Chapter 12.30
UTILITY PERMIT
Sections:
12.30.010 Utility installations – Permit required – Revocation – Conditions.
12.30.020 Utility installations – Application for permit – Issuance.
12.30.040 Utility installations – Permit fees.
12.30.050 Utility installations – Restoration warranty for work inside a roadway prism – Remedies.
12.30.060 Utility installations – Restoration warranty for work outside a roadway prism – Remedies.
12.30.070 Transfer of utility ownership.
12.30.080 Utility installations – Authority to require joint use of facilities.
12.30.090 Utility installations – Disconnection of wires to allow moving of buildings.
12.30.110 Utility installations – Removal of facilities on cessation of use.
12.30.120 Utility installations – Provision for future street grades.
12.30.130 Utility installations – Reference markers.
12.30.140 Utility installations – Indemnification of borough.
12.30.010 Utility installations – Permit required – Revocation – Conditions.
(a) It is unlawful for a utility having the right under AS Title 42, any borough 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 borough, without complying with all the provisions of any ordinance in relation thereto and obtaining and complying with a permit from the director of public works. Permits issued may be revoked on twenty (20) days’ notice from the director of public works.
(b) The terms and conditions of the use and occupancy of public places in the borough by a utility constructing or operating under authority of this section shall be as set out in KGBC 12.30.020 through 12.30.140.
(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 KGBC 12.30.030(a) 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 public works, the planning department and the relevant fire department of its action. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.010.]
12.30.020 Utility installations – Application for permit – Issuance.
A utility desiring to place or maintain any of the authorized facilities mentioned in KGBC 12.30.010 shall, prior to the commencement of any work, file an application for a permit therefor as described in this chapter. When permission has been granted by the director of public works, a permit allowing for such construction shall be issued by the director of public works, who shall have the power to inspect the construction and who shall keep a record of the permit and the work done thereunder. Except as provided for in KGBC 12.30.030, 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. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.020.]
12.30.030 Utility installations – Blanket utility permits – Provision for – Work log required – Individual public place permit not required.
(a) Provision for Blanket Utility Permits. A utility may obtain one (1) 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. 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 chapter and the permit requirements. The utility shall notify the borough of the location and description of the work under the blanket permit.
(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. If as-built drawings of the work are available they shall be provided. Timely submittal of the log, as specified in the permit, shall satisfy the notification requirement in subsection (a) of this section. 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 borough electronically.
(c) Borough Inspection Not Performed. The director of public works or 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 of public works or designee may perform periodic inspections of a utility’s work under a blanket utility permit. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.030.]
12.30.040 Utility installations – Permit fees.
A utility performing work under a permit required by KGBC 12.30.010 or a permit allowed by 12.30.030 shall pay a permit fee as set forth in Chapter 12.20 KGBC. This section does not apply to work to be performed pursuant to a subdivision agreement under Chapter 17.65 KGBC. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.040.]
12.30.050 Utility installations – Restoration warranty for work inside a roadway prism – Remedies.
(a) Restoration Warranty for Work Inside a Roadway Prism. A utility performing work in a roadway prism under a permit required by this chapter 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 that 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 borough determines that the restoration described in subsection (a) of this section 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 applicable standard specifications, details, and design standards. Crack sealing alone is not an approved reconstruction method. Within five (5) business days 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 chapter 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 thirty (30) days therefrom. Following reconstruction, the restoration warranty shall continue in accordance with subsection (a) of this section. If the utility fails to begin reconstruction within five (5) business days following receipt of the notice, the director of public works 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 one thousand dollars ($1,000) per 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 KGBC 1.25.050 may be assessed the utility. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.050.]
12.30.060 Utility installations – Restoration warranty for work outside a roadway prism – Remedies.
(a) Restoration Warranty for Work Outside a Roadway Prism. A utility performing work outside a roadway prism under a permit allowed by this chapter 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 (5) 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 this section. The warranty period shall start when the permit is closed.
