(a) Construction Permit.
(1) No construction permit is required for routine maintenance and new service orders that do not include the construction in, or excavation or lane obstruction of, a public right-of-way or closing of a public street.
(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 City Building Department as provided in this section, including but not limited to the following circumstances:
A. The construction of a new system or reconstruction of facilities to provide a new service;
B. The extension of a service provider's system in the public right-of- way in an area of the City not currently serviced by that service provider. This does not include new service orders unless a public street will be excavated;
C. Any construction, reconstruction, installation, maintenance, repair, replacement, or new service orders in the public right-of-way requiring more than one working day to complete; or
D. Any construction, reconstruction, installation, maintenance, repair or new service orders requiring the excavation of a public street, including the replacement of a pole.
(3) With respect to the proposed installation of small cell or micro wireless facilities or wireless support structures associated with small cell or micro wireless facilities, a service provider shall utilize a form supplied by the City Engineer, which will reflect processing or "shot clock" requirements imposed by State or Federal law, as applicable.
(4) 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 with, the City pursuant to Sections 1022.02 and 1022.03, respectively, of this chapter.
(5) The City Engineer may waive or modify the construction permit requirements for service providers with underground facilities whose routine maintenance of facilities requires excavation,
(b) Construction Permit Applications. Unless specifically prohibited by State or Federal law, applications for construction permits shall be submitted upon forms provided by the City, provide fee following information, if applicable, and be accompanied by drawings, plans and specifications written in plain English and/or with a key to explain any acronyms or abbreviations, which drawings, plans and specifications shall provide sufficient detail to demonstrate all of the following:
(1) A preliminary construction schedule.
(2) That the 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.
(3) If the applicant is proposing to construct, reconstruct, install, maintain, repair or locate overhead facilities:
A. Evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route; and
B. The location and route of all facilities to be located or installed on existing utility poles.
(4) If the applicant is proposing to install above-ground facilities that are not overhead facilities, the location of all known existing underground utilities, conduits, ducts, pipes, mains and installations that are in the right-of-way in the proposed location of and/or along the route of the proposed above-ground facilities.
(5) If the applicant is proposing an underground installation of new 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; and
B. The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's facilities.
(6) If the applicant is proposing an underground installation of new 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.
(7) 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 right-of-way. Included with the installation shall be magnetic and florescent tape placed at a rninimum 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 or other such location device as approved by the City Engineer. The tape shall be marked with the type of facility installed as approved by the City.
(8) The method of any underground installation (for example, open trenching or boring).
(9) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations known by the applicant that are in the public right-of-way along the underground route proposed by the applicant.
(10) The location(s), if any, for interconnection with the facilities of other service providers.
(11) The construction methods to be employed for protection of existing structures, fixtures and facilities in or adjacent to the public right-of-way.
(12) The structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(13) The proposed storage locations for vehicles and materials to be utilized during construction, to be field-verified with the City.
(14) The impact of construction, reconstruction, installation, maintenance or repair of 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 in accordance with applicable provisions of this chapter.
(15) 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.
(16) The identity of, and contact information for, each subcontractor of the service provider that will do work in connection with the construction, reconstruction, installation, maintenance or repair of facilities, including restoration work. If the identity of any subcontractor is not known at the time that the application is filed, the service provider shall supplement the application as soon as possible after the information is available which shall in every case be at least forty-eight hours prior to performance of any work by such subcontractor.
(c) Construction Codes. Facilities shall be constructed, reconstructed, installed, repaired, operated, excavated and maintained in accordance with all applicable Federal, State and local codes, rules, regulations and technical codes including, but not limited to, the National Electrical 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 accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the ODOT's Uniform Manual of Traffic Control Devices and other applicable ODOT regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The City Engineer may require the service provider to use and employ the City Police Force for traffic control.
