902.08 CONSTRUCTION PERMIT AND STANDARDS.
   (a)   Construction Permit.
      (1)   A Service Provider or Contractor shall obtain a Construction Permit from the City Engineer as provided in this Section, prior to commencing or continuing any Construction or Reconstruction of Facilities in the Right-of- Way under 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 Right-of-Way in an area of the City not currently serviced by that Service Provider; not including New Service Orders;
         C.   Any Construction or Reconstruction of Above-Ground Facilities in the Right-of-Way; or
         D.   Any Capital Improvement, Construction, Reconstruction or replacement of Facilities, Routine Maintenance or New Service Orders in the Right-of-Way requiring more than three (3) working day to complete.
      (2)   No Construction Permit shall be issued for the Construction or Reconstruction of Facilities, or Excavation, in the Right-of-Way unless the Service Provider and/or Contractor has obtained consent from the City to Use or Occupy the Right-of-Way and whose registration is in good standing pursuant to Sections 902.02 and 902.03 of this Chapter.
      (3)   No Construction Permit Required. Except as provided in subsection (a)(1)C. and D. above, no Construction Permit is required for Routine Maintenance and New Service Orders.
   (b)   Construction Permit Applications. Applications for Construction Permits shall be submitted upon forms provided by the City and accompanied by relevant drawings, plans and specifications in sufficient detail and include the following information:
      (1)   A preliminary construction schedule.
      (2)   Overhead Facilities. If the applicant is proposing to Construct or Reconstruct Overhead Facilities:
         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)   Above-Ground Facilities. If the Applicant is proposing to install Above- Ground 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.
      (4)   Underground Facilities.
         A.   If the applicant is proposing new Underground Facilities in new ducts or conduits to be Constructed in the Right-of-Way:
            1.   The location and depth proposed for the new ducts or conduits; and
            2.   The Excess Capacity that will exist in such ducts or conduits after installation of the applicant’s Facilities.
         B.   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 Right-of-Way. Included with the installation shall be magnetic and florescent tape placed at a minimum of one (1) 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, or other such location device as approved by the City Engineer. The tape shall be marked with the type of Facility installed.
         C.   The location of all known existing underground utilities, conduits, ducts, pipes, mains and installations that are in the Right-of-Way along the underground route proposed by the applicant.
      (5)   The location(s), if any, for interconnection with the Facilities of other Service Providers.
      (6)   The construction methods to be employed to protect existing structures, fixtures and Facilities in or adjacent to the Right-of-Way.
      (7)   The structures, improvements, Facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate, and any necessary plans for their restoration.
      (8)   The impact of Construction or Reconstruction of Facilities on trees and landscaping in or adjacent to the Right-of-Way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees, landscaping or areas disturbed during Construction.
      (9)   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.
      (10)   An attestation that the Facilities will be Constructed or Reconstructed, or the Right-of-Way Excavated, in accordance with all applicable codes, rules and regulations.
      (11)   Any other information the City Engineer may reasonably request related to the Service Provider or Contractor’s application for a Construction Permit.
   (c)   Issuance of Permit. No later than ten (10) business days after submission of all plans and documents required of the 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 or Reconstruction of the Facilities, or Excavation in the 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. The ten (10) business day period shall begin after the City Engineer deems all submissions to be complete and in accordance with the requirements of this Chapter.
   (d)   Construction Codes. Facilities shall be Constructed, Reconstructed and Excavated 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.
   (e)   Barriers and Warning Devices.
      (1)   Any time a Construction Permit is issued pursuant to Section 902.08, the Service Provider or Contractor during the Excavation and prior to completing Construction, shall provide suitable barriers, warning devices and/or lights, all of which shall be in accordance with the City Engineer’s direction.
      (2)   If the City Engineer determines that the items specified in subsection (e)(1) hereof are insufficient and a flagman is required, the Service Provider or Contractor shall provide the City Engineer with evidence that a flagman will be on duty to direct traffic at times when the City Engineer deems necessary or appropriate.
