Title 3 — Development Regulations, Chapter 540 — Utility Installation in or Along Public Ways

any public way or property belonging to or owned by the county for the purpose of installing, constructing or erecting thereon any pipes, pipelines, conduit, cable, wire, pole, frame, tower, pump, switching device, control device, or any other object in connection with the furnishing of any public utility or public service until such person, corporation, entity or utility company representative applies for and receives from the county the necessary permit authorizing such encroachment and the installation, construction and/or erection of a utility thereon.

County’s online permitting portal and shall identify the work to be performed and the location proposed. The proposed location shall be identified on a surveyor's plat drawn to scale and with sufficient detail as to identify the boundaries of the public way and the boundaries and location of the work to be performed.

provide such safety measures and devices as the board of commissioners or its representatives may deem necessary for the health, safety and protection of the public and environment during the period of construction and installation.

completion date for the work described and shall be submitted to the county department of public works, transportation division for review and authorization.

obtained pursuant to this section, the permittee shall restore the public way to the same or better condition than that which existed prior to the commencement of the work and failure to do so will constitute a violation of this section.

Small cell wireless facilities and antennas which are subject to permitting regulation under the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C, shall be governed by Title 5: Telecommunications Chapter 710 of this UDO. Aesthetic standard for small cell wireless facilities and antennas shall be the same as for other facilities located within rights-of-way.

Any person desiring to install a utility within a public way shall submit design drawings and specifications to the county for review and approval. At a minimum, the following guidelines apply to all installations permitted under this article:

Telephone utilities shall only be located on either side of a road.

Fiber shall have 24 inches of cover.

Any person desiring to install a utility within a public way shall submit design drawings and specifications to the county for review and approval. At a minimum, the following guidelines apply to all installations permitted hereunder.

only and the placement of facilities or utilities upon a public way pursuant to a permit shall not operate to create a property right in the permittee.

persons.

improvement, maintenance, safe and effective operation, alteration or relocation of the public way, then it shall be the sole responsibility and the sole expense of the permittee to remove any utility installed pursuant to this section which is so affected by the public way alteration and to thereafter relocate or reset the utility.

50.02, upon written notice by the County, the County shall remove such utilities and the permittee shall be liable for any and all costs or damages incurred by the department as a result thereof. It shall be the responsibility of the permittee to schedule and coordinate removal and relocation construction with the County.

proof of an agreement to indemnify and hold harmless the County, its agents and officers, as to all claims, damages, demands, actions, costs and expenses which may result from any injury or other damage arising from the construction, operation, utility maintenance, highway maintenance, repair, removal or relocation of the utilities hereunder permitted.

the permittee shall at all times maintain necessary safety devices in accordance with the state department of transportation manual on Uniform Traffic Control Devices, including, but not limited to, flagmen, signs, lights, flares and barricades, as may be deemed necessary by the County as safety precautions.

shall not provide access rights to any areas not specifically provided for within the terms of the permit.

and provide documentation as to the boundaries of the public way and the placement of the utilities thereon to the county for review and approval.

periods, the permittee shall provide and maintain reasonable access to existing private driveways, private roads, easements and public ways and shall restore all areas disturbed to the condition preceding the work.

construction of a utility permitted under this article and shall be responsible for submitting design specifications and plans and for obtaining approval from applicable departments and agencies within both the state and county governments.

maintenance or operation of utilities permitted under this article is prohibited unless the permittee obtains a separate permit for the blasting activity.

commence work as permitted under this article a minimum of 24 hours prior to the commencement of any work.

thereunder is commenced within 60 days of the permit's issuance.

removal of utilities permitted under this article shall be completed within a reasonable time, not to exceed 120 days from the date of the permit's issuance.

Upon completion, the permittee shall submit a written notice to the County confirming completion.

apply for a permit as specified in this article.

notice to the permittees.

required permit, or to place, relocate or remove utilities properly, shall constitute a misdemeanor and shall be punishable as provided in section 1-19 of this Code.

540-60.02

The following terms have the following meanings for purposes of this section:

Collocate or Collocation: To install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.

Consolidated Application: An application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.

Decorative Pole: An authority pole that is specially designed and placed for aesthetic purposes.

FCC: The Federal Communications Commission of the United States.

Pole: A vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.

