Truckee Municipal Code Ch. 4.03 System Construction and Technical Standards

(a) Any holder of a state video franchise that proposes to install above-ground facilities in the public right-of-way shall, not less than 30 days prior to installing such facilities, provide written notice to the owner of the private or public property (excluding the public right-of-way) nearest to the proposed facility. For purposes of this subsection, "above-ground facilities" shall include only those facilities that are located on the ground or on a base or pedestal that is on the ground, and shall exclude aerial or pole-mounted facilities.

(b) Any franchisee to which this section applies shall provide the Town with a copy of the proposed form of notice to be used in compliance with subsection (a), not less than 10 days prior to mailing or delivering the notice. The Town may require the franchisee to amend the form of the notice. Once the Town has approved the form of the notice, the franchisee shall not be required to obtain additional approvals of notice from the Town, so long as the franchisee does not materially deviate from the form of notice approved by the Town.

(a) No facilities governed by the Act shall be constructed without securing all encroachment permits necessary for the placement of facilities and equipment within public rights-of-way. The Town reserves all rights it has under state and federal law to regulate any state franchisee, including without limitation the Town's authority under Public Utilities Code section 7901.1. The Town may impose conditions upon any encroachment permits or other permits issued to a state franchisee, including without limitation standards for maintenance and painting of facilities installed in public rights-of-way, and the removal of graffiti therefrom.

(b) In those areas of Truckee where the transmission lines and distribution facilities of public utilities providing telephone and electric power service are underground, any state franchisee shall likewise construct, operate, and maintain its transmission and distribution facilities underground.

(c) No changes in, extensions of, or construction of new poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (collectively, "Structures"), in, upon, along, across, under or over any street, alley, or right-of-way shall be commenced until the Town's public works director or his or her designee has been notified, and any required encroachment permit obtained. All construction and facilities shall comply with California Public Utilities Commission General Orders 95 (underground facilities) and 128 (overhead lines), as they may be amended or superseded.

(d) All transmission and distribution structures, lines and equipment erected by a state franchisee shall be located so as not to interfere with the proper use of the public rights-of-way, including snow removal operations, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of such rights-of-way, and not to materially interfere with existing public and municipal utility installations.

(e) In the event that any property or improvement of the Town or any other public entity or public utility in the public rights-of-way is disturbed or damaged by a state franchisee or any of its contractors, agents or employees in connection with undertaking any and all work pursuant to the rights granted to the state franchisee, the state franchisee shall promptly, at its sole cost and expense, restore to the owner's satisfaction such property or improvement which was so disturbed or damaged. If such property or improvement shall within two (2) years (or in the case of street improvement, until the street is resurfaced if resurfaced prior to the expiration of the two (2) years) of the date the restoration was completed, become uneven, unsettled or otherwise require additional restorative work, repair or replacement because of the initial disturbance or damage to the property by the state franchisee, then the state franchisee, as soon as reasonably possible, shall, promptly upon receipt of written notice from the Town or other owner and at the state franchisee's sole cost and expense, restore to the Town or other owner's satisfaction the property or improvement which was disturbed or damaged. Any such restoration by the state franchisee shall be made in accordance with such materials and specifications as may, from time to time, be established by the Town or the other property owner.

(f) Prior to performing any work in the public right-of-way, a state franchisee shall give appropriate notice to the "Underground Service Alert" ("USA"), or any similar type service provider as designated by the Town.

(g) There shall be no unreasonable or unnecessary obstruction of the public rights-of-way by a state franchisee in connection with any of the work provided for herein. The state franchisee shall maintain any barriers, signs and warning signals during any work performed on or about the public rights-of-way or adjacent thereto as may be necessary to reasonably avoid injury or damage to life and property.

(h) If the Town lawfully elects to alter or change the grade or location of any public right-of-way, the state franchisee shall, upon reasonable notice by the Town, and in a timely manner, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

(i) A state franchisee shall not place poles, conduits or other fixtures above or below ground where the same will interfere with any gas, electric, telephone fixtures, water hydrants or other utility, and all such poles, conduits or other fixtures placed in any street shall be so placed as to comply with all ordinances of the Town.

(j) In accordance with applicable law, a state franchisee or any utility user of the public rights-of-way may be required by the Town to permit joint use of its poles and/or conduit located in the public rights-of-way, insofar as such joint use may be reasonably practicable and upon payment of a reasonable rental fee for such usage. In the absence of agreement regarding such joint use, each party shall be entitled to exercise any rights and defenses provided by applicable law.

(k) A state franchisee, on request of any person holding a moving permit issued by the Town, shall temporarily raise or lower its wires or fixtures to permit the moving of buildings. The expense of such temporary raising or lowering of wires or fixtures shall be paid by the person requesting the same, and the state franchisee shall have the authority to require such payment in advance. The state franchisee shall be given not less than five (5) business days prior written notice to arrange for the temporary wire or equipment changes.

(l) A state franchisee shall have the authority to trim any trees or other natural growth overhanging the public rights-of-way so as to prevent the branches of such trees or other natural growth from coming in contact with the state franchisee's wires, cables and other equipment. The Town may require all trimming of trees and natural growth to be done under its supervision and direction, and may require adjacent property owners to be notified.

A state franchisee shall construct, install, operate and maintain any facilities and equipment authorized by its state franchise in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards required by the franchise.

(Ord 2014-02, 3-11-2014)