(a) Permit requirement.
(1) Except as otherwise provided in this Code, no person may construct in any right-of-way without first having obtained a permit.
(2) A construction permit allows the holder to construct in that part of the right-of-way described in the permit and to hinder free and open passage in the specified portion of the right-of-way by placing facilities as described therein, to the extent and for the duration specified therein.
(b) Permit applications.
(1) No permit shall be issued unless the following information has been provided:
A. Evidence that the applicant is a registrant or is authorized to apply for a permit on behalf of a registrant;
B. Submission of a completed permit application in the form required by the city, including all required attachments, and dimensioned, dated drawings showing the location and area of the proposed project and the location of all existing and proposed facilities;
C. If the applicant is proposing to rebuild or install overhead facilities, the utility shall provide evidence that surplus space is not available on existing utility poles along the proposed route;
D. If the applicant is proposing an underground installation in existing ducts or conduits within the right-of-way, information in sufficient detail to identify:
1. The excess capacity currently available in the ducts or conduits before installation of applicant’s facilities; and
2. The excess capacity, if any, that will exist in the ducts or conduits after installation of applicant’s facilities.
E. If the applicant is proposing an underground installation within new ducts or conduits to be constructed in right-of-way:
1. The location, depth, size and quantity of proposed new ducts or conduits;
2. The excess capacity that will exist in the ducts or conduits after installation of applicant’s facilities;
F. A construction schedule and completion date; and
G. Payment of all money due to the city for:
1. Prior construction permits issued to applicant;
2. Any loss, damage or expense suffered by the city as a result of applicant’s prior construction in the right-of-way or any emergency actions taken by the city; and
3. Any franchise or license issued to the registrant whose facilities are being constructed.
(2) No permits for service drops or minor maintenance work of short duration or limited scope shall be issued unless:
A. Conditions of divisions (b)(1)A., (b)(1)F. and (b)(1)G. above are met; and
B. Street locations of service drops or minor maintenance work are transmitted or called into the city, noting if paved surface removal or street crossings are involved.
(c) Issuance of permit; conditions.
(1) Prior to issuance of any permit, excluding permits for service drops or minor maintenance work of short duration or limited scope, the applicant shall conduct, at its expense, a subsurface utility study on the proposed route of construction or extension. The study shall include the following tasks:
A. Secure all available “as-built” plans, plats and other location data indicating the existence and approximate location of all underground facilities along the proposed construction route;
B. Visibly survey and record the location and dimensions of any above-ground features of all underground facilities along the proposed construction route, including, but not limited to, manholes, valve boxes, utility boxes, posts and visible street cut repairs;
C. Plot and incorporate the data obtained from completion of the tasks described in divisions (c)(1)A. and (c)(1)B. above on the permittee’s proposed system route maps, and plan sheets. The permittee shall provide the city with this information.
(2) A permittee shall belong to the one call line location system.
(3) The city may impose reasonable conditions upon the issuance of the permit to protect the public health, safety and welfare, to ensure 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. Protective measures and devices will be employed which are consistent with the Uniform Manual of Traffic Control Devices.
(4) The requirements of this division (c) shall apply to new construction only if the construction is located outside the area designated by the city’s design standards.
(d) Permit fees.
(1) The city may require prior payment of permit fees.
(2) Permit fees paid for a permit that has been revoked are not refundable.
(e) Joint applications.
(1) Applicants who make joint application for construction permits, for which construction is not performed by the city, may share in the payment of the permit fee.
(2) Applicants who apply for permits for the same construction, which is not performed by the city, may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each will pay and so indicate on their applications.
(1992 Code, § 35.5-4) (Ord. 55-99, passed 5-17-1999)