Article 4. Public Lands and Rights-of-Way Regulation.
11.4.1. Permission required.
It is unlawful for any individual, proprietorship, partnership, company, corporation, municipal corporation or other entity to construct, erect, lay or otherwise place any pipeline, transmission line, main, pole, tower, sign or other structure above, across, upon or within any public land or right-of-way within the corporate limits of the City of Bel Aire, Kansas without prior written permission by the governing body of the City of Bel Aire, Kansas or its designee.
(Ord. 351)
11.4.2. Exemption.
The replacement of a pipeline, transmission line, main, pole, tower, sign or other structure currently constructed, erected or otherwise placed above, across, upon or within any public land or right-of-way with in the corporate limits of the City of Bel Aire, Kansas shall be exempted from the provisions of Section 11.4.1 of this Chapter, if said replacement is an exact location replacement.
(Ord. 351)
11.4.3. Application.
Application for written permission by the City of Bel Aire, as referenced in Section 11.4.1 of this Article, shall be made in writing and include a sketch, plans or drawings detailing the requested location of construction, erection or placement above, across, upon or within the public land or right-of-way.
(Ord. 351)
11.4.4. Written permission.
Prior to granting written permission concerning any public land or right-of-way, the City of Bel Aire shall ascertain the location of all other utilities, pipelines and structures above, across, upon and within said public land or right-of-way.
Written permission concerning any public land or right-of-way shall be subject to and conditioned upon:
A. Written instructions from the City of Bel Aire, Kansas concerning exact location and placement above, across, upon or within the public land or right-of-way; and
B. An agreement that the applicant shall be solely responsible for all costs of relocating any pipeline, transmission line, main, pole, tower, sign or other structure constructed, erected or otherwise placed above, across, upon or within any right-of-way, if necessary for the improvement of any roadway contained within said right-of-way.
(Ord. 351)