Chapter 12.15 PUBLIC RIGHT-OF-WAY MANAGEMENT

This chapter shall be referred to as the “public right-of-way management ordinance,” “ROW management ordinance,” or “this chapter.” [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.020 Jurisdiction and management of the public right-of-way.

A. The city has jurisdiction and exercises regulatory management authority over all public rights-of-way in the city of Junction City, Oregon, pursuant to the Charter of the city of Junction City, Oregon, and laws of the state of Oregon. The city’s purpose for exerting its management authority over the public right-of-way is to protect and efficiently manage the public’s resources and to ensure fair and nondiscriminatory access to the public right-of-way.

B. The city has jurisdiction and exercises regulatory management over each public right-of-way whether the city has a fee, easement, or other legal interest in the public right-of-way. The city has jurisdiction and regulatory management of each public right-of-way whether the legal interest in the public right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means.

C. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use public rights-of-way through franchise agreements and right-of-way construction permits.

D. The exercise of jurisdiction and regulatory management of a public right-of-way by the city is not official acceptance of the public right-of-way and does not obligate the city to maintain or repair any part of the public right-of-way.

E. The city retains the right and privilege to cut or move any facilities located within the public right-of-way as the city may determine to be necessary, appropriate, or useful in response to an emergency. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.030 Regulatory fees and compensation not a tax.

A. The fees and costs addressed in this chapter, and any compensation charged and paid for regarding the use of the public right-of-way addressed in this chapter, are separate from and in addition to any and all other federal, state, local, and city fees, taxes, or charges as may be levied, imposed on or due from a permittee.

B. The city has determined that any fee provided for by this chapter is not subject to the property tax limitations of Article XI, Sections 11 and 11b of the Oregon Constitution. These fees are not imposed on property or property owners.

C. The fees and costs provided for in this chapter are subject to applicable federal and state laws. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.040 Definitions.

To the extent applicable, Section 5, Definitions, of the communication provider public right-of-way management ordinance shall also apply to this chapter.

“Facility” or “facilities” means all plants, equipment, and systems within the city’s public right-of-way and includes, but is not limited to, both utility and non-utility facilities and public or private improvements located, constructed, or installed in the public right-of-way by any person.

“Permittee” means a person issued a permit or a person that should have obtained a permit pursuant to this chapter, or any person acting on behalf of a permittee.

“Right-of-way construction permit” or “permit” means the permission to use public right-of-way issued pursuant to this chapter. [Ord. 1270 § 1 (Exh. A), 2022.]

Article II. Construction Standards

12.15.050 General.

No person shall commence or continue with the construction, installation, or operation of facilities under, on or above the surface of the ground within a public right-of-way except as provided in this chapter and in compliance with all applicable city and state codes, rules, and regulations. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.060 Construction codes.

Facilities shall be constructed, installed, operated, and maintained in accordance with all applicable federal, state, and local codes, rules and regulations including but not limited to Chapter 12.40 JCMC (Public Works Design and Construction Standards), the National Electrical Code and the National Electrical Safety Code. Permittee shall comply with ORS 757.542 to 757.562, Oregon Administrative Rules Chapter 952, Division 1, and all requirements of the Oregon Utility Notification Center. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.070 Permit requests.

Except in the event of an emergency, no person shall construct or install any facilities within a public right-of-way without first obtaining a permit and paying the permit fee. No permit request submitted for the construction or installation of facilities within public right-of-way shall be accepted by the city unless:

A. The requestor has applied for and received a franchise, if applicable.

B. The requestor has paid the required permit fee. Permit requests submitted without the required fee shall be rejected without being processed.

In the event of an emergency and in compliance with city code, a permittee or its contractor may perform work on its facilities to address the emergency without first obtaining a permit from the city provided it attempts to notify the city prior to commencing the emergency work and in any event applies for a permit from the city and pays any applicable permit fee as soon as reasonably practicable. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.080 Permits.

Requests for permits to construct facilities shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:

A. That the facilities will be constructed in accordance with all applicable federal, state, and city codes, rules and regulations.

B. That the facilities will be constructed in accordance with any applicable franchise agreement.

C. The location and route of all facilities to be installed aboveground or on existing utility poles.

D. The location and route of all facilities on or in the public right-of-way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route within the city. Existing facilities shall be differentiated on the plans from new construction. If requested, a cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or public right-of-way.

E. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public right-of-way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate.

F. Traffic control in conformance with the Manual on Uniform Traffic Control Devices with Oregon supplements, as amended. The city may elect to have the traffic control plan be submitted no later than one week prior to commencement of construction.

