A. 
It is unlawful for a utility having the right under AS Title 42, the Anchorage Municipal Charter, any municipal ordinance or under any other law to construct or maintain, or operate any facility across, along, within, on, under or over a public place of the municipality, without complying with all the provisions of any ordinance in relation thereto and obtaining and complying with a permit from the director of development services. Permits issued may be revoked on twenty days' notice from the director of development services. Franchise holders shall be subject to the requirements of chapter 24.30.
B. 
The terms and conditions of the use and occupancy of public places in the municipality by a utility constructing or operating under authority of this section shall be as set out in sections 24.60.030 through 24.60.160.
C. 
In the event an emergency requires work in a public place, the public health, safety, and welfare is at risk because of the emergency, and the emergency is of such a nature that application for and approval of a permit will unduly delay the utility's response to the emergency, the work may commence prior to permit application and approval. Work outside of the road prism and meeting the requirements of AMC Section 24.60.040A may proceed under a blanket utility permit. The utility shall immediately act to safeguard the public and its facilities and shall immediately notify the department of development services, the police department and the fire department of its action.
(CAC 10.40.050; AO No. 99-13(S), § 10, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
[1]
Editor's note — Former § 24.60.020, which pertained to permits for use of public places and derived from CAC 10.40.020, was repealed by AO No. 99-13(S). See now § 24.30.020.
A utility desiring to place or maintain any of the authorized facilities mentioned in section 24.60.020 shall, prior to the commencement of any work, file an application for a permit therefor as described in this title. When permission has been granted by the director of development services, a permit allowing for such construction shall be issued by the director of development services, who shall have the power to supervise, regulate and direct the construction and who shall keep a record of the permit and the work done thereunder. Except as provided for in section 24.60.040, a single utility permit shall authorize only such activities as are reasonably required for the construction and placement of a separate and specific utility facility as applied for by the permittee.
(CAC 10.40.060; AO No. 99-13(S), § 11, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
[1]
Editor's note — Former § 24.60.030, which pertained to permits for use of public places, was repealed by AO No. 99-13(S). See now § 24.30.030.
A. 
Provision for blanket utility permits. A utility may obtain one blanket utility permit for all work during a calendar year for installation of facilities to provide individual service to properties or for maintenance of an existing facility, if all such work is to be entirely outside a roadway prism and does not require approval by the traffic engineer pursuant to section 9.14.130. An application for a blanket utility permit shall be filed and a permit issued prior to commencement of any work. All work shall be performed in accordance with this title and the permit requirements. The utility shall notify the municipality of the location, description, and proposed dates of commencement and completion of the work under the blanket permit prior to commencement of the work.
B. 
Requirement to submit log of work. The utility shall keep a log of all work performed under a blanket utility permit. The log shall include a brief description of the work performed and its location. Timely submittal of the log, as specified in the permit, shall satisfy the notification requirement in subsection A. The first log submittal shall occur prior to the start of work and shall include the proposed start and completion dates. Subsequent submittals shall note additional or changed work. The log may be submitted to the municipality electronically.
C. 
Municipal inspection not performed. The director of development services or his designee shall not be responsible for inspection of work performed by a utility under a blanket utility permit, nor will it charge fees for any inspection of work done under the permit. Notwithstanding this provision, the director or his designee may perform periodic inspections of a utility's work under a blanket utility permit.
(AO No. 99-13(S), § 12, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
[1]
Editor's note — Former § 24.60.040, which pertained to permits for use of public places and derived from CAC 10.40.040, was repealed by AO No. 99-13(S).
A utility performing work under a permit required by section 24.60.020 or a permit allowed by 24.60.040 shall pay a permit fee as set forth in section 24.30. This section does not apply to work to be performed under a subdivision agreement in title 21.
(AO No. 99-13(S), § 13, 3-16-99[1])
[1]
Editor's note — This ordinance renumbered former § 24.60.070 as § 24.60.050.
A. 
Restoration warranty for work inside a roadway prism. A utility performing work in a roadway prism under a permit required by this title shall warrant the performance of the excavation, backfill, compaction and resurfacing, this work together termed "restoration." The warranty period shall start when the permit is closed. The utility shall warrant the performance of the restoration shall be at least equal to the performance of the adjacent surface grade and cross-section, until such time as the roadway prism within and adjacent to the restored area is resurfaced by asphaltic overlay or removal and replacement. Permittee shall also warrant that the joint between the restored area and existing surfacing shall be free of cracking and separation.
B. 
