Chapter 13.15
UTILITIES AND TELECOMMUNICATIONS FACILITIES LOCATED WITHIN CITY RIGHT-OF-WAY

Sections:

13.15.010    General.

13.15.020    Application for permit.

13.15.025    Administrative application fee.

13.15.030    Notice of permit application.

13.15.035    Grant or denial of permit.

13.15.040    Interference with right-of-way.

13.15.050    Damage to property.

13.15.060    Notice of work.

13.15.070    Repair and emergency work.

13.15.080    Maintenance of facilities.

13.15.090    Location of facilities.

13.15.100    Relocation or removal of facilities.

13.15.110    Removal of unauthorized facilities.

13.15.120    Failure to remove or relocate.

13.15.130    Emergency removal or relocation of facilities.

13.15.140    Damage to facilities.

13.15.150    Work in and restoration of right-of-way.

13.15.160    Insurance.

13.15.170    Indemnification.

13.15.180    Performance bond.

13.15.190    Security fund.

13.15.200    Assignments or transfers of franchise or permit.

13.15.210    Transfers affecting control.

13.15.220    Revocation or termination.

13.15.230    Notice and duty to cure.

13.15.240    Department action and hearing.

13.15.250    Standards for revocation or lesser sanctions.

13.15.400    Construction standards – General.

13.15.410    Construction standards – Applicable laws.

13.15.420    Construction standards – Construction permits.

13.15.430    Construction standards – Engineer’s certification.

13.15.440    Construction standards – Traffic control plan.

13.15.450    Construction standards – Issuance of permit.

13.15.460    Construction standards – Notice of construction.

13.15.470    Construction standards – Compliance with permit.

13.15.480    Construction standards – Display of permit.

13.15.490    Construction standards – Survey of underground facilities.

13.15.500    Construction standards – Noncomplying work.

13.15.510    Construction standards – Completion of construction.

13.15.520    Construction standards – Restoration of improvements.

13.15.530    Construction standards – Landscape restoration.

13.15.010 General.

A. No person shall install, construct, or otherwise place within city right-of-way utility or telecommunications facilities as defined herein and in Chapter 6.70 BMC except pursuant to the provisions of this chapter. Those persons who are granted franchises by the city or who enter into lease agreements with the city shall be required in those instruments to comply with the provisions of this chapter, except as specifically negotiated otherwise for good cause clearly and convincingly demonstrated to the city’s satisfaction.

B. Further, all persons subject to this chapter shall:

1. At all times comply with all applicable statutes, laws, ordinances, policies, and regulations;

2. Upon reasonable request, timely provide written confirmation sufficient for customary land survey purposes concerning location of facilities;

3. Upon reasonable request, timely provide the city with accurate as-built maps and plans certifying location of facilities;

4. Upon request, timely make available books, records, maps and other documents maintained with respect to facilities for inspection at reasonable times and places;

5. Pay all applicable fees required under this chapter and Chapter 6.70 BMC. [Ord. 1998-09-074 § 2].

13.15.020 Application for permit.

A person seeking a permit under this chapter shall provide to the city on an application form sufficient information to enable the city to make its determination regarding such permit including but not limited to the following:

A. The financial and technical ability and legal capacity of the applicant;

B. A complete description of applicant’s proposed facilities;

C. The capacity of the right-of-way to accommodate applicant’s facilities;

D. The capacity of the right-of-way to accommodate additional utility or telecommunications facilities;

E. The extent of damage to or disruption of any public or private facilities, improvements, services, travel, or landscaping and any plans by applicant to mitigate or repair the same; and

F. The availability or unavailability of alternate routes or sites to those proposed by the applicant. [Ord. 1998-09-074 § 2].

13.15.025 Administrative application fee.

The applicant shall include with its application an application fee in an amount set by city council by periodic resolution. The application fee is intended to cover the city’s administrative costs in drafting and processing the permit and all work related to its issuance. [Ord. 2017-02-006 § 1].

