(a) Application for Permit of New Service Providers.
(1) Any Service Provider who does not currently have an existing system or facilities in the City's Public Right-of-Way and desires to construct a system, facilities or private facilities in the Public Right-of-Way or any service provider who is constructing a new system or reconstructing all or a portion of an existing system to provide new services, shall file an application with the City on a form provided by the City Administrator, which shall include the information in Section 712.03(a)(2) of this Chapter. The application fee shall be $250.00.
(2) Information Required for Application. Application forms will be provided by the City and shall require the following information:
A. The identity, legal status, and federal tax identification number of the Service Provider, including any affiliates.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the service provider's application statement and available at all reasonable times to be notified in case of emergency.
C. Evidence that the service provider is in compliance with the insurance, indemnity and performance bond requirements pursuant to Sections 712.03(d) of this Chapter.
D. Information and a preliminary construction schedule and completion date for, any capital improvements the service provider plans in the City's Public Right-of-Way for the twelve (12) months following the date of application, including:
1. A description clearly showing the location of all the proposed capital improvements, including horizontal and vertical information; facility type, size, depth, and capacity; or such other information the Director of Public Service determines is necessary. The service provider shall update all required information as soon as it becomes available. Documents submitted pursuant to this section for which the provider of such documents asserts are either confidential/proprietary information, or documents that fall within the United State's Patriot Act shall be marked as such on the documents when they are provided to the City. The City shall abide by ORC 149.433 as it relates to this section.
2. If the service provider is constructing a new system or reconstructing all or a portion of an existing system to provide new services, general description of the proposed system and the facilities utilized to provide the service that the service provider intends to offer or provide over the system within the City. Where a service will be provided by a nonaffiliated provider, the service provider shall identify that provider.
3. Information sufficient to determine that the service provider has applied for and received any certificate of authority required by PUCO or Ohio Department of Commerce to provide services or operate a system in the City.
4. Information sufficient to determine that the service provider has applied for and received any construction permit, operating license, certification, or other approvals required by the Federal Communications Commission to provide telecommunications or cable services over a system in the City.
E. Such other information as the City Administrator and Director of Public service may reasonably require.
(3) Facilities Maps. The City shall have the right to access and review all existing service provider's maps and/or plans showing the location of its facilities in the City's Rights-of- Way, upon ten (10) days written notice to the service provider.
(4) Application to be Kept Current. Each service provider shall keep all required registration information current at all times and shall provide the City with notice of changes to the required information within fifteen (15) days following the date on which the service provider has notice of such change.
(b) Application of Persons who are Current Service Providers In the City Right of Way.
(1) Permit of a person with existing facilities in the Public Right-of-Way on the effective date of this Chapter, shall register with the City within ninety (90) days of the effective date of this Chapter
(2) The initial permit for occupancy or use of the Public Right-of-Way is limited to the service or private service provider's existing facilities.
(3) A Person with these existing facilities is not relieved from compliance with this Chapter with respect to the ongoing occupancy or use of the Public Right-of-Way including, but not limited to, the insurance, indemnity, performance bond and application and annual registration requirements pursuant to Sections 712.03(d) of this Chapter.
(4) The service provider shall also provide:
A. That information that is required by Section 712.03(a)(2)A. to D.
B. A description of the access and line extension policies or a copy of their PUCO tariff, if not otherwise available on-line or via other method.
C. The area or areas of the City in which the applicant or service provider is currently providing service and a schedule for build-out of the entire area addressed by the permit, if applicable.
D. Evidence that the applicant or service provider has complied, or will comply, with indemnification and insurance requirements of this Chapter.
E. Information sufficient to determine that the applicant or service provider has received any certificate of authority required by the PUCO and/or FCC or Ohio Department of Commerce to operate a system and provide services in the City.
F. Such other and further information as may reasonably be requested by the City Administrator or the Director of Public Service.
G. Information to establish that the applicant has applied for all other governmental approvals and permits to construct and operate the facilities and to offer or provide the services.
