1. Before any permit required by this chapter is issued, an application shall be made to the Building Inspector. A permit application will be accepted only if all of the following conditions have been met and the permit applicant has:
A. If required, registered with the Building Inspector pursuant to Section 141.04 of this chapter.
B. Fulfilled all obligations related to prior permits, including but not limited to the restoration of the right-of-way, and payment to the City of all money due for the following:
(1) Prior obstruction or excavation permits;
(2) Any loss, damage, or expense suffered by the City as a result of the applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City in connection therewith;
(3) Restoration of the right-of-way by the City or the City’s contractor;
(4) System management fees; and
(5) Fines assessed to the applicant pursuant to Section 141.41 of this chapter.
C. Submitted a completed permit application form, which includes (i) all required attachments, and (ii) scaled drawings showing the location and area of the proposed project and the location of all existing and proposed equipment, and which states or identifies the following:
(1) The place, extent, and purpose of the contemplated work including the identity of and location in the right-of-way at which any excavation is to be made.
(2) The time when the work is to be commenced and the time it is to be completed.
(3) For whom and in connection with what abutting property, if any, the work is to be performed.
(4) To what street main, if any, the sewer, water, or gas connection is to be made or to what electric or telephone line, if any, the electric or telephone connection is to be made.
(5) The name of the person or contractor who will do the work, the person who will be in charge thereof, and the public registration number issued by the State Labor Commissioner pursuant to Chapter 91C of the Code of Iowa for all contractors to be involved in the work for which the permit is sought.
(6) If the equipment is to be attached to equipment owned by another entity, the permit application shall be accompanied by written permission to attach the equipment from that entity.
D. Provided as-built maps or GIS mapping data for all equipment which it has placed in the right-of-way in the past. Maps complying with Section 141.07 of this chapter shall be deemed to satisfy this requirement.
E. Corrected deficiencies, if any, in prior restoration work performed by it.
2. Plans and specifications shall be filed with an application for a permit to make an excavation involving the construction or installation of equipment within the right-of-way. Plans and specifications shall be in sufficient detail to identify the exact type of equipment to be constructed or installed in the right-of-way, and the horizontal and vertical location of such equipment within the right-of-way, with respect to right-of-way/property lines and established monuments, which location shall be established on such plans according to available existing records. Detailed plans and specifications shall not be required for individual excavations, such as individual water, sewer, gas, electric, or telephone connections to a building. Unless a regulation approved and issued by the Building Inspector provides otherwise, a simple sketch on the application form provided by the City, including the dimensions of the proposed excavation in reference to permanent landmarks, shall be provided for individual excavations.
3. If an applicant for an excavation permit is not qualified to perform right-of-way restoration work as provided in Section 141.30 of this chapter, the application shall contain a stipulation that the applicant shall immediately notify the Building Inspector upon completion of the work done in connection with the excavation as is required in this chapter and that the applicant shall pay the costs the City incurs in the refilling, replacement of pavement, and restoration and maintenance of the right-of-way by the City work crews or contractor working on behalf of the City, which costs shall be based upon the square footage of the improved street which is disturbed by such excavation, the type or amount of materials required to restore the street surface, and the future maintenance cost for the affected right-of-way due to degradation associated with the excavation thereof. The restoration costs to be paid in each instance shall be determined by the Building Inspector by reference to a restoration cost schedule, which shall be developed and updated as needed prior to each construction season and approved by the City Council by resolution.
4. Applications for excavation permits shall be accompanied by an insurance certificate as required by Section 141.24 of this chapter and by a performance and maintenance bond or other form or security as required by Section 141.29 of this chapter, unless such certificate and bond have been previously filed with the department and are still in effect.
5. Except as otherwise provided in Section 141.37 of this chapter, all applications for a permit under this chapter shall contain a stipulation that the applicant shall indemnify and hold harmless the City from any and all costs, expenses or liability for damages or injuries to persons or property or liability of any kind whatsoever arising from or growing out of any excavation or trench or surface restoration for which the permit is issued pursuant to this chapter.
6. Permits for the construction or installation of equipment in the right-of-way, which is to be owned or operated by a franchised or licensed utility, shall be issued in the name of the franchisee or licensee. Permits for the construction or installation of equipment in the right-of-way, which is to be owned by the City waterworks, may be issued either in the name of the waterworks or in the name of its contractor. Permits for the construction or installation of equipment in the right-of-way, which is to be owned by a City utility or enterprise, may be issued either in the name of the municipal utility or enterprise or in the name of its contractor. Permits for the construction or installation of equipment in the right-of-way, which is to be owned or operated by an abutting property owner, may in the Building Inspector’s discretion, be issued either in the name of the abutting property owner or the abutting property owner’s contractor. Permits for construction in the right-of-way of underground sewer, water, gas, electric, or telephone connections to an abutting property shall be issued in the name of the abutting property owner’s contractor.