§ 42-315. Location of facilities.  


Latest version.
  • (a)

    General requirements. In addition to location requirements applicable to specific types of facilities, all facilities, regardless of type, shall be subject to the general location requirements of this subsection.

    (1)

    No interference with city facilities. No facilities shall be placed in any location if the city engineer or director of public works determines that the proposed location will require the relocation or displacement of any of the city's facilities or will otherwise interfere with the operation or maintenance of any of the city's facilities.

    (2)

    Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of a right-of-way and shall cause only the minimum possible impact upon, and interference with, the rights and reasonable convenience of property owners who adjoin said right-of-way.

    (3)

    No interference with travel. No facility shall be placed in any location that interferes with the usual travel on such right-of-way.

    (4)

    No limitations on visibility. No facility shall be placed in any location so as to limit visibility of or by users of a right-of-way.

    (5)

    Size of facilities. The proposed installation shall use the smallest suitable handholds, vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application being subject to review and approval by the city.

    (b)

    Parallel facilities located within roadways.

    (1)

    Overhead parallel facilities. An overhead parallel facility may be located within the boundaries lines of a right-of-way containing a roadway only if:

    a.

    The facilities are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

    b.

    Poles should be installed as remote from pavement edge as practicable with minimum distance of ten (10) feet (3.0 m) from the edge of pavement and are not within the clear zone;

    c.

    No pole is located in the ditch line of a roadway; and,

    d.

    Any ground-mounted appurtenance is located within one (1) foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.

    (2)

    Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a roadway only if:

    a.

    The facilities are located as near the right-of-way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right-of-way line;

    b.

    New facilities may be located under the paved portion of a roadway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

    c.

    In the case of underground power or communications facilities, the facilities shall be located as near the right-of-way line as practicable and not more than five (5) feet (1.5 m) from the right-of-way line, and any above-grounded appurtenance shall be located within one (1) foot (0.3 m) of the right-of-way line or as near as practicable.

    (c)

    Facilities crossing roadways.

    (1)

    No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of city roadways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadways resulting from the installation of such crossing facilities.

    (2)

    Culverts, or drainage facilities. Crossing facilities shall not be located in culverts or drainage facilities.

    (3)

    Ninety-degree crossing required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline of a right-of-way as practicable.

    (4)

    Overhead power or communication facility. An overhead power or communication facility may cross a roadway only if:

    a.

    It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines" (83 III. Adm. Code 305);

    b.

    Poles are located within one (1) foot (0.3 m) of the outer boundary of a right-of-way containing a roadway and outside of the clear zone; and

    c.

    Overhead crossings at major intersections shall be avoided.

    (5)

    Underground power or communication facility. An underground power or communication facility may cross a roadway only if:

    a.

    The design materials and construction methods will provide maximum maintenance-free service life;

    b.

    Capacity for the utility's foreseeable future expansion needs is provided in the initial installation;

    c.

    Such power or communications facilities are installed in conduit at the time of burial; and

    d.

    The crossing is directionally bored, and there is no open cut disruption.

    (6)

    Markers. The city may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a roadway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations. (49 C.F.R. Sec. 192.707 (1989)).

    (d)

    Facilities to be located within particular rights-of-way. The city may require that facilities be located within the parkway portion of rights-of-way containing roadways.

    (e)

    Freestanding facilities.

    (1)

    The city may restrict the location and size of any freestanding facility located within a right-of-way.

    (2)

    The city may require any freestanding facility located within a right-of-way to be screened from view.

    (f)

    Freestanding cabinet facility installation. Freestanding cabinet facilities may be installed only if:

    (1)

    No other existing facilities in the area are located underground;

    (2)

    New underground installation is not technically feasible; and,

    (3)

    The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable. Existing poles and light standards shall be used wherever practicable; the installation of additional poles is strongly discouraged.

    (g)

    Facility attachments to bridges or roadway structures.

    (1)

    Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable and there shall be no additional danger to the public health, safety and welfare likely to occur from the improvement. Other means shall include, but are not limited to, underground, underwater, independent pole, cable support and tower support facilities, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted on a bridge or roadway structure.

    (2)

    A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:

    a.

    The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;

    b.

    The type, length, value, and relative importance of the roadway structure in the transportation system;

    c.

    The alternative routings available to the utility and their comparative practicability;

    d.

    The proposed method of attachment;

    e.

    The ability of the structure to bear the increased load of the proposed facility;

    f.

    The degree of interference with bridge or roadway maintenance and painting;

    g.

    The effect on the visual quality of the structure; and

    h.

    The public benefit expected from the utility's service as compared to the risk involved.

    (h)

    Appearance standards.

    (1)

    The city may prohibit the installation of freestanding facilities in particular locations in order to preserve visual quality.

    (2)

    A facility may be constructed only if its construction does not require extensive removal or alteration of trees or vegetation or terrain features visible right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed.

(Ord. No. 017-082, § Exh. A, 11-14-17)