All persons seeking to perform work activity in the right-of-way which involves construction, reconstruction, installation, maintenance or repair of facilities or other activity which results in excavation in the right-of-way or involves the safety of the traveling public shall obtain a right-of-way permit from the Public Works Director.
(a) In the event of unexpected repair or emergency work, a person required to obtain a permit under this section may commence such repair and emergency work as required, provided that person notify the Public Works Director as promptly as possible before commencing or within twenty-four hours after commencing such repair or emergency work if advance notice is not practicable. Any person performing repair or emergency work under this section shall apply for a right-of-way permit within five days of commencing such work.
(1) Except in the case of an emergency, any provider who constructs in, on, above, within, over, below or through a rights-of-way without a valid right-of-way permit must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by the Code, deposit with the City the fees necessary to correct any damage to the rights-of-way and comply with all of the requirements of this chapter.
(b) Applications for permits under this chapter shall be submitted in a format to be determined by the Public Works Director and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate the following.
(1) The facilities will be constructed in accordance with all applicable codes, rules and regulations.
(2) 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 within the public ways. Included with the installation shall be tracer wire or another method acceptable to the City for the purpose of locating the facility during future construction activities.
(3) The location of all existing facilities which are within the public ways along the underground route proposed by the applicant, including, but not limited to, manholes, valve boxes, conduits, pipes, mains, utility boxes, posts, and visible street cut repairs.
(4) The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the public ways.
(5) The location and dimension of all trees within or adjacent to the public ways along the route proposed by the applicant.
(6) A preliminary construction schedule and completion date.
(7) A City approved traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the Ohio Manual of Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(8) If the applicant intends to install new facilities, evidence that there is no surplus space and evidence that the applicant has received an appropriate permit and is adhering to the City's Rules and Regulations.
(9) If applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way, the applicant must provide credible information satisfactory to the City to sufficiently detail and identify:
A. The location, depth, size, and quantity of proposed new ducts or conduits; and
B. The excess capacity for like or similar equipment that will exist in such ducts or conduits after installation of applicant's facilities.
(10) Payment of all money due to the City for:
A. Permit fees;
B. Any loss, damage, or expense suffered by the City as a result of applicant's prior construction in the rights-of-way or any emergency actions taken by the City,
C. Any certificate of registration issued to the applicant/person whose facilities are being constructed; and/or
D. Any other money due to the City from the applicant/person whose facilities are being constructed.
(11) When a right-of-way permit is requested for purposes of installing additional systems or any part of a system, the posting of a construction bond and removal bond, acceptable to the City and subject to this chapter, for the additional systems or any part of a system is required.
(12) Upon request, the Public Works Director may modify or waive the information requirements if they are not necessary in evaluating the right-of-way permit application. The Public Works Director may request applicable and pertinent additional information if it is necessary in evaluating the right-of-way permit application.
(13) If the applicant proposes an above-ground installation on existing poles within the rights-of-way, the applicant shall provide information satisfactory to the City to detail and identify:
A. The size and height of the existing poles;
B. The excess capacity available on the existing poles; and
C. The excess capacity for like or similar facilities that will exist on the poles after installation of the facilities proposed by the applicant.
(14) If the applicant proposes to install new poles within the rights-of-way, the applicant shall provide:
A. Evidence satisfactory to the City that it is not financially and/or technically practicable for the applicant to make an underground installation or locate its facilities on existing poles;
B. The location, size, height, color, and material of the proposed poles; and
C. Evidence satisfactory to the City that the applicant will adhere to all applicable laws concerning the installation of new poles.
All plan submissions shall be in accordance with the submission requirements as established and maintained by the Public Works Director. In cases such as major projects involving construction or relocation of multiple utilities or other facilities in the rights-of-way, situations where the structural integrity of surrounding facilities is at issue, or other such construction concerns, such plans, upon request of the Public Works Director, shall be certified by a State of Ohio registered professional engineer, or by the public utility as defined by Ohio R.C. 4905.03 as the right-of-way occupant, that the drawings, plans and specifications submitted comply with the applicable codes, rules and regulations. The Public Works Director shall specify the basis for requiring certification of the plans.
(c) Issuance of Permit.
(1) Upon submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the Public Works Director, if satisfied that the applications, plans and documents comply with all requirements of this chapter, shall issue a right-of-way permit authorizing work in the right-of-way, subject to such further conditions, restrictions or regulations affecting the reasonable time, place and manner of performing the work as he may deem necessary or appropriate. The Public Works Director may withhold the issuance of a permit if the applicant or owner has outstanding work covered under an expired permit.
(2) The permit shall expire 120 days from the date of issuance unless otherwise specified on the permit. An additional permit fee equal to the original permit fee assessed pursuant to division (o) of this section will be assessed for any work not completed within 120 days of the date of issuance of the permit or as required under divisions (i) or (k)(3) of this section.
(3) The City may impose reasonable conditions upon the issuance of the right-of- way permit and the performance of the permittee thereunder in order to protect the public health, safety and welfare, to insure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, and to minimize the disruption and inconvenience to the traveling public.
