Application for a permit required by § 92.02 shall be addressed to the City Secretary and made on a form furnished for that purpose, detailing the extent, character and purpose of any construction activity or other work to be performed.
(A) Permits required. The owner or contractor for all construction activity, installations and similar activities must have applied for and have been issued all of the permits required for the work. A permit shall not be required from any holder of a franchise, license or holder of a permanent occupation permit to perform any minor alteration of an existing facility necessary to initiate service, repair service or for routine maintenance to an individual customer's property unless the repair or maintenance requires excavation or temporary closure of nonresidential traffic lanes. The types of activities which must have a permit issued pursuant to this chapter are as follows.
(1) Excavation of right-of-way or street. Any person considering excavation, cutting, boring, digging or demolition activity in, over, under, through, along or across the streets or rights-of-way shall, in advance of same, submit a design plan to the city for review and comment and shall secure proper permits and/or approvals and pay the fees as required.
(2) Construction activity in right-of-way or street. Any person considering adding, repairing, removing or altering any facility or foliage, whether owned by the person or not, in, over, under, through, along or across the streets or rights-of-way within the city limits shall in advance of same, submit a design plan to the city for review and comment and shall secure proper permits and/or approvals and pay the fees as required.
(3) Permanent structures occupying rights-of-way or streets. The owner of all permanent structures, appurtenances or facilities, located in, over, under, through, along or across the streets or rights-of-way shall, in advance of installation, placement or construction thereof, submit a design plan and specifications as required herein and as required by the Building Inspector for review and comment, and shall secure the proper permits and/or approvals and pay fees as required. The owners of permanent structures, appurtenances or facilities located in, over, under, through, along or across the streets or rights-of-way at the time of passage of this subchapter shall have 60 days to submit an application for a permit and secure the permit before enforcement action may be taken. One application may include all the owner's permanent structures, appurtenances and facilities that are located in, over, under, through, along or across the streets or rights-of-way of the city.
(4) Temporary obstruction of the right-of-way or street. Any person desiring to temporarily occupy or obstruct any portion of any street or right-of-way for the purpose of placing thereon material or rubbish for or from construction activities, obstructing any portion of any street or right-of-way for any purpose whatsoever connected with any construction activities or erection, installation, removal, alteration or repair of any facility or other structure or excavation that will temporarily obstruct any street or right-of-way, shall apply to the Building Inspector for a permit for the temporary obstruction and shall secure the proper permits, approvals and pay fees as required.
(B) Permit fees. In the event an application is made for a permit to perform any construction activity in any of the streets or rights-of-way, the permit shall be subject to the following permit fees to cover the costs and expenses of the city. Acceptance of any permit shall constitute an acceptance by the permittee of the conditions of the permit and any of the obligations and duties to repair any cut, damage, injury or excavation in full compliance with the requirements set forth in Appendix A at the end of this chapter. Payment for each permit shall be made with the application for the permit. No permit shall be issued for less than the required permit fee.
(1) Construction permit minimum fee. The fee for each permit required pursuant to this chapter for any construction activities, other than excavations, including but not limited to, installation, removal, repair, addition or other alteration of any facilities or foliage in the rights-of-way or streets shall be $250, plus the amount of any other permit fees and any engineering or other professional fees reasonably incurred by the city for and with respect to the permit. In the event that the permit is recommended for issuance, an additional fee of $50 per calendar month for the duration of the permit shall be paid in advance prior to issuance of the permit for the purpose of inspecting the site during the construction process.
(2) Excavation permit minimum fee. The fee for each permit required pursuant to this chapter for any drilling, boring, cutting or otherwise any excavation of any portion of the rights-of-way or streets shall be $250, plus the amount of any other permit fees and any engineering or other professional fees reasonably incurred by the city for and with respect to the permit. In the event that the permit is recommended for issuance, an additional fee of $50 per calendar month for the duration of the permit shall be paid in advance prior to issuance of the permit for the purpose of inspecting the site during the excavation process.
(3) Professional fees. In addition to the above permit fees, the city shall be fully reimbursed for all reasonable costs associated with activities in the streets or rights-of-way pursuant to this chapter that require inspection, plan review or any other reasonable overview or action by an engineer or other professional. All engineer and other professional fees shall be paid prior to issuance of a permit. Permits shall not be issued to, and may not be maintained by, any person owing engineer or other professional fees to the city.
