§ 179.094 PERMIT — WHEN REQUIRED; NOT REQUIRED.
   (A)   Required. A permit shall be obtained from the Public Works Department prior to installing, placing, constructing or replacing as described in this subchapter, any improvement within any right-of-way or easement, including but not limited to the following: all jack and bores regardless of bore method used; all poles, regardless of design use; all aboveground improvements that create an obstruction. All security lights and street lights shall require a permit but shall be exempt from the right-of-way and easement use permit fee.
   (B)   Not required. A permit shall not be required for the following:
      (1)   Driveways. Refer to §§ 179.075 et seq.
      (2)   Franchisee. Only when the proposed improvement within the city right-of-way or easement meets all the following conditions:
         (a)   Will not disturb any paved areas.
         (b)   Will not disturb any other improvements in the area.
         (c)   Will not disturb vehicular or pedestrian traffic to any degree.
         (d)   Will not disturb an area larger than one hundred (100) square feet in any shape.
         (e)   Will not exceed a depth below grade of forty-eight (48) inches, except utility poles.
         (f)   Will be restored to a condition as good as or better than existed before the effort. The disturbed soil will be stabilized with like sod in front of developed areas or seed and mulch in front of undeveloped areas.
         (g)   Underground service connection, when the trench width is twelve (12) inches or less.
         (h)   Is not a jack-'n'-bore of any kind, regardless of intended method to be used.
      (3)   Work. When the effort of the proposed work will be confined within utility easements and not within rights-of-way and easements as defined in § 179.091.
('74 Code, § 20-95) (Ord. 93-03, passed 2-18-93) Penalty, see § 179.999