Chapter 15.28
TELECOMMUNICATIONS INFRASTRUCTURE IMPROVEMENT ORDINANCE
Sections:
15.28.020 Telecommunications infrastructure improvement
15.28.010 Definitions.
A. For the purpose of this chapter, the following definitions apply:
“Company” refers to any utility, telephone or telecommunications company, or broadband service provider that is authorized by any government entity or law to provide services or operate in city of Lakeport.
“Conduit” refers to a tube, duct, or other device or structure designed for enclosing telecommunication wires or cables.
“Director” refers to the director of the city’s department of public works or his or her designee.
“Excavation” refers to any process which removes material from the ground through digging, drilling, boring, or other activity for the purpose of installing utilities, infrastructure, or other structures or equipment.
“Facilities” and “infrastructure” refer to wires, cables, conduit, switches, transmission equipment, or other equipment for use in transmitting or processing telecommunications services or for providing support or connection to such equipment.
“Feasible” refers to the capability of being accomplished in a successful manner within a reasonable period of time, taking into account appropriate environmental, physical, legal, economic, and technological factors.
“Incremental cost” refers to the cost associated with adding telecommunications cable, conduit, and other related equipment to an excavation project, including the cost of the materials needed and any additional labor cost.
“Reconstruction” refers to any project which repairs or replaces fifty percent or more of an existing road, highway, or rail line.
“Rights-of-way” (“ROW”) refers to the area upon or adjacent to any city-owned road, highway, or rail line or along or across any of the waters or lands owned or controlled by the city.
“ROW permit” refers to a permit issued pursuant to this chapter.
“Telecommunications” refers to data, voice, video, or other information provided by copper wire, coaxial cable, fiber-optic cable, or other technology.
“Telecommunications service providers” refers to any person, company, corporation, or other entity providing data, voice, cable, video, or other information services by wire, fiber-optic cable, or other technology. (Ord. 922 §1(part), 2019)
15.28.020 Telecommunications infrastructure improvement.
In recognition of the need to provide local residents and businesses within the community with the infrastructure required to meet their telecommunications needs, this chapter requires the following:
A. No company may undertake any construction, reconstruction, or repaving project involving excavation of the city ROW without first obtaining a ROW permit pursuant to this chapter.
B. No fewer than thirty days prior to a company’s intended construction, reconstruction, or repaving start date, a written application for a city ROW permit, along with payment of any fees or deposit required by the city, shall be filed with the director of public works, in the form and manner required by the director.
C. The ROW application shall contain, at a minimum, all of the following information:
1. General information regarding any infrastructure and/or equipment that the company plans to apply for permits to install within the ROW in the next six months, regardless of whether a permit is currently sought for that infrastructure and/or equipment.
2. Site plan of the infrastructure and/or equipment proposed to be located within the ROW, including a map in digital and/or other form required by the city, including digital geographical information system (GIS) formats.
3. Estimated project start and completion dates.
4. A traffic control plan, if required, that complies with guidelines established by the director.
D. Companies leading construction, reconstruction, or repaving projects involving excavation of city rights-of-way shall notify, advise, and coordinate with other companies (i.e., telephone or telecommunications companies or broadband service providers) regarding construction work to install telecommunications infrastructure in the right-of-way to a practical and feasible extent. This coordination shall be conducted through city or company sponsored coordination meetings. The frequency of the meetings shall be determined in coordination between the director and project leading company. As a result of the coordination, installation of, or upgrades to, telecommunications facilities or infrastructure will be included as needed. In new developments, the company shall contact the developer to determine whether any surplus conduit is available in the areas that the company plans to install facilities or infrastructure, and whether any joint trenching or boring projects are feasible.
E. The public works director shall maintain a list of companies (i.e., telephone and telecommunications companies and broadband service providers) and shall send notifications to these companies regarding construction, reconstruction, and repaving projects and coordination to install telecommunications infrastructure in the right-of-way, to a practical and feasible extent.
F. The city may also opt in to participate in the installation of telecommunication infrastructure in the construction, reconstruction, or repaving projects.
G. When utility or telecommunications companies or the city participate or join in a construction, reconstruction, or repaving project that involves excavation in the city ROW, and install telecommunications facilities or infrastructure in such projects, these companies shall be responsible for the ROW permit applicant’s incremental costs for installing these facilities and infrastructure.
H. The director of public works will work with companies and contractors to identify cost-effective approaches consistent with city requirements.
I. All installations shall be approved by the director of public works. Technical specifications for installing telecommunications infrastructure shall be discussed among companies participating in the project and technical specifications may also be developed in association with this chapter.
J. In order to verify that a company has carried out the construction, reconstruction, or repaving project in the city ROW pursuant to this chapter, the city reserves the right to inspect the project, as well as to inspect all necessary documents related to said project.
K. There shall be a five-year moratorium on excavating in the city ROW that have been constructed, reconstructed, or repaved in the preceding five years to protect the public infrastructure and maintain the integrity of the pavement and ROW. However, waivers to the moratorium may be granted by the public works director for “good cause,” such as:
1. To repair leaks;
2. To respond to emergencies;
3. To provide services to buildings where no other reasonable means of providing service exists;
4. Other situations deemed by the director to be in the best interest of the general public. (Ord. 922 §1(part), 2019)
15.28.030 Implementation.
No less than sixty days before the ordinance codified in this chapter takes effect, the city of Lakeport shall e-mail, fax, mail, or deliver a copy of the ordinance to all telecommunications service providers and other affected entities doing business within the city of Lakeport. (Ord. 922 §1(part), 2019)
15.28.040 Exemptions.
A. The director of public works may exempt construction, reconstruction, or repaving projects from the requirements of this chapter where compliance is found to be impractical or infeasible. Requests for an exemption shall be in writing, and the director’s decision shall be final.
B. An exemption application shall include all information necessary for the director of public works to make a decision, including but not limited to documentation showing factual support for the requested exemption.
C. The director of public works may approve the exemption application in whole or in part, with or without conditions. (Ord. 922 §1(part), 2019)
15.28.050 Enforcement.
Enforcement of this chapter shall be as follows:
A. The director of public works shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The director is authorized to establish regulations or administrative procedures to ensure compliance with this chapter.
B. A person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.
C. The city of Lakeport may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure authorized by it through any lawful means provided by state law and this code.
D. The remedies and penalties provided in this chapter are cumulative and not exclusive of one another.
E. The director of public works may inspect the premises of any construction, reconstruction, repaving, or excavation project to verify compliance with this chapter. (Ord. 922 §1(part), 2019)
15.28.060 Violations.
Violations of this chapter shall be enforced as follows:
Violation of this chapter is hereby declared to be a public nuisance. Any violation described in Section 15.28.020 shall be subject to abatement by the city of Lakeport, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by injunction, upon a showing of violation. (Ord. 922 §1(part), 2019)