Replace, Replacement or Replacing: To replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.

Small Wireless Facility: Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications:

telecommunications demarcation boxes; grounding equipment; power transfer switches;

cut-off switches; and vertical cable runs for connection of power and other services. Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

Support Structure: A building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.

Wireless Infrastructure Provider: Any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.

Wireless Provider: A wireless infrastructure provider or a wireless services provider.

Wireless Services: Any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

Wireless Services Provider: A person that provides wireless services.

Wireline Backhaul Facility: An aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network.

Definitions in this section include references and citations to applicable federal and state laws. In the event that any referenced section is amended, the definition in the referenced section, as amended, shall control.

Except as provided in subsections 540-70.05.A and 540-70.05.B, facilities shall be installed underground in areas designated by Title 2: Zoning of this UDO so long as placement underground will not materially impact the provision of service. Any individual requesting to locate facilities above ground in areas designated by Title 2: Zoning of this UDO has the burden to demonstrate by clear and convincing evidence that undergrounding will effectively prohibit the provision of the service in question.

Facilities installed in the historic district of the county shall conform to the provisions of the state historical preservation organization.

Facilities must be designed using camouflaging techniques that make them as unobtrusive as possible if:

Facilities shall incorporate specific concealment elements to minimize visual impacts.

These areas are identified in terms of priority, meaning industrial is the most preferred location, followed by commercial, and then by residential, etc.

Installation of new facilities in, on, along, over, or under the public rights-of-way or modification of existing facilities in, on, along, over, or under the public rights-of-way shall:

No facilities shall be placed in, on, along, over, or under the public rights-of-way unless:

Every facility placed in the public rights-of-way shall at all times display signage that accurately identifies the facility owner and provides the facility owner's unique site number, and also provides a local or toll-free telephone number to contact the facility owner's operations center.

The 2016, as revised December 1, 2018, Utility Accommodation Policy and Standards Manual (“Manual”), including all references contained therein to codes, rules, regulations, schedules, and forms promulgated by the State of Georgia Department of Transportation (which hereinafter may be referred to as the "Manual"), is adopted by reference and incorporated in this article as if fully set forth herein, subject to all amendments, deletions and modifications contained in this article. A copy of the manual shall be maintained at the offices of the director of transportation or his/her designee and the clerk of the board of commissioners and open for public inspection. The manual as adopted in this section supersedes and replaces the utility accommodation policy and standards manual previously adopted.

The manual promulgated by the State of Georgia Department of Transportation, adopted in section (a) by reference, is amended in order to equate state definitions and provisions with their appropriate and equivalent county counterparts, such that a policy shall be implemented to reflect the intent and effect of the state right-of-way policy as it would logically apply to unincorporated county's rights-of-way, and in order to reflect the county's policies and practices, including, but not limited to, the following:

Title 3: Chapter 540

"General Description - The Department may utilize the SUE process to manage the risks associated with existing utility facilities found on active Department projects. The SUE process employs established engineering technologies that can provide precise horizontal and vertical locations of existing overhead/underground utilities to produce an accurate picture of the existing overhead/underground utility infrastructure."

Printed information on the project updates will be provided to the Utilities to the extent possible without compromising any confidential or otherwise sensitive information. This information will be disseminated during the monthly meetings of the Paulding Utilities Coordinating Committee (Paulding-UCC) and posted on the Paulding-UCC web page of the Georgia Utilities Coordinating Council. Schedules may also be posted to the Paulding DOT Utilities web page. Regularly scheduled meetings may be held with utility companies involved on multiple projects. Utilities may request company- specific reports at any time. Particular items that need to be addressed as a minimum are as follows:"

"Submit a Request for Information (RFI) to each Utility to ensure each is aware of the general scope and nature of the Department project. This RFI would request that each Utility submit a written response which includes a cost estimate and comments concerning potential impact to their facilities.

The Utility would indicate if it has easements that could be impacted by the project improvements. Additionally, in this response the Utility should provide an indication of whether its facilities could be included in the department's project construction contract. The Utility would reimburse the contractor for performing the work, directly or through an approved subcontractor."