(e) Issuance of Permit. Within ten business days after submission of all plans and documents required of the construction permit applicant, the City Engineer, 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 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 Engineer may deem necessary or appropriate. Such ten business day period shall begin after all submissions are deemed by the City Engineer to be complete and in accordance with the requirements of this chapter; provided, however, that if State or Federal law specifically prohibits application of the ten business day period, it shall be waived to the extent so prohibited.
(f) Coordination of Construction Activities. All service 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 Engineer, to minimize public inconvenience, disruption or damages. Owners of adjoining properties shall be notified by the service provider at least twenty-four hours in advance of work that may affect their property.
(g) Modification of Construction Schedule. The service provider may modify the construction schedule at any time provided that forty-eight hours advance notice is given to the City Engineer.
(h) Least Disruptive Technology. To the extent reasonably possible, 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 Engineer for good cause, service providers 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.
(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 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 Engineer if such changes are determined to be necessary due to site conditions or other changed circumstances.
(j) Display of Permit. The service 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 at all times when construction work is occurring.
(k) Joint Applications. Any service provider planning a capital improvement in conjunction with another service provider with consent to use or occupy the public right-of-way may submit a joint application for a construction permit.
(l) Noncomplying Work. Upon order of the City Engineer, all work that does not comply with the construction 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. The City reserves the right to revoke any construction permit in the event of a substantial breach of the terms and conditions of any law or any provision or condition of the construction permit. Prior to such revocation, the City Engineer must serve a written demand upon the service provider to remedy the violation within a specified reasonable period of time. A service provider may appeal a revocation to the Administrative Director in writing within five business days of receiving said revocation order, as set forth in Section 1022.99
(c).
(m) Record Drawings. Within sixty days after completion of construction, the service provider 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 service provider shall submit the record drawings in a digital format compatible with the City's current computer software or a mutually agreed format.
(n) Restoration of Improvements. Upon completion of any construction work, the service provider shall promptly repair any and all areas of the right-of-way and adjacent thereto, which were disturbed from the work and restore property improvements, fixtures, structures and facilities which were damaged during the course of construction as nearly as practicable to the condition before the start of construction.
(o) Public Streets. Asphalt patches in public streets shall be constructed and installed so as to be as strong and resistant to heaving as the rest of the public street surface. During construction work, dirt and debris resulting from construction work shall be removed from public streets periodically during the day as well as at the end of each day. Further, the public streets shall be kept free of dust, dirt and unevenness of travel surfaces resulting from construction work and other similar hazards to pedestrians, bicyclists and motorists.
(p) Sidewalk, Driveway Apron and Curb Restoration. In repairing and restoring sidewalks, driveway aprons and curbs located within the public right-of-way that are disturbed or damaged during construction work, the following shall apply:
(1) Sidewalks shall be designed to be durable and attractive. Plans and specifications shall be provided to the City's Engineer in advance of installation.
(2) Concrete work shall conform to current best practices for durability, including American Concrete Institute, National Ready Mixed Concrete Association or other nationally accepted standards governing cold weather and hot weather installations and durability. The standard utilized shall be specified in the plans and specifications provided to the City for sidewalk restoration and subject to City approval.
(3) Sidewalks shall be protected from mars (such as footprints) and vandalism until the concrete has achieved hardness sufficient to resist such marring. Blemished or vandalized sidewalk blocks, and concrete displaying scaling, crazing or blistering, must be removed and re-poured.
(4) Curing compound shall be applied as per the manufacturer's instructions.
(5) Stone sidewalks that are not already cracked shall be preserved for reinstallation if that is the preference of the owner of abutting property.
A. A contractor with expertise in setting stone walks shall reset stone on compacted finely crushed, stone base.
B. Pronounced peaks and valleys within sidewalk must be avoided.
C. In the event that a stone sidewalk is damaged as a result of construction work in the public right-of-way, it shall be replaced with a stone sidewalk block, unless this requirement is waived in writing by the City Engineer.
