(a) General. No person shall commence or continue with a major construction project or the construction, reconstruction, installation, maintenance or repair of facilities or excavation in the public ways except as provided in this section.
(b) Construction Codes. 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 Electrical Safety Code.
(c) Construction Permits. Except as provided in Sections 913.06(i) and (j), no person shall construct, reconstruct, install, maintain or repair any facilities, or excavate, in the public ways without first obtaining a construction permit therefor, provided, however that:
(1) No permit shall be issued for a major construction project or the construction, reconstruction, installation, maintenance or repair of facilities, or excavation, in the public ways unless the service provider has obtained a use permit from, and filed a registration statement with, the City pursuant to Section 913.04 and Section 913.05, respectively, of this chapter.
(2) No permit shall be issued for a major construction project or the construction, reconstruction, installation, maintenance or repair of facilities, or excavation, without payment of the construction permit fee established in Section 913.08(d).
(d) Applications. Applications for permits for a major construction project to construct, reconstruct or install facilities, or excavate, shall be submitted upon forms provided by the City and shall provide the following information, if applicable, and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the facilities will be constructed, reconstructed, installed, maintained or repaired, or the public 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 above ground:
A. Evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route.
B. The location and route of all facilities to be located or installed on existing utility poles.
(3) If the applicant is proposing an underground installation of new facilities in existing ducts, pipes or conduits in the public ways, 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.
B. The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's facilities.
(4) If the applicant is proposing an underground installation of new facilities in new ducts or conduits to be constructed in the public ways.
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.
(5) 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 in the public ways. Included with the installation shall be magnetic and flourescent tape placed at a minimum of one foot to a maximum of two (2) 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.
(6) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations that are in the public ways along the underground route proposed by the applicant.
(7) The location(s), if any, for interconnection with the facilities of other service providers.
(8) The construction methods to be employed for protection of existing structures, fixtures and facilities in or adjacent to the public ways.
(9) The structures, improvements, facilities and obstructions, 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 on trees in 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 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.
(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 (45) 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 applications, plans and documents comply with all requirements of this chapter, shall issue a permit authorizing the major construction project, construction, reconstruction, installation, maintenance or repair of the facilities, or excavation in the public 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 forty-five (45) 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.
(h) Construction Schedule. The permit holder shall submit a written construction schedule to the City Manager ten (10) 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 twenty-four (24) hours in advance of any excavation or work in the public ways.
(i) 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 way. Unless otherwise authorized by the City Manager for good cause, permit holders constructing, reconstructing, installing, maintaining or repairing underground facilities shall utilize trenchless technology, including, but not limited to, horizontal drilling, directional boring, and microtunneling, if technically and/or technologically feasible. In addition, all cable, wire or fiber optic cable facilities to be installed underground shall be installed in conduit, without using "direct bury" techniques.
(j) 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.
(k) 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.
(l) 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 that are not located in compliance with permit requirements.
(m) 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 permit holder.
(n) 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 in the public ways, including restoration, must be completed within one hundred twenty (120) days of the date of issuance.
(o) Record Drawings. Within sixty (60) days after completion of construction, the permit holder 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 permit holder shall submit the record drawings in a digital format compatible with the City's current computer software.
(p) 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 its condition before the start of construction.
(q) 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 and described as follows:
A. The City has the right to plant, prune and maintain trees and shrubs within the public rights of way. The City Manager or a designee may remove or cause to be removed any tree or part thereof which is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious disease, insect or other pest.
B. No person or contractor shall undertake any construction which reduces the size of a tree lawn, or shall plant, remove, prune, or treat with growth inhibiting measures, any tree or shrub located within any public rights of way without first applying for a license from the Building and Zoning Department. Said license shall specify number of trees, size, species and location to be planted, pruned or removed.
C. Unless specifically authorized by the Building and Zoning Department or an appropriate designee, no person or contractor shall intentionally damage, cut, carve, transplant any tree, attach any rope, wire, nails, advertising posters, or other item to any tree or shrub, allow any gaseous liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them, or set fire or permit fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub within the public rights of way.
D. When properly authorized construction occurs within the public rights of way in the vicinity of a public tree, a protective fence shall be erected around the tree at a distance of at least one radial foot from the trunk of the tree. Trenching must be replaced by underground boring within that space.
E. If construction within the public rights of way requires removal of trees and shrubs, the person or company responsible for such removal shall be required to restore the rights of way as follows: applicant shall be responsible for the replacement of any trees and shrubs removed in the license area and restoration of any grass by seed and straw. In the event that restoration of the trees, shrubs, or grass is not appropriate or the new trees, shrubs, or grass does not take hold, applicant shall take appropriate additional restoration measures, as specified by the Zoning Administrator, to remedy the problems.
F. The following standards shall be observed in the planting of street trees.
LARGE
60 ft. Height
MEDIUM
40 ft. Height
SMALL
20 ft. Height
Minimum distance between center of tree and edge of street when sidewalk is not present
4 ft.
2-1/2 ft.
2 ft.
Minimum width of tree lawns bordered by both street and sidewalk (tree must be centered)
6 ft.
4 ft.
3 ft.
When planting under wires
Must be offset 10 ft.
Can be planted under wires
Can be planted directly under wires
Distance from:
Intersections
20 ft.
20 ft.
20 ft
Fire hydrants
Utility Poles
Driveways
10 ft.
10 ft.
10 ft.
Underground
Utilities
5 ft.
5 ft.
5 ft.
(r) Construction Surety. Prior to issuance of a construction permit, the permit holder shall provide a construction bond, as provided in Section 913.06(aa).
(s) 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. 1999-48. Passed 10-12-99.)