13.15.030 Notice of permit application.

Upon receipt of a complete application, the department of public works shall cause notice of application for a permit pursuant to this chapter to be published at least once per week for two weeks prior to the granting of such permit. The notice shall briefly describe the nature of the application, and the cost of publication thereof shall be borne by the applicant. If at any time prior to granting of the permit the city receives a signed request in writing for a hearing on the permit, the city council shall set the matter for timely hearing and take whatever action thereon it deems appropriate. However, the department of public works may develop a procedure for dispensing with this notice procedure in situations where the impact of the work to be performed is not substantial. [Ord. 2017-02-006 § 2; Ord. 2002-10-069 § 26; Ord. 1998-09-074 § 2].

13.15.035 Grant or denial of permit.

The public works director or his designee shall review the complete application and then forward it, along with his or her recommendation, to the city council for decision. The public works director’s recommendation, and city council’s decision, on the permit shall be based on the factors listed in BMC 13.15.020(C) through (F). If approved, the permit shall be granted by city council in the form of an ordinance. To the extent practicable, the permit shall contain substantially similar terms and shall not contain more or less favorable terms and conditions than exist in other such permits, taking into consideration relevant characteristics of each applicant. No permit hereunder shall confer any exclusive right, privilege, or license to occupy any city right-of-way, nor convey any right, title, or interest in such right-of-way. Grantees shall comply with all applicable laws and regulations and obtain all necessary construction permits, land-use permits and other permits. [Ord. 2017-02-006 § 3].

13.15.040 Interference with right-of-way.

No person may locate or maintain its facilities so as to unreasonably interfere with the use of the rights-of-way by the city, by the general public, or by any persons authorized to use or be present in such rights-of-way. [Ord. 1998-09-074 § 2].

13.15.050 Damage to property.

No person or anyone acting on such person’s behalf shall take any action or permit any action to take place which may impair or damage any right-of-way or other property located in, on, or adjacent thereto. [Ord. 1998-09-074 § 2].

13.15.060 Notice of work.

Unless otherwise provided in a permit or franchise, no person or anyone acting on such person’s behalf shall commence any nonemergency work in or about the right-of-way without 10 days’ written notice to the city of intent to do so. Owners of property adjacent to and potentially affected by such work shall also be notified in this way. However, the department of public works may develop a procedure for dispensing with this notice procedure in situations where the impact of the work to be performed is not substantial. [Ord. 1998-09-074 § 2].

13.15.070 Repair and emergency work.

In the event of an unexpected repair or emergency, a person may commence repair or emergency work as reasonably required under the circumstances, provided notice is given to the city and affected property owners as completely and promptly as possible. [Ord. 1998-09-074 § 2].

13.15.080 Maintenance of facilities.

Each person shall maintain its facilities in good and safe condition and in compliance with all applicable laws and like requirements. [Ord. 1998-09-074 § 2].

13.15.090 Location of facilities.

All facilities shall be constructed, installed, and located in accordance with the following terms and conditions:

A. Poles, wires and appurtenances shall be located, erected and maintained so that no facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the city, county or state may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.

B. All transmission and distribution structures, lines and equipment shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and as to cause minimum interference with the rights or reasonable convenience of property owners who are adjacent to any of the said streets, alleys or other public ways and places.

C. Underground placement of cable, wires, and conduit is the preferred method of distribution and shall be required in all areas currently receiving underground telephone and electric service. If facilities of any person subject to this chapter are required to be placed underground in the future, others subject to this chapter (including those previously permitted) shall likewise place their facilities underground within a reasonable period of time specified by the city.

D. Wherever possible, location or relocation of facilities shall be accomplished concurrently with other users of the right-of-way in order to minimize disruption. Facilities shall be installed within an existing underground duct or conduit whenever capacity permits. Whenever new facilities will exhaust the capacity of a public street, right-of-way, or utility easement to accommodate future facilities, a person subject to this chapter shall provide additional ducts, conduits, manholes, and other facilities for nondiscriminatory access by future carriers in accordance with policies to this effect promulgated by the public works department.

E. Erection, Removal, and Common Uses of Poles.

1. No poles or other wire holding structures shall be erected within the public right-of-way without prior approval of the city with regard to the location, height, types, and any other pertinent aspect of such structures. However, no location of any pole or wire holding structure of the company shall be a vested interest, and such poles or structures shall be removed or modified by the company at its own expense whenever the city determines that the public convenience would be enhanced thereby.

