9-461.14. Public works project planning; utility input; definitions

A. A city or town in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the city or town believes may be impacted by the public works project for the purposes of:

1. Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project.

2. Minimizing subsequent reconstruction or modification of utility facilities after completion of the public works project.

B. In addition to the requirements of subsection A of this section, a city or town shall annually post on its website a capital improvement plan containing all public works projects scheduled to be constructed. For a city or town without a website, the information shall be posted on the website operated by an association of cities and towns in this state. A utility may also request that the city or town annually provide a copy of the city or town's capital improvement plan and provide notice of any new projects not included in the plan or changes that advance the start date of any projects already in the plan. The utility shall designate the utility representative to receive the plan and any notice of changes that would add new projects or advance the start date of any projects already in the plan.

C. For the purposes of this section:

1. " Public works project" has the same meaning prescribed in section 12-1141.

2. " Utility" has the same meaning prescribed in section 48-5107.