Right of Way ManagementFees
- Fair Market Value Analysis
- Fair Market Value Analysis Peer Review
- Municipal Out-of-Pocket Costs Relating to Telecommunications - 98 FCM
- Pavement Performance Impact Study - Regional Municipality of Ottawa-Carleton
- Public Right-of-Way Cost Recovery Plan
- The Telecommunications Act of 1996 - Impacts Upon a Municipality's Ability to Charge Fees for Use of Its Right of Way
- Use of Municipal Rights-of-Way - Revenue Opportunities or Cost Recovery Fees?
- Valuation of Street Right-of-Way for Telecommunications Facilities
Right of Way ManagementGeneral
- Above Ground Facilities (AGF) Policy - City of Los Angeles
- Above Ground Facilities (AGF) Policy Amendment - City of Los Angeles (12/2002)
- Cable Franchise Renewal and Local ROW Management
- Cincinnati, OH Utility Cut Policy and Standards Manual
- City & County of San Francisco Checklist for Utility Excavation Control
- City & County of San Francisco Utility Condition Permit
- City of Chicago CivicNet
- Designing Sidewalks and Trails for Access
- Electronic Permitting: Next Generation
- Examples of Good Practices for Excavation and Trenching
- Examples of Quality Control & Quality Assurance During Construction
- Excavation Safety-NTSB report re St Cloud explosion
- FCC/LSGAC Publication - A Local Government Official's Guide to Transmitting Antenna RF Emision Safety: Rules, Procedures, and Practical Guidance
- Federation of Canadian Municipalities Municipal Access Agreement
- Guidelines for the Restoration of Utility Cuts
- International Right of Way Association
- Kansas City Regional Telecommunications Consortium
- Larimer County, CO, ROW Permit Application & Construction Guidelines
- Level 3 Telecommunications Model Telecommunications License
- Locations of Utilities in the Public Rights-of-Way
- Miller and VanEaton web site w/ROW legal issues
- Model ROW Use Agreement for Telecommunications - Ottawa-Carleton, Ontario, Canada
- Model Telecommunications Agreements and Documents-KS & MO
- MRSC Telecommunications Web Site
- Municipal Access Agreement - Vancouver, BC
- Municipal Access Agreement Negotiating Process (98 Fed of Canadian Municipalities )
- Municipal Telecommunications Strategy Program (Center for Civic Networking)
- Municipalities and Communications Networks: Some Key Issues, 1999-2000
- Policy Statement on Telecommunications - FCM
- Prairie Village FAQ's on Right-of-Way Management Policies & Procedures
- Public Works Engineer's Perspective of Right-of-Way Management
- Publications on Right-of-Way Management
- Regional Municipality of Ottawa-Carleton ROW Management Report
- Richmond, VA Telecommunications Task Force Report
- Right-of-Way Management - Summit II October 2001
- Roadway Opening Permit Regulations
- Rockville, MD Telecommunications Policy and Plan
- ROW Management Program Development
- Sample Telecomm Documents - Facilities Siting Guidelines
- San Antonio, Texas, Street Cut Manual
- Seattle, WA Street and Sidewalk Pavement Opening Restoration Rules
- Subsurface Utility Engineering (SUE)
- Telecommunications Franchise Agreement - Richmond, VA. April 2002
- Telecommunications Report and Plan - Dayton, OH
- Trenching, Backfill, and Pavement Restoration Standards-Poulsbo,WA
Right of Way ManagementOrdinances
- Bakersfield, CA Municipal Code Title 12 Streets, Sidewalks and Public Places
- City of Santa Ana, CA Trench Cut Ordinance Analysis
- Multi-Municipality Ordinance for ROW Use and Occupancy-KCMO
- Ordinance 97-537 governing excavations-Sacramento, CA
- Regional Municipality of Ottawa-Carlton ROW Management Report
- Right-of-Way Ordinance - APWA Maine Chapter
- Right-of-Way Ordinance-Lg of MN Cities & CEA of MN
- ROW Ordinance - City of Mobile, Alabama
- Santa Ana Trench Cut Fees for Excavation in the Public Right of Way
- Socal Gas Company Model Franchise Ordinance
- Southern California Edison Template
- UPROW & Right-of-Way Subcommittee Model Right of Way Ordinance
- Washington State Model County Utility Accomodation Policies
- Washington State Permits and Ordinances
- WCHA Utility Accommodation Policy
Right of Way ManagementPavement Degradation
- Seattle Transportation-Impact of Utility Cuts on Performance of Seattle Streetes
Sub-topic: fees
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Fair Market Value Analysis
This report provides an in-depth economic analysis of four alternative methods for determining the fair market value of permits for the placement of fiber optic cables in National Marine Sanctuaries. While the subject of this report deals with the placement of telecommunication in marine environments, the alternative economic analysis methodologies for determining fair market permit values are applicable to rights-of-way in general.