Remedies. If at any time the municipality determines that the restoration described in subsection A has not performed at least equal to the adjacent surface grade and cross-section, it will notify the utility in writing that the restoration must be reconstructed in accordance with the municipal standard specifications, details, and design standards. Crack sealing alone is not an approved reconstruction method. Within five business day of receipt of such written notice, the utility shall begin to reconstruct the restoration at its sole expense. The utility shall obtain a permit in accordance with the requirements of this title prior to commencement of the reconstruction. If such reconstruction is ordered during the winter, the utility may be required to provide temporary resurfacing or patching until conditions allow reconstruction, which shall be performed within 30 days therefrom. Following reconstruction, the restoration warranty shall continue in accordance with subsection A. If the utility fails to begin reconstruction within five business days following receipt of the notice, the director of development services may proceed to perform the reconstruction and recover from the utility all expenses necessary to accomplish the work, including the costs of collection. The utility shall be subject to a fine of $1,000.00/day for each day the utility has not started reconstruction or temporary resurfacing or patching as required after receipt of the notice to do so. In addition, fees and a fine pursuant to title 14 may be assessed the utility.
(AO No. 99-13(S), § 14, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
A. 
Restoration warranty for work outside a roadway prism. A utility performing work outside a roadway prism under a permit allowed by this title shall warrant the performance of the excavation, backfill, compaction, and any landscaping and surfacing, this work together termed "restoration." The utility shall warrant the performance of the restoration at least equal to the performance of the adjacent surface grade and cross-section for up to five years from completion of the work. If work outside of the roadway prism affects the roadway prism, the utility shall restore the affected road prism area and warrant such restoration pursuant to section 24.60.060. The warranty period shall start when the permit is closed.
B. 
Remedies. If at any time the municipality determines that the restoration described in subsection A has not performed at least equal to the adjacent surface grade and cross-section in accordance with the subsection, it will notify the utility in writing that the restoration must be reconstructed in accordance with the municipal standard specifications, details, and design standards. Crack sealing alone is not an approved reconstruction method. Within 10 days of receipt of such written notice, the permittee shall reconstruct the restoration at its sole expense. The utility shall obtain a permit in accordance with the requirements of this title prior to commencement of the reconstruction. If such reconstruction is ordered during the winter, the utility may be allowed to provide temporary resurfacing or patching until conditions allow reconstruction, which shall be performed within 30 days therefrom. Following reconstruction, the restoration warranty period shall start anew, in accordance with subsection A. If the utility fails to accomplish the reconstruction within ten days following receipt of the notice, the director of development services may proceed to perform the reconstruction and recover all expenses necessary to accomplish the work, including the costs of collection. In addition, the utility shall be subject to fees and a fine pursuant to title 14.
(AO No. 99-13(S), § 14, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
Unless otherwise agreed to by the municipality, any transfer of ownership of facilities shall include the transfer of all rights and obligations under permits issued in this title for those facilities including, but not limited to, warranties, fees, and fines.
(AO No. 99-13(S), § 14, 3-16-99)
[1]
Editor's note — Former § 24.60.080, which pertained to joint use of poles for utility installations and derived from CAC 10.40.080, was repealed by AO No. 99-13(S).
Where feasible and practical, the director of development services may require joint use of poles, trenches and other facilities constructed under authority of sections 24.60.020 through 24.60.170. Such joint usage shall be documented in an agreement between the several users as to ownership, division of cost, maintenance and future rights of occupancy. The director of development services may deny issuance of a permit for placement of an additional facility of the same type on the opposite side of any right-of-way or any place else within any public place where a facility of the same type already exists.
(CAC 10.40.090; AO No. 99-13(S), § 16, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
Anyone having a permit from the municipality to have wires within a public place, upon 16 normal working hours' notice from the director of development services, shall disconnect or move his wires to allow for the moving of buildings across or along any such street, alley or other public place, provided that any cost to the companies affected shall be borne by the person desiring to move the building.
(CAC 10.40.110; AO No. 2003-68, § 9, 9-30-2003)
[1]
Editor's note — Former § 24.60.100, which pertained to painting of poles for utility installations and derived from CAC 10.40.100, was repealed by AO No. 99-13(S). Said ordinance also renumbered former § 24.60.110 as § 24.60.100.
A. 
If, incident to construction of public place capital improvement projects by the municipality or to any other construction for the public convenience and necessity authorized or ordered by the municipality in any public place, the municipality determines and orders that a utility facility located across, within, over, along or under a public place must be changed, relocated or removed, the utility owning or in charge of the facility shall commence to and shall change, relocate or remove it in accordance with the order, which shall include a time of completion.
B. 
If the utility facility is not changed, relocated or removed, or work commenced to effect the change, relocation or removal, within the time required by the order, the municipality may change, relocate or remove it at the utility's expense or take whatever other action is necessary for compliance with the order. The director of development services shall adjust the time for compliance if the delay is due to circumstances beyond the control of the utility and delay is in the best interest of the municipality. The original permit shall be void upon 20 days' notice. Said notice may be given before or after the due date for compliance with the order. The facility shall then be treated as an unauthorized encroachment under section 24.90.030, after the order and 20 day notice period expire without compliance.
C. 