(6) New commercial driveway aprons shall provide an eight-inch thick concrete slab, or greater thickness slab if directed by the City Engineer. Repairs may match the depth of the existing apron.
(7) Truncated dome material on curb ramps shall be of a style and color that matches the original, unless a different style or color is requested by the City.
(q) Trees in Public Right-of-Way.
(1) In performing any construction work which may impact trees with roots, trunk or branches within the public right-of-way, the service provider shall avoid soil compaction and impact by use of methods such as construction fencing.
(2) When tree roots must be affected by any construction work within the public right-of-way, the service provider shall obtain recommendations regarding protective construction practices from a certified arborist having expertise in tree preservation, which recommendations shall be subject to the approval of the Engineer or his/her designee. Soil compaction and root cutting shall both be considered to require protective construction practices. The arborist’s recommendations shall be provided to the Service Director or his/her designee prior to commencement of construction.
(3) Trees within the public right-of-way shall not be removed without the written consent of the City following a request submitted to the Engineer or his/her designee, unless such removal is required in an emergency in which case notice of such removal shall be provided to the City Service Director within twenty-four hours of the commencement of such activity. Compensation for trees removed with the City's permission in connection with construction work performed by a service provider shall be paid to the City prior to completion of construction work, based upon cost of replacement analysis as provided in the Guide for Plant Appraisals or similar publication.
(4) Tree trimming and vegetation management activities in the right-of-way must be performed in accordance with generally acceptable horticultural and arboreal standards adopted by the National Arbor Day Foundation, the International Society of Arboriculture, and/or the Tree Care Industry. To the extent that the City has promulgated rules and regulations regarding tree trimming or vegetation management, such rules and regulations shall supersede any conflict with the foregoing standards.
(5) The service provider shall provide the City Service Department with at least two business days’ notice of all tree trimming or vegetation management activities, unless such activities are required because of an emergency, in which case notice shall be provided to the City Service Director within twenty-four hours of the commencement of such activity.
(r) 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, except to the extent that tree trimming is necessary to prevent the interference of tree branches with overhead facilities, Trees that were to have been preserved in accordance with the requirements of this section that die within one year following completion of construction shall require compensation to be paid to the City, based upon cost of replacement analysis as provided in the Guide for Plant Appraisals or similar publication.
(2) Grass or lawn areas within the public right-of-way that are disturbed or damaged during construction work shall be restored to a grassy condition.
A. Topsoil shall be stockpiled separately from poorer-quality clay and subsurface soils. In grass or lawn restoration, soils shall be returned to their respective layers.
B. When existing soil has been disturbed to such an extent that it will not support the establishment of viable grass, topsoil shall be added in quantities sufficient to support grass. Clay soils shall not be used for the top twelve inches of a grass or lawn area to be restored.
C. Service providers shall follow accepted best practices for ensuring grass that is thick and green in connection with such restoration work.
(3) All restoration work within the public right-of-way shall be done in accordance with landscape plans approved by the City Engineer.
(s) Construction Bond. Prior to issuance of a construction permit the service provider shall provide the City with a construction bond in favor of the City written by a corporate surety acceptable to the City equal to at least 100 percent of the estimated cost of constructing, Reconstructing, installing or repairing the service provider's facilities or excavation in the public right-of-way of the City, or such other amount as the City Engineer may determine to adequately protect the City's interest.
(1) The construction bond shall remain in force until eighteen months after substantial completion of the work, as determined by the City Engineer, 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 with the approval of the City Engineer may file an annual construction bond (or annual bond) in the form described above in an amount that the City Engineer may determine will adequately protect the City's interests as described above.
(t) 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.
(u) Recovery of Costs. The City may recover the City's costs related to issuance and enforcement of any construction permits issued under this section in the manner prescribed in Section 1022.08
. This provision shall supersede any other provisions in the City's codes or regulations relating to construction fees or construction permit fees for service providers' facilities within the City's right-of-way.
(Ord. 2017-O-04. Passed 4-11-17.)