2. Where the city or a person subject to this chapter desires to make use of the poles or other wire holding structures of one or more other persons subject to this chapter, but agreement thereof among such parties cannot be reached, the city may require the person whose structures are sought to be used to permit use by another for such consideration and upon such terms as the hearing examiner shall determine to be just and reasonable, if the hearing examiner determines that (a) the use would enhance the public convenience, (b) the use would not unduly interfere with the operations of the person whose structures are sought to be used, and (c) such requirement by the city is permitted under applicable law.

F. A person subject to this chapter shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same. The person subject to this chapter shall have the authority to require such payment in advance and shall be given not less than 48 hours’ advance notice to arrange for such temporary wire changes.

G. Each person subject to this chapter is required to provide the city by March 31st of each year a schedule of its proposed construction activities for that year which may affect the right-of-way. All such persons shall cooperate to the extent reasonably required by the city with other users of the right-of-way and with the city to coordinate construction activities. [Ord. 2002-10-069 § 26; Ord. 1998-09-074 § 2].

13.15.100 Relocation or removal of facilities.

Within 30 days of written notice by the city, a person subject to this chapter shall at its own expense temporarily or permanently remove, relocate, alter, or change the position of any facilities within the right-of-way whenever the city, in its sole discretion, determines that such is reasonably necessary for (A) construction, repair, maintenance, or installation of any city or other public improvement in or upon the right-of-way, (B) operations in or upon the right-of-way by the city, or by persons acting for or present in the right-of-way with the city’s permission, or by other governmental entity, or (C) the vacation of a public street or release of a utility easement. [Ord. 1998-09-074 § 2].

13.15.110 Removal of unauthorized facilities.

Within 45 days of written notice by the city, a person subject to this chapter shall, at its sole expense, remove any facilities from the right-of-way. Facilities are subject to removal upon any of the following:

A. Termination or expiration of such person’s franchise or permit.

B. Abandonment of a facility within the right-of-way.

C. The facility having been constructed or located without the prior grant of franchise, execution of a lease, or issuance of a construction permit, or constructed or located at a location not so permitted.

D. Circumstances reasonably determined by the city to be inconsistent with public health, safety, or welfare. [Ord. 1998-09-074 § 2].

13.15.120 Failure to remove or relocate.

If any person subject to this chapter who owns, controls, or maintains any unauthorized facilities within the right-of-way fails to remove or relocate any facilities as required in this chapter, the city may cause such removal or relocation and charge the responsible party for the costs incurred. [Ord. 1998-09-074 § 2].

13.15.130 Emergency removal or relocation of facilities.

The city reserves the right to cut, alter, remove, or relocate any facilities located within the right-of-way as necessary on account of a public health or safety emergency. [Ord. 1998-09-074 § 2].

13.15.140 Damage to facilities.

Unless directly and proximately caused by the willful, intentional, or malicious acts of the city or its sole and gross negligence, the city shall not be liable for any damage to or loss of facilities within the right-of-way as a result of any public works or improvements, construction, excavation, grading, filling, or work of any kind either by or on behalf of the city, including actions taken by the city to remove, relocate, or alter any facilities. [Ord. 1998-09-074 § 2].

13.15.150 Work in and restoration of right-of-way.

When a person subject to this chapter or someone acting on such person’s behalf does any work within a right-of-way, such person shall at his own expense promptly remove any obstructions therefrom and restore such ways or adjacent property to the same condition as existed prior to such work. All persons subject to this chapter shall conduct all work in accordance with state of Washington “locate laws” and with Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction as most recently promulgated. [Ord. 1998-09-074 § 2].

13.15.160 Insurance.

A. Unless specifically agreed to by the city after evaluating the risk, a person subject to this chapter shall secure and maintain in force the following liability insurance policies (or evidence of self-insurance satisfactory to the city):

1. One million dollars for personal injury or death to any one person and $3,000,000 aggregate for personal injury or death per single accident or occurrence.

2. One million dollars for property damage to any one person and $3,000,000 aggregate for property damage per single accident or occurrence.

