(A) General. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within a public right-of-way, except as provided in divisions (B) through (O) below and with all applicable codes, rules and regulations.
(B) Construction codes. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the National Electrical Code and the National Electrical Safety Code.
(C) Construction permits. No person shall construct or install any telecommunications facilities within a public right-of-way without first obtaining a construction permit and paying the construction permit fee established in division (G) below. No permit shall be issued for the construction or installation of telecommunications facilities within a public right-of-way:
(1) Unless the telecommunications carrier has first filed a registration statement with the city pursuant to § 51.04 of this chapter and, if applicable; and
(2) Unless the telecommunications carrier has first applied for and received a franchise pursuant to § 51.07 of this chapter.
(D) Permit applications. Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) The facilities will be constructed in accordance with all applicable codes, rules and regulations;
(2) The facilities will be constructed in accordance with the franchise agreement;
(3) The location and route of all facilities to be installed aboveground or on existing utility poles;
(4) The location and route of all new facilities on or in the public rights-of-way 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 within the public rights-of-way. Existing facilities shall be differentiated on the plans from new construction;
(5) The location of all of applicant’s existing underground utilities, conduits, ducts, pipes, mains and installations, which are within the public rights-of-way along the underground route proposed by the applicant. A cross-section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right-of-way; and
(6) The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the public rights-of-way and description of any improvements that applicant proposes to temporarily or permanently remove or relocate.
(E) Applicant’s verification. All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.
(F) Construction schedule. All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the city.
(G) Construction permit fee. Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount consistent with this chapter or as otherwise determined by resolution of the City Council. Such fee shall be designed to defray the costs of city administration of the requirements of this chapter.
(H) Issuance of permit. If satisfied that the applications, plans and documents submitted comply with all requirements of this chapter and the franchise agreement, the city shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as it may deem necessary or appropriate.
(I) Notice of construction. Except in the case of an emergency, the permittee shall notify the city not less than two working days in advance of any excavation or construction in the public rights-of-way.
(J) Compliance with permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city and its representatives shall be provided access to the work site and such further information as it may require to ensure compliance with such requirements.
(K) Non-complying work. Subject to the notice requirements in § 51.06(D) of this chapter, all work which does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the permittee.
(L) Completion of construction. The permittee shall promptly complete all construction activities so as to minimize disruption of the city rights-of-way and other public and private property. All construction work within city rights-of-way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved pursuant to the schedule submitted and approved by the appropriate city official as contemplated by division (F) above.
(M) As-built drawings. If requested by the city, the permittee 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 telecommunications facilities constructed pursuant to the permit. These plans shall be submitted to the City Engineer or designee within 60 days after completion of construction, in a format mutually acceptable to the permittee and the city.
(N) Restoration of public rights-of-way and city property.
(1) When a permittee, or any person acting on its behalf, does any work in or affecting any public rights-of-way or city property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to good order and condition unless otherwise directed by the city and as determined by the City Engineer or designee.
(2) If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rights-of-way or property. Such temporary restoration shall be at the permittee’s sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule shall be subject to approval by the city.
(3) If the permittee fails to restore rights-of-way or property to good order and condition, the city shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights-of-way or property. If, after said notice, the permittee fails to restore the rights-of-way or property to as good a condition as existed before the work was undertaken, the city shall cause such restoration to be made at the expense of the permittee.
(4) A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights-of-way or property.
(O) Performance and completion bond. Unless otherwise provided in a franchise agreement, a performance bond or other form of surety acceptable to the city equal to at least 100% of the estimated cost of constructing permittee’s telecommunications facilities within the public rights-of-way of the city shall be provided before construction is commenced.
(1) The surety shall remain in force until 60 days after substantial completion of the work, as determined in writing by the city, including restoration of public rights-of-way and other property affected by the construction.
(2) The surety 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 rights-of-way and other property affected by the construction; and
(e) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(Prior Code, § 3.25.035) (Ord. 258, passed 2-1-1999)