(a) Construction Permit.
(1) No Construction Permit is required for Routine Maintenance and New Service Orders that do not include Excavation in a Public Street.
(2) No Person shall commence or continue with the Construction, Reconstruction, installation, maintenance or repair of Facilities or Excavation in the Public Right-of-Way without obtaining a Construction Permit from the Village as provided in this Section 941.07, including but not limited to the following circumstances:
A. The Construction of a new System;
B. The extension of a Service Provider’s System in the Public Right- of-Way in an area of the Village not currently serviced by that Service Provider. This does not include New Service Order unless a Public Street will be Excavated;
C. The relocation or replacement of more than two hundred (200) lineal feet of a Service Provider’s existing System or Facilities in the Public Right-of-Way;
D. Any Reconstruction or replacement of Facilities requiring more than one (1) working day to complete work in the Public Right- of-Way;
E. Any Construction, Reconstruction, installation, maintenance, repair or New Service Orders in the Public Right-of-Way requiring more than one (1) working day to complete; or
F. Any Construction, Reconstruction, installation, maintenance, repair or New Service Orders requiring the Excavation of a Public Street.
(3) No Construction Permit shall be issued for the Construction, Reconstruction, installation, maintenance or repair of Facilities, or Excavation in the Public Right-of-Way unless the Service Provider has obtained consent from, and filed a current registration statement with, the Village pursuant to Section 941.02 and Section 941.03, respectively, of this Chapter.
(4) The Village Clerk may waive or modify the construction permit requirements for Service Providers with Underground Facilities whose routine maintenance of Facilities requires Excavation.
(b) Construction Permit Applications. Applications for permits to Construct, Reconstruct or install Facilities, or Excavation, shall be submitted upon forms provided by the Village, provide the following information, if applicable, and be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) A preliminary construction schedule.
(2) That the Facilities will be Constructed, Reconstructed, installed, maintained or repaired, or the Public Right-of-Way Excavated, in accordance with all applicable codes, rules and regulations.
(3) If the applicant is proposing to Construct, Reconstruct, install, maintain, repair or locate Facilities above ground:
A. Evidence that Surplus Space is available for locating its Facilities on existing utility poles along the proposed route;
B. The location and route of all Facilities to be located or installed on existing utility poles.
(4) If the applicant is proposing an underground installation of new Facilities in existing ducts, pipes or conduits in the Public Right-of-Way, information in sufficient detail to identify.
A. The Excess Capacity currently available in such ducts or conduits before the installation of the applicant’s Facilities.
B. The Excess Capacity, if any, that will exist in such ducts or conduits after installation of the applicant’s Facilities.
(5) If the applicant is proposing an underground installation of new Facilities in new ducts or conduits to be Constructed in the Public Right-of-Way:
A. The location and depth proposed for the new ducts or conduits; and
B. The Excess Capacity that will exist in such ducts or conduits after installation of the applicant’s Facilities.
(6) The location and route of all Facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are in the Public Right-of-Way. Included with the installation shall be magnetic and florescent tape placed at a minimum of one foot to a maximum of two (2) feet above the entire Facility as installed for the purpose of locating the Facility during future Construction activities or other such location device as approved by the Village Clerk. The tape shall be marked with the type of Facility installed as approved by the Village.
(7) The location of all known existing underground utilities, conduits, ducts, pipes, mains and installations that are in the Public Right-of-Way along the underground route proposed by the applicant.
(8) The location(s), if any, for interconnection with the Facilities of other Service Providers.
(9) The construction methods to be employed for protection of existing structures, fixtures and Facilities in or adjacent to the Public Right-of- Way.
(10) The structures, improvements, Facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(11) The impact of Construction, Reconstruction, installation, maintenance or repair of Facilities on trees in or adjacent to the Public Right-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 disturbed during Construction.
(12) Information to establish that the applicant has obtained all other governmental approvals and permits to Construct and operate the Facilities and to offer or provide the Services.
(c) Construction Codes. Facilities shall be Constructed, Reconstructed, installed, repaired, operated, Excavated and maintained in accordance with all applicable federal, State and local codes, rules, regulations and technical codes including, but not limited to, the National Electrical Safety Code.
(d) Traffic Control Plan. All Permit applications which involve a Lane Obstruction or work on, in, under, across or along any Public Right-of-Way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the ODOT’s Uniform Manual of Traffic Control Devices and other applicable ODOT regulations, to prevent injury or damage to Persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The Village Clerk may require the Service Provider to use and employ the Village Police Force for Traffic Control.
(e) Issuance of Permit. Within ten (10) business days after submission of all plans and documentation required of the applicant, the Village Clerk, if satisfied that the applications, plans and documents comply with all requirements of this Chapter, shall issue a Construction Permit authorizing the Construction, Reconstruction, installation, maintenance or repair of the Facilities, or Excavation in the Public Right-of-Way, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the Village Clerk may deem necessary or appropriate. Such ten (10) business day period shall begin after all submissions are deemed by the Village Clerk to be in accordance with the requirements of, including information submitted in the form required by, this Chapter.
