a. Unless otherwise exempted by this Subchapter, any party performing any activity within the right-of-way that requires a permit pursuant to this Subchapter shall obtain the applicable permit prior to the performance of such activity and pay any applicable permit fee.
b. A right-of-way work permit for the performance of non-emergency work shall be applied for at least five (5) days before the planned activity. Notwithstanding the foregoing, the City Engineer may waive the time period for good cause shown. The Department must approve, deny or conditionally approve a permit application within five (5) business days of the receipt of the application and in the case of a conditional approval or denial, state in writing the basis for such determination and what conditions must be met by the applicant in order to obtain a permit. Any work performed without proper notification shall constitute work being done without a permit and shall be subject to the levy of fines.
c. A permit issued pursuant to an emergency shall be applied for no later than two (2) business days after the discovery of the emergency.
d. Applications for permits can be obtained from the Department and on the City’s website.
e. A right-of-way permit shall be required for any cut or excavation or work in any City right-of-way. This includes any work that may require any lane closure and/or complete closure on a City-maintained street, alley, sidewalk or multi-use path.
f. A right-of-way permit shall be required prior to the placement of new poles and associated infrastructure, conduit or overhead wires for new utility services.
g. A right-of-way permit shall be required for placement of any dumpster or oversized waste receptacle in City right-of-way.
h. A single permit may be issued for multiple surface cuts or installations; provided, that no such surface cut or installation covered in a single permit shall be more than three hundred (300) feet apart. Notwithstanding the foregoing, the City Engineer may grant a single permit for multiple surface cuts or installations that are more than three hundred (300) feet upon a showing by the permit applicant that such an expansion of activity shall not significantly affect the Department's ability to efficiently administer this Subchapter.
i. Notification of excavation or backfilling. The permittee shall notify the Department at least twenty-four (24) hours in advance, except in the cases of emergency, as to the exact time any cut or excavation or backfilling activities will begin and final repair of any such cut or excavation will commence.
j. Denial or revocation. The City Engineer, in his/her reasonable discretion, may deny or revoke a permit for failure to satisfy the material requirements and conditions of this Subchapter, including, but not limited to, the criteria contained in Subsection 24-4.14, or if the denial is otherwise necessary to protect the health, safety, and welfare of the citizens of the City of Bowling Green. In addition, the City Engineer may issue a permit that is contingent upon the applicant performing certain requirements that shall be specified in the permit.
k. Exceptions. Permits are not required to be obtained pursuant to this Subchapter if the facilities installed are to provide new development with connections to utility service and for which the City is provided performance and warranty surety protection under its land development regulations. However, the party responsible for such facilities is required to comply with all remaining provisions of this Subchapter as well as any other Subchapter that may apply, unless otherwise exempted.
(Ord. BG2020-19, 8/4/2020)