(a) General. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the municipality except as provided in this chapter.
(b) Construction codes. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Safety Code.
(c) Construction permits. No person shall construct or install any telecommunications facilities within the municipality without first obtaining a construction permit therefor, provided, however:
(1) No permit shall be issued for the construction or installation of telecommunications facilities within the municipality unless the telecommunications carrier has filed a registration statement with the municipality pursuant to § 872.03 of this chapter;
(3) No permit shall be issued for the construction or installation of telecommunications facilities without payment of the construction permit fee established in § 872.13(f) of this chapter.
(d) Applications. Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the municipality and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) The facilities will be constructed in accordance with all applicable codes, rules and regulations;
(2) The location and route of all facilities to be installed on existing utility poles;
(3) 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 within the public ways;
(4) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground, route proposed by the applicant;
(5) The location of all other facilities to be constructed within the municipality, but not within the public ways;
(6) The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways; and
(7) The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
(e) Engineer’s certification. All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.
(f) Traffic control plan. All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(g) Issuance of permit. Within 45 days after submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the Municipal Engineer, if satisfied that the applications, plans and documents comply with all requirements of this chapter, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate.
(h) Construction schedule. The permitee shall submit a written construction schedule to the Municipal Engineer ten working days before commencing any work in or about the public ways. The permittee shall further notify the Municipal Engineer not less than two working days in advance of any excavation or work in the public ways.
(i) Compliance with permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Municipal Engineer and his or her representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
(j) Display of permit. The permitee 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 Municipal Engineer or his or her representatives at all times when construction work is occurring.
(k) Survey of underground facilities. If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a registered Ohio land surveyor. The permittee shall relocate any facilities which are not located in compliance with permit requirements.
(l) Noncomplying work. Upon order of the Municipal Engineer, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed.
(m) Completion of construction. The permitee shall promptly complete all construction activities so as to minimize disruption of municipal ways and other public and private property. All construction work authorized by a permit within municipal ways, including restoration, must be completed within 120 days of the date of issuance.
(n) As-built drawings. Within 60 days after completion of construction the permittee shall furnish the municipality with two complete sets of plans, drawn to scale and certified to the municipality as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit.
(o) Restoration of improvements. Upon completion of any construction work, the permittee shall promptly repair any and all public property and provide property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
(p) Landscape restoration
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a franchise, license, permit replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
(2) All restoration work within the public ways shall be done in accordance with landscape plans approved by the Municipal Manager.
(q) Construction surety. Prior to issuance of a construction permit, the permittee shall provide a performance bond, as provided in § 872.14(t) of this chapter.
(r) Exceptions. Unless otherwise provided in a license or franchise agreement, all telecommunications carriers are subject to the requirements of this section.
(s) Responsibility of owner. The owner of the facilities to be constructed and, if different, the license or franchise grantee, are responsible for performance of and compliance with all provisions of this section.
(Ord. 00-O-1838, passed 10-3-2000)