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<br />Right-of-Way Ordinance No. 113 14
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<br />1. a new installation of buildings, sings, streetlights or other structures;structures.
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<br />2. a new subdivision of land; or
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<br />3. a new development containing new commercial or industrial buildings.
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<br />4. Undergrounding of Permanent, Relocated or Reconstructed Facilities. A permanent replacement,
<br />relocationrelocation, or reconstruction of a facility of more than 300 feet must be located, and maintained
<br />underground, with due regard for seasonal working conditions. For purposes of this section, reconstruction
<br />means any substantial repair of or any improvement to existing facilities. Undergrounding is required
<br />whether a replacement, relocation or reconstruction is initiated by the right -of-way user owning or
<br />operating the facilities, or by the City in connection with (1) the present or future use by the City or other
<br />local government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the
<br />safety and convenience of travel over the right-of-way.
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<br />5. Corridors. The City may assign specific corridors within the right-of-way, or any particular segment
<br />thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City
<br />expects will someday be located within the right-of-way. All excavation, obstruction, or other permits
<br />issued by the City involving the installation or repla cement of facilities shall designate the proper corridor
<br />for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with
<br />the corridors established by the city shall, no later than at the time of the next reconstruction or excavation
<br />of the area where the facilities are located, move the facilities to the assigned position within the right-of-
<br />way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors
<br />as the remaining economic life of the facilities, public safety, customer service needs, and ha rdship to the
<br />registrant.
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<br />6. Limitation of Space. The Zoning AdministratorCity Engineer shall, to the extent possible, accommodate
<br />all existing and potential users of the right-of-way. In doing so, the Administrator shall be guided by
<br />consideration of the public interest, including the public’s needs for the particular utility service, the
<br />condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing
<br />facilities in the right-of-way, and future City plans for public improvements and development projects.
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<br />6.7. Nuisance. One year after the passage of this Ordinance, any facilities found in a right-of-way that have not
<br />been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law
<br />or in equity, including, but not limited to, abating the nuisance, or taking possession of the facilities and
<br />restoring the right-of-way to a useable condition.
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<br />Section 1720. Retirement of Overhead Facilities. The City Council may determine whether it is in the public
<br />interest that all facilities within the City, or within certain districts designated by the City, be permanently placed and
<br />maintained underground by a date certain or target date, independently of undergrounding required pursuant to
<br />Section 16 19 of this Ordinance. The decision to underground existing facilities must be preceded by a public
<br />hearing, after notice published for two (2) consecutive weeks and written notice mailed to the utilities affected at
<br />least 30 days prior to the hearing. At the hearinghearing, the City Council must consider, at a maximum, all of the
<br />issues stated in 17.2 below and make findings. Undergrounding of existing facilities may not take place until the
<br />City Council has, after hearing and notice, adopted a plan in accordance with 1720.3 below.
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<br />1. Public Hearings. A hearing must be open to the public and may be continued from time to time. At each
<br />hearinghearing, any person interested must be given an opportunity to be heard. The subject of the public
<br />hearings shall be the issue of whether Facilities in the right -of-way in the City, or located within a certain
<br />district, shall all be located underground by a date certain. Hearings are not necessary for the
<br />undergrounding required under Section 16 19 of this Ordinance.
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<br />2. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to:
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