(a) Right-of-Way Construction Permit Required. Any person, including a service provider, shall obtain a right-of-way construction permit from the village administrator prior to performing the following work in the right-of-way that is not for residential right-of-way purposes:
(1) Construction of new facilities, including facilities that will provide a new service, or the extension of existing facilities to provide service in an area of the village not currently serviced by that service provider.
(2) A Capital Improvement of existing facilities.
(3) Any planned construction in the Right-of-way that requires more than five (5) working days to complete.
(4) Construction of above ground facilities;
(5) Any excavation performed by a person that is not a service provider or contractor working for a service provider.
(b) Application for Permit. Applications for right-of-way construction permits shall be made to the office of the Village Administrator together with such data as may be required to ensure compliance with the purpose and intent of this chapter as determined by the Village Administrator. The Village Administrator may establish policies, procedures, and standards for the submission, review, and issuance of right-of-way construction permits in a manner compatible with the purposes of this chapter.
(c) Review and Approval. Upon receipt of an application for a right-of-way construction permit, the Village Administrator shall review the application together with all additional data submitted, for compliance with this chapter and with the policies, procedures, and standards the Village Administrator may establish. The Village Administrator shall issue or deny the requested right-of-way construction permit within ten days of receiving a completed right-of-way construction permit application, including any additionally required information.
(d) Denial or Revocation of Right-of-Way Construction Permit: Appeal.
(1) If the Village Administrator finds that the application for right-of-way construction permit or data submitted with the application is incomplete or otherwise unsatisfactory, he or she shall issue a written notice of denial to the applicant setting forth the reasons for the denial.
(2) The Village Administrator may revoke a right-of-way construction permit issued pursuant to this chapter at any time for good cause. Within three (3) working days of the revocation of a right-of-way construction permit, the Village Administrator shall send notice to the person, whose permit has been revoked, setting forth in detail the grounds of the revocation. Such notice shall be mailed to the person to whom the permit was issued at the address shown on the permit application.
(3) Any person whose application has been denied or whose right-of-way construction permit has been revoked by the Village Administrator shall have the right to appeal to the Village Planning Commission. An Appeal must be filed within ten days of receipt of the written verification of such denial or revocation.
(e) Permit Time Limitations. A right-of-way construction permit issued pursuant to this chapter shall become invalid unless the work authorized by the permit was commenced within sixty days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of six weeks after the time the work was commenced; provided that, for cause, the Village Administrator may authorize in writing one or more extensions of time for periods not exceeding sixty days each.
(f) Inspections. The Village Administrator or his or her duly authorized representatives shall inspect work performed under a right-of-way construction permit at such times and in such manner as may be designated on the right-of-way construction permit or as established in the written policies or procedures. Notice shall be given to the Village Administrator at least forty-eight hours prior to the start of any work for the purpose of scheduling inspections.
(g) No Right-of-Way Construction Permit Required for Routine Maintenance.
(1) A service provider need not obtain a right-of-way construction permit or notify the Village prior to or after commencing any routine maintenance that does not include excavation, a lane obstruction or closing of a street.
(2) A service provider performing routine maintenance shall otherwise comply with the requirements of this chapter.
(Ord. 862. Passed 4-20-09.)