(a) Relevant Documents Required in Advance. The right-of-way permit holder shall comply with the City's normal work permit processes prior to commencing any work in the rights-of-way, except for emergencies and as otherwise provided in this chapter. No work in the rights-of-way shall be commenced until such time as the City has issued any and all required Work permits, the approval of which shall not be unreasonably withheld.
(b) Work Permit Required in Advance.
(1) Except as otherwise provided in the Code or pursuant to other applicable law, all persons shall obtain a work permit from the Building Department prior to beginning the erection, installation or maintenance, including tree trimming, of any lines or equipment. Prior City approval shall not be required for emergency repairs or routine maintenance and repairs. Operations which require excavation in the right-of-way, blockage of any street or alley, or material disruption to any landscaping or structures and/or irrigation systems require a work permit.
(2) The repair or improvement of streets or other public places under or by virtue of a contract with the City shall be excluded from the requirements of this section 1028.10.
(3) Original work permits issued pursuant to this section shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by authorized City personnel.
(4) All applicants for a work permit shall file a written notice with the Building Department at least seven days before working in or on the right-of-way, except in case of emergency as determined by the Director. In the event of emergency work in the right-of-way, the applicant shall apply for the permit on the next business day. To the extent applicable, all right-of-way work permit applications shall contain:
A. The right-of-way affected;
B. A description of any facilities to be installed, constructed, or maintained;
C. Whether or not any street will be opened or otherwise need to be restricted, blocked, or closed;
D. An estimate of the amount of time needed to complete such work;
E. A description of the method of restoring the right-of-way and timetable for completion of restoration;
F. A statement verifying that other affected or potentially affected right-of-way permit holders have been notified, and where applicable, the Ohio Utility Protection service;
G. The location, dimension and types of all trees within or adjacent to the rights-of-way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
(c) The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
(d) Mandatory Denial of Permit. Except in the case of an emergency, no work permit will be granted:
(1) To any person who has not yet made an application or who is occupying any right-of-way without a valid right-of-way permit, where required;
(2) To any person who has outstanding debt owed to the City;
(3) To any person as to whom there exists grounds for the revocation of a permit; or
(4) If, in the discretion of the City Service Director, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The City Service Director, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the rights-of-way, and by considerations relating to the public health, safety and welfare and the City's investment in the right-of-way.
(e) Permissive Denial of Permit. The City Service Director may deny a work permit in order to protect the public health, safety and welfare, and the City's investment in the right-of-way; to prevent interference with the safety and convenience of ordinary travel over the rights-of-way; or when necessary to protect the rights-of-way and its users. In exercising his/her discretion, the City Service Director may consider factors, including but not limited to:
(1) The extent to which rights-of-way space where the permit is sought is available;
(2) The competing demands for the particular space in the rights-of-way;
(3) The availability of other locations in the rights-of-way or in other rights-of-way for the proposed facilities;
(4) The applicability of this chapter or other regulations of the rights-of-way that affect location of facilities in the rights-of-way;
(5) The degree of compliance of the provider with the terms and conditions of its right-of-way permit, when applicable; this chapter; and other applicable ordinances and regulations;
(6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the rights-of-way;
(7) The condition and age of the rights-of-way, and whether and when it is scheduled for total or partial re-construction;
(8) The balancing of the costs of disruption to the public and damage to the rights-of-way, against the benefits to that part of the public served by the expansion into additional parts of the rights-of-way; and
(9) Whether such applicant or its agent has failed within the past three years to comply, or is presently not in full compliance with, the requirements of this chapter, or, if applicable, any other law.
(f) The City may impose reasonable conditions upon the issuance of the work permit and the performance of the permittee thereunder in order to protect the City's investment in the right-of-way, protect the public health, safety and welfare, to insure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, or to minimize the disruption and inconvenience to the traveling public.
(g) Least Disruptive Technology. All construction and maintenance of facilities shall be accomplished in the manner resulting in the least amount of damage and disruption of the rights-of-way. Specifically, and unless otherwise required by the City Service Director, every permittee when performing underground construction shall utilize trenchless technology, including, but not limited to, the use of directional boring, horizontal drilling, microtunneling and other techniques in the construction of underground portions of facilities which result in the least amount of disruption and damage to rights-of-way as possible. In addition, all cable, wire or fiber optic cable installed in the subsurface rights-of-way pursuant to this Chapter may be required to be installed in conduit, and if so required, no cable, wire or fiber optic cable may be installed pursuant to this chapter using "direct bury" techniques.
