No person shall commence or continue with the construction, installation, maintenance, demolition or operation of facilities or other infrastructure improvements within the right-of-way in the City except as provided by the ordinances of the City. All construction activity in the City right-of-way shall be in accordance with this chapter.
(a) Public Right-of-Way Permits.
(1) No person or entity shall perform any construction, demolition, maintenance or installation of Facilities, whether above-ground or underground, in the right-of-way without first obtaining a Public Right-of- Way Permit, except as provided herein. The permit shall be in the name of the person who owns or will own the Facilities to be constructed, maintained, repaired, or upgraded. The permit must be completed and signed by a representative of the owner of the facilities to be constructed.
(2) Emergency responses related to existing Facilities may be undertaken without first obtaining a permit; however the City shall be notified in writing, on a form approved by the City Safety-Service Director, within twenty-four (24) hours of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and updated plans of any Facilities that were moved or repaired.
(3) The phrase "construction, maintenance or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking or cutting of pavement; the closure of a nonresidential traffic lane; or excavation within the right-of-way or boring.
(4) This chapter shall also apply to all request to replace or otherwise alter any sidewalk, curb or driveway apron located within the city right-of-way.
(b) The permit shall state to whom it is issued, location of work, location of Facilities, dates and times of work is to take place and any other conditions set out by the City.
(c) The contents of the Applicant requesting a public right-of-way permit shall include the following:
(1) The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work.
(2) The proposed, approximate location and route of all Facilities to be constructed or installed and the Applicant's plan for right-of- way construction.
(3) The construction and installation methods and materials to be employed for the protection of existing structures, fixtures, and Facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the City.
(4) Three (3) sets of engineering plans at a scale not to exceed one inch (1 ") equals one hundred feet (100') unless otherwise approved by the City.
(5) Details of the location of all right-of-way and utility easements that the Applicant plans to use.
(6) Details of all existing City utilities in relationship to Applicant's proposed route.
(7) Details of what Applicant proposes to install, such as pipe size, number of interducts, valves, etc.
(8) Details of plans to remove and replace asphalt or concrete in streets, driveways, alleys and sidewalks.
(9) Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth.
(10) Complete legend of drawings submitted by Applicant. Applicant may submit a standard legend for all permit applications, provided the Applicant submits updated or revised versions of the standard details.
(11) Proof of satisfying the insurance and indemnification requirements as provided for in this chapter.
(12) A traffic control plan.
(d) All construction and installation in the right-of-way shall be in accordance with the permit for the Facilities. The City shall be provided access to the work and to such further information as is reasonably required to ensure compliance with the permit.
(e) A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the City at all times when construction or installation work is occurring.
(f) All construction or installation work authorized by the permit must be completed in the time specified in the public right-of-way permit. If the work cannot be completed in the specified time periods, the Applicant may request an extension from the City.
(g) A copy of any permit or approval issued by federal or state authorities for work in state rights-of-way located in the City shall be maintained at the construction site and made available for inspection by the City at all times when construction or installation work is occurring.
(h) A request for a permit, complete with all information required under this section, must be submitted at least five (5) working days before the commencement of work proposed in the request, unless waived by the City.
(i) The City may require a pre-construction meeting with the right-of-way Applicant and the Applicant's construction contractor.
(j) Requests for permits will be approved or disapproved by the City promptly after receiving a completed application and any requests for additional information.
(k) Fees for public right-of-way permits and associated review and inspections shall be in the amounts as set forth in a fee scheduled adopted by City Council.
(l) Permits are not transferable to another Applicant or another location.
(Ord. 09-19. Passed 9-14-09.)