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Jefferson Parish |
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Code of Ordinances |
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Chapter 35.5. TELECOMMUNICATION AND UTILITY FRANCHISES AND RIGHT-OF-WAY OCCUPANCY AGREEMENTS |
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Article III. GENERAL AND MISCELLANEOUS PROVISIONS |
§ 35.5-60. Enforcement and grounds for cancellations of franchises.
(a)
(1)
The parish may annually create a task force of representatives of parish departments to review the status of and compliance with each franchise granted by the parish and to report and make recommendations to the parish to ensure full compliance with the terms of each such franchise and with the provisions of this chapter.
(2)
For the purposes of this article, the term "franchise" shall mean the authority granted by parish ordinance to any public utility, or similar entity, to occupy public rights-of-way and other property owned by the parish for the franchisee's use, installation, maintenance and/or repair of telecommunications systems, data transmission systems, cable television systems, electrical systems, or natural gas systems or any other system related to the provision of services or products to the public for which a franchise may be awarded by the parish. Each franchise shall consist of referenced specifications, rates and other related material specific to the type of service or product provided by the franchisee.
(b)
All franchises granted by the parish shall expire if not exercised for a period of twelve (12) months.
(c)
The parish may terminate, revoke or cancel a franchise or similar right by any means and for any reason permitted by law or contract, including, but not limited to, the provisions of this chapter.
(d)
The parish president shall promulgate or cause to be promulgated administrative rules and regulations for the more efficient enforcement and administration of this chapter, which shall be prepared and promulgated in accordance with all applicable laws. Significant substantive amendments of said administrative rules and regulations shall not become effective unless and until approved by a resolution of the parish council. However, procedural and minor amendments to permit applications, requirements and required documentation shall become effective by amendments and updates to permit application forms approved by the director of parish administrative departments that is authorized to issue the permit.
(e)
Construction permit.
(1)
Permit required: Except as otherwise provided in this section, a construction permit shall be required by all franchisees or other entities otherwise entitled to use public rights-of-way or other property owned by, or under the control of, the parish before the commencement of construction on public rights-of-way or any other property owned by, or under the control of, the parish.
(2)
Fees: The minimum fee for a utility construction permit for the installation of utilities or similar installations on public rights-of-way or any other property owned by, or under the control of, the parish shall be one dollar and fifty cents ($1.50) per each linear foot of such installations not to exceed an area of one (1) contiguous cubic foot per each linear foot of the installation ("the linear installation route") for each permit. In the event that the installation will occupy more than one (1) contiguous cubic foot per any linear foot of the linear installation route under a permit, the permit fee for such an installation shall be increased by an additional one dollar and fifty cents ($1.50) for each additional contiguous cubic foot and part thereof per each such linear foot. There shall be a minimum non-refundable construction permit application fee of two hundred dollars ($200.00) which shall be applied toward the final fee and a fee in the amount of one hundred dollars ($100.00) for a time extension of an issued construction permit. A later utility or similar installation by the same permit holder on the same linear installation route for which a permit has been issued shall require an additional permit and fee whether such an installation is, or is not, within the contiguous cubic foot or feet per linear foot for which a permit had previously been issued.
(3)
Insurance, indemnification and completion and restoration bond: The applicant for such a permit shall provide: (a) indemnification for the parish, its districts and sub-districts for any damages to parish property of any type and third party claims related to the installation, operation or maintenance of the equipment owned by the entity, (b) insurance coverage of the same type and in the amounts and under the same conditions required in this chapter for a franchise. A completion and restoration bond in effect during the permitted work and terminating no sooner than five (5) years after the parish accepts the permitted project as complete may be required at the discretion of the parish department of engineering; such a bond shall be in an amount determined by the parish department of engineering based on the size and type of project as well as the likelihood of damage to person or property as a result of the project. The permitted project shall not be accepted as complete until the required Geographic Information Systems ("GIS") submissions related to said completed project has been accepted by the parish as complete and compatible with the parish system.
(4)
Relocations: A permit shall be required for any relocation of an existing installation on public rights-of-way and any other property owned by, or under the control of, the parish except for relocations required by a parish project for which the relocation plans have been approved by the parish. The fee shall be waived for such a permit whenever the relocation of an existing installation is requested by a local government, or state or federal agency. The owner of the equipment to be removed must provide written documentation to the appropriate parish permitting agency that the relocation is required by the parish, another local government, or state or federal agency.
(5)
Cumulative permitting option: Entities which require more than three (3) permits per month for service lines to individual residential or commercial structures have the option to use a cumulative permitting process.
a.
