(A) Right-of-way construction permit requirement. Except as otherwise provided in the code, no person may construct in any right-of-way without first having obtained a right-of-way construction permit as set forth below. This requirement shall be in addition to any requirement set forth in Chapter 98 of the code.
(1) A right-of-way construction permit allows the permittee to construct in that part of the right-of-way described in such right-of-way construction permit.
(2) A right-of-way construction permit is valid only for the dates and the area of rights-of-way specified in the permit. If an extension is needed permittee shall submit a request to the Municipal Administrator, or designee, before the expiration of the initial permit.
(3) Original right-of-way construction permits issued pursuant to this chapter shall, when possible, be conspicuously displayed at all times at the indicated work site and shall be available for inspection by inspectors and authorized city personnel. If the original permit involves work conducted simultaneously at multiple locations, each location shall display a photocopy of the original permit. If the original permit is not conspicuously displayed at the indicated work site, then upon request, the original permit must be produced within 12 hours or the first earliest business hour, whichever is later. For purposes of this section, business hour shall mean the hours between 8:00 a.m. and 4:00 p.m. during a business day.
(B) Right-of-way construction permit applications.
(1) Application for a right-of-way construction permit shall be made to the Director of Public Works.
(2) All right-of-way construction permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
(a) Credible evidence that the applicant (where required) has been issued a right-of-way occupancy permit or proof that the applicant has written authority to apply for a permit on behalf of a party that has been issued a right-of-way occupancy permit;
(b) Submission of a completed right-of-way construction permit application in the form required by the Director of Public Works, including, but not limited to, all required attachments and dated drawings showing the location and area of the proposed project, number, location of street cuts, the location of all then known existing and proposed facilities of the applicant or permittee within the proposed project area and the rights-of-way restoration plan and method(s). All drawings, plans and specifications submitted with the application shall comply with applicable technical codes, rules and regulations and be certified as to being in such compliance by trained technical personnel acceptable to the Director of Public Works. The mapping data - engineering accuracy at a scale of 1":20' and shall include a plan and profile sheet depicting existing utilities. The city reserves the right, in circumstances that the Director of Public Works considers unique, complex or unusual, to request that certain submitted drawings, plans and specifications be accompanied by the certification of a registered licensed professional engineer;
(c) A city approved traffic-control plan demonstrating the protective measures and devices that will be employed, consistent with the OMUTCD, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic;
(d) If the applicant wants to install new facilities, if specifically requested by the Director of Public Works, evidence that there is no surplus space and evidence that the applicant has received an appropriate permit and is adhering to the city’s rules and regulations; and
(e) If applicant is proposing an above ground installation on existing poles within the right-of-way, the applicant shall provide credible information satisfactory to the city to sufficiently detail and identify:
1. The size and height of the existing poles;
2. The excess capacity currently available on such poles before installation of applicant’s facilities; and
3. The excess capacity for like or similar facilities that will exist on such poles after installation of applicant’s facilities.
(f) If the applicant proposes to install new poles within the right-of-way, the applicant shall provide information and details including:
1. That there is no excess capacity on existing poles or in existing underground systems;
2. Credible evidence to the city that it is not financially and/or technically practicable for the applicant to make an underground installation or locate its facilities on existing poles;
3. The location, size, height, color, and material of the proposed poles along with guys, risers, or other equipment and alterations associated with the work;
4. New poles shall be of similar make, color, style, and height as existing poles in the area or as determined by the city; and
5. Credible evidence satisfactory to the city that the applicant will adhere to all the applicable laws concerning the installation of the work.
(g) If applicant is proposing or required an underground installation in existing ducts or conduits owned within the right-of-way, the applicant shall provide credible information satisfactory to the city to sufficiently detail and identify that said installation is not over or under existing city or municipal utility owned utilities as well as the following:
1. Based on the existing facilities, the excess capacity for like or similar facilities currently available in such ducts or conduits before installation of applicant’s facilities;
2. Based on existing facilities, the excess capacity for like or similar facilities that will exist in such ducts or conduits after installation of applicant’s facilities; and
3. Any crossings or conflicts with existing infrastructure or utilities above or below ground.
(h) If applicant is proposing an underground installation within new ducts or conduits to be constructed within the right-of-way, the applicant must provide credible information satisfactory to the city to sufficiently detail and identify:
1. The location, depth, size, and quantity of proposed new ducts or conduits; and
2. The excess capacity for like or similar equipment that will exist in such ducts or conduits after installation of applicant’s facilities.
(i) A preliminary construction schedule and completion date; and
(j) Payment of all money due to the city for:
1. Permit fees;
2. Any loss, damage, or expense suffered by the city as a result of applicant’s prior construction in the right-of-way or any emergency actions taken by the city;
3. Any right-of-way occupancy permit issued to the applicant/person whose facilities are being constructed; and
4. Any other money due to the city from the applicant/person whose facilities are being constructed.
(k) In addition to the above requirements, applicant must comply with all applicable construction guidelines.
(l) When a right-of-way construction permit is requested for purposes of installing additional facilities or any part of a facility, the posting of a construction bond and removal bond, acceptable to the city and subject to Chapter 98, for the additional facilities or any part of a facility is required.
(m) Upon request, the Director of Public Works may modify or waive the information requirements if they are not necessary in evaluating the right-of-way construction permit application. The Director of Public Works may request applicable and pertinent additional information if it is necessary in evaluating the permit application.
(C) Issuance of permit; conditions. If the city determines that the applicant has satisfied the requirements of Chapter 98 and the right-of-way construction permit process, the Director of Public Works shall issue a right-of-way construction permit subject to the provisions of this chapter. The city may impose reasonable conditions upon the issuance of the construction permit and the performance of the permittee thereunder in order to protect the public health, safety and welfare, to insure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public.
(D) Right-of-way construction permit fees.
(1) The city shall annually calculate construction permit fees and appropriately revise any prior year’s construction permit fees. Construction permit fees shall remain in effect until the city’s next annual modification of the construction permit fees.
(2) On or about January 1 of each year, the Director of Public Works shall calculate and set the permit fee which shall be established within § 35.70.
(E) Joint applications. Applicants are encouraged to submit joint applications for construction permits to work in the right-of-way at the same place and time. Joint applicants shall have the ability to divide amongst themselves, in proportions the parties find appropriate, any applicable construction permit fees.
(F) The city and municipal utilities are not required to submit a right-of-way construction permit nor any fees referenced throughout this chapter.
(Ord. 8710, passed 9-17-2018)