(f) Coordination of Construction Activities. All Service Providers are required to cooperate with the Village, including its Service and Safety forces, and with each other. All Construction, Reconstruction, installation, Excavation, activities and schedules shall be coordinated, as ordered by the Village Clerk, to minimize public inconvenience, disruption or damages.
(g) Modification of Construction Schedule. The Service Provider may modify the construction schedule at any time provided that forty-eight (48) hours advance notice is given to the Village Clerk. The Service Provider shall further notify the Village Clerk and the Ohio Utility Protection Service (OUPS) not less than forty-eight (48) hours in advance of an Excavation or work in the Public Right-of-Way.
(h) Least Disruptive Technology. To the extent reasonably possible, all Facilities shall be Constructed, Reconstructed, installed, maintained or repaired in the manner resulting in the least amount of damage and disruption of the Public Right-of-Way. Unless otherwise authorized by the Village Clerk for good cause, Service Providers Constructing, Reconstructing, installing, maintaining or repairing Underground Facilities shall utilize Trenchless Technology, including, but not limited to, horizontal drilling, directional boring, and microtunneling, if technically and/or technologically feasible.
(i) Compliance with Permit. All Construction practices and activities shall be in accordance with the Construction Permit and approved final plans and specifications for the Facilities. The Village Clerk shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. Field changes may be approved by the Village Clerk if such changes are determined to be necessary due to site conditions or other changed circumstances.
(j) Display of Permit. The Service Provider shall maintain a copy of the Construction Permit and approved plans at the construction site, which shall be displayed and made available for inspection by the Village Clerk if such changes are determined to be necessary due to site conditions or other changed circumstances.
(k) Joint Applications. Any Service Provider planning a Capital Improvement may submit a joint application for (1) Consent to Occupy or Use the Public Right-of-Way pursuant to Section 941.02 and (2) a Construction Permit. The Village is not required to take action on the Construction Permit until ten (10) days after granting consent to Occupy or Use the Public Right-of-Way.
(l) Noncomplying Work. Upon order of the Village Clerk, all work that does not comply with the Permit, the approved plans and specifications for the work, or the requirements of this Chapter, shall immediately cease and shall be immediately removed and/or corrected by the Service Provider.
(m) Record Drawings. Within sixty (60) days after completion of Construction, the Service Provider shall furnish the Village with two (2) complete sets of plans, drawn to scale and certified to the Village as accurately depicting the location of all Facilities Constructed pursuant to the Permit. At such time, the Service Provider shall submit the Record Drawings in a digital format compatible with the Village’s current computer software.
(n) Restoration of Improvements. Upon completion of any Construction work, the Service Provider shall promptly repair any and all Public Right-of-Way and provide property improvements, fixtures, structures and Facilities which were damaged during the course of Construction, restoring the same as nearly as practicable to its condition before the start of Construction.
(o) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the Construction, Reconstruction, installation, maintenance, repair or replacement of Facilities must be placed or restored as nearly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with Overhead Facilities.
(2) All restoration work within the Public Right-of-Way shall be done in accordance with landscape plans approved by the Village Clerk.
(p) Construction and Completion Bond. Prior to issuance of a Construction Permit the Service Provider shall provide the Village with a Construction Bond written by a corporate surety acceptable to the Village equal to at least one hundred percent (100%) of the estimated cost of Constructing, Reconstructing, installing or repairing the Service Provider’s Facilities or Excavation in the Public Right-of-Way of the Village, or such lesser amount as the Village Clerk may determine to adequately protect the Village’s interest. The Construction Bond shall be deposited with the Village prior to commencing Construction.
(1) The Construction Bond shall remain in force until eighteen (18) months after substantial completion of the work, as determined by the Village Clerk, including restoration of Public Right-of-Way and other property affected by the Construction.
(2) The Construction Bond shall guarantee, to the satisfaction of the Village:
A. Timely completion of Construction;
B. Construction in compliance with applicable plans, permits, technical codes and standards;
C. Proper location of the Facilities as specified by the Village;
D. Restoration of the Public Right-of-Way and other property affected by the Construction;
E. the submission of Record Drawings, in both written and digital format, after completion of the work as required by this Chapter; and
F. timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(3) In lieu of filing a Construction Bond with the Village for each Construction Permit, a Service Provider with the approval of the Village Clerk may file an Annual Construction Bond (or Annual Bond) in the form described above in an amount that the Village Clerk may determine will adequately protect the Village’s interests as described above.
(q) Responsibility of Owner. The owner of the Facilities to be Constructed, Reconstructed, installed, located, operated, maintained or repaired and, if different, the Service Provider, are responsible for performance of and compliance with all provisions of this Section.
(r) Recovery of Costs. The Village Clerk may recover the Village’s costs related to issuance and enforcement of any construction permits issued under this Section 941.07 in the manner prescribed in Section 941.08. This provision shall supersede any other provisions in the Village’s codes or regulations relating to construction fees or construction permit fees for Services Providers’ facilities within the Village’s rights-of-way.
(Ord. 3364. Passed 5-16-07.)