§ 32-24. Policy.

(a)

It is the policy of the unified government to authorize any ROW-user to use the right-of-way in a competitively neutral, nondiscriminatory manner that maximizes the efficient use of and conserves the right-of-way and minimizes the burden on the right-of-way, physically and aesthetically. Any use of the right-of-way by a ROW-user shall be subject to the terms and conditions of this article in addition to other applicable federal, state, or local requirements.

(b)

The right granted to the ROW-user to use the right-of-way is limited to the use that the ROW-user has filed with the unified government in accordance with this article. These rights are for the exclusive use of the ROW-user except where otherwise provided herein, or when authorized by the unified government.

(c)

This article is designed to regulate occupancy, construction, excavations, and other disruptions in the right-of-way by providing, among other things, for the issuance of permits that grant the authority to utilize and occupy the right-of-way within the city.

(d)

All ROW-users shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the unified government in the reasonable exercise of its police power and are subject to all applicable laws, orders, rules, and regulations adopted by governmental entities now or hereafter having jurisdiction. In addition, the ROW-users shall be subject to the technical provisions and standard drawings and all technical specifications, design criteria, policies, resolutions, and articles now or hereafter adopted or promulgated by the unified government in the reasonable exercise of its police powers relating to permits and fees, sidewalk and pavement cuts, driveway installation, utility location, construction coordination, surface restoration, and other requirements on the use of the right-of-way.

(Code 1988, § 32-24; Ord. No. O-104-00, § 4, 11-16-2000)