Unless otherwise exempted by this subchapter, any party performing an activity within the right-of-way that requires a permit pursuant to this subchapter must obtain the applicable permit prior to the performance of such activity and pay any applicable permit fee.
(A) (1) Each time a registrant is performing any of the activities listed below, it shall provide written notification to the city. Text messages shall not be considered written notice. Any work performed without proper written notification shall constitute work being done without a permit and subject to the levy of fines. Activities requiring written notification to the city are:
(a) Installation or replacement of wiring on existing towers, support structures, or poles when the work (i) necessitates presence in the right-of-way for more than one (1) day, or (ii) involves more than one thousand (1,000) line feet of cable or wire;
(b) Replacement of existing towers, support structures, or poles when the work (i) necessitates presence in the right-of-way for more than two (2) days, or (ii) involves more than one thousand (1,000) line feet of cable or wire;
(c) Excavations of existing facilities from ten (10) to twenty-five (25) square feet with no street or sidewalk cuts;
(d) Installation of new underground lines in trenches of less than two hundred fifty (250) linear feet with a width of six (6) inches or less and with no street, curb, apron, or sidewalk cuts;
(e) Installation of new underground lines in trenches of fifty (50) linear feet or less with a width of twenty-four (24) inches or less and with no street, curb, apron, or sidewalk cuts;
(f) An underground boring larger than three (3) inches in diameter; or
(g) Any underground boring located under a paved street.
(2) The notification shall consist of, at a minimum, the name of the registrant, a general description of the location (by address(es) or street(s)), and the nature or type of the activity performed (e.g., installation of wiring, boring, tower/support structure/pole replacement, and the like). Said notification may be provided in writing via e-mail to the City Administrator or his or her designee. Notwithstanding the above, permits shall not be required for inspections, CCTV inspections, or clearing debris from facilities.
(B) An installation permit or a surface-cut permit for the performance of non-emergency work shall be applied for at least ten (10) days prior to such planned activity. Notwithstanding the foregoing, the City Administrator may waive said time period for good cause shown. The City Administrator must approve, deny, or conditionally approve a permit application within five (5) business days of the receipt of the application and in the case of a conditional approval or denial, state in writing the basis for such determination and what conditions must be met by the applicant to obtain a permit. The failure of the City Administrator to respond to an installation permit within five (5) business days shall constitute approval of the permit. Any work performed without proper notification shall constitute work being done without a permit and subject to the levy of fines.
(C) A permit issued pursuant to an emergency shall be applied for no later than five (5) business days after the discovery of the emergency.
(D) All applications for permits shall contain the following information:
(1) The identity and legal status of the applicant (the party to whom the permit is issued).
(2) The name, address, and telephone number of the officer, agent or employee requesting the permit.
(3) A description of all activities covered by the permit, and in the case of an installation permit or a surface-cut permit, the locations and estimated dates and times of commencement and completion thereof.
(4) The number of all surface cuts covered by the surface-cut permit, and the number of square feet of right-of-way surface to be removed; or the number of linear feet included in the installation.
(E) A single permit may be issued for multiple surface cuts or installations, provided that no such surface cut or installation covered in a single permit shall be more than three hundred (300) feet apart. Notwithstanding the foregoing, the City Administrator may grant a single permit for multiple surface cuts or installations that are more than three hundred (300) feet upon a showing by the permit applicant that such an expansion of activity shall not significantly affect the City Administrator’s ability to efficiently administer this subchapter.
(F) Notification of inspections. If the City Administrator knows at the time of the issuance of the permit that it shall require an inspection(s), it will notify the permittee that such an inspection(s) is required.
(G) Denial or revocation. The City Administrator, in his or her reasonable discretion, may deny or revoke a permit for failure to satisfy the material requirements and conditions of this subchapter, including but not limited to the criteria contained in § 96.68 or if the denial is otherwise necessary to protect the health, safety, and welfare of the citizens of the city. In addition, the City Administrator may issue a permit that is contingent upon the applicant performing certain requirements that shall be specified in the permit.
(H) Exceptions.
(1) Permits are not required to be obtained pursuant to this subchapter if the facilities involved are of the following nature:
(a) Newspaper stands;
(b) Signage;
(c) Facilities associated with sidewalk cafes or the sale of goods or merchandise; and
(d) Facilities owned by the city.
(2) However, the party responsible for such facilities is required to comply with all remaining provisions of this subchapter as well as any other ordinance that may apply, unless otherwise exempted.
(Ord. 2022-27, passed 12-6-22)