(d) Notice of Construction.
(1) Any person performing work in the right-of-way and subject to the provisions of this chapter must provide the City forty-eight hours' notice prior to beginning such work, except as otherwise permitted under division (a) of this section.
(2) Upon the issuance of a permit under this chapter, the City reserves the right to require a pre-construction meeting, the submission of a construction schedule, and/or the submission of a traffic control plan demonstrating that the protective measures and devices that will be employed are consistent with the Ohio Manual on Uniform Traffic Control Devices, latest edition, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(3) All permittees are required to cooperate with the City and with each other. All construction, locations, activities and schedules shall be coordinated, as ordered by the Public Works Director, to minimize public inconvenience, disruption or damages.
(e) All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Public Works Director and his representatives shall be provided access to the work and such further information as may be required to ensure compliance with such requirements.
(f) The permittee shall maintain a copy of the right-of-way permit and approved plans at the construction site, which shall be displayed and made available for inspection by the Public Works Director or his representatives at all times when construction work is occurring.
(g) If the right-of-way permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause, upon the request of the City, at the permittee's cost, the location of such facilities to be verified by a registered Ohio land surveyor, the person obtaining the permit, or an authorized representative of such person if it is a business entity. The permittee shall relocate any facilities which are not located in compliance with permit requirements.
(h) Upon order of the Public Works Director, all work which does not comply with the right-of-way permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed.
(i) The permittee shall promptly complete all construction activities so as to minimize disruption of the public ways and other public and private property. All construction work authorized by a permit within the public ways, including restoration, must be completed in a time period established by the Public Works Director not to exceed 120 days from the date of issuance of the right-of-way permit, unless specified otherwise on the permit.
(j) Within sixty days after completion of construction, the permittee shall furnish the City with one complete set of as-built plans certified to the City as accurately depicting the location of all facilities constructed pursuant to the permit.
(k) Inspection. When the construction under any permit hereunder is completed, the permittee shall notify the Public Works Director.
(1) The permittee shall make the construction site available to the inspector and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the construction.
(2) At the time of inspection, the inspector may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public, violates any law or which violates the term and conditions of the permit and/or this chapter.
(3) The inspector may issue an order to the permittee for any work which does not conform to the permit and/or applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. The order may be served on the permittee as provided in Section 907.21(d). An order may be appealed to the Public Works Director. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final. If not appealed, within ten days after issuance of the order, the provider shall present proof to the Public Works Director that the violation has been corrected. If such proof has not been presented within the required time, the Public Works Director may revoke the permit pursuant to division (n) of this section.
(l) Upon completion of any construction work the permittee shall, at its own expense, promptly repair any and all public ways and restore property improvements, fixtures, structures and facilities, which were damaged during the course of construction, as nearly as practicable to their condition before the start of construction.
(1) If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected public ways or property in accordance with standards established by the City. Such temporary restoration shall be at the permittee's sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(2) A permittee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local requirements for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property.
(3) If the Public Works Director approves the permittee's restoration of the project, such restoration shall be deemed reasonable and complete and the City shall not require further restoration work related to the project at a later date. The City shall reserve the right to provide conditional approval on restoration work where, in the opinion of the Public Works Director, the adequacy of such restoration may not be fully known at the time of completion.
(4) If the permittee fails to restore the rights-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all repairs required by the City, the City, at its option, may do such work, In that event, the permittee shall pay to the City, within thirty days of billing, the cost of restoring the rights-of-way and any other related costs incurred by the City. Upon failure to pay, the City may call upon any bond or letter of credit posted by permittee and/or pursues any and all legal and equitable remedies.
(5) By restoring the rights-of-way itself, the permittee guarantees its work and shall maintain it for twelve months following its completion. During this twelve month period, it shall, upon notification from the Public Works Director, correct all restoration work to the extent necessary using the method required by the Public Works Director. Weather permitting, said work shall be completed within five calendar days of the receipt of the notice from the Public Works Director, unless otherwise extended by the Public Works Director.
(m) Landscape Restoration. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, 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. A proper application to the City Tree Board for construction shall be made by the appointment through the Public Works Director.
(n) Revocation of Permits.
(1) Permittees hold permits issued pursuant to the Code as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any permit, without refunding any fees, in the event of a substantial breach of the terms and conditions of any law, or any provision or condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following:
A. The violation of any provision or condition of the permit;
B. An evasion or attempt to evade any provision or condition of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
C. Any material misrepresentation of fact in the application for a permit;
D. The failure to maintain the required construction or removal bonds and/or insurance;
E. The failure to obtain and/or maintain, when required, a certificate of registration;
F. The failure to complete the construction in a timely manner; or
G. The failure to correct a condition of an order issued pursuant to division (k)(3) of this section.
(o) Permit Fees. Each person applying for a permit shall pay a fee, as determined by the City, for its costs related to the application and inspection and review of the work performed in the rights-of-way. Such costs may include the costs of degradation and/or reduction of the useful life of rights-of-way.
(Ord. A-2853. Passed 4-11-16; Ord. A-2963. Passed 4-22-19.)