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Fair Market Value Analysis Peer Review
This file is a peer review of the report on determining the fair market value of permits for placement of fiber optic cables in National Marine Sanctuaries. This review was performed by the Dean of MIT’s Sloan School of Business and does an especially through job of analyzing the willing buyer – willing seller methodology.
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Municipal Out-of-Pocket Costs Relating to Telecommunications - 98 FCM
A discussion paper on documenting and calculating actual municipal costs incurred as a result of managing public rights-of-way.
Related Subject: Right of Way Management
Utilities
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Pavement Performance Impact Study - Regional Municipality of Ottawa-Carleton
This report describes the findings and conclusions from a multi-year study on the impact of utility cuts on pavement performance conducted by the Regional Municipality of Ottawa-Carleton in Ontario, Canada.
Related Subject: Right of Way Management
Transportation—Pavement Management
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Public Right-of-Way Cost Recovery Plan
A model cost recovery plan developed by Springsted Incorporated for the Mid-America Regional Council of Governments. Plan is based on a study of the costs pavement cuts and right-of-way management programs in 12 Kansas City Metropolitan area municipalities. This plan outlines how costs can be identified and documented. PDF file. (How to view PDF files))
Related Subject: Right of Way Management
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The Telecommunications Act of 1996 - Impacts Upon a Municipality's Ability to Charge Fees for Use of Its Right of Way
An article by Bob Beaumier, assistant City Attorney, City of Spokane, WA. This article contains a indepth analysis of the Telecommunications Act of 1996 is is recommended reading for individuals seeking to understand the act "in plain English."
Related Subject: Right of Way Management
Utilities
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Use of Municipal Rights-of-Way - Revenue Opportunities or Cost Recovery Fees?
A paper prepared for the Ontario Good Roads Association's 1999 Annual Conference. This paper addresses the how's and why's of municipal governments charging utilities fees for both the recovery of direct costs associated with the management of public rights-of-way and for the fair market value of using public property for commercial purposes. PDF file. (How to view PDF files)
Related Subject: Right of Way Management
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Valuation of Street Right-of-Way for Telecommunications Facilities
A paper by the Federation of Candian Municipalities, Technical Subcommittee on Telecommunications (P.Judd, L Ross, et al) outlining an approach to calculating the value of public rights-of-way and establishing usage fees based on the fair market value of these public assets. PDF file. (How to view PDF files)
Related Subject: Right of Way Management
Utilities
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Sub-topic: general
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Above Ground Facilities (AGF) Policy - City of Los Angeles
In May 2002, the City of Los Angeles adopted a comprehensive Above Ground Facilities (AGF) policy to address the management of an increasing number of utility related pedestals, boxes and structures being located in the public rights-of-way. The policy provides regulations regarding placement and a review and approval procedure. This policy was provided to APWA by Julie Allen, Public Works/Engineering, City of Los Angeles. May 2002.
See second item in our Resource Center for details of an amendment passed December 2002.
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Above Ground Facilities (AGF) Policy Amendment - City of Los Angeles (12/2002)
Update to the May 2002 (AGF) policy. An amendment which specifies penalties and provides a procedure for appeals was adopted in December 2002. The amendment to the policy was provided to APWA by Julie Allen, City of Los Angeles. December 2002
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Cable Franchise Renewal and Local ROW Management
A paper presented at the Alliance for Community Media's 1998 Western Regional Conference by James N. Horwood of the law firm of Spiegal & McDiarmid. This paper is an indepth but easily understood examination of the legal and regulatory issues involved with renewal of municipal franchises of cable television systems.
Related Subject: Right of Way Management
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Cincinnati, OH Utility Cut Policy and Standards Manual
City of Cincinnati, Department of Transportation and Engineering web site allows visitors to download Sidewalk and Subdivision Regulations books; Street Restoration Standards Manual; Permit Forms; Approved Structural Backfill Mix Designs; and Procedures for a New Driveway Permit.