G. Confidential information submitted to the city may be exempt from public disclosure to the extent permitted by the Oregon Public Records Law. The city shall use its best efforts to preserve the confidentiality of information submitted to the city, if requested by, and at the cost of, the person claiming the confidentiality of such information. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.090 Verification.

All permit requests shall be accompanied by the verification of a registered professional engineer affirming that the drawings, plans and specifications submitted comply with these construction standards and any applicable technical codes, rules and regulations. The city may, in its sole discretion, allow verification by a qualified and duly authorized representative. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.100 Construction schedule.

All permit requests shall be accompanied by a written schedule, which shall include an estimated date for completion of construction. The schedule is subject to approval by the public works director and may be modified by the public works director to coordinate with work in the public right-of-way by the city or another utility. If a traffic control plan is required, the public works director may require a final schedule to be submitted with the traffic control plan. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.110 Permit fee.

Unless otherwise specified in a franchise agreement, the requestor shall pay a permit fee in an amount established by council resolution. Such fee shall be designed to defray the costs of city administration of the requirements of this chapter. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.120 Issuance of permit.

If satisfied that the plans and documents submitted comply with all requirements of this chapter and with any applicable franchise agreement, the public works director shall issue a permit authorizing construction of the facilities, subject to such further conditions affecting the time, place and manner of performing the work. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.130 Notice of construction.

Except in the case of an emergency, the permittee shall notify the public works director not less than two working days in advance of any excavation or construction in the public right-of-way. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.140 Compliance with permit.

All construction practices and activities shall be in accordance with the permit and the approved final plans and specifications for the facilities. The city and its representatives shall be provided access to the work site and such further information as may be required to ensure compliance with such requirements. The city shall have the right to inspect all construction or installation work performed within the franchise area and to make such tests as it finds necessary to ensure compliance with construction or installation standards of the permit, applicable city codes and ordinances, and other pertinent provisions of law. Permittee will fully cooperate in facilitating such inspections or tests and will be subject to any fees or charges applicable under the permit, applicable city codes and ordinances, and other pertinent provisions of law. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.150 Noncomplying work.

Subject to the requirements in JCMC 12.15.260, all work which does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the permittee. The city is authorized to stop work to assure compliance with the provisions of this chapter. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.160 Completion of construction.

The permittee shall promptly complete all construction activities to minimize disruption of the public right-of-way and other public and private property. All construction work within public right-of-way, including restoration, must be accepted pursuant to JCMC 12.15.200 within 120 days of the date of issuance of the permit unless an extension or an alternate schedule has been approved by the appropriate city official. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.170 As-built drawings.

Permittee shall furnish the city with up to two complete sets of plans drawn to scale and accurately depicting the location of all facilities constructed pursuant to the permit. These plans shall be submitted to the city engineer or designee within 60 days after completion of construction, in a format acceptable to the city. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.180 Restoration of public right-of-way.

A. When a permittee does any work in or affecting any public right-of-way, it shall at its own expense promptly restore such ways to as good an order and condition as existed prior to the work, unless otherwise directed by the city.

B. If the city determines that weather or other conditions do not allow the restoration required by this section, upon request, the city may authorize the permittee to temporarily restore the affected public right-of-way. Such temporary restoration shall be at the permittee’s sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration or as directed by the city.

C. If the permittee fails to restore public right-of-way to good order and condition, the city shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the public right-of-way. If, after notice, the permittee fails to restore the public right-of-way to as good an order and condition as existed before the work was undertaken, the city shall cause such restoration to be made at the expense of the permittee.

D. A permittee or other person acting on its behalf shall use suitable barricades, flags, flagging attendants, lights, flares, and other measures, as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle, or property by reason of such work in or affecting such public right-of-way. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.190 Performance and completion bond.

Unless otherwise specified in a franchise agreement, a performance bond or other form of surety acceptable to the city equal to at least 100 percent of the estimated cost of reconstructing the impacted public facilities within the public right-of-way of the city shall be provided to the city before construction is commenced.

A. The bond or surety shall remain in force until 60 days after acceptance of the work, as determined in writing by the city, including restoration of public right-of-way and other property affected by the construction.

B. The bond or surety shall guarantee, to the satisfaction of the city:

1. Timely completion of construction;

2. Construction in compliance with applicable plans, permits, technical codes and standards;

3. Proper location of the facilities as specified by the city; and

4. Restoration of the public right-of-way and other property affected by the construction.

C. The bond or surety may be applicable to multiple projects in an amount and form acceptable to the city. The city may waive the bond or surety requirement if the permittee has demonstrated a history of quality restoration of the public right-of-way. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.200 Acceptance.

