HomeMy WebLinkAbout2019-08-26 19-328 ORDINANCETitle, Ordinance
19-328 08/26/2019
CITY COUNCIL ACTION
Council Meeting Date: August 26, 2019
Item No: 19-328
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 257, Sidewalks, by Amending Procedures for Permitting Above -Ground Utilities in the City's
Rights -of -Way
Summary
This ordinance would amend the procedure for how City rights-of-way may be used by above -ground utilities.
Use of City rights-of-way is generally limited to utilities, temporary construction activity, road and parking
signs, and a few other uses. These are largely covered by City ordinances. One area that City ordinances do
not cover is how above -ground utilities are permitted. At present, a utility would have to get an easement
from the City for every above -ground use they requested.
This ordinance amendment would streamline our process for permitting above -ground utilities. It covers the
application process, criteria for the Engineering Department to consider, permit requirements, and
enforcement and appeals.
In conjunction with our street opening permit process for underground utilities, and our pole permit process
for installation of utility poles, this ordinance will allow for a more straightforward permitting process for
utilities than currently exists.
Committee Action
Committee: Infrastructure
Action:
Staff Comments & Approvals
Meeting Date: August 6, 2019
For:
Introduced for:
City Manager
First Reading and Referral
Against:
Finance Director
CITY COUNCIL ORDINANCE
Date: August 26, 2019
Assigned to Councilor: Davitt
19-328 08/26/2019
ORDINANCE, Amending Chapter 257, Sidewalks, by Amending Procedures for Permitting Above -Ground
Utilities in the City's Rights -of -Way
WHEREAS, utilities are often located in City rights-of-way;
WHEREAS, the City has safety and aesthetic interests in ensuring that utilities in its right-of-way are installed
and maintained in an appropriate manner;
WHEREAS, at present, any utility wishing to locate in the right-of-way that is not underground or on a pole
must get a separate easement for each above -ground use; and
WHEREAS, the procedure described herein will streamline the process for allowing above -ground utilities in
City rights-of-way, but still allow for appropriate review by the City;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 257 of the Code of the City of Bangor is amended as follows:
§ 257-4 License required to occupy right-of-way for construction purposes.
§ 257-6 Permit for utility to occupy right-of-way.
A. The purpose of this section is to facilitate installation of communications networks and other utilitie
while protecting the City's investments in its rights-of-way and the aesthetics thereof.
B. Permit required. No person may occupy, block, obstruct, or otherwise use any portion of a City sidewalk,
esplanade or street for utility purposes without first obtaining a right-of-way permit from the City Engineer
as set forth herein.
C. Scope. This section applies to any use of a right-of-way for a utility, with the exception of the following:
Underground utilities, for those portions of the use that is placed underground pursuant to a street
opening permit issued in accordance with Chapter 271, Article VII of this Code.
Utilities located on a pole, for those portions of the use that are located on a pole placed pursuant to
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a City -issued pole permit.
Utilities and other uses with an easement for the area in question, to the extent their occupancy and
activities meet the terms of the easement.
Cable television companies permitted under a franchise agreement with the City, in accordance with
30-A M.R.S. �5 3008 and 4362.
Q Construction uses with a license granted under 5 257-4.
LQ State -maintained highways outside of the urban compact area.
ID Uses of the City of Bangor and their agents.
D. Application.
The applicant shall submit an application in a form as required by the City Engineer, together with
any plans, specifications, and attachments as the City Engineer may require.
The applicant must meet all relevant requirements of 35-A M.R.S. 5 2503. The applicant may choose
to give written notice by publication in accordance with 5 2503(2).
W The applicant must also submit a fee as set by the City Council in the City's Schedule of Fees.
E. Review. All administrative powers and authority vested in the City Council to grant or deny the permit
required hereunder shall be delegated to the City Engineer.
Once the application is deemed complete by the City Engineer and the fee paid, the City Engineer
shall inquire of such departments and divisions as he or she may deem appropriate as to whether a
permit may be granted consistent with the laws and ordinances enforced by such departments and
the criteria set forth in subsection F. The departments and divisions consulted shall include, but are
not limited to, the following:
Lal Code Enforcement.
Fire Prevention.
Lc) Engineering_
Police.
(L The City Engineer shall make a decision on the application within 60 days of the application being_
deemed complete or the application is deemed granted.
F. Criteria.
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Travel. The utility may not interfere with pedestrian or vehicular travel over the right-of-way. The
utility must leave an adequate unobstructed travel aisle for the use of the sidewalk for pedestrian
traffic.