(h) Location of Facilities. The City shall have the power to prohibit or limit the placement of new or additional facilities within the rights-of-way if the right-of-way is full, as determined in the sole discretion of the City. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the rights-of-way, but shall be guided primarily by considerations of the public health, safety and welfare, the condition of the rights-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the rights-of-way, future City and County plans for public improvements, development projects which have been determined to be in the public interest and nondiscriminatory and competitively neutral treatment among providers.
(i) Minimal Disturbance. The right-of-way permit holder's system and associated equipment erected by the provider within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, sidewalks, and other rights-of-way and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys, sidewalks or other rights-of-way and places. No pole or other facility placed in any rights-of-way shall be placed in such a manner as to interfere with normal travel on such right-of-way.
(j) As permitted by law and to protect the aesthetics of the City, permittees shall locate, disguise, or screen its new or updated facilities in accordance with standards developed for the area in which the facility is located.
(k) Compliance of Technical Equipment and Workmanship. Permittees shall construct, install, operate and maintain its facilities and systems in a manner that is consistent with all laws, ordinances, construction standards, and governmental requirements including, but not limited to, The National Electrical Safety Code (National Bureau of Standards); The National Electrical Code (National Bureau of Fire Underwriters); applicable FCC, FERC, or other Federal, State and local regulations; and standards as set forth in their permit.
(l) General Workmanship.
(1) Construction, installation, operation, and maintenance of permitted systems shall be performed in an orderly and workmanlike manner. When consistent with the safety codes and standards set forth in this chapter, all cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(2) All systems shall be designed, constructed, and maintained for 24-hours-a-day continuous operation.
(m) Subcontractors. Each permittee shall ensure that any subcontractor or other person performing any work or service in the right-of-way on behalf of said permittee will comply with all applicable provisions of this chapter and its work permit and will identify the permittee for whom such subcontractor is working. Said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said permittee had performed or failed to perform any such obligation.
(n) Any contractor performing construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the State of Ohio and all applicable local ordinances.
(o) Work Done Without a Permit in Emergency Situations.
(1) Each provider shall, as soon as is practicable, immediately notify the City Service Director of any event regarding its facilities which it considers to be an emergency, as defined herein. The provider may proceed to take whatever actions are necessary in order to respond to the emergency. Within five business days, unless otherwise extended by the City Service Director, after the occurrence or discovery of the emergency (whichever is later), the provider shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for any and all actions taken in response to the emergency.
(2) In the event that the City becomes aware of an emergency regarding a provider's facilities, the City may use best efforts to contact the provider or the system representative of each provider affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the provider whose facilities caused the emergency.
(3) Except in the case of an emergency, any provider who constructs in, on, above, within, over, below or through a rights-of-way without a valid permit must subsequently obtain a permit, pay double the calculated fee for said permit, pay double all the other fees required by the code, reimburse the City for any and all costs it incurs as a result of the non-permitted construction, deposit with the City the fees necessary to correct any damage to the rights-of-way and comply with all of the requirements of this chapter. In addition to the fees, costs, and penalties described and imposed in this paragraph, the City retains any and all other rights, remedies, and/or causes of action available, either in law or equity, with respect to any provider who constructs without a valid permit.
(p) Restoration of Right-of-Way. The permittee, and/or its subcontractors shall leave rights-of-way where such work is done in as good condition or repair as before such work was commenced and to the reasonable satisfaction of the City. In addition to its own work, the permittee must restore the general area of the work, and the surrounding areas, including trench backfill, paving, and its foundations in accordance with the Code and City regulations. The permittee and/or its subcontractors shall endeavor to complete, in a reasonably timely manner, all repairs and restoration to the right-of-way. If a permittee is unable to complete the restoration of the rights-of-way in a reasonably timely manner, the permittee shall notify the City. All workmanship and materials used by the permittee and/or its subcontractors to repair the streets and roadways shall meet City specifications and be subject to the inspection and approval of the Service Director and shall be warranted for a period of one year from the date of completion for any failure due to workmanship or quality of materials. During this one-year period, the permittee shall, upon notification from the City Service Department, correct all restoration work to the extent necessary using the method(s) required by the City Service Department.
