(a) Construction Permit.
(1) No Construction Permit is required for Routine Maintenance and New Service Order that do not include Excavation in a Public Right-of-Way.
(2) No Person shall commence or continue with the Construction, Reconstruction, installation, maintenance or repair of Facilities or Excavation in the Public Right-of-Way without obtaining a Construction Permit from the Community Development Director or his/her designee as provided in the Section 937.07
, including but not limited to the following circumstances:
A. The extension of a Service Provider's Facility in the Public Right-of-Way, easement or other City owned properties, in an area of the City not currently serviced by that Service Provider. This does not include New Service Orders unless a Public Right-of-Way will be Excavated;
B. The relocation or replacement of more than two hundred (200) lineal feet of a Service Provider's existing Facilities in the Public Right-of-Way;
C. Any Reconstruction or replacement of Facilities requiring more than one (1) working day to complete work in the Public Right-of-Way;
D. Any Construction, Reconstruction, installation, maintenance, repair or New Service Orders in the Public Right-of-Way requiring more than one (1) working day to complete; or
E. Any Construction, Reconstruction, installation, maintenance, repair or New Service Order requiring the Excavation of a Public Street.
(3) No Construction Permit shall be issued for the Construction, Reconstruction, installation, maintenance or repair of Facilities, or Excavation, in the Public Right-of-Way unless the Service Provider has obtained consent from, and filed a current registration statement with, the City pursuant to Section 937.02 and Section 937.03, respectively, of this Chapter or the Small Cell Provider has obtained consent from, and filed a current registration statement with, the City pursuant to Chapter 939 of the Codified Ordinances.
(b) Construction Permit Applications. Applications for permits to Construct, Reconstruct or install Facilities or Small Cell Facilities, or Excavate, shall be submitted upon forms provided by the City, provide the following information, if applicable, and be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the Facilities or Small Cell Facilities will be Constructed, Reconstructed, installed, maintained or repaired, or the Public Right-of-Way Excavated, in accordance with all applicable codes, rules and regulations.
(2) If the applicant is proposing to Construct, Reconstruct, install, maintain, repair or locate Facilities or Small Cell Facilities above ground:
A. Evidence that Surplus Space is available for locating its Facilities or Small Cell Facilities on existing utility poles along the proposed route;
B. The location and route of all Facilities or Small Cell Facilities to be located or installed on existing utility poles.
(3) If the applicant is proposing an underground installation of new Facilities or Small Cell Facilities in existing ducts, pipes or conduits in the Public Right-of-Way, information in sufficient detail to identify:
A. The Excess Capacity currently available in such ducts or conduits before the installation of the applicant's Facilities or Small Cell Facilities;
B. The Excess Capacity, if any, that will exist in such ducts or conduits after installation of the applicant's Facilities or Small Cell Facilities.
(4) If the applicant is proposing an underground installation of new Facilities or Small Cell Facilities in new ducts or conduits to be Constructed in the Public Right-of-Way:
A. The location and depth proposed for the new ducts or conduits; and
B. The Excess Capacity that will exist in such ducts or conduits after installation of the applicant's Facilities or Small Cell Facilities.
(5) The location and route of all Facilities and Small Cell 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 in the Public Right-of-Way. Included with the installation shall be magnetic and fluorescent tape placed at a minimum of one foot to a maximum of two (2) feet above the entire Facility or Small Cell Facilities as installed for the purpose of locating the Facility during future Construction activities. The tape shall be marked with the tape of Facility installed as approved by the City.
(6) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations that are in the Public Right-of-Way along the underground route proposed by the applicant.
(7) The location(s), if any, for interconnection with the Facilities or Small Cell Facilities of other Service Providers.
(8) The construction methods to be employed for protection of existing structures, fixtures , Facilities and Small Cell Facilities in or adjacent to the Public Right-of-Way.
(9) The structures, improvements, Facilities and obstructions, and Small Cell Facilities, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(10) The impact of Construction, Reconstruction, installation, maintenance or repair of Facilities or Small Cell Facilities on trees in or adjacent to the Public Right-of-Way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas disturbed during Construction.
(11) Information to establish that the applicant has obtained all other governmental approvals and permits to Construct and operate the Facilities and to offer or provide the Services.
(c) Construction Codes. Facilities and Small Cell Facilities shall be Constructed, Reconstructed, installed, repaired, operated, Excavated and maintained in accordance with all applicable federal, State and local codes, rules and regulations including, but not limited to, the National Electric Safety Code.
(d) Traffic Control Plan. All Permit applications which involve a Lane Obstruction or work on, in, under, across or along any Public Right-of-Way shall be presented to the Chief of Police of the City and coordinated to maintain possible traffic control consistent with State law and the ODOT Uniform Manual of Traffic Control Devices.
(e) Issuance of Permit. Within thirty (30) days after submission of all plans and documents required of the applicant, the City Manager, if satisfied that the applications, plans and documents comply with all requirements of this Chapter, shall issue a Construction Permit authorizing the Construction, Reconstruction, installation, maintenance or repair of the Facilities or Small Cell Facilities, or Excavation in the Public Right-of-Way, 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 thirty (30) day period shall begin after all submissions are deemed by the City Manager to be in accordance with the requirements of, including information submitted in the form required by, this Chapter.
