§ 62-96. Scheduling and coordination of excavation.

(a)

Twelve month plans; proprietary information. In order to facilitate an interactive planning process, persons desiring to excavate or make an opening, in the public right-of-way or public road, as part of the compliance requirement for any permit issued, shall submit a quarterly plan in a format acceptable to the director of public works that show all major excavation work anticipated to be done in the public right-of-way or public road for the next 12 months. The plan shall include a method of excavation designed to protect to the maximum extent possible, the existing infrastructure and minimize the interference with pedestrian and vehicular traffic plans may be revised and updated from time to time by such person. The person submitting the plans shall mark such plans as proprietary, or trade secrets and the plans will be protected from disclosure by the county, to the extent permitted by law. Should any third party seek access to the information submitted, the county shall notify the entity submitting the quarterly plan of the request and afford such submitting entity the ability to seek intervention of the courts to prevent disclosure. This requirement shall not impose any requirement on any person desiring to cut a street to disclose confidential business information. This 12-month plan shall not require persons to disclose information on lateral construction marked protected. In addition, this information is only an estimate and will only be used for general location of construction or excavation activities of the person and no liability shall be incurred due to or on account of the submission of such projection.

(b)

Coordination of 12-month plans. The director of public works shall review all 12-month plans on file in order to identify conflicts and opportunities for coordination of activities. The director shall notify persons with a 12-month plan on file of such conflicts to the extent possible to maximize coordination of major excavation work and to avoid unnecessary and repeated excavations in a public road or public right-of-way. All persons shall coordinate, to the extent possible, major excavation with other potentially affected persons to minimize disruption of the county's public rights-of-way and public roads. The department of public works may schedule monthly meetings with persons who desire to work in the rights-of-way or public roads for the purpose of reviewing submitted as-built plans as required in section 62-91. Persons who seek to perform excavation activities in the right-of-way or public road shall be required to attend such meetings. Failure to attend such meetings shall subject all persons to revocation or suspension of permits or the issuance of a stop work order.

(c)

Persons participating in joint excavation. The permit holder shall be deemed the lead person on the joint excavation. In addition, the permit shall list the names of all persons participating in the joint excavation.

(d)

Department of public works repaving schedule. In March of every year, the director of public works shall prepare for public inspection, a preliminary 12-month repaving plan showing anticipated and proposed resurfacing and repaving of the public right-of-way or public road. Upon completion, such 12-month repaving plan shall be provided to every person with a 12-month plan on file with the department of public works. The director of public works will update such plan as appropriate and provide a copy to the persons referenced in the preceding sentence.

(e)

Industry meetings. The persons subject to this article will use their best efforts to conduct industry meetings on a regular basis to try and better coordinate excavation activities. The department of public works may participate in these industry meetings and endeavor to coordinate major excavation work of the county and the industry.

(f)

Good faith efforts. Persons subject to this article will use good faith efforts to conduct joint excavation activities subject to technical, economic and competitive considerations. Joint applications shall be approved in an expedited manner and be given high priority. Any joint application shall identify the lead person responsible for the requested permitted activity. The lead person will coordinate the activities of the other persons participating in the joint project. As an incentive, to encourage joint excavation activities, the county shall implement expedited permit procedures.

(Res. No. 02-0264, 2-20-02)