Related Subject: Right of Way Management
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City & County of San Francisco Checklist for Utility Excavation Control
Check list created by the City and County of San Francisco to assist municipal governments in the development of Excavation Permits. PDF file.
Related Subject: Right of Way Management
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City & County of San Francisco Utility Condition Permit
This document is provided to all new telecommunications companies seeking to do business within the City & County of San Francisco. In addition to obtaining needed business information on new telecommunications firms this document provides these firms with information they need to apply for permits to install equipment within the public right-of-way.
Related Subject: Right of Way Management
Utilities
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City of Chicago CivicNet
The City of Chicago, Illinois recently issued a 130 page RFI (request for information) to identify firms interested in becoming part of “…a strategic partnership that results in the design, construction, implementation, marketing, and operation of an advanced telecommunications optical infrastructure to serve the city, its related governmental agencies, the institutional sector, and the private sector.”
Designated CivicNet the objective of this fiber optic network is to insure access to high-performance telecommunications to every residence, business and institution in the City of Chicago. Through CivicNet, it is the stated intention of the City of Chicago to become nothing less than “the digital hub of the North American continent.”
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Designing Sidewalks and Trails for Access
An informative publication from FHWA on the review or existing guidelines and practices related to accessability of sidewalks and trails.
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Electronic Permitting: Next Generation
In 2003, the Utilities and Public Right-of-Way Committee requested that the UPROW Construction Practices Subcommittee identify and evaluate different electronic permitting (e-Permitting) systems currently in use by various agencies across the nation. This report is a summary of their findings and was presented during the 2003 Congress program.
Related Subject: Permitting
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Examples of Good Practices for Excavation and Trenching
The Construction Practices Subcommittee was asked by the UPROW Committee to research available documents related to excavation and trenching standards and to identify good examples. This report documents the process the subcommittee followed to gather the information, assess and evaluate the data and the results of our findings.
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Examples of Quality Control & Quality Assurance During Construction
The UPROW Construction Practices Subcommittee was asked to research and evaluate the existing available documents related to Quality Assurance and Quality Control (QA/QC) during construction. The request initiated from the report Recommendations to Establish a New Professional / Educational / Technical Committee for Utility and Public Right-of-Way Issues, prepared by the Utility and Right-of-Way Task Force, and dated April 13, 1998. Section headings include: data collection, analysis and evaluation, evaluation matrix, results, list of submittals.
The attached report documents the process that the subcommittee followed in gathering, assessing, evaluating and reporting the data and the results.
Related Subject: Right of Way Management
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Excavation Safety-NTSB report re St Cloud explosion
The National Transportation Safety Board (NTSB) has informed APWA of the details of a natural gas explosion in St Cloud, MN that resulted from a work crew puncturing a natural gas line while driving a guy wire anchor. The deaths of four persons and injury of eleven others was directly attributable to a delay in notifying emergency services of the incident. Information on the inident and NTSB's recommendations are contained in a pdf file.
Related Subject: Right of Way Management
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FCC/LSGAC Publication - A Local Government Official's Guide to Transmitting Antenna RF Emision Safety: Rules, Procedures, and Practical Guidance
Federal Communications Commission - Local and State Government Advisory Committee publication outlining FCC limits for human exposure to radio frequency (RF) electromagnetic fields and guide for siting of antennas.
Related Subject: Right of Way Management
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Federation of Canadian Municipalities Municipal Access Agreement
A model Municipal Access Agreement developed by the Federation of Canadian Municipalities.
Related Subject: Right of Way Management
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Guidelines for the Restoration of Utility Cuts
Canada’s National Research Council (NRC) and the U. S. Army Corps of Engineers are leading a unique research study focused on developing and validating effective utility cut restoration guidelines. This document provides details of the study.
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International Right of Way Association
the International Right of Way Association (IRWA) is focused on education programs dealing with all aspects of right of way.
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Kansas City Regional Telecommunications Consortium
Web site provides access to model ordinances, right-of-way use documents, and cell tower lease agreements developed by the 35 municipal governments that have formed a regional consortium to develope uniform right of way management policies and procedures. Site allows downloading of model fee calculation procedures, ordinances, application forms and interim construction agreements.