(4) Plumbing permits fees. Any person who desires to install, repair or alter any pipes lines, tubes or pipes for which any water, solid waste, gas, oil or other product may flow, in or under the rights-of-way or streets shall submit to the Building Inspector the plans and specifications showing the proposed improvements. It shall be the duty of the Building Inspector, when the plans and specifications have been submitted, to cause a qualified plumbing inspector to make an inspection of the proposed improvements. An inspection fee equal to the estimated time required for the inspections multiplied by 1.2 times the cost per hour of the plumbing inspector shall be paid by the applicant before the permit is issued.
(5) Electrical permit fees. Any person who desires to build, erect, alter, install, repair or remove any poles, posts, towers or other similar facilities for which any wires, cables, electrical wires or transmission media are located or will be located shall submit to the Building Inspector plans and specifications showing the proposed improvements and existing conditions on the poles, posts, towers or such similar facility. It shall be the duty of the Building Inspector, when the plans and specifications have been submitted, to cause a qualified electrical inspector to make an inspection of the proposed improvements. An inspection fee equal to the estimated time required for the inspections multiplied by 1.2 times the cost per hour of the electrical inspector shall be paid by the applicant before the permit is issued.
(6) Certificate of occupation fees. The fee for each certificate of occupation required pursuant to this chapter for a permanent structure to occupy any right-of-way or streets shall be $1, per year per linear foot of street or right-of-way so occupied and the fee shall be paid in advance annually from the original date of the issuance of the certificate of occupation.
(7) Fee for temporary obstruction of the right-of-way. A fee and special assessment for temporary obstruction or occupation of any right-of-way or street shall be $100 per day of obstruction, to reimburse the city for costs of increased supervision and overview of the sight while the obstruction exists, plus any costs or charges for special assignment of police officers to monitor, escort or otherwise provide services to help protect the public from the construction activities or excavation and any other similar expenses reasonably incurred by the city for and with respect to the temporary obstruction. The requirement shall not excuse, diminish or waive the duty of the owner or contractor to conduct any such obstruction or excavation, and to erect warning signs, devices and barricades, in a manner to protect the general public, pedestrians and motorist.
(C) Duration. All activities or construction authorized by a permit issued under this subchapter shall be commenced within six months after the date of issuance of the permit and thereafter be continuously prosecuted to completion, or the permit shall be void and the person to whom the permit was issued must make a new application before commencing or continuing any further activities or construction. Each permit issued shall be issued for a specific time period with a maximum period of one year, after which period the permit shall be void and the person to whom the permit was issued must make a new application for a new permit for each succeeding year or portion thereof. If the permit is allowed to expire, the person shall apply for and procure a new permit, paying the fee therefore as before, prior to proceeding with any work.
(D) Applications. Applications for permits required by this subchapter shall be made to the Building Inspector and must be made in writing by the person to do the work, the contractor, or his or her authorized agent, that will be submitted in duplicate upon forms provided to the Building Inspector for that purpose. An application for the permit may be deposited at the office of the City Secretary for delivery to and action by the Building Inspector. The application shall contain:
(1) Date application is submitted; name, address, phone, fax and other pertinent information of owner(s) and name of all contractor(s), including subcontractors, employed or that will be employed, to perform any portion of any construction activity or excavation; name of person actually presenting the application to the Inspector; name, address, phone, fax and other pertinent information of the person(s) designated to be the 24-hour contact or emergency contact at all times while the permit is active [the applicant must immediately notify the Building Inspector in writing, if the emergency contact changes, and no later than 24 hours after the change, to maintain an active permit]; exact location and legal description of any property, streets or rights-of-way where the construction activities or excavation is proposed to occur; to the extent that information can be reasonably obtained, all design plans shall show the location of other permanent structures, facilities and utilities which will be crossed or paralleled within eight feet of the location of the proposed permanent structure and identify the owner(s) thereof, including the topography of the area to be affected, and other development and protective measures, considered necessary to create a reasonable transition to, and protection of, the adjacent property and facilities;
(2) A fee, appropriate to the number and kinds of installations, alterations, removals or construction activities to be made or activities to be performed;
(3) Proof of liability insurance or bond in the amount of not less than $500,000 personal injury and property damage:
(a) An applicant must provide proof of liability insurance in the required amount;
(b) The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards as applicable to the size and type of project;
(c) Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than 30 days before canceling, failing to renew or reducing policy limits; and
(d) The applicant shall file the required original certificate of insurance or bond prior to any commencement of work.