(b) Remedies. If at any time the borough determines that the restoration described in subsection (a) of this section has not performed at least equal to the adjacent surface grade and cross-section in accordance with subsection (a) of this section, it will notify the utility in writing that the restoration must be reconstructed in accordance with the applicable standard specifications, details, and design standards. Crack sealing alone is not an approved reconstruction method. Within ten (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 chapter 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 thirty (30) days therefrom. Following reconstruction, the restoration warranty period shall start anew, in accordance with subsection (a) of this section. If the utility fails to accomplish the reconstruction within ten (10) days following receipt of the notice, the director of public works 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 KGBC 1.25.050. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.060.]
12.30.070 Transfer of utility ownership.
Unless otherwise agreed to by the borough, any transfer of ownership of facilities shall include the transfer of all rights and obligations under permits issued in this chapter for those facilities including, but not limited to, warranties, fees, and fines. [Code 1974 §70.50.070.]
12.30.080 Utility installations – Authority to require joint use of facilities.
Where feasible and practical, the director of public works may require joint use of poles, trenches and other facilities constructed under authority of this chapter. 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 public works 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. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.080.]
12.30.090 Utility installations – Disconnection of wires to allow moving of buildings.
Anyone having a permit from the borough to have wires within a public place, upon thirty (30) days’ notice from the director of public works, 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. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.090.]
12.30.100 Utility installations – Order to change, relocate or remove facilities – Public convenience and necessity defined.
(a) If, incident to construction of public place capital improvement projects by the borough or to any other construction for the public convenience and necessity authorized or ordered by the borough in any public place, the borough 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. Such time for completion shall be reasonable in view of the work required to accomplish the relocation.
(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 borough 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 public works 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 borough. The original permit shall be void upon twenty (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 KGBC 12.25.030 after the order and twenty (20) day notice period expire without compliance.
(c) Except as provided in subsection (g) of this section, the borough 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 borough incident to a borough 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 borough, 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 borough 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 borough, 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.
(d) In all cases where a valid permit is presumptively required as a condition for borough reimbursement of a utility relocation and the actual permit document is unavailable, the borough 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 borough, or borough permit, any utility facility in, over, along or under a public street or place or other property of the borough.
(f) As used in KGBC 12.30.040 through 12.30.140, 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 prudent manner, in compliance with all federal, state, and borough 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 KGBC 12.30.010(c) or subsection (c) or (d) of this section, or where the facilities are not in compliance with the borough permit, easement or other valid authorization allowing for their installation.
(2) The costs are attributed to a betterment of the relocated facility.
(3) The costs are attributable to a relocation done for the convenience of the utility.
(4) 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 KGBC 12.30.010. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.100.]
12.30.110 Utility installations – Removal of facilities on cessation of use.
Utilities accepting permits under the terms of this chapter for the installation of any facility shall remove or decommission such facility at the direction of the director of public works when the facility is no longer required, such work to be done at the expense of the utility. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.110.]
12.30.120 Utility installations – Provision for future street grades.
(a) All underground utility pipes, ducts, utilidors, vaults, manholes, tunnels or other facilities or appurtenances thereto installed under authority of KGBC 12.30.010 through 12.30.130 shall be designed and placed to provide acceptable minimum bury below future street grades as established by the department of public works, the depths of bury to be approved by the director of public works 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 borough by contract or force account, which may by virtue of the terms of Chapters 12.20, 12.25, 12.35, and 12.40 KGBC be exempted from the posting of an indemnity deposit, plans will be submitted to the department of public works for review and for the establishment of depth and location to accommodate future street grades. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.120.]
12.30.130 Utility installations – Reference markers.
The director of public works 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 public works. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.130.]
12.30.140 Utility installations – Indemnification of borough.
A utility accepting permits under the terms of this chapter shall, in addition to meeting the requirements of KGBC 12.30.010 through 12.30.130, indemnify and save the borough 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 KGBC 12.30.010 through 12.30.130, not arising from the sole negligence of the borough. Such indemnity is required until two (2) years after the facilities are removed from the public place, or until the borough furnishes a written release of the requirement to the owner thereof. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.50.140.]