(a) Construction Permit Requirement. Except as otherwise provided in the Code, no Person may 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 other sections of code or law pertaining to zoning, building or construction standards.
(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.
(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 Construction Permit Extension.
(4) Original Construction Permits issued pursuant to Section 917.13 shall, when possible, be conspicuously displayed at all times at the indicated work site and shall be available for inspection by Inspectors and authorized Municipality 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 shall be made to the Municipality Administrator.
(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 (where required) has been issued a Certificate of Registration or proof 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 Municipality, including, but not limited to, all required attachments, and dated drawings showing the location and area of the proposed project, number and location of street cuts, 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 Municipality Engineer. The mapping data is only required to be at the “Atlas” level of detail necessary for the Municipality to reasonably determine the location of the Provider’s facilities in the Rights of Way. The Municipality reserves the right, in circumstances that the Municipality 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 Municipality approved traffic control plan demonstrating the protective measures and devices that will be employed, consistent with 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 specifically requested by the Municipality Engineer, evidence that there is no surplus space and evidence that the Applicant has received an appropriate Permit and is adhering to the Municipality’s 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 Municipality 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 specifically requested by the Municipality 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 specifically requested by the Municipality 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 specifically requested by the Municipality Engineer, satisfactory to the Municipality that there is no excess capacity on existing poles or in existing underground systems; and
2. Credible evidence to the Municipality Engineer 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 Municipality that the Applicant will adhere to all the applicable Laws concerning the installation of new poles.
5. If requested by the municipality a utility engineering study that satisfies the requirements of Section 917.14 and meets any additional plan submittal requirement of the Engineer.
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 Municipality 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 a utility engineering study that satisfies the requirements of Section 917.14 and meets any additional plan submittal requirements of the Municipality Engineer and also Credible information satisfactory to the Municipality 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 Municipality for:
1. Permit Fees;
2. Any loss, damage, or expense suffered by the Municipality as a result of Applicant's prior Construction in the Rights of Way or any Emergency actions taken by the Municipality.
3. Any Certificate of Registration issued to the Applicant/Person whose Facilities are being Constructed.
4. Any other money due to the Municipality 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 Municipality and subject to Chapter 917, for the additional Systems or any part of a System is required.
L. Upon request, the Municipality Engineer may modify or waive the information requirements if they are not necessary in evaluating the Construction Permit application. The Municipality Engineer may request applicable and pertinent additional information if it is necessary in evaluating the Construction Permit application.
(c) Issuance of Permit; Conditions.
(2) The Municipality may impose reasonable conditions upon the issuance of the Construction Permit and the performance of the Permittee thereunder in order to 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, and to minimize the disruption and inconvenience to the traveling public.
(d) Construction Permit Fees.
(1) The Municipality shall annually calculate Construction Permit Fees and appropriately revise any prior year’s Construction Permit Fees based upon the formula and calculations described in Section 917.13(d). Construction Permit Fees shall remain in effect until the Municipality’s next annual modification of the Construction Permit Fees.
(2) The Municipality, during the first quarter of each year, shall calculate all the actual and incurred Construction Permit issuance, inspection, oversight, enforcement and regulation costs for the previous calendar year including the value of the degradation and reduction in the useful life of the Rights of Way that will result from Construction that takes 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) The Municipality, shall total all the Construction Permit Fee receipts received in accordance with the scheduled fees required by the prior year’s Construction Permit Fees for the previous calendar year.
(5) The Municipality shall multiply the then currently codified Construction Permit Fees by the numerical factor as referenced in Section 917.13(d)(4) to calculate revised Permit Fees for the new calendar year .
(6) The Municipality shall act, in accordance with the results of Section 917.13(d)(5), to codify new annual Permit Fees by separate legislation enacted by Council by appropriately increasing or decreasing the previous years Permit Fees. Revised Permit Fees shall be effective upon passage. Any Permit requests pending on the date of any annual Permit Fee modification shall be subject to all new Permit Fees as modified.
(7) Except as provided in subsection Section 917.13(d)(8), no Construction Permit shall be issued without payment of Construction Permit Fees except to the Municipality which shall be exempt. Construction Permit Fees that were paid for a Permit that the Municipality has revoked due to breach and in accordance with the terms of Section 917.10 or 917.16(e) are not refundable.
(8) The Mayor may permit a Provider to make quarterly or annual payments of Construction Permit Fees based upon the Provider’s financial condition and past payment history. The quarterly or annual payments shall be due and payable within thirty (30) days of invoicing by the municipality. The Mayor may revoke this permission due to a change in financial condition, late payment, or other just cause.
(e) Joint Applications. Applicants are encouraged to submit joint 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.
(Ord. 2021-31. Passed 4-12-21.)