(4) A description of the work to be performed. Where deemed necessary by the Inspector to accomplish the objectives of this subchapter, applications shall be accompanied by as many copies of specifications, plans and a complete layout drawn to scale and in detail to show the nature and character of the work to be performed as the Inspector may deem necessary. The plan or diagram shall show the manner in which the installations or construction activities are to be made or the character of any of the repairs to existing installations or construction activities. When the plans, specifications and layout are demanded, it shall be a violation of this chapter for any person to perform construction activities or install any part of the electrical, plumbing, cables, facilities or structure or perform further excavation or construction activity until the appropriate inspector approves the installation or construction activity;
(5) Estimated duration of any construction activity, installation and/or excavation which will result in the disturbance or modification of any rights-of-way, streets or property and the exact locations for each such disruption or disturbance, including an estimation of the duration of each disruption or disturbance at each location;
(6) Excavations. If any site is to be excavated the application must include:
(a) The purpose or reason for the removing or moving of the soil;
(b) The quantity in cubic yards of soil to be moved or removed;
(c) The location where the soil will be move or deposited;
(d) Identification of each building, residence or structure within 150 feet of the proposed excavation;
(e) A positive statement that the proposed excavation shall not block, encumber or close any street or disturb the lateral support thereof;
(f) A positive statement that the proposed excavation is not and shall not be located in an area which has a public record restrictions or covenants prohibiting such a use of the property;
(g) The proposed slopes and lateral supports to be used in the excavation shall be set forth;
(h) The present and proposed arrangements made for surface water drainage;
(i) The safety precautions to be installed and maintained at the site, such as fences around the excavation, traffic control devices and drainage systems to keep the excavation from collecting water within or creating a hazard to workers, travelers and citizens;
(j) Specifications of all materials to be used in repair of the excavation;
(k) The intended use or condition of the land upon completion of the excavation process; and
(l) Other pertinent data as the Building Inspector may require.
(7) Permanent structure. If a permanent structure is to be added or remain within any street or right-of-way, the owner(s) of the structure must complete an application for certificate of occupation for the permanent occupation of the right-of-way, including:
(a) The person or firm which will operate or maintain the permanent structure;
(b) The origin point and the destination of the permanent structure;
(c) A description of the substance to be transported through the permanent structure;
(d) Engineering plans, drawings and/or maps with summarized specifications showing the horizontal and vertical location of all permanent structures, including covering depths, poles, towers and the like and the location of any shutoff valves or other disconnect locations, where applicable. If the city has computer generated mapping system, the applicant will provide final as built plans in a format compatible with uploading into the city's system;
(e) A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing inhibited structures and congregated areas;
(f) Detailed cross section drawings of all streets, rights-of-way and easement crossings to be affected;
(g) The design criteria under which the permanent structure will be constructed and maintained; and
(h) Any other pertinent data as the Building Inspector may reasonably require.
(8) Certificate telecommunications provider. If the applicant for a permit purports to be a telecommunications entity, in addition to the above required information the application shall include:
(a) Specifications as to the form of transmission media to be utilized;
(b) Design plans and specification concerning the transmission media;
(c) A copy of the certificate of convenience and necessity, certificate of operating authority or service provider certificate of operating authority from the Public Utilities Commission authorizing local exchange telephone service in the city;
(d) Verification of current payment of all fees and right-of-way fees to the Public Utilities Commission; and
(e) Other pertinent information as the Inspector may reasonably require.
(E) Review of application. The City Council shall have the power and reserves the authority to refuse to issue a permit under this subchapter, including a certificate of occupation, to any person, contractor or owner who has not complied with this subchapter, has previously failed to comply with the terms, requirements or standards of any prior permit issued for a similar project, or who has failed to provide insurance and bond as required. Additionally, the City Council shall have the power and reserves the authority to refuse any permit, or to modify or amend any application for permit, where the particular location, by reason of the nature of the particular location, the character and value of the permanent improvements already erected on or approximately adjacent to the particular location, and the use of which the land and surroundings, when in the Building Inspector's opinion, or on appeal to the City Council in the City Council's opinion, the excavating, operation of an excavation or addition or alteration of any such proposed facility on the particular location or construction activity would constitute a nuisance, be injurious to public health, be a public hazard to the inhabitants as a whole, or to a substantial number of its inhabitants or travelers, or be a disadvantage to the city in its planned growth, or otherwise have a negative impact on the property values of property within the city.