G Durability. The utility must be installed in durable and secure manner, and any base or fixture to
which the utility is attached must be sufficiently durable, all to the satisfaction of the City Engineer.
M Location.
U In areas of the City where electrical utilities have been put underground such that there are
decorative street light poles and no other utility poles, utilities must meet the following_
requirements:
Q The utility must be placed underground. Underground work must be done pursuant to a
street opening permit if one is required.
ii If the utility cannot be placed underground, it must be incorporated into the existing_
decorative pole in a manner that does not substantially alter the appearance of the
decorative pole. A Design Committee composed of the City's Planning Officer, Downtown
Coordinator, and Economic and Community Development Officer or their designees shall
determine whether the appearance of the decorative pole would be substantially altered.
iii If neither of the options under subsections U or(ii) is technically feasible, the utility must
be incorporated into a new streetlight pole that is of substantially similar design as existing_
City decorative streetlight poles. A Design Committee composed as indicated in subsection
(ii) shall determine whether the pole is of substantially similar design.
j21 In areas where subsection (a) does not apply, utilities must be mounted on existing poles,
buildings, or other structures where feasible.
Where such uses are proposed as stand-alone facilities, the applicant must make a showing_
that it is not practical to locate on another structure.
ii For proposed new support structures, including but not limited to new utility poles, the
applicant must agree to reasonable requests for co -location.
Lc) In addition to the requirement set out in subsections U and (b) above, the location of any new
stand-alone facilities must be approved by the City Engineer and a Design Committee, composed
as indicated in subsection (a)(ii). In determining whether to approve the new facilities, the City
Engineer and Design Committee shall take into account the demonstrated need for the new
facilities, safety concerns, and similarity to nearby structures and other aesthetic considerations.
f The City Engineer may impose additional reasonable conditions of approval in keeping with the terms
of this ordinance.
G. Permit requirements
M The Permittee must complete installation of the utility within six months of the permit being granted.
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The City Engineer may issue one or more six-month extensions on good cause shown.
(Z Installation of the utility must be completed within 30 days after work is begun.
(3� No work may be performed between November 1 and April 30, apart from maintenance activity that
cannot be delayed until after April 30.
M The Permittee must provide for maintenance and repair of the installed utilities.
( The Permittee must remove the utility and restore the area to its original condition if the utility is
abandoned or becomes obsolete, or if it is reasonably necessary to allow the City to undertake work
in the right-of-way. The Permittee must remove a utility and restore the area within one year of the
utility being abandoned or becoming obsolete.
(� The City Engineer may impose additional permit requirements in keeping with the terms of this
ordinance.
H. Enforcement.
(�
Any person who is found to be in violation of any provision or requirement of this article shall be
subject to a civil penalty as set forth in 30-A M.R.S.A. 5 4452. Each violation of a separate provision
or requirement, and each day of violation, shall constitute a separate offense.
(2� In addition or alternative to the penalties found in subsection (H)(1), the City Engineer may, after
notice and hearing, suspend or revoke a permit granted under this section.
(� The City Engineer is responsible for enforcing the provisions of this section. He or she may make
procedural rules to assist in administering and enforcing the provisions of this section. Failure to
follow such rules may result in a permit not being granted, suspended, or revoked.
I. Appeals
(1� An abutter or owner of facilities may file a written objection in accordance with § 2503(3). If a
written objection is filed, the City Engineer shall hold a hearing in accordance with 5 2503(4) and
shall render a written decision.
( In the event of denial of an application or of a written objection under subsection (I)(1), the City
Engineer shall give the applicant and any objecting party written notice of the reason or reasons for
his or her decision sufficient to appraise the applicant, objecting party, and any interested member of
the public as to the basis for his or her decision.
( The decision of the City Engineer shall be filed with all parties and the City Clerk within one week
from the date of the decision.
ffl Appeals may be taken in accordance with 35-A M.R.S. � 2503(13).
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Additions are underlined, deletions sea h.
IN CITY COUNCIL
AUGUST 26,2019
Cord 19-328
FIRST READING
1
CITf CI,Eltk
SEPTEMBER 9,2019
Cord 19-328
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 7-0
COUNCILORS VOTING YES: DAVITT, GRAHAM, SCHAEFER, SPRAGUE, TREMBLE,WESTON,NICHOLS
COUNCILORS VOTING NO: NONE
PASSED
CIVY CLE