   (f)   Notification of Police Division. Upon the issuance of a Construction Permit, the City Engineer shall notify the Police Division, if needed, of the location, time and duration of the Excavation, so that the Police Division can make appropriate preparation for traffic control in the area of the Excavation.
    (g)   Modification of Construction Schedule. A Service Provider or Contractor may modify the construction schedule at any time provided that advance notice is given to the City Engineer as soon as reasonably practicable.
   (h)   Least Disruptive Technology. To the extent reasonably possible, all Facilities shall be Constructed or Reconstructed in the manner resulting in the least amount of damage and disruption of the Right-of-Way. Unless otherwise authorized by the City Engineer for good cause, the Construction or Reconstruction of 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 Engineer shall have 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 Engineer whenever Construction work is occurring.
   (k)   Noncomplying Work. Upon order of the City Engineer, 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 be immediately removed and/or corrected by the Service Provider or Contractor.
   (l)   Record Drawings. Within forty-five (45) days after completion of Construction, the Service Provider or Contractor shall provide 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. If required by the City, Record Drawings shall be submitted in a digital format compatible with the City’s computer software.
   (m)    Maintenance of Landscaping or other Aesthetic Requirements. Any Service Provider or Contractor with a Construction Permit that includes a landscaping, screening and/or other aesthetic requirement in connection with the placement of any structure or item above the ground in the Right-of-Way, shall maintain the landscaping, screening and/or other aesthetic requirement, on a continuing basis, in the manner specified in the Construction Permit or other manner as approved in writing by the City Engineer.
   (n)   Restoration of Improvements. Upon completion of any Construction work, the Service Provider or Contractor shall promptly repair any and all Rights-of-Way, property improvements, fixtures, structures and Facilities which were damaged during the course of Construction, and restore them as nearly as practicable to their prior condition.
   (o)   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.
      (2)   All restoration work within the Right-of-Way shall be done in accordance with landscape plans approved by the City Engineer.
   (p)   Construction and Completion Bond. If the City Engineer reasonably determines that extraordinary circumstances related to an application for a Construction Permit or series of Construction Permits requires a bond, in addition to the Performance Bond deposited with the City pursuant to Section 902.04(c) of this Chapter, to adequately ensure the City’s ability to manage its Rights-of-Way related to the Service Provider or Contractor’s Construction Permit or Permits, the City may require the Service Provider or Contractor to obtain and file a Construction Bond with the City that ensures the Service Provider or Contractor’s full and complete compliance with, and performance under the Construction Permit or Permits, this Chapter and the City’s Codified Ordinances, including any costs, expenses, damages or loss the City pays or incurs due to any failure attributable to the Service Provider or Contractor to comply with the Construction Permit, this Chapter or the City’s Codified Ordinances.
      (1)   The Construction Bond shall be written by a corporate surety acceptable to the City and equal to at least one hundred percent (100%) of the estimated cost of the Construction that is the subject of the Construction Permit or Permits, or such lesser amount as the City Engineer may determine to adequately protect the City’s interest.
      (2)   The form of the Construction Bond shall be subject to the reasonable approval of the Director of Law. A Service Provider or Contractor required to obtain a Construction Bond under this Section may file an appeal pursuant to Section 902.10 of this Chapter.
      (3)   Any draw upon the Construction Bond to recover the City’s costs related to a Service Provider’s or Contractor’s use of the Right-of-Way shall be considered Public Way Fees as that term is defined in Chapter 4939 of the Ohio Revised Code and shall be assessed by the City Engineer in accordance with Chapter 4939 and any other applicable law.
   (q)   Responsibility of Owner. The owner of the Facilities to be Constructed or Reconstructed and, if different, the Service Provider, is responsible for performance of and compliance with all provisions of this Section.
(Ord. 2007-124. Passed 12-18-07.)