(a) In General. No person shall commence or continue with the construction, reconstruction, installation, maintenance or repair of facilities or excavations within the public ways except as provided in this section.
(b) Construction Codes. Facilities shall be constructed, reconstructed, installed, operated, excavated and maintained in accordance with all applicable Federal, State and local codes, rules and regulations, including, but not limited to, the National Electrical Safety Code.
(c) Construction Permits. Except as provided in Section 1016.04(m) of this chapter, no person shall construct, reconstruct, install, maintain or repair any facilities, or excavate, within the public ways, without first obtaining a construction permit therefor, provided, however, that:
(1) No permit shall be issued for the construction, reconstruction, installation, maintenance or repair of facilities, or excavation, within the public ways, unless the service provider has filed a registration statement with the City pursuant to Section 1016.02 of this chapter.
(2) No permit shall be issued for the construction, reconstruction, installation, maintenance or repair of facilities, or excavation, in the public ways unless the service provider has applied for and received a use permit pursuant to Section 1016.03 of this chapter.
(3) No permit shall be issued for the construction, reconstruction, installation, maintenance or repair of facilities, or excavation, without payment of the construction permit fee established in Section 1016.06(d) of this chapter.
(d) Applications. Applications for permits to construct, reconstruct, install, maintain or repair facilities, or excavate, shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the facilities will be constructed, reconstructed, installed, repaired or maintained, or the public way excavated, in accordance with all applicable codes, rules and regulations.
(2) The location and route of all facilities to be located or installed on existing utility poles.
(3) The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways. Included with the installation shall be magnetic and fluorescent tape placed at a minimum of one foot to a maximum of two feet above the entire facility as installed for the purpose of locating the facility during future construction activities. The tape shall be marked with the type of facility installed as approved by the City.
(4) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.
(5) The location of all other facilities to be constructed, reconstructed, installed or located within the City, but not within the public ways.
(6) The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the public ways.
(7) The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
(e) Engineer's Certification. All permit applications shall be accompanied by the certification of a State of Ohio registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.
(f) Traffic Control Plan. All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the Ohio Department of Transportation's Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(g) Issuance of Permit. Within forty-five days after submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the City Manager, if satisfied that the application, plans and documents comply with all requirements of this chapter, shall issue a permit authorizing the construction, reconstruction, installation, maintenance or repair of the facilities, or excavation in the public ways, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the City Manager may deem necessary or appropriate. Such forty-five day period shall begin after all submissions are deemed by the City Manager to be in accordance with the requirements of this chapter, including information submitted in the form required by this chapter.
(h) Construction Schedule. The permit holder shall submit a written construction schedule to the City Manager ten working days before commencing any work in or about the public ways. The permit holder shall further notify the City Manager and the Ohio Utility Protection Service (OUPS) not less than two working days (forty-eight hours) in advance of any excavation or other work in the public ways.
(i) Compliance With Permit. All construction practices and activities shall be in accordance with the construction permit and approved final plans and specifications for the facilities. The City Manager shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. Field changes may be approved by the City Manager if such changes are determined to be necessary due to site conditions or other changed circumstances.
(j) Display of Permit. The permit holder shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City Manager at all times when construction work is occurring.
(k) Survey of Underground Facilities. If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permit holder shall cause the location of such facilities to be verified by a registered Ohio land surveyor. The permit holder shall relocate any facilities which are not located in compliance with permit requirements.
(l) Noncomplying Work. Upon order of the City Manager, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall immediately cease and shall be immediately removed and/or corrected by the permit holder.
(m) Completion of Construction. The permit holder shall promptly complete all construction activities so as to minimize disruption of the public ways and other public and private property. All construction work authorized by a permit within the public ways, including restoration, must be completed within 120 days of the date of issuance.
(n) Record Drawings. Within sixty days after completion of construction, the permit holder shall furnish the City with two complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all facilities constructed pursuant to the permit. At such time, the permit holder shall submit the record drawings in a digital format compatible with the City's current computer software.
(o) Restoration of Improvements. Upon completion of any construction work, the permit holder shall promptly repair any and all public ways and provide property improvements, fixtures, structures and facilities which were damaged during the course of construction, restoring the same as nearly as practicable to their condition before the start of construction.
(p) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, reconstruction, installation, maintenance, repair or replacement of facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
(2) All restoration work within the public ways shall be done in accordance with landscape plans approved by the City Manager.
(q) Construction Surety. Prior to issuance of a construction permit, the permit holder shall provide a construction bond, as provided in Section 1016.04(aa).
(r) Responsibility of Owner. The owner of the facilities to be constructed, reconstructed, installed, located, operated, maintained or repaired and, if different, the permit holder, are responsible for performance of and compliance with all provisions of this section.
(Ord. 96-149. Passed 5-7-97.)