Chapter 13.04
UTILITY POLES

Sections:

13.04.010    Placement in streets.

13.04.020    Placement in alleys.

13.04.030    Right to a permit.

13.04.040    Permit required.

13.04.050    Application.

13.04.060    As-built plans.

13.04.070    Review.

13.04.080    Standards.

13.04.090    Relocation expense.

13.04.100    Utility installation – Indemnification of city.

13.04.010 Placement in streets.

Whenever and wherever electric power poles, telephone poles or other types of wire-carrying poles are placed in the public streets of the city by power generation and distribution agencies or companies, and telephone operations and service agencies or companies, or other agencies or companies who maintain pole lines located on the public streets within the corporate limits of the city, all such electric power poles, telephone poles or other types of wire-carrying poles shall be placed as nearly as possible in a straight line on the same side of said street, and in no event shall the center of said poles be placed more than 18 inches from the boundary of private property bordering said street. (Ord. 37 § 1, 1953)

13.04.020 Placement in alleys.

Whenever and wherever electric power poles, telephone poles or other types of wire-carrying poles are placed by power generation and distribution agencies or companies, and telephone operation and service agencies or companies, or other agencies or companies who maintain pole lines located in the public alleys within the corporate limits of the city, said electric power poles and telephone poles or other types of wire-carrying poles shall be placed in said public alleys as close to the private property line of said alleys as is practicable. (Ord. 37 § 2, 1953)

13.04.030 Right to a permit.

Public utilities shall have the right to a permit to use public streets, alleys and other public ways in the city for providing and maintaining public utilities pursuant to AS 42.05.251 as may be amended from time to time, subject to the provisions of this chapter. (Ord. 259 § 3, 1983)

13.04.040 Permit required.

No public utility shall place, install or maintain a utilities line or facility within a city right-of-way or easement unless a permit is first obtained from the city setting forth the location of the proposed utility and conditions of use and payment of reasonable permit fees. Every utility must have a franchise with the city in effect prior to the application for a permit. (Ord. 259 § 3, 1983)

13.04.050 Application.

An application for use of a right-of-way or easement by a utility shall be submitted to the city manager and accompanied by the required permit fee established by the city council and as amended from time to time. The application shall contain and not be limited to the following documents and documentation:

A. Engineer’s drawings showing proposed location and length with beginning and ending points, offsets from property lines, cross-sections showing depth and street crossings if underground, street names, and north arrow;

B. Application to include types of facility(ies) and intended use;

C. All horizontal and vertical separations and clearances shall be maintained according to the applicable codes and/or standards;

D. All applications shall be on city-prescribed forms. (Ord. 259 § 3, 1983)

13.04.060 As-built plans.

A. Final as-built plans shall be submitted to the city manager within 90 days after physical installation showing true locations and depths. Any part of a utility which is constructed outside the permitted zone shall be relocated at the utility’s expense.

B. A system map showing all of the utilities facilities located under permit is to be furnished to the city. The system map is to be updated annually and such revised map shall be furnished to the city no later than January 31st. (Ord. 259 § 3, 1983)

13.04.070 Review.

A. The city manager or his/her designee shall review, approve or deny the request for a permit within 15 working days after receipt. The approval or denial will be in writing, stating reason of denial. Permits issued may include reasonable conditions to protect the property and interests of the city.

B. A utility may appeal the decision of the city manager to the city council.

C. All requests will be logged and assigned a sequential permit number. Requests received in an improper form shall be returned for correction and not assigned a permit number. (Ord. 259 § 3, 1983)

13.04.080 Standards.

A. Depth of Bury. When a utility crosses a right-of-way, the minimum bury shall be a three-foot depth. This minimum depth shall be maintained across the entire right-of-way. The city shall designate reasonable depth of bury for future street grades and depth of bury shall be incorporated as part of permit.

B. Offset from Property Line. Offsets if required will be established at the time the permit application is reviewed and will vary according to long-range street design requirements.

1. There shall be no front yard utility easements permitted in the city; except, that a utility during the platting process with concurrence of the city may request a front yard easement at the front yard and side yard property line intersection for the placement of transformer pads and pedestals.

2. Only in the event of special circumstances where the providing of the service is unpracticable without a front yard easement, the utility may petition the city for permission for a front yard easement which may be allowed at other than during the platting process.

C. Underground Vaults. Top of rim shall be six inches below existing unpaved streets. Utility shall adjust tops at their expense at the time of paving of streets.

D. Cutting of Pavement. Cutting of pavement or concrete is prohibited except for emergency repairs. Emergency pavement cuts authorization shall be in writing only. The requesting utility shall make every effort to receive written authorization. If unable to locate the proper personnel, the emergency pavement cut shall be reported to the police department who shall log the time, date and nature of request. Pavement cuts shall be in accordance with DOT/PF Standard Construction Specifications, current edition.

E. Restoration. Where gravel/dirt streets exist, all street crossings shall be at the recommended depths. Backfill material shall be the excavated material placed in 12-inch layers and compacted with the appropriate compacting tools. Settlement of crossing shall be the utility company’s responsibility. Where areas have been seeded/sodded, the utility company shall reseed/resod to equal to or better than preexisting conditions.

F. Conflict with Existing. The city’s utilities shall have first priority of use of right-of-way or easements. Variances may be granted when it is in the best interest of the city.

G. National Standards. Utility facilities constructed shall conform to state law, local ordinance and recognized applicable national standards, whichever is more stringent. The utility manager shall sign the application for a permit.

H. Coordination. Coordination of utility placement for new subdivisions shall be the responsibility of the subdivider.

I. Compliance. The utility shall guarantee compliance with this chapter whether the work is done by the utility or contractor. (Ord. 259 § 3, 1983)

13.04.090 Relocation expense.

A. Any relocation required by the city as a result of a violation of permit conditions, not in accordance with applicable codes, or when constructed without a valid permit shall be borne 100 percent by the utility.

B. Any relocation required by the city that was constructed pursuant to a valid permit shall be borne by the city unless otherwise determined by state statute. Relocation costs, if any, shall be based on the remaining service life. There shall be no costs incurred by the city if the facility to be relocated is obsolete. (Ord. 259 § 3, 1983)

13.04.100 Utility installation – Indemnification of city.

Anyone accepting permits under the terms of PMC 13.04.030 through 13.04.090 shall, in addition to the provisions provided for in PMC 13.04.030 through 13.04.090, indemnify and save the city free and harmless from any liability, loss, cost, damage, trouble or expense due to casualty, accident or damages either to persons or property which may at any time arise or occur by reason of the construction, maintenance, operation, or use of conduits, pipes, ducts, utility tunnels, vaults, manholes, poles, wires or any other appurtenances of any character placed under authority of PMC 13.04.030 through 13.04.090, not arising from the sole negligence of the city. Such indemnity is required until the pipes, ducts, utility tunnels, vaults, manholes, poles, wires or any other appurtenances are removed from the street, or until the city furnishes a written release of the requirement to the owner thereof. (Ord. 259 § 3, 1983)