902.17 CONSTRUCTION PERMITS.

   (a)   Construction Permit Requirement. Except as otherwise provided in the Codified Ordinances and Section 902.20(d)(1) herein, no Person may Construct in any Rights of Way without first having obtained a Construction Permit as set forth in this Chapter. This requirement shall be in addition to any requirement set forth in Codified Ordinances Chapter 903.

      (1)   A Construction Permit allows the Permittee to Construct and to obstruct travel, in the specified portion of the Rights of Way as described in the Construction Permit while placing Facilities described therein, to the extent and for the duration specified therein.

      (2)   Unless otherwise specified, a Construction Permit is valid for six (6) months from date of issuance for the area of Rights of Way specified in the Permit.

      (3)   No Permittee may Construct in the Rights of Way beyond the date or dates specified in the Construction Permit unless such Permittee:

         A.   Makes a Supplementary Application for another Construction Permit before the expiration of the initial Construction Permit; and

         B.   Is granted a new Construction Permit or Construction Permit extension.

      (4)   Original Construction Permits issued under this Chapter shall, when possible, be conspicuously displayed at all times at the indicated work site and be available for inspection by Inspectors and authorized City personnel. If the original Construction Permit is not conspicuously displayed at the indicated work site or the project involves work conducted simultaneously at multiple locations, then upon request, the Construction Permit must be produced within twelve (12) business hours.

   (b)   Construction Permit Applications. Application for a Construction Permit shall be made to the Director of the Department of Public Service. In addition to any information required by the Director of Public Service, all Construction Permit Applications shall contain, and will only be considered complete upon compliance with the following provisions:

      (1)   Evidence that the Applicant has been issued a Certificate of Registration (if one is required for the Application) or proof that the Applicant has written authority to apply for a Construction Permit on behalf of a party that has been issued a Certificate of Registration; and

      (2)   Submission of a completed Construction Permit Application in the form required by the Director of Public Service, including, but not limited to, all required attachments, scaled (or dimensional), and dated drawings (or other information acceptable to the Director of Public Service) showing the location and area of the proposed project, number and location of street cuts, and the location of all existing and proposed Facilities, accompanied by the certification of a registered professional engineer or prepared by other trained technical personnel acceptable to the Director of Public Service that the drawings, plans and specifications submitted with the Application comply with applicable technical codes, rules and regulations; and

      (3)   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; and

      (4)   If the Applicant proposes to replace existing poles with larger poles within the Rights of Way, the Applicant shall, upon the reasonable request of the Director of Public Service, provide:

         A.   Evidence satisfactory to the City that there is no excess capacity on existing poles or in existing underground systems; and

         B.   Evidence 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; and

         C.   The location, size, height, color, and material of the proposed replacement poles; and

         D.   Evidence satisfactory to the City that the Applicant will adhere to all the applicable Laws concerning the installation of such replacement poles.

      (5)   If Applicant is proposing an underground installation in existing ducts or conduits within the Right of Way, the Applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:

         A.   The location, approximate depth, size, and quantity of the existing ducts and conduits.

      (6)   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, approximate depth, size, and quantity of proposed new ducts or conduits.

      (7)   A preliminary Construction schedule and completion date.

      (8)   Payment of all money due and payable to the City since the effective date of this Chapter for:

         A.   Permit Fees; and

         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; and

         C.   Any Certificate of Registration issued to the Applicant/Person whose Facilities are being Constructed; and

         D.   Any other money due to the City from the Applicant/Person whose Facilities are being Constructed.

      (9)   When a Construction 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 Section 902.21 of this Chapter for the additional Systems or any part of a System is required.

   (c)   Issuance of Construction Permit; Conditions.

      (1)   If the Director of Public Service determines that the Applicant has satisfied the requirements of this Chapter and the Construction Permit process, the Director of Public Service shall issue a Construction 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 of Public Service, upon the issuance of the Construction 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)   Construction Permit Fees. The Director of Public Service shall, after providing notice to and seeking input from all Providers with Systems in the City Right of Way and other anticipated Applicants, develop and maintain a schedule of Permit Fees in an amount sufficient to recoup all reasonable costs that the City incurs in permit issuance, including Permit Costs and Rights of Way costs, as allowed by Law. No Construction Permit shall be issued without payment of Construction Permit Fees except to the City or County, which shall be exempt. Construction Permit Fees that were paid for a Permit that the City has revoked due to breach are not refundable.

   (e)   Joint Applications. Applicants are encouraged to make joint Application for Construction Permits to work in the Rights of Way at the same place and time. Joint Applicants shall have the ability to divide amongst themselves, in proportions the parties find appropriate, any applicable Construction Permit Fees.

(Ord. 39-01. Passed 9-18-01.)