Chapter 12.45
CONSTRUCTION STANDARDS

Sections:

12.45.010    Construction standards.

12.45.020    Construction codes.

12.45.030    Utility permits.

12.45.040    Location of telecommunications and cable facilities.

12.45.050    Occupancy of county owned conduit.

12.45.010 Construction standards.

No person shall commence or continue with the construction, installation or operation of telecommunications facilities or cable facilities within the county except as provided in Chs. 12.25 through 12.50 LCC; provided, however, this Chapter shall be in addition to the requirements of Ch. 12.20 LCC, as enacted or in the future as amended from time to time. [Ord. 1171, 2000]

12.45.020 Construction codes.

Telecommunications facilities and cable 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, the National Electrical Safety Code. Telecommunications facilities and cable facilities shall comply with the most recent standards in Ch. 12.20 LCC, other public works standards, and applicable county codes and policies. [Ord. 1171, 2000]

12.45.030 Utility permits.

No person shall construct or install any telecommunications facilities or cable facilities within the rights-of-way without a utility permit, as provided under Ch. 12.20 LCC; provided, however:

(1) No permit shall be issued for the construction or installation of telecommunications facilities or cable facilities within the county unless the telecommunications carrier has filed a registration statement with the county pursuant to Chs. 12.25 through 12.50 LCC;

(2) No permit shall be issued for the construction or installation of telecommunications facilities or cable facilities in the rights-of-way unless the grantee has applied for and received a license, franchise or cable franchise pursuant to Chs. 12.25 through 12.50 LCC to the extent the foregoing may be required under applicable law;

(3) Unless otherwise provided by a license, franchise, cable franchise or law, no permit shall be issued for the construction or installation of telecommunications facilities or cable facilities without payment of all charges pursuant to Chs. 12.25 through 12.50 LCC. [Ord. 1171, 2000]

12.45.040 Location of telecommunications and cable facilities.

Unless otherwise required in current or future county ordinances regarding underground construction requirements, all telecommunications facilities and cable facilities shall be constructed, installed and located in accordance with the following terms and conditions:

(1) A grantee with written authorization to install overhead facilities shall install its telecommunications facilities and cable facilities on pole attachments to existing utility poles only, and then only if surplus space is available.

(2) Whenever all existing telephone, electric utilities, cable facilities or telecommunications facilities are located underground within rights-of-way, a grantee with written authorization to occupy the same rights-of-way must also locate its telecommunications facilities and cable facilities underground.

(3) Whenever all new or existing telephone, electric utilities, cable facilities and telecommunications facilities are located or relocated underground within rights-of-way, a grantee that currently occupies the same rights-of-way shall concurrently relocate its facilities underground at its expense. [Ord. 1171, 2000]

12.45.050 Occupancy of county owned conduit.

If the county owns or leases conduit in the path of grantee’s proposed telecommunications facilities, and provided it is technologically and economically feasible for grantee to occupy the conduit owned or leased by the county (and provided that grantee does not require a different path due to a legitimate need to achieve redundancy), grantee shall be required to occupy the conduit owned or leased by the county in order to reduce the necessity to excavate the rights-of-way. Grantee shall pay compensation to the county for such occupancy calculated pursuant to the federal formula for conduit leases, or a mutually agreeable rate if no such formula exists. [Ord. 1171, 2000]