3. One million dollars for all other types of liability including claims for damages for invasion of the right of privacy; for defamation of any person, firm, or corporation; for the violation or infringement of any copyright, trademark, trade name, service mark or patent; or for damage to any other person, firm, or corporation arising out of or alleged to arise out of failure to comply with the provisions of any statute, regulation or resolution of the United States, state of Washington, or any local agency with jurisdiction.

B. Such insurance shall specifically name as additional insured the city of Bellingham, its officers, and employees, and shall further provide that the policy shall not be modified or canceled during the life of the permit or franchise without given 30 days’ written notice to the city.

C. A person subject to this chapter shall file with the city copies of all certificates of insurance showing up-to-date coverage, additional insured coverage, and evidence of payment of premiums as set forth above. Coverage shall not be changed or canceled without approval of the city, and failure to maintain required insurance may be considered a breach of this agreement. The city may at its option review all insurance coverage. If it is determined by the city risk manager that circumstances require and that it is reasonable and necessary to increase insurance coverage and liability limits to adequately cover the risks of the city, the city may require additional insurance to be acquired. The city shall provide written notice should the city exercise its right to require additional insurance. All insurance shall provide 30 days’ prior written notice to the city in the event of modification or cancellation. The city shall be provided written notice within 30 days after any approved reduction in the general annual aggregate limit. [Ord. 1998-09-074 § 2].

13.15.170 Indemnification.

A person subject to this chapter shall, at its sole expense, fully indemnify, defend and hold harmless the city, and in its capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise (except those arising wholly from negligence on the part of the city or its employees) (A) for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of such person or its officers, agents, employees, or contractors or to which such person or its officers’, agents’, employees’ or contractors’ acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by the permit or franchise or applicable law; (B) arising out of or alleged to arise out of any claim for damages for such person’s invasion of the right of privacy, defamation of any person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and/or (C) arising out of or alleged to arise out of such person’s failure to comply with the provisions of any statute, regulation or applicable policy of the United States, state of Washington or any local agency applicable to such person in its business. Nothing herein shall be deemed to prevent the city, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve a person subject to this chapter from its duty of defense against liability or of paying any judgment entered against the city, its officers, or its employees. [Ord. 1998-09-074 § 2].

13.15.180 Performance bond.

Within 30 days after a grant herein, a person subject to this chapter shall submit to the city attorney, which shall be filed with the city finance director and maintained at all times in full force and effect, a performance bond running to the city, with good and sufficient surety licensed to do business in the state of Washington and approved by the city in an amount reasonably determined by the city, conditioned that such person shall well and truly observe, fulfill, and perform each term and condition of its permit or franchise. This bond shall be conditioned that in the event such person shall fail to comply with any one or more of the provisions of its permit or franchise, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property as prescribed; said condition to be a continuing obligation for the duration of the permit or franchise and thereafter until such person has liquidated all of its obligations with the city that may have arisen from the acceptance of a franchise or issuance of a permit or from such person’s exercise of any privilege herein granted; provided, that, upon completion of any construction called for in a franchise or permit, the amount of this bond may be reduced to an amount reasonably determined by the city to be adequate to protect its interests. Written evidence of payment of required premiums shall be provided to the city upon request. [Ord. 1998-09-074 § 2].

13.15.190 Security fund.

A. The city reserves the right to require of any person subject to this chapter that such person deposit into a bank account, established by the city, and maintain for such term as is reasonable under the circumstances with interest running to such person, a sum of money in an amount reasonably determined by the city as security for the faithful performance by such person of all the provisions of its franchise or permit, and compliance with all orders, permits and directions of any agency of the city, and for the payment of any claims, liens and taxes due the city or liquidated damages imposed by the city which arise by reason of the construction, operation or maintenance of such person’s system. Within 30 days after notice to it that any amount has been withdrawn by the city from the security fund pursuant to the foregoing, such person shall deposit a sum of money sufficient to restore such security fund to the original amount in the account at the time of withdrawal.

B. If such person fails after 10 days’ notice to pay the city any delinquent fees, taxes or other amounts due and unpaid; or fails to repay to the city, after such 20 days’ notice, any damages, costs or expenses which the city shall be compelled to pay by reason of any act or default of such person; or fails after 45 days’ notice of such failure by the city to comply with any provision of its franchise or permit which the city reasonably determines can be remedied by an expenditure of the security, the city may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the city shall notify such person of the amount and date thereof.

