(a) An applicant for a Permit to allow construction, excavation, or Work in the Public Right-of-Way under this section shall:
(1) File a written application which shall include the following: the date of application; the name and address of the applicant; the name and address of the developer, contractor or subcontractor who shall perform Work in the Public Right-of-Way; the exact location of the proposed construction, excavation or Work activity; the type of existing public infrastructure (street pavement, curb and gutter, sidewalks or utilities) impacted by the Work; the purpose of the proposed Work; the dates for beginning and ending the proposed Work; proposed hours of Work; the lanes of traffic that will be obstructed, as well as the hours of days and number of days that the lanes are proposed to be obstructed.
(2) Include an affirmative statement that the applicant or its contractor is not delinquent in payments due the City on prior Work.
(3) Attach copies of all Permits or licenses (including required insurance, deposits, bonding, and warranties) required to do the proposed Work, and to Work in the public rights of way, if licenses or Permits are required under the laws of the United States, the State of Ohio, or the ordinances or regulations of the City. If relevant permits or licenses have been applied for but not yet received, provide a written statement so indicating. Copies of any such permits or licenses shall be provided to the City within forty-eight (48) hours after receipt.
(4) Provide a reasonable plan of Work showing protection and restoration of the subject property and adjacent properties.
(5) Provide a reasonable plan for the protection or restoration of any existing landscaping.
(6) Include a signed statement verifying that all orders issued by the City to the applicant, requiring the applicant to correct deficiencies under previous Permits issued under this ordinance, have been satisfied. Failure to correct prior deficiencies shall be cause for a denial of a new Permit.
(7) Include with the application engineering construction drawings or site plans for the proposed Work.
(8) Include with the application a traffic control and erosion protection plan for the proposed Work, consistent with the requirements of the City
(9) Identify any proposed joint use of the Facility; identify Facilities with which the proposed installations might conflict; and identify who will be available at all times during construction; the name, address and telephone number of a representative of the applicant.
(10) Applicant shall set forth the number of raceways to be reserved for applicant’ use in any ducts or conduits it proposes to install under the paved portions of Rights of Ways.
(11) Pay the Initial Review Fees prescribed by this chapter.
(12) Applicants shall update any new information on Permit applications within ten (10) days after any material change occurs.
(13) Joint Applications. Applicants may apply jointly for Permits to Work in public Rights-of-way at the same time and place. Applicants who apply jointly for Permits may share in the payment of the Permit fee. Applicants must agree among themselves as to the portion each shall pay.
(b) Required Excess Capacity. All plans that specify the installation of ducts or conduits under a paved portion of a Public-Right-of-Way shall be required to provide for Excess Capacity that is equal to or exceeds the total number of raceways identified by the Applicant for its present and future use. Such Excess Capacity shall be required to be installed where the ducts or conduits are being installed under the paved portion of the Rights-of-Way but not in other, unpaved, areas of the Rights-of-Way. No Application that does not include the Required Excess Capacity shall be approved.
(c) Applicants may apply for a determination that they are Vested Users. Vested Users shall be permitted to continue the established course of dealing for use of the Public Rights-of-Way without adhering the Application process set forth in this Chapter provided that and, conditioned upon adhering to the following criteria:
(1) Notify the City and share with Applicants and Permittees plans for future work in Public Rights-of-Way for purpose of coordinating work.
(2) Do not excavate in the paved portion of any Public Rights-of-Way that has been constructed, repaved or resurfaced within the past three years, except for an emergency.
(3) Continue to operate pursuant to the established course of dealing with the City.
Continuing the established course of dealing means that fees, applications, permits and conditions required by this Ordinance shall not be applicable, but that the previous standards of dealing with the City continue.
(d) Failure to provide the information provided above or any misrepresentation therein shall be cause for denial of the Permit if not corrected, or supplemented within a reasonable period from notice to Applicant of such deficiency.
(Ord. 14-2002. Passed 1-8-02.)