"4.1.C.4 Work Plan Approval - It is the responsibility of the Department of Transportation Engineering Division manager or his/her designee to review all Work Plans submitted by the Utility found within a project's limits. If upon review, the County Department of Transportation Engineering Division manager or his/her designee determines a Work Plan to be unreasonable based upon the required scope of utility adjustment and/or relocation required to accommodate a project; the Department of Transportation Engineering Division manager or his/her designee will initiate the following Title 3: Chapter 540 process to resolve such disputes involving the Work Plan whenever they may occur.

"After the County Department of Transportation Engineering Division manager or his/her designee has reviewed and determined that the submitted Work Plan is unreasonable for the proposed utility work in question, the Department of Transportation Engineering Division manager or his/her designee will notify the Utility of such opinion through written correspondence. Such written correspondence shall detail the items in question and request the Utility to justify or revise the Work Plan accordingly. The Utility will respond to this letter within 10 business days.

The response shall include justification or proposed revisions to comply with the items in question identified by the Department of Transportation Engineering Division manager or his/her designee. If the Work Plan dispute cannot be resolved through the efforts described above after 20 business days from the date provided in the Department of Transportation's original written correspondence, said dispute may be escalated by the Department of Transportation's Engineering Division manager or his/her designee or the Utility to the director of the Department of Transportation and a designated representative of the Utility who has authority to settle the dispute and who is at a higher level of management than the person with direct responsibility for the management of the project. If the parties are unable to resolve the dispute, either may select relief from such other remedies as may be available at law or in equity."

"4.2.B.1 Determination of Eligibility. Whenever a claim for reimbursement is made by a Utility, a written application for such reimbursement shall be submitted by the Utility to the County Department of Transportation, along with such supporting documentation for such claim as may be required in the discretion of the Department of Transportation. Upon review and verification of the information provided by the Utility, the Department of Transportation shall make a determination of eligibility for reimbursement."

"For above-ground facilities, other factors may be considered by the County Department of Transportation in determining the allocation and proration of costs to be reimbursed to the Utility (including, but not limited to, the overhang of utility facilities into existing rights-of way)."

Title 3: Chapter 540 "4.2.F.3 Reviews and Approval - Agreements will be approved and executed by the Chairman of the Board of Commissioners. The prior concurrence of the Director, County Department of Transportation and County Attorney may also be required."

"4.4.B Revised Work Plan Approval - If previously unforeseen utility removal, relocation, or adjustment work is found necessary by the County Department of Transportation, the Utility or the department's Contractor after the letting of a project, the Utility shall provide a revised work plan within 30 calendar days after becoming aware of such additional work or upon receipt of the Department's written notification advising of such additional work. The incorporation of this revised work plan into the overall project schedule is not intended to correct errors and omissions with the originally approved Work Plan submitted to the department. If such errors or omissions occur, it will be the Utility's responsibility to adhere to the original work plan submitted and approved during the preconstruction phase of the project's development. However, when it is deemed appropriate for a revised Work Plan to be submitted the following procedure shall be followed for its approval:

"It is the responsibility of the Department of Transportation Engineering Division manager or his/her designee to review all revised Work Plans submitted by the Utility found within a project's limits. If upon review, the Department of Transportation Engineering Division manager or his/her designee determines a revised Work Plan to be unreasonable based upon the required scope of utility adjustment and/or relocation required to accommodate a project, the Department of Transportation Engineering Division manager or his/her designee will initiate the same process to resolve such disputes as set forth in Section 4.1.C.4."

"4.4.C. Procedures for Utility Damages or Delay Costs - If the Utility fails to provide a Work Plan or fails to complete the removal, relocation, or adjustment of its facilities in accordance with the Work Plan or Revised Work Plan approved by the County Department of Transportation, then the Utility may be liable to the department or its Contractor for delay costs and damages incurred by the department or its Contractor which grow out of the failure of the Utility to carry out and complete its work accordingly.

However, the following escalation process shall be utilized by the department, its Contractor, and the Utility to resolve such disputes regarding damages or delays prior to such claims being brought before a court of competent jurisdiction.

