(A) Construction permit requirement. Except as otherwise provided in the code, no person may construct in any right-of-way without first having obtained a construction permit as set forth below. This requirement shall be in addition to any requirement set forth in Chapter 97 of the Code.
(1) A construction permit allows the permittee to construct in that part of the right-of-way described in such construction permit and to obstruct travel over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.
(2) A construction permit is valid only for the dates and the area of rights-of-way specified in the construction permit.
(3) No permittee may construct in the right-of-way beyond the date or dates specified in the construction permit unless such permittee:
(a) Submits a supplementary application for another construction permit before the expiration of the initial construction permit; and
(b) Is granted a new construction permit or construction permit extension.
(4) Original construction permits issued pursuant to this § 97.10 shall, when possible, be conspicuously displayed at all times at the indicated work site and shall be available for inspection by Inspectors and authorized village personnel. If the original construction permit involves work conducted simultaneously at multiple locations, each location shall display a photocopy of the original construction permit. If the original construction permit is not conspicuously displayed at the indicated work site, then upon request, the original construction 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 3:30 p.m. during a business day.
(B) Construction permit applications.
(1) Application for a construction permit shall be made to the Village Administrator.
(2) All 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 construction permit on behalf of a party that has been issued a right-of-way occupancy permit;
(b) Submission of a completed construction permit application in the form required by the Village Administrator, including, but not limited to, all required attachments and dated drawings showing the location and area of the proposed project, number and location of street cuts, and the location of all then known existing and proposed facilities of the applicant or permittee within the proposed project area. 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 Village Administrator. The mapping data is only required to be at the "Atlas" level of detail necessary for the village to reasonably determine the location of the permittee's facilities in the right-of-way. The village reserves the right, in circumstances that the Village Administrator 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 village 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 Village Administrator, evidence that there is no surplus space and evidence that the applicant has received an appropriate permit and is adhering to the village'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 village to sufficiently detail and identify:
1. The size and height of the existing poles;
2. Based on the facilities currently on the existing poles and, if specifically requested by the Village Administrator, the excess capacity the village currently has available on such poles before installation of applicant's facilities; and
3. Based on the facilities currently on the existing poles and if specifically requested by the Village Administrator, the excess capacity the village has 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:
1. Credible evidence, if specifically requested by the Village Administrator, satisfactory to the village that there is no excess capacity of the village on existing poles or in existing underground systems;
2. Credible evidence to the village 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; and
4. Credible evidence satisfactory to the village that the applicant will adhere to all the applicable laws concerning the installation of new poles.
(g) If applicant is proposing an underground installation in existing ducts or conduits within the right-of-way, the applicant shall provide credible information satisfactory to the village to sufficiently detail and identify:
1. Based on the existing facilities, the excess capacity village has for like or similar facilities currently available in such ducts or conduits before installation of applicant's facilities; and
2. Based on existing facilities, the excess capacity village for like or similar facilities that will exist in such ducts or conduits after installation of applicant's facilities.
(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 village to sufficiently detail and identify:
1. The location, depth, size, and quantity of proposed new ducts or conduits; and
2. The excess capacity the village has 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 village for:
1. Permit fees;
2. Any loss, damage, or expense suffered by the village as a result of applicant's prior construction in the right-of-way or any emergency actions taken by the village;
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 village 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 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 village and subject to Chapter 97, for the additional facilities or any part of a facility is required.
(m) Upon request, the Village Administrator may modify or waive the information requirements if they are not necessary in evaluating the construction permit application. The Village Administrator may request applicable and pertinent additional information if it is necessary in evaluating the construction permit application.
(C) Issuance of permit; conditions. If the Village determines that the applicant has satisfied the requirements of Chapter 97 and the construction permit process, the Director of Public Works shall issue a construction permit subject to the provisions of this § 97.10(C)(2). The village 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) Construction permit fees.
(1) The village shall annually calculate construction permit fees and appropriately revise any prior year's construction permit fees based upon the formula and calculations described in this § 97.15(D). Construction permit fees shall remain in effect until the village's next annual modification of the construction permit fees.
(2) The village, on or about January 1st of each year, shall calculate all the actual and incurred construction permit issuance, inspection, oversight, enforcement and regulation costs for the previous calendar year including the value of the degradation and reduction in the useful life of the right-of-way that will result from construction that takes place therein. "degradation and the reduction in the useful life" for the purpose of this section means the accelerated depreciation of the right-of-way caused by construction in or disturbance of the right-of-way, resulting in the need to reconstruct or repair such right-of-way earlier than would be required if the construction did not occur.
(3) The village, on or about January 1st of each year; shall total all the construction permit fee receipts received in accordance with the scheduled fees required by the prior year's construction permit fees for the previous calendar year.
(5) The village shall multiply the then currently codified construction permit fees by the numerical factor as referenced in § 97.15(D)(4) herein, to calculate revised permit fees for the new calendar year.
(6) The village shall act, on or about January 31st of each year, in accordance with the results of § 97.15(D)(5), to codify new annual permit fees by separate legislation enacted by Council by appropriately increasing or decreasing the previous year’s permit fees. Revised permit fees shall be effective upon passage. Any permit requests pending on the date of any annual permit fee modification shall be subject to all new permit fees as modified.
(7) Except as provided in subsection § 97.15(D)(8) herein, no construction permit shall be issued without payment of construction permit fees except to the village (exclusive of its enterprise fund agencies which shall be required to obtain construction permits) which shall be exempt. Construction permit fees that were paid for a permit that the village has revoked due to breach and in accordance with the terms of §§ 97.10 or 97.13(E) are not refundable.
(8) The Finance Director may permit a permittee to make quarterly payments of construction permit fees based upon the permittee’s financial condition and past payment history. The quarterly payment shall be due and payable within 30 days after the end of the quarter. The Finance Director may revoke this permission due to a change in financial condition, late payment, or other just cause.
(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.
(Ord. 32-2018, passed 7-2-2018)