(A) It shall be unlawful for any person to commence, expand or modify the construction of a utility system that is located in any public rights-of-way without first applying for and obtaining from the city a construction permit in compliance with this section unless such modification, expansion or construction is necessitated by an emergency condition as provided in division (P) or for routine maintenance as provided in division (Q).
(B) It shall be unlawful for any incumbent provider to expand or modify an existing utility system located in any public rights-of-way without first applying for and obtaining from the city a construction permit in compliance with this section.
(C) The city may promulgate regulations governing the construction permit application process.
(D) Before issuing a construction permit, the city shall require the submission of a written application on a form furnished by the city, setting forth such information as shall be proscribed by the city, including:
(1) The name and residence or business address of the person applying for the permit;
(2) The location and approximate area of the construction, including its approximate length and width, and, if the construction is in a street, whether it is parallel or transverse to the direction of the travel lanes;
(3) A plan (to be attached to the application) showing the location of the proposed construction, a timetable for construction, divided into phases where appropriate, the areas of the city that may be affected by the construction, a preliminary list of contractors and subcontractors to be used and any additional information the city reasonably may require;
(4) If the person applying for the permit is proposing to install overhead facilities, evidence that the person applying for the permit has obtained permission to make attachment to the utility poles (owned by another person and/or by the city);
(5) If the person applying for the permit is proposing to install facilities in conduit, evidence that the person applying for the permit has obtained permission to make attachment to such conduit (owned by another person and/or by the city); and
(6) Copies of all governmental permits required to construct and operate the utility system described in the application.
(E) The city shall grant a revocable construction permit to conduct such construction when, in the opinion of the city, the construction and maintenance thereof will not interfere with any city facilities located in the public rights-of-way.
(F) In granting a construction permit, the city may impose such conditions as may be necessary for the management of the public rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the public rights-of-way; for the proper restoration of such public rights-of-way and structures; for the protection of the city, public and the continuity of pedestrian and vehicular traffic.
(G) Permittees must follow city-established requirements for placement of facilities in public rights-of-way, including the specific location of facilities in the public rights-of-way, and must in any event install facilities in a manner that minimizes interference with the use of the public rights-of-way by others, including others that may be installing facilities.
(H) Where circumstances dictate and consistent with the purposes of this chapter, the city may require that facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular public right-of-way. The city may:
(1) Deny access if a permittee is not willing to comply with the city's requirements;
(2) Remove or require removal of any facility that is not installed in compliance with the requirements established by the city or which is installed without prior city approval of the time, place or manner of installation and charge the permittee of the facility for all the costs associated with removal; and
(3) Require a person using the public rights-of-way to cooperate with others to minimize adverse impacts on the public rights-of-way through joint trenching and other arrangements, including the imposition from time to time of a moratorium on construction within the public rights-of-way.
(I) The construction of utility systems is subject to the supervision of all city departments that have jurisdiction in such matters and shall be performed in compliance with all laws, ordinances, departmental rules and regulations and practices affecting such a system. However, except for requirements subject to the exclusive jurisdiction of a regulatory body other than the city, the location, depth and other physical characteristics of any facilities for which a construction permit is issued shall be subject to approval by the city and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this chapter.
(J) Notwithstanding the receipt of a construction permit, construction shall not commence until all permit and registration requirements have been met and all required permits and registrations have been obtained, including the payment of all associated fees.
(K) To minimize disruption of public passage or infrastructure, to forestall or relieve exhaustion of public rights-of-way capacity or to protect environmentally sensitive areas, the city may require as a condition of issuing any construction permit for erection of new poles or construction of underground conduit, the installation of which requires excavation of or along any traveled way, that the permittee install pole space or empty conduits in excess of its own present requirements that are sufficient to meet the permittee's reasonably foreseeable requirements.
(L) At the time the construction permit is issued, the applicant shall pay a non-refundable fee to defray the city's costs to process the application and to inspect the construction (construction permit fee). The amount of the fee shall be established by ordinance enacted by the city from time to time. The construction permit fee may include costs incurred by the city to maintain an inventory or database of facilities that are installed, repaired or removed during the construction for which the permit is issued. In any case where the city determines that the construction permit fee is excessive, the city may waive the construction permit fee in whole or in part.
(M) No construction permit shall be transferable and any attempt to transfer a construction permit shall be void.
(N) Each construction permit shall state a time period for completion of all the work to be done thereunder. The city may grant extensions of time for good cause. A construction permit shall be void unless the construction to be undertaken pursuant thereto is commenced within thirty (30) days from the date of its issuance and the work diligently completed thereafter.
(O) No person in violation of any material requirement of this chapter shall be issued a construction permit nor shall any contractor or agent apply for or be issued a construction permit on the person's behalf until the outstanding violation is corrected or a plan for correction is approved by the city, which approval shall not be unreasonably withheld. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.
(P) Any registrant maintaining facilities in the public rights-of-way may proceed with repairs upon existing facilities without a construction permit when emergency circumstances demand that the work be done immediately. The person performing the work shall apply to the city for a construction permit no later than the third working day after such work has commenced. All emergency work requires prior telephone notification to the city Police Department.
(Q) A construction permit is not required for routine maintenance that does not require excavation in the public rights-of-way or which does not block traffic lanes or sidewalks during peak traffic periods between 8:00 a.m. and 5:00 p.m. on weekdays, or for more than two (2) hours during any non-peak traffic period.
(Ord. 2003-08, passed 3-17-03; Am. Ord. 2004-07, passed 4-19-04)