(5) Application to be Kept Current. Each service provider shall keep all required registration information current at all times and shall provide the City with notice of changes to the required information within fifteen (15) days following the date on which the service provider has notice of such change.
(c) Construction Permit and Standards.
(1) Construction Permit.
A. No Person shall commence or continue with the construction, reconstruction, installation, maintenance or repair which involves excavation of facilities or excavation in the Public Right-of-Way without obtaining a construction permit from the Director of Public Service as provided in this Chapter, including but not limited to the following circumstances:
1. The construction of a new system;
2. 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;
3. Any reconstruction or replacement of facilities in the Public Right-of-Way;
4. Any construction, reconstruction, installation, or new service orders in the Public Right-of-Way. This subsection shall not apply to service connections (except for the cutting of any pavement) that do not cross the road or pavement. The service providers shall keep a log for all such service connections that do not require a permit as to the time and date of such installation and be made available to the City Administration when requested; or
5. Any maintenance, repair or service orders requiring the excavation of a Public Right of Way.
B. No construction reconstruction, installation, maintenance or repair of facilities, or excavation, in the Public Right-of-Way shall commence without first obtaining a construction permit.
C. The Director of Public Service may for good cause waive or modify the construction permit requirements for service providers with underground facilities whose routine maintenance of facilities requires excavation.
(2) Construction Permit Applications. Applications for permits to construct, reconstruct or install facilities, or excavate, shall be submitted upon forms provided by the City, and shall provide the following information, if applicable drawings, plans and specifications in sufficient detail to demonstrate:
A. Drawings, plans and specifications in sufficient detail to demonstrate 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. Drawings shall be of an appropriate size and scale to show in sufficient detail existing topography including all existing utilities, Right of Way Lines, easement, pavement, sidewalks, landscaping, etc. as necessary.
B. A preliminary construction schedule if available.
C. If the applicant is proposing to construct, reconstruct, install, or locate facilities above ground:
1. The service providers shall comply with the National Electrical Service Code requirements and regulations as it regards the existing utility poles.
2. The service provider shall provide location and route of all facilities to be located or installed on existing utility poles.
D. The service provider shall provide detailed design plans confirming proposed construction, repair and replacement of said facilities are in accordance to the City of Oregon Design Guidelines For Utility Facilities In The Right-Of-Way (latest addition) and the City of Oregon Application to Work In The Right-Of-Way Permit (latest addition) requirements.
E. 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, regardless of installation method, the applicant shall provide the location, depth, and route of all facilities to be located under the surface of the ground, including the line alignment and proposed depth proposed for the burial at all points along the route which are in the Public Right-of-Way. Included with the installation shall be an approved method to field identify the location of their facility as approved by the Director of Public Service.
F. The location of all known existing underground utilities, conduits, ducts, pipes, mains and installations that are in the Public Right-of-Way along the underground route proposed by the applicant. Documents submitted pursuant to this section for which the provider of such documents asserts are either confidential/proprietary information, or documents that fall within the United State's Patriot Act shall be marked as such on the documents when they are provided to the City. The City shall abide be ORC 149.433 as it relates to this section.
G. The construction methods to be employed for protection of existing structures, fixtures and Facilities in or adjacent to the Public Right-of-Way.
H. The structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
I. 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.
J. The name of contractor, if available, actually responsible for performing the work and contact information for person(s) with utility company responsible for overseeing the contractor. Contractor shall provide proof of liability insurance or performance bond to city.
(3) 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.
(4) Traffic Control Plan. All Permit applications which involve a lane obstruction or work on, in, under, across or along any Public Right-of-Way may be required to be accompanied by a traffic control plan at the discretion of the Public Service Director demonstrating the protective measures and devices that will be employed, consistent with the Ohio Manual of Uniform Traffic Control Devices and other applicable ODOT and local regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The Director of Public Service may require the service provider to use and employ the City Police Force for traffic control at the service provider's cost.