(F) Factors to be considered. In considering and reviewing all plans submitted and applications for permits, including a certificate of occupation, the Building Inspector shall be guided by the general purpose of orderly municipal planning, avoiding conditions or the doing of any act constituting or creating a nuisance, health hazard or endangering the public safety. As aids in accomplishing these purposes, the following points shall be considered by the Inspector in reviewing applications for permits; however, the aids shall not be exclusive in the Inspector's consideration and ultimate recommendation:
(1) The plan's compliance with all provisions of this subchapter and other ordinances of the city;
(2) The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood;
(3) The relationship of the development to adjacent uses in terms of harmonious use and design, maintenance of property values and negative impacts;
(4) The provision of a safe and efficient vehicular and pedestrian circulation system;
(5) Surface water drainage and water drainage facilities of the excavation or installation, including soil and earth erosion by water and wind;
(6) Lateral supports of the excavation, including protections for existing buildings, facilities, streets and other property to be affected thereby;
(7) Conditions in which the excavation, construction activities or installation are to be maintained and safeguards to be taken to prohibit creating a nuisance, health or safety hazard, attractiveness to children and features provided to dispense with the endangering of the lives and property of the public;
(8) Proposed use or condition of land upon completion of excavation process, construction activity or installation;
(9) Protection, access and encumbrance such installation, construction activity or excavation will have upon existing facilities and the location of the facilities in reference to the proposed excavation or installation, including the size, quantity, location and permanent nature of the all facilities currently located or proposed to be located therein; and
(10) Other facts as may bear or relate to the coordinated, adjusted and harmonious physical development of the city. In arriving at the ultimate recommendation, the Inspector may attach special conditions thereto as may be reasonably necessary to attain the overall propose of this subchapter.
(G) Appeals. Appeals from the denial or granting of a permit, including a certificate of occupation, shall be made to the City Council.
(1) If an application for a permit is refused, the applicant may, not later than ten days from the date of receiving notice of the refusal, appeal to the City Council by directing a letter to the City Council setting forth therein the date of denial of the permit and the reasons the permit should be granted.
(2) If the Inspector grants the permit, any citizen of the city who is or may be injured or damaged thereby may, within ten days of the recommendation to grant the permit, appeal to the granting of the permit to the City Council, by directing a letter to the City Council addressed to the office of the City Secretary, at the City Hall, setting forth therein the date of the action by the Inspector and the reasons the person appealing believes that he or she has been or will be injured by the action from which he or she is taking the appeal.
(3) Upon the filing of the appeal, the right to operate under any such permit shall be suspended until final determination by the City Council.
(4) The City Council shall, on receiving the notice of appeal, direct the City Secretary to place it on the City Council's work agenda to be considered in the due order of city business. The City Secretary shall then notify the applicant and any other appellant as to the date and place where the City Council will consider the appeal and publish a notice one time in the official newspaper at least five days before the date when the City Council will consider the appeal.
(5) The City Council on considering the appeal may, by majority vote of all members in attendance and voting, either grant or refuse to grant the permit. The decision of the City Council shall be the final decision and binding on all parties.
(H) Conditions of permit. All permits, including certificates of occupation, shall be issued based upon the representations made within the application for the permit, information provided from the applicant, information known to the Inspector and/or City Council, and all plans and specifications submitted with the application. Violations of any conditions of the permit or the general conditions listed herein shall constitute a forfeiture of all rights and privileges granted by the permit(s). The following general conditions of permit are in addition to the specific conditions identified in the specific permit.
(1) Permit holders may not deviate from the plans and specifications approved with the permit without prior written permission from the Building Inspector and amendment of the permit.
(2) Permit holders must comply at all times with the requirements of this subchapter and other applicable city ordinances as well as state and federal laws.
(3) No permit issued under the terms of this subchapter shall ever be transferred, sold, assigned or otherwise disposed of in any manner to any other person without the written consent of the Building Inspector.
