(a) Construction Permit.
(1) No Construction Permit is required for Routine Maintenance and New Service Orders that do not include Excavation in a Public Street.
(2) No Person shall commence or continue with the Construction or Reconstruction of Facilities or Excavation in the Right-of-Way without obtaining a Construction Permit from the Director of Public Service as provided in this Section, including but not limited to 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 Village not currently serviced by that Service Provider; not including New Service Orders unless a Public Street will be Excavated;
C. The relocation or replacement of more than two hundred (200) lineal feet of a Service Provider's existing System or Facilities in the Right-of-Way;
D. Any Construction, Reconstruction or replacement of Facilities or New Service Orders in the Right-of-Way requiring more than one (1) working day to complete; or
E. Any Construction, Reconstruction or New Service Orders requiring the Excavation of a Public Street.
(3) No Construction Permit shall be issued for the Construction or Reconstruction of Facilities, or Excavation, in the Right-of-Way unless the Service Provider has obtained consent from the Village to Use or Occupy that portion of the Right-of-Way and filed a current registration pursuant to Sections 933.02 and 933.03 of this Chapter.
(4) The Mayor may waive or modify, as reasonably required, the construction permit requirements for Service Providers with Underground Facilities whose routine maintenance of Facilities requires Excavation.
(b) Construction Permit Applications. Applications for Construction Permits shall be submitted upon forms provided by the Village and be accompanied by relevant drawings, plans and specifications in sufficient detail and include the following information:
(1) A preliminary construction schedule.
(2) Above-Ground 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) Underground Facilities.
A. If the applicant is proposing new Underground Facilities in existing ducts, pipes or conduits in the Right-of-Way, information in sufficient detail to identify:
(i) The Excess Capacity currently available in such ducts or conduits before the installation of the applicant's Facilities.
(ii) The Excess Capacity, if any that will exist in such ducts or conduits after installation of the applicant's Facilities.
B. If the applicant is proposing new Underground Facilities in new ducts or conduits to be Constructed in the Right-of-Way:
(i) The location and depth proposed for the new ducts or conduits; and
(ii) The Excess Capacity that will exist in such ducts or conduits after installation of the applicant's Facilities.
C. 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 Director of Public Service. The tape shall be marked with the type of Facility installed.
D. 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.
(4) The location(s), if any, for interconnection with the Facilities of other Service Providers.
(5) The construction methods to be employed to protect existing structures, fixtures and Facilities in or adjacent to the Right-of-Way.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) Any other information the Director of Public Service may reasonably request related to the Service Provider's application for a Construction Permit.
(c) 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.
(d) Issuance of Permit. Within ten (10) business days 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 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 Director of Public Service may deem necessary or appropriate. The ten (10) business day period shall begin after the Director of Public Service deems all submissions to be complete and in accordance with the requirements of this Chapter.
(e) Modification of Construction Schedule. The Service Provider may modify the construction schedule at any time provided that forty-eight (48) hours advance notice is given to the Director of Public Service. The Service Provider shall further notify the Director of Public Service and the Ohio Utility Protection Service (OUPS) not less than forty-eight (48) hours in advance of any Excavation or work in the Right-of-Way.
(f) 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 Director of Public Service for good cause, Service Providers Constructing or Reconstructing Underground Facilities shall utilize Trenchless Technology, including, but not limited to, horizontal drilling, directional boring, and microtunneling, if technically and/or technologically feasible.
(g) 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 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 Director of Public Service if such changes are determined to be necessary due to site conditions or other changed circumstances.
(h) 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 whenever Construction work is occurring.
(i) 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 be immediately removed and/or corrected by the Service Provider.
(j) Record Drawings. Within sixty (60) days after completion of Construction, the Service Provider shall provide the Village with two (2) complete sets of plans, drawn to scale and certified to the Village as accurately depicting the location of all Facilities Constructed pursuant to the Permit. If required by the Village, the Service Provider shall submit the Record Drawings in a digital format compatible with the Village's computer software, in accordance with Section 933.05(f).
(k) Restoration of Improvements. Upon completion of any Construction work, the Service Provider 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.
(l) 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 Director of Public Service.
(m) Construction and Completion Bond. Prior to issuance of a Construction Permit the Service Provider shall deposit with the Village a Construction Bond written by a corporate surety acceptable to the Village equal to at least one hundred percent (100%) of the estimated cost of Constructing or Reconstructing the Service Provider's Facilities or Excavation in the Right-of-Way of the Village, or such lesser amount as the Mayor may determine to adequately protect the Village's interest.
(1) The Construction Bond shall remain in force until eighteen (18) months after substantial completion of the work, as determined by the Director of Public Service, including restoration of Right-of-Way and other property affected by the Construction.
(2) The Construction Bond shall guarantee, to the satisfaction of the Village:
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 Village;
D. Restoration of the Right-of-Way and other property affected by the Construction;
E. The submission of Record Drawings, in written and digital format, after completion of the work as required by this Chapter; and
F. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(3) In lieu of filing a Construction Bond with the Village for each Construction Permit, a Service Provider with the approval of the Mayor may file an Annual Construction Bond (or Annual Bond) in the form described above in an amount that the Mayor may determine will adequately protect the Village's interests as described above.
(4) Any draw upon the Construction Bond to recover the Village's costs related to a Service Provider's use of the Public 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 Mayor in accordance with Chapter 4939 and any other applicable law.
(n) Responsibility of Owner. The owner of the Facilities to be Constructed or Reconstructed and, if different, the Service Provider, are responsible for performance of and compliance with all provisions of this Section.
(Ord. 65-2017. Passed 11-6-19.)