C. The security fund deposited pursuant to this section shall become the property of the city in the event that a franchise or permit is canceled by reason of the default of the person subject to this chapter or revoked for cause. Such person, however, shall be entitled to the return of such security fund or portion thereof which remains on deposit at the expiration of the term of the permit or franchise, or upon termination of the permit or franchise at an earlier date upon payment of all sums then due to the city. [Ord. 1998-09-074 § 2].

13.15.200 Assignments or transfers of franchise or permit.

The city reserves the right to require in any franchise or permit that ownership or control of a person subject to this chapter shall not, directly or indirectly, be transferred, assigned, or disposed of by sale, lease, merger, consolidation or other act of such person, by operation of law or otherwise without the prior written consent of the city, which consent shall not be unreasonably withheld or delayed.

A. No franchise shall be assigned or transferred in any manner within 12 months of its issuance, unless otherwise provided.

B. Absent extraordinary and unforeseeable circumstances, no franchise shall be assigned or transferred before construction of the facilities has been completed.

C. A franchisee and the proposed assignee or transferee shall provide and certify the following to the city not less than 120 days prior to the proposed date of transfer:

1. Complete information setting forth the nature, terms and conditions of the proposed assignment or transfer;

2. All information otherwise reasonably required by the city of a franchise applicant under this chapter with respect to the proposed assignee or transferee;

3. Any other information reasonably required by the city; and

4. An application fee which shall be set by the city, plus any other costs actually and reasonably incurred by the city in processing and investigating the proposed assignment or transfer.

D. No transfer shall be approved unless the assignee or transferee has at least the legal, technical, financial, and other requisite qualifications to carry on the activities of the franchisee or permit granted hereunder.

E. Any transfer or assignment of a permit or franchise without the prior written consent of the city as set forth herein shall be void and shall result in revocation of the existing permit or franchise. [Ord. 1998-09-074 § 2].

13.15.210 Transfers affecting control.

Any transactions which singularly or collectively result in change of 50 percent or more of the ownership or working control of the franchisee, or of the ownership or control of affiliated entities which have ownership or working control of the franchisee, or of control of the capacity or the facilities or substantial parts thereof of the franchisee shall be considered an assignment or transfer requiring city approval pursuant to BMC 13.15.200. Transactions between affiliated entities are not exempt from city approval; however, a transfer by a franchisee to another person or entity controlling, controlled by, or under common control with franchisee shall not require city approval, provided notice thereof is timely provided to the city. Approval shall not be required for mortgaging purposes. [Ord. 1998-09-074 § 2].

13.15.220 Revocation or termination.

A franchise or permit granted hereunder may be revoked for the following reasons:

A. Construction or operation in the city without a franchise or permit.

B. Construction or operation at an unauthorized location.

C. Unauthorized transfer of control of the person subject to this chapter.

D. Unauthorized assignment of a franchise or permit.

E. Unauthorized sale, assignment or transfer of all of a franchisee’s or permittee’s assets, or a substantial interest therein.

F. Misrepresentation or lack of candor by or on behalf of a person in any application upon which the city relies in making any decision herein.

G. Abandonment of facilities in the public ways.

H. Failure to relocate or remove facilities as required in this chapter.

I. Failure to pay taxes, compensation, fees or costs when and as due.

J. Insolvency or bankruptcy of the franchisee or permittee.

K. Violation of material provisions of this chapter.

L. Violation of the material terms of a permit or franchise agreement. [Ord. 1998-09-074 § 2].

13.15.230 Notice and duty to cure.

In the event that the city believes that grounds exist for revocation of a franchise or permit, the city shall give the person subject to this chapter written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing such person a reasonable period of time not exceeding 30 days to furnish evidence:

A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.

B. That rebuts the alleged violation or noncompliance.

C. That it would be in the public interest to impose some penalty or sanction less than revocation. [Ord. 1998-09-074 § 2].