Except as provided in subsection G, the municipality shall pay the reasonable costs of changing, removing, or relocating a utility's facilities located along, across, within, above or under a public place where:
1. 
The change, removal, or relocation is requested, in writing, by the municipality incident to a municipal capital project or other capital activity and the utility facility was properly constructed and installed under a valid permit or other instrument entered into by the municipality, or a predecessor in interest; or
2. 
The change, removal, or relocation is necessitated by a disturbance to the utility's facilities incident to the municipality constructing facilities or otherwise working in the public place and the utility facility was constructed and installed under a valid permit or other instrument entered into between the municipality, or a predecessor in interest, and the utility which expressly provided for a different manner or method of bearing costs or expenses of changes, relocations or removals; or
3. 
The municipality is obligated to reimburse the cost under section 21.90.080.
Utilities need not have been issued a permit for facilities first installed prior to September 16, 1975, or for facilities installed before the right-of-way became a municipal public place in order to be eligible for reimbursement. However, to the extent permits issued prior to September 16, 1975 exist, those permits must be produced prior to a determination of eligibility. Facilities must be in compliance with those permits to be eligible for reimbursement.
D. 
In all cases where a valid permit is presumptively required as a condition for municipal reimbursement of a utility relocation, and the actual permit document is unavailable, the municipality will review circumstantial evidence of a permit, or a permit waiver, or an absence of a permit requirement prior to its determination of reimbursement eligibility.
E. 
Nothing in this section shall be construed to permit any utility to locate without the express consent of the municipality, or municipal permit, any utility facility in, over, along or under a public street or place or other property of the municipality.
F. 
As used in sections 24.60.050 through 24.60.170, relative to street improvements, the term "public convenience and necessity" includes:
1. 
The construction or reconstruction of the street improvement;
2. 
The widening of any existing street;
3. 
The relocation of existing street improvements; or
4. 
Change in street grade.
G. 
A utility shall not be eligible for reimbursement of the costs of changing, removing, or relocating its facilities where:
1. 
The utility has failed to install the facilities in a reasonably prude manner, in compliance with all federal, state, and municipal standards applicable at the time of installation, or in situations when the utility has placed facilities in the public place without approval of a permit, easement or other valid authorization, except as provided in 24.60.020C, 24.60.120C, or 24.60.120D, or where the facilities are not in compliance with the municipal permit, easement or other valid authorization allowing for their installation.
2. 
An emergency necessitates repairs by the municipality to restore the serviceability of the public place in the condition existing when the utility first constructed its facilities and the repairs create a need to change, remove, or relocate the facilities.
3. 
The costs are attributed to a betterment of the relocated facility.
4. 
The costs are attributable to a relocation done for the convenience of the utility.
5. 
The costs do not exceed the salvage value of the facilities changed, removed or relocated. However, costs exceeding the salvage value are eligible for reimbursement.
H. 
A utility changing, removing, or relocating its facilities under this section must comply with section 24.60.020.
(CAC 10.40.120; AO No. 84-62; AO No. 99-13(S), § 19, 2-32-1999; AO No. 2003-68, § 9, 9-30-2003)
A. 
All underground utility pipes, ducts, utilidors, vaults, manholes, tunnels or other facilities or appurtenances thereto installed under authority of sections 24.60.020 through 24.60.160 shall be designed and placed to provide acceptable minimum bury below future street grades as established by the department of development services, the depths of bury to be approved by the director of development services prior to the issuance of any permit for such work.
B. 
Also, prior to finalizing design on any underground utility project to be constructed by any agency of the municipality by contract or force account, which may by virtue of the terms of chapters 24.30 through 24.80 be exempted from the posting of an indemnity deposit, plans will be submitted to the department of development services for review and for the establishment of depth and location to accommodate future street grades.
(CAC 10.40.150; AO No. 81-66(S); AO No. 99-13(S), § 20, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
The director of development services may, as a condition to issuance of a permit for installation of any facilities, require the permittee to set and maintain permanent durable reference markers over and along, or at an offset to, the facility. Spacing, type, method of installation and information contained on the markers shall be subject to the approval of the director of development services.
(CAC 10.40.160; AO No. 99-13(S), § 20, 3-16-1999; AO No. 2003-68, § 9, 9-30-2003)
A utility accepting permits under the terms of sections 24.60.020 through 24.60.170 shall, in addition to meeting the requirements of sections 24.60.020 through 24.60.160, indemnify and save the municipality free and harmless from any liability, loss, cost, damage, trouble or expense due to casualty, accident or damages either to person or property which may at any time arise or occur by reason of the construction, maintenance, operation or use of any facility of any character placed under authority of sections 24.60.020 through 24.60.160, not arising from the sole negligence of the municipality. Such indemnity is required until two years after the facilities are removed from the public place, or until the municipality furnishes a written release of the requirement to the owner thereof.
(CAC 10.40.170; AO No. 99-13(S), § 20, 3-16-1999)