Related Subject: Right of Way Management
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Larimer County, CO, ROW Permit Application & Construction Guidelines
An exceptional example of a customer friendly web site. This site provides visitors with a highly detailed yet easily understood publication that spells out how to submit a street cut permit application and the county’s standards for performing street cuts.
Part of Larimer County's Virtual Courthouse.
Related Subject: Right of Way Management
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Level 3 Telecommunications Model Telecommunications License
Model license agreement submitted by Level3 Telecommunications, Inc. This document is in effect between Level3 Telecommunications and a number of municipal governments. PDF file. (How to view PDF files)
Related Subject: Right of Way Management
Utilities
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Locations of Utilities in the Public Rights-of-Way
Report written by the Utility and Public Right of Way Committee February 2000.
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Miller and VanEaton web site w/ROW legal issues
Web site of the law firm of Miller and VanEaton. This site contains analysis and comments on legal issues relating to public right-of-way management. Summaries of court cases and background information on legal rulings.
Related Subject: Right of Way Management
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Model ROW Use Agreement for Telecommunications - Ottawa-Carleton, Ontario, Canada
Model ROW USE Agreement developed by the Regional Municipality of Ottawa-Carleton, Ontario, Canada. This generic document serves as the basic framework/draft for all ROW occupancy agreements negotiated with telecommunications firms.
Related Subject: Right of Way Management
Utilities
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Model Telecommunications Agreements and Documents-KS & MO
This site contains links to draft model telecommunications agreements for the states of Kansas and Missouri, sample local ordinances and pavement degredation fee schedules and model telecommunications service provider application forms.
Related Subject: Right of Way Management
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MRSC Telecommunications Web Site
Telecommunications web site of the State of Washington Municipal Research Services Center. This site contains ordinances governing ROW Use, Open Video Systems Franchises, Moratotiums, Lease of Public Facilities. This site also contains County Utility Accomodation Policies and miscelanious Articles, Memos and Notes.
Related Subject: Right of Way Management
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Municipal Access Agreement - Vancouver, BC
An access agreement developed by the City of Vancouver, BC governing the use of public rights-of-way for commercial purposes.
Related Subject: Right of Way Management
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Municipal Access Agreement Negotiating Process (98 Fed of Canadian Municipalities )
This paper was presented at the Federation of Canadian Municipalities in 1998 on the development of a structured approach for entering the negotiation of Municipal Access Agreements.
Related Subject: Right of Way Management
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Municipal Telecommunications Strategy Program (Center for Civic Networking)
The Center for Civic Networking conducts a major program in Local Information Infrastructure, focusing on telecommunications issues involving local government.
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Municipalities and Communications Networks: Some Key Issues, 1999-2000
A detailed legal review of the Franchising, Tower Siting and Open Access issues faced by municipal governments as a result of the Telecommunications Act of 1996 and recent Federal Court decisions. This in-depth paper was written by the law firm of Miller & Van Eaton and is presented on this web site with the express permission of the authors.
Related Subject: Right of Way Management
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Policy Statement on Telecommunications - FCM
Federation of Canadian Municipalities Policy Statement on telecommunications providers access to municipal rights-of-way.
Related Subject: Right of Way Management
Utilities
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Prairie Village FAQ's on Right-of-Way Management Policies & Procedures
This document answers frequently asked questions (FAQ's) on the policies and procedures followed in the municipality of Prairie Village, Kansas. It is provided to individuals and firms
applying for permits to excavate or place infrastructure in the public right-of-way.
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Public Works Engineer's Perspective of Right-of-Way Management
A paper presented at the 1998 NATOA Annual Conference by Leonard A. Krumm, Assistant Director Engineering Operations, Minneapolis, MN. This paper contains 13 drawings showing pavement restoration standards and a staff briefing on establishing uniform state-wide engineering standards prepared by the Minnesota Public Utilities Commission. PDF file. (How to view PDF files)
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Publications on Right-of-Way Management
APWA carries may publications on street cuts and other right-of-way management issues.
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Regional Municipality of Ottawa-Carleton ROW Management Report
Report outlining a three-year study of right-of-way management within the Regional Municipality of Ottawa-Carleton, Ontario, performed by the Ainley Group. This report contains 106 recommendations relating to right-of way management functions of local governmant. Significant recommendations relating to Organizational, Legal, Traffic Management, Pavement Degredation, Permit Fees, Moratoriums, Restoration Standards, Warranties, Information Management, and Damage Prevention issues are contained in this report.
