(a) Right-of-way minor maintenance permit requirement. No person shall perform minor maintenance of facilities in the right-of-way without first having obtained a right-of-way minor maintenance permit as set forth in this chapter. Minor maintenance means: (i) the routine repair or replacement of facilities with like facilities not involving construction and not requiring traffic control for more than two hours at any one location; (ii) the routine repair or replacement of facilities with like facilities not involving construction and taking place on thoroughfares and arteries between the hours of 9:00 a.m. and 3:00 p.m.; (iii) the routine repair or replacement of facilities with like facilities not involving construction on all right-of-ways, other than thoroughfares and arterials, that does not impede traffic, and is for a period of less than eight contiguous hours; (iv) construction other than on thoroughfares and arterials that takes less than eight contiguous hours to complete, does not impede traffic, and does not involve a pavement cut; (v) minor and/or non-material vegetation management/tree pruning. The Director may adopt Rules and Regulations pursuant to § 1054.18 that clarify the definition of minor maintenance and/or provide a process for a permittee to determine whether particular activity constitutes minor maintenance.
(1) A right-of-way minor maintenance permit allows the right-of-way minor maintenance permittee to perform all minor maintenance in any part of the right-of-way as required.
(2) A right-of-way minor maintenance permit is valid from the date of issuance until revoked by the Director.
(3) A right-of-way minor maintenance permit must be displayed or upon request produced within 12 business hours.
(4) A right-of-way minor maintenance permit by itself shall under no circumstances provide a permittee with the ability to cut pavement without seeking additional authority from the Director.
(b) Right-of-way minor maintenance permits are not required for the routine maintenance of wireless facilities, or the replacement of wireless facilities with wireless facilities that are consistent with the City's current design guidelines, and are either substantially similar to the existing wireless facilities or the same size or smaller than the existing wireless facilities.
(c) Right-of-way minor maintenance permit applications. Application for a right-of-way minor maintenance permit shall be made to the Director. In addition to any information required by the Director, all right-of-way minor maintenance permit applications shall contain, and will only be considered complete upon compliance with the following provisions:
(1) Credible evidence that the applicant has obtained a right-of-way occupancy permit or proof that the applicant has written authority to apply for a right-of-way minor maintenance permit on behalf of a party that has been issued a right-of- way occupancy permit.
(2) Submission of a completed right-of-way minor maintenance permit application in the form required by the Director.
(3) A statement that the applicant will employ protective measures and devices that, consistent with the OMUTCD, will prevent injury or damage to persons or property and to minimize disruptions to the efficient movement of pedestrian and vehicular traffic.
(d) Issuance of right-of-way minor maintenance permits; conditions.
(1) If the Director determines that the applicant has satisfied the requirements of this chapter and the right-of-way minor maintenance permit process, the Director shall issue a right-of-way minor maintenance permit subject to the provisions of this chapter.
(2) The city may impose reasonable conditions, in addition to the Rules and Regulations enacted by the Director, upon the issuance of the right-of-way minor maintenance permit and the performance of the right-of-way minor maintenance permittee thereunder in order to protect the public health, safety, and welfare, to insure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public.
(e) Right-of-way minor maintenance permit fees. The Director shall not charge a fee for the issuance of the right-of-way minor maintenance permit but may revoke the right-of-way minor maintenance permit as any other permit may be revoked under this chapter.
(Ord. 14-2018, passed 9-4-2018)