Upon completion of the work and before expiration of the permit, all work must be accepted by the city. The city will inspect the work within 10 business days of when the city is notified in writing that all work is complete. The work shall not be accepted until: (A) all work is completed in conformance with the permit and this chapter, including restoration of public right-of-way and other property affected by the construction, and (B) full payment of any costs and expenses. Unless otherwise provided in the permit, the permit shall authorize the facility to remain in the right-of-way for an indefinite period of time from the acceptance date. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.210 Emergency work.

If, in the opinion of the city, a public right-of-way hazard that poses an imminent danger to public health and safety or a public facility is created by a permittee, or other person, and there is a need for emergency repair, the city may:

A. Notify the permittee, or other person responsible for the hazard, to perform the work. If the permittee or other person cannot or will not do the work within the time frame set by the city, the city may order the work done by the city at the expense of the permittee or other person. The city will utilize employees or a contractor qualified for the work being done.

B. The city may elect to start the work and notify the permittee or other person responsible for the hazard. The city will utilize either its employees or a contractor qualified for the work being done. If the permittee or other person responsible for the hazard responds, their crew may take over from the city or assist as agreed by the city. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.220 Trimming of trees or other vegetation.

In the conduct of its business, it may be necessary for a permittee to trim trees or other vegetation to provide space for its facilities. Tree or vegetation trimming will be done only in accordance with the codes and other rules and regulations of the city, heretofore or hereafter adopted or established, and if the tree or vegetation is located on private property, with the permission of the owner of the property on which the tree or vegetation stands. Nothing contained in this chapter will be deemed to empower or authorize a permittee to cut, trim or otherwise disturb any trees or other vegetation, whether ornamental or otherwise. [Ord. 1270 § 1 (Exh. A), 2022.]

Article III. Location of Facilities

12.15.230 Location of facilities.

All facilities located within the public rights-of-way shall be constructed, installed, and located in accordance with the terms of the permit and approved final plans and specifications for the facilities, and all applicable city codes, rules and regulations. Unless otherwise specified in a franchise agreement, whenever any existing utilities or facilities are within public rights-of-way and are required to be located underground by city code, a permittee occupying or proposing to occupy the same public rights-of-way must also locate its facilities underground at its own expense. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.240 Interference with the public rights-of-way.

No permittee may locate or maintain its facilities so as to interfere with the city’s use of the public rights-of-way or to unreasonably interfere with use by the general public or by other persons authorized to use or occupy the public rights-of-way. All use of public rights-of-way shall be consistent with city codes, ordinances, and regulations. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.250 Relocation or removal of facilities.

A. A permittee shall, at no cost to the city, temporarily or permanently remove, relocate, change, or alter the position of any facilities within the public rights-of-way, including relocation of aerial facilities underground, when requested to do so in writing by the city.

B. Nothing in this section shall be deemed to preclude a permittee from requesting reimbursement or compensation from a third party, pursuant to applicable laws, regulations, tariffs, or agreements; provided, that the permittee shall timely comply with the requirements of this section regardless of whether or not it has requested or received such reimbursement or compensation.

C. The city shall provide at least 30 days’ written notice of the time by which the permittee must remove, relocate, change, alter, or underground its facilities. The city may grant extensions upon the permittee’s request. If a permittee fails to remove, relocate, change, alter, or underground any facility as requested by the city by the date established by the city, the permittee shall pay all costs incurred by the city due to such failure, including but not limited to costs related to project delays. Upon such failure, the city may cause the facility to be removed, relocated, changed, altered, or undergrounded at the permittee’s sole expense and shall use qualified personnel or contractors consistent with applicable state and federal safety laws and regulations. Upon receipt of a detailed invoice from the city, the permittee shall reimburse the city for the costs the city incurred within 30 days. [Ord. 1270 § 1 (Exh. A), 2022.]

12.15.260 Removal of unauthorized facilities.

Within 30 days following written notice from the city or at a later date agreed upon in writing by the parties, any permittee or other person who owns, controls or maintains any unauthorized system, facility, or related appurtenances within the public rights-of-way shall, at its own expense, remove such system, facilities and/or appurtenances from the public rights-of-way. A system, facility, or appurtenance is subject to removal under this section in the following circumstances:

A. One year after the expiration or termination of the permittee’s franchise agreement unless the city has provided written authorization for abandonment in place.

B. Upon abandonment of a facility within the public rights-of-way. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The city shall contact the permittee before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if the city authorizes such abandonment and non-removal in writing and there is no apparent risk to the public safety, health, or welfare.

C. If the facility was constructed or installed without the appropriate prior authority at the time of construction or installation.

D. If the facility was constructed or installed at a location not authorized by the permittee’s franchise agreement or other legally sufficient permit. [Ord. 1270 § 1 (Exh. A), 2022.]