(f) Coordination of Construction Activities. All Service Providers and Small Cell Providers are required to cooperate with the City, including its Service and Safety forces, and with each other. All Construction, Reconstruction, installation, Excavation, activities and schedules shall be coordinated, as ordered by the City Manager, to minimize public inconvenience, disruption or damages.
(g) Construction Schedule. The Service Provider or Small Cell Provider may modify the Construction Schedule at any time provided that notice is given to the City Manager. The Service Provider or Small Cell Provider shall further notify the Ohio Utility Protection Services (OUPS) in advance of any excavation or work in the Public Right-of-Way.
(h) Least Disruptive Technology. All Facilities shall be Constructed, Reconstructed, installed, maintained or repaired in the manner resulting in the least amount of damage and disruption of the Public Right-of-Way. Unless otherwise authorized by the City Manager for good cause, Service Providers and Small Cell Providers Constructing, Reconstructing, installing, maintaining or repairing Underground Facilities or Underground Small Cell Facilities shall utilize Trenchless Technology, including, but not limited to, horizontal drilling, directional boring, and micro-tunneling, if technically and/or technologically feasible. In addition, all cable, wire or fiber optic cable Facilities and Small Cell Facilities to be installed underground shall be installed in conduit, without using "direct bury' techniques.
(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 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 Service Provider or Small Cell Provider 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 Small Cell Facilities or other standard, the Service Provider or Small Cell Provider shall cause the location of such Facilities to be verified by a registered Ohio land surveyor. The Service Provider or Small Cell Provider shall relocate any Facilities that are not located in compliance with Permit requirements.
(l) Noncomplying Work. Upon order of the City Manager, all work that 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 Service Provider or Small Cell Provider.
(m) Completion of Construction. The Service Provider or Small Cell Provider shall promptly complete all Construction activities so as to minimize disruption of the Public Right-of-Way and other public and private property. All Construction work authorized by a Permit in the Public Right-of-Way, including restoration, must be completed within one hundred twenty (120) days of the date of issuance for Facilities and within one hundred eighty (180) days for Small Cell Facilities. Extensions may be approved by the Director of Community Development.
(n) Record Drawings. Within sixty (60) days after completion of Construction, the Service Provider shall furnish the City with two (2) 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 Service Provider shall submit the Record Drawings in a digital format compatible with the City's current computer software. Public Utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO shall be exempt from this provision for all matters, as they are required to file with the State of Ohio, and the OUPS System. Such Public Utilities shall provide notice to the City that such records are available from OUPS upon completion of a project.
(o) Restoration of Improvements. Upon completion of any Construction work, the Service Provider or Small Cell Provider shall promptly repair any and all Public Right-of-Way and provide property improvements, fixtures, structures and Facilities or Small Cell Facilities which were damaged during the course of Construction, restoring the same as nearly as practicable to
its 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 or Small Cell 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 Right-of-Way shall be done in accordance with landscape plans approved by the City Manager or his/her designee.
(q) Construction and Completion Bond. Prior to issuance of a Construction Permit, the Service Provider or Small Cell Provider shall provide a Construction Bond written by a corporate surety acceptable to the City equal to at least one hundred ten percent (110%) of the estimated cost of Constructing, Reconstructing, installing or repairing the Service Provider's Facilities or Small Cell Facilities or Excavation in the Public Right-of-Way of the City or such lesser amount as the City Manager may determine to adequately protect the City's interest, shall be deposited before Construction is commenced.
(1) The Construction Bond shall remain in force until eighteen (18) months after substantial completion of the work, as determined by the City Manager, including restoration of Public Right-of-Way and other property affected by the Construction.
(2) The Construction Bond shall guarantee, to the satisfaction of the City:
A. Timely completion of Construction;
B. Construction in compliance with applicable plans, permits, technical codes and standards;
C. Proper location of the Facilities as specified by the City;
D. Restoration of the Public Right-of-Way and other property affected by the Construction;
E. The submission of Record Drawings, in both written and digital format, after completion of the work as required by this Chapter; and
F. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(3) In lieu of filing a Construction Bond with the City for each Construction Permit, a Service Provider or Small Cell Provider with the approval of the City Manager may file an Annual Construction Bond (or Annual Bond) in the form described above in an amount that the City Manager may determine will adequately protect the City's interests as described above.
(4) Public Utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO shall be exempt from any Construction Bond Requirements and shall be only required to notify the City of the appropriate contact person for claims regarding Construction Activities in accordance with their self-insurance program as established pursuant to State law and Regulations. All Public way fees and costs recoveries provided for hereunder shall be consistent with Ohio Revised Code Section 4939.05, PUCO Regulations and decisions of the PUCO which require such costs to be prorated over all users of the Right-of-Way including users that are governmental entities, including but not limited to, the City itself.
(r) Responsibility of Owner. The owner of the Facilities to be Constructed, Reconstructed, installed, located, operated, maintained or repaired and, if different, the Service Provider, are responsible for performance of and compliance with all provisions of this Section.
(Ord. 2018-114. Passed 10-17-18.)