(1) If the permittee fails to restore the rights-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all repairs required by the City, or permittee has previously failed to restore a right-of-way in a satisfactory manner, the City, at its option, may revoke or terminate the permit and may perform such work. In the event that the City performs the repair and/or restoration work due to permittee's failure to do so, the permittee shall post a bond or provide letters of credit in an amount approximately equivalent to the estimated cost of the repair and pay to the City, within thirty days of billing, the balance of the restoration cost of restoring the rights-of-way and any other costs incurred by the City. Upon failure to pay, the City may call upon any bond or letter of credit posted by permittee and/or pursue any and all legal and equitable remedies.
(q) Updating Documentation of Right-of-Way Activity and Facility Updates. right-of-way permit holders shall furnish the City "as built" drawings not later than 120 days after construction of a system, system addition, system replacement or system alteration has been completed. Drawings shall show accurate location and ownership. Drawings shall be drawn to a scale of one inch (1") equals two hundred feet (200') using the standard format adopted by the City. The right-of-way permit holder shall provide one electronic copy, one set of blue or black line "as built" drawings, and one set of 11 x 17 copies to the Service Director.
(r) Underground Operations.
(1) In those areas of the City where telecommunications and electric services are provided by underground facilities, all new facilities of a right-of-way permit holder shall be placed underground to the extent such placement is technically feasible and will not prohibit, or have the effect of prohibiting, provision of the service within the City. In all other areas, the right-of-way permit holder, upon request by the City, shall use its best efforts to place facilities underground. However, the term "facilities" as used in the preceding sentence may not include equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g. splice and terminal pedestals, equipment cabinets and transformers). Where not otherwise required to be placed underground by this chapter, the right-of-way permit holder's system shall be located underground at the request of the adjacent property owner, provided that the placement of such system shall be consistent with the right-of-way permit holder's construction and operating standards and provided that the excess cost over the aerial location shall be borne by the property owner making the request if so requested by the right-of-way permit holder. All cable to be installed under the roadway shall be installed in conduit. Unless otherwise permitted by law, in no circumstance shall a new pole be located in any area of the City where it is not replacing an existing pole without written approval of the Service Director, which approval shall not be unreasonably withheld.
(2) Upon reasonable written notice of and at the direction of the City Service Director, and at the right-of-way permit holder's sole cost, a right-of-way permit holder shall promptly remove or rearrange facilities as necessary, such as for public safety, during any construction, repair or modification of any street, sidewalk, City utility or other public improvement; or as part of the City Service Director's determination that the designated portions of its rights-of-way should accommodate only underground facilities or that facilities should occupy only one side of a street or other right-of-way, unless otherwise required by law; or if an additional or subsequent City or other public use of rights-of-way is inconsistent with the then-current uses of such right-of-way permit holder; or for any other reasonable cause as determined by the City Service Director pursuant to Section 1028.17(b);
(3) A right-of-way permit holder shall register with underground reporting services as set forth in the regulations.
(s) Street Cut Operations.
(1) Specialized work permits are required for cutting and excavating City streets and alleys.
(2) Under no circumstances will open cutting take place on any street, except where:
A. An emergency situation constitutes that an open cut is necessary;
B. Vital services to resident(s) or business(es) are needed or have been cut off and there is no reasonable alternative (such as jacking or boring) in supplying or restoring such service; or
C. The City Service Director determines that it is in the best interests of the City that such an open cut take place.
(t) Other Obligations.
(1) Obtaining a work permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, county, state, or federal laws.
(2) Permittee shall comply with all requirements of all laws, including the Ohio Utility Protection Service as defined in ORC 153.64 and/or 3781.26 or a statutory successor thereto.
(3) Permittee shall perform all work in conformance with all applicable laws, regulations, and standards, and is responsible for all work done in the rights-of-way pursuant to its permit, regardless of who performs the work.
(4) No rights-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work, except in the case of an emergency as outlined in Section 1028.10(b).
(5) Permittee shall not obstruct a right-of-way so as to interfere with the natural free and clear passage of water through the gutters or other waterways. The City Service Director may waive this requirement upon good cause shown.
(6) Private vehicles, other than necessary construction vehicles, may not be parked within or adjacent to a permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by the permit.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)