The background
The city’s right of way, or ROW, policies had been outlined in two separate sections of the same ordinance. Before Nov. 12, the ordinance was last updated in 2017, according to a meeting presentation.
Council’s action repealed one and amended the other to bring the policy in one place as well as update it to provide new requirements for contractors and new powers for city staff to determine if the repair and restoration of the ROW was done properly.
What changed
The new ordinance includes a new requirement for contractors to provide 48 hours notice to city staff and property owners before work on the city’s ROW and utility work on private property, according to a meeting presentation.
Another change is that ROW permits will now expire within 90 calendar days after the permit is issued if the permittee fails to act upon the approved work. The ordinance also now requires trenchless technology whenever commercially economical and practical, which will decrease the size of areas disturbed.
In regards to residents, the new ordinance allows the city to assess public inconvenience penalties to enforce ordinance regulations.
The city now also has the power to determine if a failure to repair or restore the ROW constitutes a safety hazard. If it has, city staff can undertake emergency repairs and request reimbursement.
What they’re saying
According to a meeting presentation, the updates were designed to:
- Assess damaged public and private property in the ROW
- Protect residences from disruption
- Add language to impose the penalties
- Shorten the length of time ROW permits were open and active
- Encourage contractors and franchisers to request inspection upon completion
- Strengthen communication between franchisees and city staff
- Preserve and return the ROW to proper standards
