§ 96.27  RIGHT-OF-WAY UTILIZATION PERMITS.
   (A)   The purpose of the right-of-way utilization permit is to control the use of public rights-of-way and public easements and protect the health, safety, and welfare of the public. Any work within public rights-of-way shall require an approved right-of-way utilization permit.
   (B)   The Safety and Service Director shall establish an application and permit process which shall, at a minimum, require all of the following:
      (1)   A sketch or construction plans drawn to scale, showing the following:
         (a)   The offset from the centerline of the right-of-way or roadway to the proposed utility installation, the road right-of-way width and pavement width, the distance from the edge of pavement to the utility, sidewalks, and the location of all other utilities, including traffic signal utilities, within the area of work.
         (b)   One or more typical cross sections to adequately reflect the location of the utility, indicating the minimum vertical clearance above or below the pavement or natural ground.
         (c)   The location of the area of work in relation to the nearest road intersection, bridges, railroad crossings, and other physical features, including a location or vicinity map showing the general location of the installation.
      (2)   All permit applications must demonstrate that the proposed improvements conform to the right-of-way utilization requirements included in any city regulation or law.
      (3)   Projects of significant length and land size may require a complete right-of-way survey.
      (4)   A performance bond may be required of the applicant in the event the work covered by the right-of-way utilization permit has the potential to significantly damage the right-of-way. The amount of the performance bond shall be 110% of the estimated cost to repair such damage, as determined by the city.
      (5)   Prior to construction, evidence that applicant provided written notice to all property owners adjacent to the project limits, which notice shall include, at a minimum, the anticipated construction schedule, maintenance of traffic plan and any impacts, permanent or temporary, to the adjacent properties, together with contact information including the name and telephone number of the project manager.
      (6)   A copy of the approved permit and related supporting documents shall be on site at all times during construction.
   (C)   Any permits issued under this section shall be conditioned upon the following:
      (1)   Whenever necessary for the construction, maintenance, operation, or alteration of the right-of-way, as determined by the city, any or all of the appurtenances authorized by this permit shall be immediately removed from the right-of-way or relocated, as required by the city, at the expense of the applicant unless reimbursement is specifically authorized.
      (2)   If above ground utilities are being replaced, the old utilities and utility appurtenances must be removed from the city right-of-way within 30 days after new utilities are installed.
      (3)   All work, materials, and equipment shall meet all city ordinances and specifications and shall be subject to inspection by the city. All right-of-way disturbed by this work shall be restored to its original condition or better and in accordance to applicable city ordinances. All disturbed areas must be seeded and strawed, matching existing grass type. Sod shall be used if no grass is present at time of construction.
      (4)   The construction and maintenance of this utility shall not interfere with the property and rights of a prior applicant.
      (5)   Where possible, excavation shall not be allowed within five feet from the edge of the pavement. Situations that cannot meet this requirement shall require prior approval of the city.
      (6)   The city shall be notified 24 hours in advance of starting work. In the interest of public safety all operations shall take place during daylight hours, unless specifically authorized, and discontinued by sunset with proper signage and traffic-control devices maintained during off hours.
      (7)   All traffic detours shall be restricted to the limits of right-of-way with necessary flagmen and marking devices. A traffic detour or lane closure shall require specific approval by the city.
      (8)   Written approval from the city shall be required before any alterations to existing traffic signal equipment including, but not limited to: vehicle detection loops and signal timing.
      (9)   If traffic signal vehicle detection loops are rendered inoperable, temporary detection shall be installed within 24 hours.
      (10)   All traffic signal utilities disturbed by this work shall be restored to its original condition or better. Traffic signal utilities include but not limited to: vehicle detection loops, conduit, cabling, pull boxes, pedestrian signal equipment, span assemblies, signal heads, cabinet assemblies, cameras, and fiber optic infrastructure.
      (11)   All utility construction and maintenance shall be performed with proper shoring, barricades, and maintenance of traffic signage in accordance with the Manual of Uniform Traffic Control Devices, with the regulations of Occupational Safety and Health Administration, and the Ohio Department of Transportation Safety Manual.
      (12)   The city shall not be responsible for damages to any structure placed with the right-of-way. All structures shall be properly maintained, adequately visible, or properly delineated to prevent damage due to normal maintenance of the right-of-way.
      (13)   Open cuts of roads will not be allowed unless specifically authorized by the city. Directional bore or jack and bore operations should maintain a five-foot minimum clearance from edge of pavement on road crossing each side. Recommend bore depth is 36 inches and a minimum of 18 feet vertical clearance over all roadways and driveways.
      (14)   The permit is effective for one year from its approval date, unless otherwise rescinded by the city.
   (D)   The city shall have the right to inspect and approve all materials and/or phases of work, and final inspection and acceptance of work by the city must be obtained to document the completion of the work. This section does not excuse compliance with any construction requirements and inspections as required in other provisions of the city ordinances. Any utility placed under, over, or along any public road or publicly owned rail corridor that is found by city ordinances to be reasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon 30 days written notice to the utility or its agent by the city be removed or relocated by such utility at its own expense.
   (E)   It shall be required that, in the event the installation, adjustment, or relocation of said utilities are scheduled to be done simultaneously with the city construction work, the application shall coordinate with the city before proceeding and shall cooperate with the city's contractor to arrange the sequence of work so as not to delay the work of the city contractor, defend any legal claims of the city’s contractor due to delays caused by the applicant’s failure to comply with the approved schedule, and shall comply with all provisions of the law and the city; current utility specification manual. However, the applicant shall not be responsible for delay beyond its control.
   (F)   In the case of noncompliance with the city requirements, the permit shall be considered void and the installation shall be immediately brought into compliance or removed from the right-of-way at no cost to the city. The city may issue “stop work” order(s) upon any permittee committing or creating an unsafe act which may create a public hazard or who is not complying with this permit or the applicable codes. The order shall remain in effect until such time as these matters are corrected.
   (G)   Permits shall be issued with the understanding that the applicant shall guarantee all work performed under the terms of the permit for a period of one year from the date of final inspection and acceptance of work. Any failures shall be repaired by the applicant, at the direction of the city, within five days, unless the urgency of the problem requires a quicker reaction time. The applicant shall be responsible for all repair costs incurred due to damages to existing utilities by failure to use due care, including errors in locating existing utilities during construction.
   (H)   Removal/Relocation of Improvements. Upon ten days’ written notice, the applicant shall be required to remove and/or relocate the improvements placed within the right-of-way at the applicant’s sole expense. It shall be expressly agreed that any permit issued under this section is a license for permissive use only and that the placing of facilities upon public pursuant to this permit shall not operate to create or vest any property right in said holder. It shall be agreed that the rights and privileges granted pursuant to this section, are granted only to the extent of the city's right, title, and interest in the land to be entered upon and used by the holder, and the holder will, at all times, assume all risk of and indemnify, defend and save harmless the city from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said holder of the aforesaid rights and privileges.
(Ord. 2014-16, passed 10-14-14)