(5) Issuance of Permit. Within ninety (90) days for all new structures and within sixty (60) days for all existing structures after submission of all plans and documents required of the applicant, the Director of Public Service, 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 Director of Public Service may deem necessary or appropriate. Such ninety (90) days for new structures and sixty (60) days for existing structures period shall begin after all submissions are deemed by the Director of Public Service to be in accordance with the requirements of, including information submitted in the form required by this Chapter.
(6) 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 Director of Public Service, to minimize public inconvenience, disruption or damages.
(7) Modification of Construction Schedule. The service provider may modify the construction schedule at any time provided that advance written notice is given to the Director of Public Service as soon as possible. The service provider shall further notify the Director of Public Service and the Ohio Utility Protection Service (OUPS) as soon as possible in advance of any excavation or work in the Public Right-of-Way.
(8) Least Disruptive Technology. To the extent reasonably possible, which shall take into consideration cost, 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 Director of Public Service 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.
(9) 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 Director of Public Service shall be provided access to the work and such further information as he or she may require ensuring compliance with such requirements. Field changes may be approved by the Director of Public Service if such changes are determined to be necessary due to site conditions or other changed circumstances.
(10) 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 Director of Public Service at all times when construction work is occurring.
(11) Joint Applications. Any service provider planning a capital improvement may submit a joint application for (1) permit to occupy or use the Public Right-of-Way pursuant to Section 712.03
and, (2) a construction permit. The City is not required to take action on the construction permit until ten (10) days after granting a permit to occupy or use the Public Right- of-Way.
(12) Noncomplying Work. Upon order of the Director of Public Service, 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 shall be immediately removed and/or corrected by the service provider.
(13) Restoration of Improvements. Upon completion of any construction work, the service provider shall promptly repair any and all Public Rights-of-Way and provide property improvements, fixtures, structures and facilities which were damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
(14) Landscape Restoration.
A. 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.
B. All restoration work within the Public Right-of-Way shall be done in accordance with landscape plans approved by the Director of Public Service.
(15) 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.
(16) Recovery of Costs. The City shall be entitled to recover all of its costs from the owner or service provider directly relating to any and all enforcement of construction permits issued under this section per a fee schedule established by the Director of Public.
(d) Service Provider Insurance. As a condition of authorizing a permit to occupy or use the Public Right-of-Way, a service provider must secure and maintain, at a minimum, the following liability insurance policies insuring both the service provider and the City, and its elected and appointed officers, officials, agents, employees and representatives as additional insureds:
(1) Comprehensive general liability insurance with limits not less than
A. Five Million Dollars ($5,000,000) for bodily injury or death to each Person;
B. Five Million Dollars ($5,000,000) for property damage resulting from any one accident; and
C. Five Million Dollars ($5,000,000) for all other types of liability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of Three Million Dollars ($3,000,000) for each Person and Three Million Dollars ($3,000,000) for each accident.
(3) Worker's Compensation within statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000).
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than Three Million Dollars ($3,000,000).
(5) The liability insurance policies required by this Section shall be maintained by the service provider throughout the period of time during which the service provider is occupying or using the Public Right-of-Way, or is engaged in the removal of its facilities. Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City, by registered mail, of a written notice addressed to the City Administrator of such intent to cancel or not to renew."
(6) Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the service provider shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section.
(7) Upon written application to, and written approval by, the City Administrator, a service provider may be self-insured to provide all of the same coverages as listed in this Section; except that all coverages for Workers' Compensation shall be in compliance with state law. No approval for self- insurance shall be given until the City Administrator has made a complete review of the service provider's financial ability to provide such self-insurance. As part of the review process, the City Administrator may require, and the self- insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant's ability to meet the needs of this Chapter.
(8) General Indemnification. Each application for consent to occupy or use the Public Right-of-Way, and each annual registration, shall include, to the extent permitted by law, the service provider's express undertaking to defend, indemnify and hold the City and its elected and appointed officers, officials, employees, agents, representatives and subcontractors harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the service provider or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, reconstruction, installation, operation, maintenance, repair or removal of its system or facilities, and in providing or offering services over the facilities or system, whether such acts or omissions are authorized, allowed or prohibited by this Chapter.
(Ord. 043-2017. Passed 3-13-17.)