1080.17   PERMIT TO DO WORK WITHIN RIGHT-OF-WAY.
   (a)   Right-of-Way Construction Permit Requirement.  Except as otherwise provided in the Codified Ordinances, no provider may construct in any rights-of-way without first having obtained a right-of-way construction permit as set forth in this chapter. This requirement shall be in addition to any other requirement set forth in the Codified Ordinances.
      (1)   A right-of-way construction permit allows the permittee to construct in the specified portion of the rights-of-way as described in the right-of-way construction permit while placing facilities described therein, to the extent and for the duration specified therein. The right-of-way construction permit allows the permittee, if necessary, to obstruct travel in the rights-of-way, pursuant to City approved traffic control measures and as may be specified in the permit.
      (2)   Unless otherwise approved in writing by the Director of Public Works, a right-of-way construction permit is valid for six months from date of issuance for the area of rights-of-way specified in the permit.
      (3)   No permittee may construct in the rights-of-way beyond the date or dates specified in the right-of-way construction permit unless such permittee:
         A   Makes a supplementary application for another right-of-way construction permit before the expiration of the initial right-of-way construction permit; and
         B.   Is granted a new right-of-way construction permit or right-of-way construction permit extension.
      (4)   Original right-of-way construction permits issued under this chapter shall, when possible, be conspicuously displayed at all times at the indicated work site and be available for inspection by Inspectors and authorized City personnel. If the original right-of-way construction permit involves work conducted simultaneously at multiple locations, each location shall display a photocopy of the original right-of-way construction permit. If the original right-of-way construction permit is not conspicuously displayed at the indicated work site or the project involves work conducted simultaneously at multiple locations, then upon request, the right-of-way construction permit must be produced within twelve hours or the first earliest business hour, whichever is later. For purposes of this chapter, business hour shall mean the hours between 8:00 a.m. and 5:00 p.m. during a business day.
   (b)   Right-of-Way Construction Permit Applications.  Application for a right-of-way construction permit shall be made to the Director of the Department of Public Works. In addition to any information required by the Director of Public Works, all right-of-way construction permit applications may be required to contain:
      (1)   Credible evidence that the applicant has been issued a certificate of registration (or proof that the applicant has written authority to apply for a right-of-way construction permit on behalf of a party that has a then valid certificate of registration) or credible evidence that the applicant is not required to obtain a certificate of registration due to the nature of the applicant or the construction.
      (2)   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 scaled or proportionate, dated drawings showing the location and area of the proposed project, number and location of street cuts, and the approximate location of all existing and proposed facilities, accompanied by the certification of a registered professional engineer, or other trained technical personnel acceptable to the Director of Public Works, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.
      (3)   A City approved traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the Ohio Manual of Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
      (4)   If applicant is proposing an above ground installation on existing poles within the rights-of-way, the applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:
         A.   The size and height of the existing poles;
         B.   Based on the facilities currently on the existing poles, the excess capacity currently available on such poles before installation of applicant's facilities; and
         C.   Based on the facilities currently on the existing poles, the excess capacity for like or similar facilities that will exist on such poles after installation of applicant's facilities.
      (5)   If the applicant proposes to install new poles within the rights-of-way, the applicant shall provide:
         A.   Credible evidence satisfactory to the City that there is no excess capacity on existing poles or in existing underground systems;
         B.   Credible evidence that it is not financially and/or technically practicable for the applicant to make an underground installation or locate its facilities on existing poles;
         C.   The location, size, height, color, and material of the proposed poles; and
         D.   Credible evidence satisfactory to the City that the applicant will adhere to all the applicable laws concerning the installation of new poles.
      (6)   If applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, the applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:
         A.   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; and
         B.   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.
      (7)   If applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way, the applicant must provide credible information satisfactory to the City to sufficiently detail and identify:
         A.   The location, depth, size, and quantity of proposed new ducts or conduits; and
         B.   The excess capacity for like or similar equipment that will exist in such ducts or conduits after installation of applicant's facilities.
      (8)   A preliminary construction schedule and completion date.
      (9)   Payment of all money due to the City for:
         A.   Permit fees;
         B.   Any loss, damage, or expense suffered by the City as a result of applicant's prior construction in the rights-of-way or any emergency actions taken by the City;
         C.   Any certificate of registration issued to the applicant/person whose facilities are being constructed; and
         D.   Any other money due to the City from the applicant/person whose facilities are being constructed.
      (10)   When a right-of-way construction permit is requested for purposes of installing additional systems or any part of a system, the posting of a construction bond and removal bond, acceptable to the City and subject to Section 1080.20 of this chapter for the additional systems or any part of a system is required.
   (c)   Issuance of Right-of-Way Construction Permit; Conditions.
      (1)   If the Director of Public Works determines that the applicant has satisfied the requirements of this chapter 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 and the requirements of law.
      (2)   The City may impose reasonable conditions upon the issuance of the right- of-way 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 rights-of-way, to protect the property and safety of other users of the rights-of-way, and to minimize the disruption and inconvenience to the traveling public.
   (d)   Right-of-Way Permit Application Fee.  The applicant is subject to a permit application fee set forth in Section 1024.02 .
   (e)   Right-of-Way Construction Permit Fees.  The Director of Public Works shall develop and maintain a schedule of permit fees based on fair and reasonable criteria. The Director of Public Works shall conduct a study of degradation to and reduction in the useful life of the rights-of-way resulting from construction. After such study is completed and after providing notice to providers with a valid certificate of registration, the Director of Public Works may include in the schedule of permit fees an amount sufficient to recover the degradation and reduction in the useful life of the rights-of-way that will result from the construction to take place thereon. “Degradation and the reduction in the useful life” for the purpose of this section means the accelerated depreciation of the rights-of-way caused by construction in or disturbance of the rights-of-way, resulting in the need to reconstruct or repair such rights-of-way earlier than would be required if the construction did not occur. No right-of-way construction permit shall be issued without payment of right-of-way construction permit fees except to the City, County, or RTA which shall be exempt. right-of-way construction permit fees that were paid for a permit that the City has revoked due to breach are not refundable.
   (f)   Joint Applications.  Applicants are encouraged to make joint application for right- of-way construction permits to work in the rights-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 right-of-way construction permit fees.
(Ord. 12-03.  Passed 5-19-03; Ord. 05-17.  Passed 4-17-17.)