permit conditions or because the facility does not otherwise meet the requirements of this chapter shall be borne by the utility or other responsible party.
(Ord. 09-23 § 4, 2009)