(A) Permit required.
(1) Except as otherwise provided in this chapter, no person may construct in any right-of-way without first having obtained a permit as provided herein.
(2) A construction permit allows the holder to construct in that part of the right-of-way described in the permit and to hinder free and open passage in the specified portion of the right-of-way by placing facilities as described therein, to the extent and for the duration specified therein.
(B) Permit requirements.
(1) No permit shall be issued unless the following information has been provided to the district:
(a) Evidence that the applicant is a registrant or is authorized to apply for a permit on behalf of the registrant;
(b) If the applicant is proposing underground installation with new ducts or conduits to be constructed in the right-of-way:
1. The location, depth, size and quantity of proposed new ducts or conduits;
2. The excess capacity that will exist in such ducts or conduits after installation of the applicants’ facilities; and
3. Drawings showing the location and the area of the proposed project along with the location of all existing and proposed facilities and underground facilities.
(c) A construction schedule and completion date; and
(d) Payment of all money due to the district for:
1. Prior construction permits issued to the applicant;
2. Any loss, damage or expense suffered by the district by applicant’s prior construction in the right-of-way or any emergency actions taken by the district; and
3. Any franchise or license issued to the registrant whose facilities are being constructed.
(2) No permits for service drops or minor maintenance work of short duration or limited scope shall be required unless street locations or service drops or minor maintenance work are transmitted or called into the district, noting if hard surface removal or street crossings are involved.
(C) Issuance of permit; conditions.
(1) Prior to the issuance of any permit, excluding permits for service drops or minor maintenance work of short duration or limited scope, the applicant, upon request by the district, shall conduct, at its expense, a subsurface utility study on the proposed route of a construction or an extension. The study may include the following tasks to be determined in the sole discretion of the district:
(a) Secure all available as-built plans, plats and all location data indicating the existence and approximate location of all underground facilities around the proposed construction route;
(b) Visibly survey and record the location and dimensions of any above ground features of all underground facilities along the proposed construction route, including, but not limited to, manholes, mailboxes, utility boxes, posts and visible street cut repairs; and
(c) Plot and incorporate the data obtained from the completion of the tasks described herein on the permittee’s proposed system route maps and plan sheets. The permittee shall provide the district with this information.
(2) A permittee shall belong to the one call line location systems.
(3) The district may impose reasonable conditions upon the issuance of the permit to protect the public health, safety and welfare, to ensure the instructional 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. Protective measures and devices will be employed which are consistent with the uniform mutual traffic-control devices.
(4) The requirements of this chapter shall apply to new construction only if the construction is located outside the area designated by the district’s design standards.
(D) Permit fees.
(1) The district may require prior payment of permit fees, as to be determined from time to time by resolution of the Board.
(2) Permit fees paid for a permit that has been revoked are not refundable.
(3) Any costs of inspection of facilities installed by any permittee or any other costs incurred by the district as a result of permittee’s activities in the right-of-way shall be reimbursed by said permittee to the district. Said costs shall be paid within 30 days of the invoice date and shall not include staff time of district employees.
(E) Joint applications. Applicants who make joint applications for construction permits, for which construction is not performed by the district, may share in the payment of the permit fee.
(Prior Code, § 5-27)