The cumulative permitting process shall apply only to permits for less than one hundred (100) linear foot of utility equipment installation up to a maximum of one (1) contiguous cubic foot to be occupied by utility equipment per linear foot of the linear installation route for each permit for service lines to an individual residential or commercial structure and relocations requested by a government agency. The cumulative permitting process shall not apply to any other type of installation regardless of the size or extent of the installation. For multiple individual service line installations on parish property to a multi-family or commercial structure occupied by multiple businesses, each line on parish property shall be considered a separate project under the cumulative permit.
b.
After approval by the parish of an entity's cumulative permit application, including the entity's acknowledgment that no parish personnel has the duty or may have the opportunity to inspect the project site before, during or after the installation of equipment of the utility under the cumulative permit and the fulfillment of the insurance, indemnity and restoration bond as outlined above for a permit, that entity:
1.
May proceed with individual residential or commercial service installations after giving notice to the parish of the location of such installations but without the prior issuance of individual project permits for those installations; and
2.
Shall be allowed to furnish the length and GIS information for all such installations and also pay the permit fee on such installations on established six-month reporting and invoicing intervals.
c.
The permit fees and provisions outlined in (e)(2), (e)(3), and (e)(4) above shall apply to cumulative permits except that the two hundred dollar ($200.00) minimum permit fee shall apply only to the first one hundred twenty (120) permits under the cumulative permit for service line installations for which a fee is paid by the same entity within each twelve-month period. The first twelve-month period for each entity using the cumulative permitting process shall begin on the first day of the month in which the first project was permitted under the cumulative process and each following twelve-month period shall begin on the anniversary of the first period.
(6)
Exception: A permit shall not be required prior to the installation of utility or similar equipment under emergency conditions, but the owner of such equipment shall be required to notify the parish department of public works within two (2) working days of such installations on parish rights-of-way or on any other property owned by, or under the control of, the parish and the owner of such equipment shall be responsible to indemnify the parish, its districts and sub-districts for any damages which may result from such an installation or operation.
(f)
(1)
Except as otherwise provided below, the department of streets shall issue all permits for any work, excavation or activity required by this chapter.
(2)
Whenever a permit for any work, excavation, or activity is required by this chapter, it shall be a misdemeanor and a violation of this section for any person to commence or continue said work, excavation or activity without having first obtained such permit.
(3)
Whenever any person commences any such work without such a permit or continues any such work, excavation, or activity that threatens public safety, interferes with the operation or maintenance of streets, public utilities or other public works, or is in violation of this chapter or of the conditions of a permit issued under this chapter, the parish department of streets, the department of environmental affairs or the parish department of inspection and code enforcement is authorized to immediately issue and enforce an order to cease and desist from said work, excavation, or activity. Said order shall be subject to review, and all of the procedures related to said order shall be conducted in the same manner as is provided for a cease and desist order for violation of the parish building code.
(4)
In addition, any violation of this section shall be deemed a violation of a public health and environmental ordinance and shall be subject to civil administrative adjudication by the parish administrative hearing officer.
(5)
Notwithstanding the provisions of this section:
a.
Environmental matters. The department of environmental affairs shall issue permits for activities on parish right-of-way or other parish property that pertain to environmental activities such as soil or ground water sampling, installation and plugging and abandonment of ground water monitoring wells, and any other similar activity undertaken in fulfillment of an order or requirements of the Louisiana Department of Developments and Transportation or the Louisiana Department of Environmental Quality, or their successors or the United States Environmental Protection Agency or any other state or federal agency that has jurisdiction over environmental issues. The department of environmental affairs is authorized to issue a cease and desist order and a violation citation regarding environmental permitting matters; such an order shall be subject to review, and all of the procedures related to said order shall be conducted in the same manner as is provided for a cease and desist order for violation of the parish building code. The department of environmental affairs shall provide the application forms and related documentation for such permits and shall provide notice to the streets department when such a permit is issued.
b.
Towers and antennas. The parish department of inspection and code enforcement shall issue the permits for transmission towers, radio towers, wireless telecommunications towers (including monopoles), masts, aerials and/or antennas and similar structures located on private property, including private property owned by the parish, its districts or sub-districts, excluding public rights-of-way; the parish department of streets shall issue the permits for such structures located on all public rights-of-way, regardless of ownership. All parish building code and zoning regulations as well as any other provisions of the Jefferson Parish Code of Ordinances regarding such structures shall apply to permits for such structures issued by either department.
(6)
The provisions of this section shall be applied both retroactively and prospectively to all permits that have been, or will be, issued for utility and similar construction projects on parish servitudes, rights-of-way or other property owned by, or under the control of, the parish, or, its districts or sub-districts, as well as to any such projects that have been, or will be, commenced without a parish permit.
(Ord. No. 20914, §§ 1, 2, 3-15-00; Ord. No. 20991, § 4, 6-28-00; Ord. No. 21481, §§ 2, 3, 1-9-02; Ord. No. 22309, § 1, 8-25-04; Ord. No. 22754, § 2A, 5-17-06; Ord. No. 22805, § 1, 7-19-06)