Santa Clara County Municipal Code Art. 4 Right-of-Way Management Provisions

No person may construct, operate or repair a network in the unincorporated portions of the County without first obtaining a state franchise or other authorization required under applicable state and federal law, or a County franchise pursuant to the terms and provisions of the County Charter and Chapter II of this division. Any permit issued for such work to a person that does not hold a state franchise or other authorization shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon and in full compliance with the County's demand.

(Ord. No. NS-906, § 1, 6-24-09)

Except as expressly provided in this Chapter III, the provisions of Division B17 of this Code, and all County administrative rules and regulations developed pursuant to Division B17, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a state franchise holder in any public rights-of-way.

(Ord. No. NS-906, § 1, 6-24-09)

(a) Prior to commencing any work for which a permit is required by Division B17 of this Code, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of Division B17. A permit application is complete when the state franchise holder has complied with all applicable laws, including but not limited to all County administrative rules and regulations, and all applicable requirements of Division 13 of the California Public Resources Code, Section 21000, et seq. (the California Environmental Quality Act).

(b) The Director shall either approve or deny a state franchise holder's application for any permit required under Division B17 within 60 days of receiving a complete permit application from the state franchise holder.

(c) If the Director denies a state franchise holder's application for a permit, the Director shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.

(d) The decision of the Director may be appealed to the County Executive as provided in Section B17-45 of this Code. A state franchise holder that has been denied a permit by final decision of the County Executive following such appeal, may appeal the denial to the Board of Supervisors. The request for the appeal must be filed with the Clerk of the Board of Supervisors within ten calendar days after the decision of the County Executive, and must state the specific grounds for appeal. Upon receiving a notice of appeal, the Clerk shall set the matter for a public hearing before the Board of Supervisors.

(e) The issuance of a permit is not a franchise, and does not grant any vested rights in any location in the public rights-of-way, or in any particular manner of placement within the rights-of-way. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, upon reasonable notice to the permittee.

(Ord. No. NS-906, § 1, 6-24-09)

(a) The construction, operation, and repair by a state franchise holder of a network shall be performed in compliance with all applicable laws affecting such system. Any requirements that would apply to any network subject to California Public Utilities Code Section 7901 shall also apply to the network of a state franchise holder. By way of example, and not limitation, this includes the Santa Clara County Zoning Ordinance; Chapter 2 of Division B17 of the County of Santa Clara Ordinance Code pertaining to obstructions and encroachments in streets and highways; all other ordinances, regulations and policies to preserve or protect the public safety; construction standards; regulations for providing notice to persons that may be affected by system construction; and directives governing the time, place and manner in which facilities may be installed in the public rights-of-way.

(Ord. No. NS-906, § 1, 6-24-09)