"Escalation Process Step 1 - It shall be the Contractor's responsibility to coordinate and track each Utilities progress in relation to the Work Plan or Revised Work Plan previously approved by the Department of Transportation Engineering Division manager or his/her designee. Once Title 3: Chapter 540 the Contractor has determined that the Utilities work progress is at least 20% behind the approved Work Plan, the Contractor will notify the Utility and the department of such apparent delay through written correspondence. Such written correspondence shall detail the delay in question and request the Utility to submit a proposal on how the Utility plans to rectify such delay and maintain the project's schedule prescribed by the previously approved Work Plan. The Utility will respond to this letter within 10 business days. The response shall include a proposal to cure the delay identified by the department's Contractor. In some cases, the complexity of the project may require that a utility coordination meeting be held to address the issues identified by the department's Contractor. If the Utility determines that this is the case, then the Utility's response letter shall include a request to hold a utility coordination meeting with the department's Contractor and the Department of Transportation for utility delay resolution. If the utility delay dispute cannot be resolved through the coordination efforts described above after 20 business days from the date provided in the Contractor's original written correspondence, said dispute may be escalated for further consideration as provided in Escalation Process Step 2 below.

"Escalation Process Step 2 - After the Department of Transportation Engineering Division manager or his/her designee has reviewed and determined that the submitted Work Plan is unreasonable for the proposed utility work in question, the Department of Transportation Engineering Division manager or his/her designee will notify the Utility of such determination through written correspondence. Such written correspondence shall detail the items in question and request the Utility to justify or revise the Work Plan accordingly. The Utility will respond to this letter within 10 business days. The response shall include justification or proposed revisions to comply with the items in question identified by the Department of Transportation Engineering Division manager or his/her designee. If the Work Plan dispute cannot be resolved through the efforts described above after 20 business days from the date provided in the Department of Transportation's original written correspondence, said dispute may be escalated by the Department of Transportation Engineering Division manager or his/her designee or the Utility to the director of the Department of Transportation and a designated representative of the Utility who has authority to settle the dispute and who is at a higher level of management than the person with direct responsibility for the management of the project. If the parties are unable to resolve the dispute, either party may select relief from such other remedies as may be available at law or in equity. The Utility shall have a period of 45 days from the date of receipt of the Department of Transportation's original written correspondence to either pay the amount of the damages or delay costs to the department or its Contractor or seek relief from this determination by available legal or equitable remedy".

Title 3: Chapter 540

"4. Milling and resurfacing shall be performed such that there isn't an increase in the pavement elevations in the after condition. Areas to be milled and resurfaced shall be measured from each trench edge on each side of the trench. For an example; If a trench is cut diagonal to an east west road, the milling and resurfacing would be measured 50' from a point the further west and 50' from the point further east for complete milling and resurfacing between those two external points.

For any roadway with no raised barriers separating the lanes, the entire roadway shall be milled and resurfaced as described above. For divided roadways (divided with a raised barrier or median), only the side being trenched needs to be resurfaced.

For any utility trenching within the stop bars or stop lines within a signalized intersection, the entire intersection shall be milled and replaced regardless of the length.

Any and all pavement markings and raised pavement markers within the milled and resurfaced areas shall be replaced in kind according to the department standards for pavement markings and raised pavement markers. Any existing "in-pavement" traffic detection devices within the milled and resurfaced area shall be replaced to the satisfaction of the Department of Transportation traffic operations manager. Any utility related contractor working around signalized intersections must coordinate with the Department of Transportation traffic operations manager at least two weeks before the planned start of any saw cutting for utility trenching within a signalized intersection."

"1. Asphaltic Concrete Pavements- a minimum depth of 48 inches from the top of the pipe to the finished asphalt grade shall be required.

"The bottom of the trench under the pipe shall be bedded up to the haunches of the pipe. Backfill shall be of a suitable material compacted to Title 3: Chapter 540 98% compaction. The trench shall have a minimum clearance of 6 inches on either side of the pipe for the maximum amount of compaction effort. A minimum of 12 inches graded aggregated base backfill shall be placed in 6 inch compacted layers at 98% compaction. A 7 inch asphalt base shall be placed in 2 layers with an additional one inch (1") asphalt topping overlay. The existing asphalt will be saw cut along the edge for the full depth of existing asphalt. A tack coat will be required between the asphalt base course and the asphalt topping overlay coat. The asphalt topping shall match the existing roadway asphalt. When the concrete curbing is cut it shall be replaced from construction joint to construction joint (See trench repair diagram below)."

Title 3: Chapter 540