13.15.240 Department action and hearing.

In the event that a person holding a franchise or permit under this chapter fails to cure any violation identified by the city in a written notice issued pursuant to this chapter, the city department responsible for administration of the franchise shall refer the apparent violation or noncompliance to the city council. The city council shall provide such person with notice and a reasonable opportunity to be heard concerning the matter. [Ord. 2017-02-006 § 4; Ord. 2002-10-069 § 26; Ord. 1998-09-074 § 2].

13.15.250 Standards for revocation or lesser sanctions.

In determining whether a person subject to this chapter has violated or failed to comply with material provisions of this chapter or of a franchise or permit, the appropriate authority shall determine the appropriate action to take considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:

A. Whether the misconduct was egregious.

B. Whether substantial harm resulted.

C. Whether the violation was intentional.

D. Whether there is a history of prior violations of the same or other requirements.

E. Whether there is a history of overall compliance.

F. Whether the violation was voluntarily disclosed, admitted or cured. [Ord. 1998-09-074 § 2].

13.15.400 Construction standards – General.

No person shall commence or continue with the construction, installation or operation of facilities within the city except as provided herein. [Ord. 1998-09-074 § 2].

13.15.410 Construction standards – Applicable laws.

Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the state’s on-call system. [Ord. 1998-09-074 § 2].

13.15.420 Construction standards – Construction permits.

A. The public works department is authorized to establish a reasonable fee for permission to cut any public street or alley, provided such fee is reasonably related to recovering costs, if any, to the general public caused by such activity.

B. Other than as exempted by applicable law, no person shall construct or install any facilities within the city without first obtaining a construction permit therefor. The applicant shall provide the following:

1. The location and route of all facilities to be installed in city right-of-way, including on existing utility poles.

2. The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways.

3. The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.

4. The location of all facilities within the city which are not located within the right-of-way.

5. Construction methods to be employed for protection of existing structures, fixtures, and facilities within and adjacent to the right-of-way.

6. The location, dimensions, and type of trees and significant vegetation within or adjacent to the right-of-way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant vegetation or areas disturbed by the construction. [Ord. 2017-02-006 § 5; Ord. 1998-09-074 § 2].

13.15.430 Construction standards – Engineer’s certification.

Upon request by the city, permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with the applicable technical codes, rules and regulations. [Ord. 1998-09-074 § 2].

13.15.440 Construction standards – Traffic control plan.

All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual on Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. [Ord. 1998-09-074 § 2].

13.15.450 Construction standards – Issuance of permit.

Within 45 days after submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the city, if satisfied that the applications, plans and document comply with all requirements of this chapter, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as are deemed necessary or appropriate. [Ord. 1998-09-074 § 2].

13.15.460 Construction standards – Notice of construction.

Other than for routine, individual service installations, the permittee shall notify the city not less than five working days in advance of any excavation or work in the public ways. [Ord. 1998-09-074 § 2].

13.15.470 Construction standards – Compliance with permit.

All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. Authorized representatives of the city shall be provided access to the work and such further information is required to ensure compliance with such requirements. [Ord. 1998-09-074 § 2].

13.15.480 Construction standards – Display of permit.

The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by representatives of the city at all times when construction work is occurring. [Ord. 1998-09-074 § 2].

13.15.490 Construction standards – Survey of underground facilities.

If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a registered land surveyor. The permittee shall relocate any facilities which are not located in compliance with permit requirements. [Ord. 1998-09-074 § 2].

13.15.500 Construction standards – Noncomplying work.

Upon order of an authorized representative of the city, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed. [Ord. 1998-09-074 § 2].

13.15.510 Construction standards – Completion of construction.

The permittee shall promptly complete all construction activities so as to minimize disruption of right-of-way and other public and private property. All construction work authorized by a permit within the right-of-way, including restoration, must be completed within 120 days of the date of issuance. [Ord. 1998-09-074 § 2].

13.15.520 Construction standards – Restoration of improvements.

Upon completion of any construction work, the permittee shall promptly repair any and all public and private property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. [Ord. 1998-09-074 § 2].

13.15.530 Construction standards – Landscape restoration.

A. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of facilities, whether such work is done pursuant to a franchise or permit, shall be replaced or restored as nearly as may be practicable to the condition existing prior to performance of work.

B. All restoration work within the public ways shall be done in accordance with landscape plans approved by the city. [Ord. 1998-09-074 § 2].