(a) Construction Permit Requirement. Except as otherwise provided in the Code or pursuant to other applicable Law, no Person shall be permitted to Construct in any Rights-of-Way without first having obtained a Construction Permit as set forth below. This requirement shall be in addition to any requirement set forth in the Code.
(1) A Construction Permit allows the Permittee to Construct in that part of the Rights-of-Way described in such Construction Permit and to obstruct travel over the specified portion of the Rights-of-Way by placing Facilities described therein, to the extent and for the duration specified therein.
(2) A Construction Permit is valid only for the dates and the area of Rights-of-Way specified in the Construction Permit and, unless otherwise permitted by the City Engineer, shall in no event be valid for more than one hundred eighty (180) days from the construction start date.
(3) No Permittee may Construct in the Rights-of-Way beyond the date or dates specified in the Construction Permit unless such Permittee:
A. Submits a Supplementary Application for another Construction Permit before the expiration of the initial Construction Permit; and
B. Is granted a new Construction Permit or extension.
(4) Original Construction Permits issued pursuant to section shall, when possible, be conspicuously displayed at all times at the indicated work site and shall be available for inspection by inspectors and authorized City personnel. If the original Construction Permit involves work conducted simultaneously at multiple locations, each location shall display a photocopy of the original Construction Permit. If the original Construction Permit is not conspicuously displayed at the indicated work site, then upon request, the original Construction Permit must be produced within twelve (12) hours or the first earliest business hour, whichever is later. For purposes of this section, "business hour" shall mean the hours between 8:00 a.m. and 5:00 p.m. during a business day.
(b) Construction Permit Applications.
(1) Application for a Construction Permit, unless an Emergency, shall be made to the City Engineer no less than fourteen (14) business days prior to the requested start of Construction.
(2) All Construction Permit Applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
A. Credible evidence that the Applicant has been issued a Certificate of Registration (where required) or credible evidence that the Applicant has written authority to apply for a Construction Permit on behalf of a party that has been issued a Certificate of Registration; and
B. Submission of a completed Construction Permit Application in the form required by the City Engineer, including, but not limited to, all required attachments, and scaled, dated drawings showing the location and area of the proposed project, number and location of street crossings, and the location of all then-known existing and proposed Facilities of the Applicant or Provider within the proposed project area. All drawings, plans and specifications submitted with the Application shall comply with applicable technical codes, Rules and Regulations, and be certified as to being in such compliance by trained technical personnel acceptable to the City Engineer. The mapping data is required to be at the “Atlas” level of detail necessary for the City to reasonably determine the location of the Provider’s facilities in the Rights-of-Way. The City reserves the right, in circumstances that the City Engineer considers unique, complex or unusual, to request that certain submitted drawings, plans and specifications be accompanied by the certification of a registered licensed professional engineer; and
C. A City-approved traffic control plan demonstrating the protective measures and devices that will be employed, consistent with applicable Law and the OMUTCD, to prevent injury or damage to Persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
D. If the Applicant wants to install new Facilities, if requested by the City Engineer, evidence that the Right-of-Way is not Full and evidence that the Applicant has received an appropriate Permit and is adhering to the City’s laws and Rules and Regulations; and
E. If Applicant is proposing an above ground installation on existing poles within the Rights-of-Way, the Applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:
1. The size and height of the existing poles; and
2. Based on the Facilities currently on the existing poles and, if requested by the City Engineer, the excess capacity currently available on such poles before installation of Applicant’s Facilities; and
3. Based on the Facilities currently on the existing poles and, if requested by the City Engineer, the excess capacity for like or similar Facilities that will exist on such poles after installation of Applicant’s Facilities; and
F. If the Applicant proposes to install new poles within the Rights-of-Way, the Applicant shall provide:
1. Credible evidence, if requested by the City Engineer satisfactory to the City that there is no excess capacity on existing poles or in existing underground systems; and
2. Credible evidence to the City that it is not financially and/or technically practicable for the Applicant to make an underground installation or locate its facilities on existing poles; and
3. The location, size, height, color, and material of the proposed poles; and
4. Credible evidence satisfactory to the City that the Applicant will adhere to all the applicable laws concerning the installation of new poles.
G. If Applicant is proposing an underground installation in existing ducts or conduits within the Rights-of-Way, the Applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:
1. Based on the existing Facilities, the excess capacity for like or similar Facilities currently available in such ducts or conduits before installation of Applicant’s Facilities; and
2. Based on existing Facilities, the excess capacity for like or similar Facilities that will exist in such ducts or conduits after installation of Applicant’s Facilities.
