(a) Construction Permit Requirement. Except as otherwise provided in the Code, 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 XCC Chapters 1000
and 1001
.
(1) A Construction Permit allows the permittee to construct in the part of the right-of-way described in such Construction Permit and to obstruct travel over the specified portion of the rights-of-way by 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 the 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 involves work conducted simultaneously at multiple locations, each location shall display a photocopy of the original Construction Permit. If the original Construction Permit is not conspicuously displayed at the indicated worksite, then, upon request, the original Construction Permit must be produced within twelve (12) business hours or the first earliest business hour, whichever is later. For purposes of this section, business hour shall mean the hours between 7:30 a.m. and 4:00 p.m. during a business day.
(b) Construction Permit Applications. Application for a Construction Permit, unless an emergency, shall be made to the Public Service Director no less than five (5) business days prior to the requested start of construction. In addition to any information required by the Public Service Director, all Construction Permit applications shall contain, and will only be considered complete upon compliance with, the requirements of the following provisions:
(1) Credible evidence that the applicant (where required) has been issued a Certificate of Registration 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 Public Service Director, including, but not limited to, all required attachments, and scaled, dated drawings showing the location and area of the proposed project, number and location of street crossings, and the location of all then known existing and proposed facilities of the applicant or Provider within the proposed project area. All drawings, plans and specifications submitted with the application comply with applicable technical codes, Rules and Regulations, and be certified as to being in such compliance by trained technical personnel acceptable to the Public Service Director. The mapping data is only required to be at the "Atlas" level of detail necessary for the City to reasonably determine the location of the Provider's facilities in the rights-of-way. The City reserves the right, in circumstances that the Public Service Director considers unique, complex or unusual, to request that certain submitted drawings, plans and specifications be accompanied by the certification of a registered licensed professional engineer; and
(3) A City approved traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the OMUTCD, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(4) If the applicant is proposing an aboveground installation on existing poles within the rights-of-way, the applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:
A. The size and height of the existing poles; and
B. Based on the facilities currently on the existing poles, the excess capacity currently available on such poles before installation of applicant's facilities; and
C. Based on the facilities currently on the existing poles, the excess capacity for like or similar facilities that will exist on such poles after installation of applicant's facilities.
(5) If the applicant proposes to install new poles within the rights-of-way, the applicant shall provide:
A. Credible evidence satisfactory to the City that there is no excess capacity on existing poles or in existing underground systems; and
B. Credible 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 poles; and
D. Credible evidence satisfactory to the City that the applicant will adhere to all the applicable laws concerning the installation of new poles.
(6) If the applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, the applicant shall provide credible information satisfactory to the City to sufficiently detail and identify:
A. Based on the existing facilities, the excess capacity for like or similar facilities currently available in such ducts or conduits before installation of the applicant's facilities; and
B. Based on existing facilities, the excess capacity for like or similar facilities that will exist in such ducts or conduits after installation of applicant's facilities.
(7) If the 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 the applicant's facilities.
(8) A preliminary construction schedule and completion date.
(9) Payment of all money then due to the City for:
A. Permit fees;
B. Any loss, damage, or expense suffered by the City as a result of the 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.
(10) 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 1002.20 of this Chapter for the additional systems or any part of a system is required.
(c) Issuance of Construction Permit; Conditions.
(1) If the Public Service Director determines that the applicant has satisfied the requirements of this Chapter and the Construction Permit process, the Public Service Director shall issue a Construction Permit subject to the provisions of this Chapter.
(2) The City may impose reasonable conditions upon the issuance of the Construction Permit and the performance of the permittee thereunder in order to protect the City's investment in the rights-of-way, protect the public health, safety and welfare, to ensure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, or to minimize the disruption and inconvenience to the traveling public.
(d) Construction Permit Fees. The City shall collect a Construction Permit fee equal to the actual and direct cost incurred by the City that is associated with receiving, reviewing, processing, and granting (or denying) the Construction Permit and any oversight of the Construction Permit or the construction work associated therewith. Following completion of the construction work for which a Construction Permit has been granted (or at the time of the denial of a Construction Permit) the City shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing, and granting (or denying) the Construction Permit and any oversight of the Construction Permit or construction work associated therewith and provide a written invoice to the applicant for the appropriate amount. The City shall require that the applicant remit all Construction Permit fee amounts invoiced within thirty (30) calendar days. Any applicant who fails to timely remit such invoiced Construction Permit fee amounts shall be subject to the penalties of this Chapter, the imposition of any other legal or equitable remedies available to the City and the immediate revocation of any Certificate of Registration or Construction Permit having been issued.
(1) The City may, in addition to these direct and actual costs listed in division (d), include in the Construction Permit fee the cost of the value of degradation and reduction in the useful life of the rights-of-way that will result from the Construction that has taken place therein. "Degradation and the reduction in the useful life" for the purpose of this section means the accelerated depreciation of the rights-of-way caused by construction in or disturbance of the rights-of-way, resulting in the need to reconstruct or repair such rights-of-way earlier than would be required if the construction did not occur.
(2) Except as otherwise provided in division (d)(3), no future Construction Permits shall be issued to an applicant without payment of all outstanding Construction Permit fees within thirty (30) calendar days of original invoice. The City and County shall be exempt from payment of Construction Permit fees. Construction Permit fees that were paid for a Permit that the City has revoked due to breach and in accordance with the terms of Section 1002.13 and Section 1002.19(e) are not refundable.
(3) The Public Service Director may permit a Provider to make quarterly payments of Construction Permit fees based upon the Provider's financial condition and past payment history. The quarterly payment shall be due and payable within thirty (30) calendar days after the end of the quarter. The Public Service Director may revoke this permission due to a change in financial condition, late payment, or other just cause.
(e) Joint Applications. Applicants are encouraged to submit joint applications 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. 2022-46. Adopted 12/08/22; Ord. 2023-35. Adopted 12/14/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)