(a) Construction Permit.
(2) No construction, installation, maintenance or repair of Facilities or excavation in the Public Right-of-Way which disrupts the flow of traffic by causing a lane obstruction or closing of a public street shall commence or continue without obtaining a construction permit from the Building Commissioner as provided in this section.
(3) No construction permit is required for routine maintenance and new service orders that do not include excavation in a public street.
(4) No construction permit is required for any type of emergency work.
(b) Construction Permit Applications. Applications for permits to construct, or install Facilities, or excavate, shall be submitted upon forms provided by the City, and issued within ten (10) business days, upon the presentation of the following information, if applicable, and be accompanied by drawings, plans and specifications in sufficient detail to demonstrate the following:
(1) A preliminary construction schedule.
(2) That the Facilities will be constructed, installed, maintained or repaired, or the Public Right-of-Way excavated, in accordance with all applicable codes, rules and regulations.
(3) If the applicant is proposing to construct, install, maintain, repair or locate Facilities above ground, the location and route of all Facilities to be located or installed upon existing utility poles.
(4) 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, the specific location, including the horizontal and exact vertical depth 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 Public Right-of-Way. Included with the installation shall be magnetic and florescent tape placed at a minimum of one 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 City. The tape shall be marked with the type of Facility installed as approved by the City.
(5) The specific location, including the horizontal and exact vertical depth 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.
(6) The location(s), if any, for interconnection with the Facilities of other Service Providers.
(7) The construction methods to be employed for protection of existing structures, fixtures and Facilities in or adjacent to the Public Right-of-Way.
(8) The structures, improvements, Facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(9) The impact of construction, 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.
(10) 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.
(c) Construction Codes and Plans. Facilities shall be constructed, installed, repaired, operated, excavated and maintained in accordance with all applicable federal, state and local codes, rules, regulations and technical codes and plans including, but not limited to, the National Electrical Safety Code and ODOT's Uniform Manual of Traffic Control Devices and other applicable ODOT regulations.
(d) Record Drawings. Within sixty (60) days after completion of construction, the Service Provider shall furnish the City with three (3) complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all Facilities constructed pursuant to the permit. At such time, the Service Provider shall submit the record drawings in a digital format compatible with the City's current computer software.
(e) Restoration of Improvements and Landscape. 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, Facilities, landscaping, and trees which were damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
(f) Landscape Buffering. The Service Provider shall provide landscape buffering around any new Facilities which are constructed or installed in the Public Right-of-Way, according to the directives of the Planning Commission, after consideration of the traffic, pedestrian, and safety measures recommended by the City police department, pursuant to the mandatory referral provisions contained in Article VI, Section 3 of the City Charter.
(g) Construction and Completion Bond. Prior to issuance of a construction permit the Service Provider shall provide the City with a construction bond written by a corporate surety acceptable to the City equal to at least one hundred percent (100%) of the estimated cost of
constructing, installing or repairing the Service Provider's Facilities or excavation in the Public Right-of-Way of the City, or such lesser amount as the City may determine to adequately protect the City's interest. The construction bond shall be deposited with the City prior to commencing construction.
(1) The construction bond shall remain in force until eighteen (18) months after substantial completion of the work, as determined by the City, including restoration of Public Right-of-Way and other property affected by the construction.
(2) The construction bond 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 Right-of-Way and other property affected by the construction;
E. The submission of record drawings, in both 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 City for each construction permit, a Service Provider with the approval of the City may file an annual construction bond (or annual bond) in the form described above in an amount that the City may determine will adequately protect the City's interests as described above.
(4) Public utilities operating under a tariff issued by the State of Ohio and regulated by the Public Utilities Commission of Ohio shall be exempt from any construction bond requirements and shall be required only to notify the City of the appropriate contact person for claims regarding construction activities in accordance with their self-insurance program as established pursuant to state law and regulations. All public way fees and costs recoveries provided for hereunder shall be consistent with Ohio R.C. 4939.05, PUCO Regulations and Decisions of the Public Utilities Commission of Ohio which require that such costs be prorated over all users of the right-of-way including users that are governmental entities, including, but not limited to, the City itself.
(Ord. 46-18. Passed 7-23-18.)