(4) No permit shall be issued for less than the required permit fees.
(5) Bonds must be maintained at all times applicable to the permitted project.
(6) All applications for permit must contain complete and accurate information, plans and specifications for the project.
(7) No work shall be done under any permit issued under this subchapter except as stated in the permit and in compliance with state and federal laws. The permittee shall ensure compliance at all times therewith.
(8) The Building Inspector shall at all times have authority to inspect the project site and stop all work not in conformity with the permit, ordinances of the city, or state or federal law. A copy of all permits shall be maintained at the construction site and made available for inspection at all times when construction or installation work is occurring. It shall be a violation of this subchapter to interfere with a Building Inspector in the performance of his or her duties.
(9) Any changes to the information provided in the application approved by the Building Inspector must be submitted to the Building Inspector within 72 hours after the information has changed to amend the permit and, if the changes are of a sufficient degree to cause reconsideration, the Building Inspector shall have the same authority as in an original application to approve or deny the amendments.
(10) Approval of a permit does not constitute an agreement to undertake construction activities contrary to state, federal or city requirements.
(11) No permanent structure shall remain in the rights-of-way or street without all proper permits and a current occupation permit authorizing permanent occupation.
(I) Revocation of permit. Any permit, including a certificate of occupation, issued under this subchapter may be canceled if a notice to cease operations or activities thereunder is issued, and the notice is not immediately complied with. Any such non-compliance shall constitute grounds for immediate revocation of any and all permits, or portions thereof, for the project, when the following conditions exist:
(1) A violation of any condition of the permit;
(2) A violation of any provisions of this subchapter or any other applicable ordinance or law relating to the specifications of the permit, excavations, construction or installation of the type of facility being installed, repaired, altered or removed;
(3) Failure to cease construction activities or correct such violations as directed by the Building Inspector; or
(4) The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
(J) Appeals from permit revocation or other action. A permit holder, including a person having certificate of occupation, pursuant to this subchapter, who is aggrieved by a revocation or any other action by the Building Inspector regarding the permit, may appeal to the City Council. The appeal shall be made by filing with the City Secretary a written notice thereof within ten calendar days from the date of the revocation of the permit, or other action appealed from, including, but not limited to, notices to repair and stop work orders. A fee of $100 shall be collected for processing the appeal. The aggrieved person shall be given a hearing before the City Council, in due order of business, after which the City Council may affirm, modify or overrule the Inspector's decision. Written notice of the time and place of the hearing shall be served upon the permit holder at least five days prior to the date set for the hearing. Notice of the hearing may be given by personal delivery thereof to the permit holder or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to the person at the address appearing in the application or notice of appeal. All work shall be stopped at the construction site while the appeal is pending.
(K) Franchise holders. Utility service providers and public service providers having a current franchise or license agreement with the city shall be governed by the terms of the franchise or license agreement and shall not be required to: obtain an additional certificate of occupation or permit; post additional bond or insurance; and shall be exempt from paying any permit fees when required hereby to obtain a permit; but shall otherwise be subject to, bound and governed by each and every term and provision of this subchapter except as explicitly exempted in the franchise or license agreement. Where the terms and conditions of the franchise or license agreement conflict with the provisions of this subchapter, the terms and conditions of the franchise or license agreement shall govern. Unless otherwise exempted by a current franchise, license agreement or state law, the utility service provider or public service provider shall:
(1) Complete all applications for permits required herein but shall not be required to pay the fees;
(2) Provide the city the information required in the application;
(3) Coordinate with the city as directed by the Building Inspector based upon the size of the project and construction activities; and
(4) Apply for all permits not less than five working days prior to commencing any activity for which a permit must be issued as required by this subchapter; and provide an estimation of time for completion of each project.
(L) Exception to certain fees. Telecommunication entities that are certificated telecommunications providers, certificated by the state to service the city, and that pay the city compensation as required by Tex. Loc. Gov't Code Ch. 283, shall be exempt from the fees as are set forth therein upon verification from the Public Utilities Commission that the telecommunications entity seeking a permit is, at the time of application, a certificated provider holding a current certificate of convenience and necessity to service the city, and is paying the city compensation as required by Chapter 283. The telecommunications entity shall be subject to all other provisions of this subchapter for which the entity is not exempt.
(Ord. 2006-003, passed 3-22-2006)