Related Subject: Right of Way Management
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Richmond, VA Telecommunications Task Force Report
Report of the City of Richmond, VA task force consisting of members of the city's Information Technology, Public Works, Public Utilities and other key agencies. This report was developed in advance of congressional passage of the Telecommunications Act of 1996 (Act) and served to guide the city's actions in complying with the Act. The report described six (6) goals and methods of meeting each goal as well as outlining three (3) pilot projects.
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Right-of-Way Management - Summit II October 2001
In the past many people talk about the Right-of-Ways but with different understandings of their use, value and even who controls it and why. Former APWA UPROW subcommittee committee member Paul Devaney has drafted this document in an effort to "get everyone on the same page."
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Roadway Opening Permit Regulations
Town of West Boylston, Massachusetts, Road Way Opening Permit Regulations. Very good example of how to provide the general public with detailed information on how a municipality regulates cuts in its streets. Seasonal and new surface moratoriums are explained and bonding, insurance and warranty requirements are spelled out.
Related Subject: Right of Way Management
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Rockville, MD Telecommunications Policy and Plan
A highly detailed example of a municipal policy and plan for managing public rights-of-way. The City of Rockville, Maryland has developed a proactive policy and planning document addressing management of public rights-of-way.
Related Subject: Right of Way Management
Telecommunications
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ROW Management Program Development
Set of four documents outlining the development of a Right-of-Way Management Program by the City of Eagan, MN. Documents show how city staff, utility companies and elected officials in a medium size municipality worked together to produce a “win-win” approach to development of right-of-way ordinances and permits. Development of the City of Eagan’s right-of-way management program will be the subject of an educational session at the 2001 International Public Works Congress and Exposition in Philadelphia, PA September 9-13, 2001. Tom E. Struve, Public Works Coordinator, will present this session.
Related Subject: Right of Way Management
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Sample Telecomm Documents - Facilities Siting Guidelines
From the Planning Department, City & County of San Francisco, Wireless Telecommunications Services (WTS, August 15, 1996
Related Subject: Right of Way Management
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San Antonio, Texas, Street Cut Manual
A highly detailed, exceptionally easy to read and understand manual that addresses all aspects of how to make a street in the City of San Antonio, Texas.
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Seattle, WA Street and Sidewalk Pavement Opening Restoration Rules
City of Seattle, Washington, rules and standards for street and sidewalk pavement cuts and restorations. Very detailed and easy to read example of model rules and restorartion standards manual.
Related Subject: Pavement Management
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Subsurface Utility Engineering (SUE)
U.S. Federal Highway Administration web site on subsurface utility engineering (SUE). This site contains basic information explaining how SUE works and its benefits, sample RFPs and consulting agreements for SUE services, a list of web sites containing additional information on SUE, Purdue University study on cost savings resulting from SUE, and an extensive bibliography.
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Telecommunications Franchise Agreement - Richmond, VA. April 2002
City of Richmond, VA's unique franchise agreement with Verizon. Richmond may be the first city in Virginia to accomplish such an agreement with an ILEC. For more information about this agreement please contact Dianne Linderman (dlinderman@ci.richmond.va.us).
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Telecommunications Report and Plan - Dayton, OH
An exceptional detailed and logical report on the Telecommunications Act of 1996 and how implementation of this act by federal and state regulatory agencies will impact municipal management of the PROW. This documents describes Dayton's plan for dealing with management issues arising from this legislation.
Related Subject: Right of Way Management
Utilities
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Trenching, Backfill, and Pavement Restoration Standards-Poulsbo,WA
Extract from City of Poulsbo, Washington, publication titled: “Developer’s Guide – Construction Standards and Specifications.” This document states the trenching, backfill, and pavement restoration standards for utilities installations in public rights-of-way as adopted by the City of Poulsbo.
Related Subject: Pavement Restoration Standards
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Sub-topic: ordinances
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Bakersfield, CA Municipal Code Title 12 Streets, Sidewalks and Public Places
Municipal ordinance governing right-of-way management (sections 12.12, 12.16 and 12.20) often cited by private sector utilities as being fair and reasonable to all parties.