H. If Applicant is proposing an underground installation within new ducts or conduits to be constructed within the Rights-of-Way, the Applicant must provide credible information satisfactory to the City to sufficiently detail and identify:
1. The location, depth, size, and quantity of proposed new ducts or conduits; and
2. The excess capacity for like or similar equipment that will exist in such ducts or conduits after installation of Applicant’s Facilities.
I. A preliminary Construction schedule and completion date; and
J. Payment of all money due to the City for:
1. Permit Fees;
2. Any loss, damage, or expense suffered by the City as a result of Applicant’s prior Construction in the Rights-of-Way or any Emergency actions taken by the City;
3. Any Certificate of Registration issued to the Applicant/Person whose Facilities are being Constructed; and
4. Any other money due to the City from the Applicant/Person whose Facilities are being Constructed.
K. When a Construction Permit is requested for purposes of installing additional Systems or any part of a System, the posting of a Construction Bond and Removal Bond, acceptable to the City and subject to this chapter, for the additional Systems or any part of a System is required.
L. Upon request, the City Engineer may modify or waive the information requirements if they are not necessary in evaluating the Construction Permit application. The City Engineer may request applicable and pertinent additional information if it is necessary in evaluating the Construction Permit Application.
(c) Issuance of Permit; Conditions.
(1) If the City determines that the Applicant has satisfied the requirements of this chapter and the Construction Permit process, the City Engineer shall issue a Construction Permit subject to the provisions of Section 901.16(c)(2).
(2) The City may impose reasonable conditions upon the issuance of the Construction Permit and the performance of the Permittee thereunder in order to protect the City’s investment in the Right-of-Way, protect the public health, safety and welfare, to insure the structural integrity of the Rights-of-Way, to protect the property and safety of other users of the Rights-of-Way, or to minimize the disruption and inconvenience to the traveling public.
(d) Construction Permit Fees.
(1) Except as otherwise provided by Law, the City shall collect a Construction Permit Fee equal to the actual and direct cost incurred by the City that is associated with receiving, reviewing, processing and granting (or denying) the Construction Permit and any oversight of the Construction Permit or the Construction work associated therewith. Following completion of the Construction work for which a Construction Permit has been granted (or at the time of the denial of Construction Permit) the City shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing and granting (or denying) the Construction Permit and any oversight of the Construction Permit or Construction Work associated therewith. Quarterly, the City will cause the Director of Finance to issue a written invoice to a Provider that lists and summarizes the costs for each Construction Permit issued to and/or completed by the Provider over the previous ninety (90) days. The Provider shall remit payment to the City for the original quarterly invoice within thirty (30) days after the Director of Finance issues such invoice. Any Applicant who fails to timely remit such invoiced Construction Permit Fee amounts shall be subject to the penalties of this chapter, the imposition of any other legal or equitable remedies available to the City and the immediate revocation of any Certificate of Registration or Construction Permit having been issued.
(2) The City may in addition to these direct and actual costs listed in subsection (d)(1) hereof include in the Construction Permit Fee the cost of the value of degradation and reduction in the useful life of the Rights-of-Way that will result from Construction that has taken place therein. “Degradation and the reduction in the useful life” for the purpose of this Section means the accelerated depreciation of the Rights-of-Way caused by Construction in or disturbance of the Rights-of-Way, resulting in the need to reconstruct or repair such Rights-of-Way earlier than would be required if the Construction did not occur.
(3) Except as otherwise provided herein, no future Construction Permits shall be issued to an Applicant without payment of all outstanding Construction Permit Fee invoices. The City shall be exempt from payment of Construction Permit Fees. Construction Permit Fees that were paid for a Permit that the City has revoked pursuant to this Chapter are not refundable.
(e) Coordination of Applications. Applicants are encouraged to coordinate the submission of Applications for Construction Permits to work in the Rights-of-Way at the same place and time. Joint applicants shall have the ability to divide amongst themselves, in proportions the parties find appropriate, any applicable construction permit fees.
(f) Exceptions to Permit Requirements.
A. The repairing or improvement of streets or other public places under or by virtue of a contract with the City.
B. The maintenance, planting or removal of trees and shrubs from within the Right-of-Way.
(Ord. 13-19. Passed 9-9-19.)