(a) Construction Permit.
(1) No construction permit is required for emergency repairs, routine maintenance and new service orders.
(2) No person shall commence or continue with the construction, reconstruction, installation, maintenance or repair of facilities or excavation in the public right-of-way without obtaining a construction permit from the city as provided in Section 848.07, including but not limited to the following circumstances:
A. The construction of a new system;
B. The extension of a service provider's system in the public right-of-way in an area of the city not currently serviced by that service provider. This does not include new service orders;
C. The relocation or replacement of more than one thousand (1,000) lineal feet of a service provider's existing system or facilities in the public right-of-way;
D. Any reconstruction or replacement of facilities requiring more than five (5) working days to complete work in the public right-of-way;
(3) No construction permit shall be issued for the construction, reconstruction, installation, maintenance or repair of facilities, or excavation, in the public right-of-way unless the service provider has obtained consent from, and filed a current registration statement with, the city pursuant to Section 848.02 and Section 848.03, respectively, of this chapter.
(b) Construction Permit Applications. Applications for permits to construct, reconstruct or install facilities, or excavate, shall be submitted upon forms provided by the city, provide the following information, if applicable, and be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) A preliminary construction schedule shall be provided by the service provider unless the construction schedule is under the control of the developer, builder or property owner and in such event the service provider shall notify the city of the contact person responsible for the development of the construction schedule.
(2) That the facilities will be constructed, reconstructed, 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, reconstruct, install, maintain, repair or locate facilities above ground:
A. Evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route;
B. The location and route of all facilities to be located or installed on existing utility poles.
(4) If the applicant is proposing an underground installation of new facilities in existing ducts, pipes or conduits in the public right-of-way, information in sufficient detail to identify:
A. The excess capacity currently available in such ducts or conduits before the installation of the applicant's facilities.
B. The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's facilities.
(5) 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:
A. The location and depth proposed for the new ducts or conduits; and
B. The excess capacity that will exist in such ducts or conduits after installation of the applicant's facilities.
(6) 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 in the public right-of-way. Included with the installation shall be magnetic and fluorescent tape placed at a minimum or one (1) 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 except that public utilities operating under a tariff issued by the State of Ohio shall only be required to meet current regulations or standards acceptable to the PUCO for such location marking.
(7) The 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.
(8) The location(s), if any, for interconnection with the facilities of other service providers.
(9) The construction methods to be employed for protection of existing structures, fixtures and facilities in or adjacent to the public right-ofway.
(10) The structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(11) The impact of construction, reconstruction, 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 landscaping plan for protecting, trimming, removing, replacing and restoring any trees or areas disturbed during construction.
(12) 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. Facilities shall be constructed, reconstructed, installed, repaired, operated, excavated and maintained in accordance with all applicable federal, state and local codes, rules, regulations and technical codes including, but not limited to, the national electrical safety code.
(d) Traffic Control Plan. All permit applicants which involve a lane obstruction or work on, in, under, across or along any public right-of-way shall be presented to the chief of police of the city, or other responsible party, and coordinated to maintain possible traffic control consistent with state law and the ODOT uniform manual of traffic control devices.
(e) Issuance of Permit. Within ten (10) business days after submission of all plans and documents required of the applicant, the city, if satisfied that the applications, plans and documents comply with all requirements of this chapter, shall issue a construction permit authorizing the construction, reconstruction, installation, maintenance or repair of the facilities, or excavation in the public right-of-way, subject to such further conditions, restriction or regulations affecting the time, place and manner of performing the work as the city may deem necessary or appropriate. Such ten (10) business day period shall begin after all submissions are deemed by the city to be in accordance with the requirements of, including information submitted in the form required by, this chapter.
(f) Coordination of Construction Activities. All service providers are required to cooperate with the city, including its service and safety forces, and with each other. All construction, reconstruction, installation, excavation, activities and schedules shall be coordinated, as ordered by the city, to minimize public inconvenience, disruption or damages.
(g) Modification of Construction Schedule. The service provider may modify the construction schedule at any time provided that notice is given to the city. The service provider shall further notify the Ohio Utility Protection Service (OUPS) in advance of any excavation or work in the public right-of-way.
(h) Least Disruptive Technology. To the extent reasonably possible, all facilities shall be constructed, reconstructed, installed, maintained or repaired in the manner resulting in the least amount of damage and disruption of the public right-of-way. Unless otherwise authorized by the city for good cause, service providers constructing, reconstructing, installing, maintaining or repairing underground facilities shall utilize trenchless technology, including, but not limited to, horizontal drilling, directional boring, and micro-tunneling, if technically and/or technologically feasible, as determined by the service provider.
(i) Compliance with Permit. All construction practices and activities shall be in accordance with the construction permit and approved final plans and specifications for the facilities. The city shall be provided access to the work and such further information as may be required to ensure compliance with such requirements. Field changes may be approved by the city if such changes are determined to be necessary due to site conditions or other changed circumstances.
(j) Display of Permit. The service provider shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city at all times when construction work is occurring.
(k) Joint Application. Any service provider planning a capital improvement may submit a joint application for (1) consent to occupy or use the public right-of-way pursuant to Section 848.01 and (2) a construction permit. The city is not required to take action on the construction permit until ten (10) days after granting consent to occupy or use the public right-of-way. A public utility operating under a tariff issued by the State of Ohio and regulated by the PUCO conducting capital improvements consistent with tariff activities is not required to seek consent and such construction permit shall be approved within ten (10) business days after its receipt by the city. In the event the construction permit is not provided within ten (10) business days, presumed approval shall occur.
(l) Non-Complying Work. Upon order of the city, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall immediately cease and shall be immediately removed and/or corrected by the service provider.
(m) Record Drawings. Within sixty (60) days after completion of construction, the service provider shall furnish the city with two (2) 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. Public utilities operating under a tariff issued by the State of Ohio and regulated by the PUCO shall be exempt from this provision for all matters. Public utilities will respond to the city's request for as-built facility information through the OUPS design ticket process, in accordance with the Ohio Revised Code.
(n) Restoration of Improvements. 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 and facilities which were damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
(o) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of construction, reconstruction, 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, except to the extent that tree trimming is necessary to prevent the interference of tree branches with overhead facilities.
(2) All restoration work within the public right-of-way shall be done in accordance with landscape plans approved by the city.
(p) 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, reconstructing, 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 the 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 PUCO 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 PUCO which require that such costs be prorated over all users of the public right-of-way including users that are governmental entities, including, but not limited to, the city itself.
(q) Responsibility of Owner. The owner of the facilities to be constructed, reconstructed, installed, located, operated, maintained or repaired and, if different, the service provider, are responsible for performance of and compliance with all provisions of this section.
(Ord. 2006-55. Passed 9-18-2006.)