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City of Santa Ana, CA Trench Cut Ordinance Analysis
An exceptionally detailed analysis of a proposed ordinance establishing trench cut fees prepared by the City of Santa Ana, CA Public Works Department and City Attorney's Office. This report was presented to the Budget Committee of the Santa Ana City Council in August 1999.
Related Subject: Right of Way Management Pavement Management
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Multi-Municipality Ordinance for ROW Use and Occupancy-KCMO
An example of the uniform ordinance adopted by multiple municipal governments in the Kansas City Metropolitan area. This ordinance has been adopted with minimal alteration by four communities and is in the process of being adopted by four more.
Related Subject: Right of Way Management
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Ordinance 97-537 governing excavations-Sacramento, CA
Ordinance governing excavations in city streets, permits, compliance with safety regulations, pavement restoration, coordination of excavations, and repair of failed restorations.
Related Subject: Right of Way Management
Transportation—Pavement Management
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Regional Municipality of Ottawa-Carlton ROW Management Report
Report outlining a three-year study of right-of-way management within the Regional Municipality of Ottawa-Carlton, Ontario, performed by the Ainley Group. This report contains 106 recommendations relating to right-of way management functions of local government. Significant recommendations relating to Organizational, Legal, Traffic Management, Pavement Degredation, Permit Fees, Moratoriums, Restoration Standards, Warranties, Information Management, and Damage Prevention issues are contained in this report.
Related Subject: Right of Way Management
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Right-of-Way Ordinance - APWA Maine Chapter
Sample Right-of-Way ordinance developed by the Maine Chapter of APWA.
Related Subject: Right of Way Management
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Right-of-Way Ordinance-Lg of MN Cities & CEA of MN
Sample Right of way ordinance developed by the League of Minnesota Cities and the City Engineers Association of Minnesota.
Related Subject: Right of Way Management
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ROW Ordinance - City of Mobile, Alabama
Municipal Right-of-Way ordinance containing administrative and construction requirements. Appendices outline fee schedules and provide standard construction specifications. PDF file (3 MB)
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Santa Ana Trench Cut Fees for Excavation in the Public Right of Way
Documents include the staff request for council action (9/17/01), the resolution setting and adding the fee to the municipal code, and the trench cut ordinance .
Related Subject: Right of Way Management
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Socal Gas Company Model Franchise Ordinance
A model municipal franchise agreement developed by the Southern California Gas Company.
Related Subject: Right of Way Management
Utilities
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Southern California Edison Template
Template for a street cut ordinance developed by Southern California Edison and used by Bakersfield and several other municipalities.
Related Subject: Right of Way Management
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UPROW & Right-of-Way Subcommittee Model Right of Way Ordinance
This model right of way ordinance was prepared in order to assist county and local government officials and those utility owners operating within respective governmental jurisdictions in coping with the various issues resulting from the Telecommunications Act of 1996. It is not to the intention of the Utility and Public Right of Way (UPROW) committee or the Right of Way Management subcommittee that this ordinance be the definitive right of way legislation. However, it does comprise much of the same language that can be found in local ordinances recently passed in various counties and local governments throughout the country. It is strongly recommended that county and local government officials thoroughly review what is applicable under their state laws before preparing a right of way ordinance.
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Washington State Model County Utility Accomodation Policies
Municipal Research & Services Center of Washington web site containing the Washington State County Road Administration Board's model utility accomodation policy; recommended procedures for developing and adopting utility accomodation policies; and examples of county policies.
Related Subject: Right of Way Management
Utilities
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Washington State Permits and Ordinances
Permits and ordinances from 21 cities in the State of Washington covering PROW Management. Topics covered include Special Events, Long and Short Term Use and Excavation/Restoration Requirements.
Related Subject: Right of Way Management
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WCHA Utility Accommodation Policy
Wisconsin County Highway Association Utility Accommodation Policy. This document was developed by 72 Wisconsin County Highway Commissioners to provide "a document that could be used as the core of a county, town, or village ordinance governing policy on the accommodation of utilities in public right-of-way. The Wisconsin Public Service Commission and utility industry cooperated in the development of this document. Figure 1 Figure 2
Related Subject: Right of Way Management
Utilities
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Sub-topic: pavement
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Seattle Transportation-Impact of Utility Cuts on Performance of Seattle Streetes
Related Subject: Transportation
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