Application for a permit required by section 3.14.033 of this article 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.
(Ordinance 2002-07-01-010, sec. 4, adopted 7/1/02)
The owner or contractor for all construction activities, installations, repairs and similar activities required by section 3.14.033 must have applied for and been issued all of the permits required for the proposed activity. A permit shall not be required from any holder of a franchise or license or holder of a permanent occupation permit to perform any minor alteration of an existing facility necessary to initiate service or 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 division are:
(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 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.
(2) 
Construction activity in right-of-way or street.
Any person considering adding, repairing, removing or altering any facility or foliage, whether owned by such 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 right-of-way or street.
Any permanent structure, appurtenance, or facilities located in, over, under, through, along or across the streets or rights-of-way within the city limits shall, in advance of installation, placement or construction, submit a design plan and specifications as required herein and as required by the building official for review and comment and shall secure the proper permits and/or approvals and pay fees as required. Permanent structures, appurtenances or facilities located in, over, under, through, along or across the streets or rights-of-way within the city limits at the time of passage of this division (July 1, 2002) shall have (60) days to submit an application for a permit and secure such permit before enforcement action may be taken.
(4) 
Temporary obstruction of right-of-way or street.
Any person desiring to temporarily occupy or obstruct any portion of any street or right-of-way within the city 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 official for a permit for such temporary obstruction and shall secure the proper permits and/or approvals and pay fees as required.
(Ordinance 2002-07-01-010, sec. 4.A, adopted 7/1/02; Ordinance adopting Code)
In the event an application is made for a permit to perform any construction activity in any of the streets or rights-of-way, such permit shall be subject to the following permit fees to cover the costs and expenses of the city. Acceptance of any such 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 part III of this division. Payment for each such 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 division 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 as set forth in appendix A to this code, 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 such permit. In the event that the permit is recommended for issuance, an additional fee as set forth in appendix A to this code 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 division for any drilling, boring, cutting or otherwise any excavation of any portion of the rights-of-way or streets shall be as set forth in appendix A to this code, 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 such permit. In the event that the permit is recommended for issuance, an additional fee as set forth in appendix A to this code 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.
The city shall be fully reimbursed for all reasonable costs associated with activities in the streets or rights-of-way pursuant to this division that require inspection, review or any other reasonable overview or actions 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 and may not be maintained by any person owing engineer or other professional fees to the city.
(4) 
Plumbing permit fees.
Any person who desires to install, repair or alter any pipelines, tubes or pipes by which any water, solid waste, gas, oil or other such product may flow in or under the rights-of-way or streets shall submit to the chief plumbing inspector plans and specifications showing the proposed improvements. It shall be the duty of the chief plumbing inspector, when such plans and specifications have been submitted to him, to make an inspection of the proposed improvements. An inspection fee shall be paid by the applicant before such permit is issued and shall be at the rate provided in the city fee schedule.
(5) 
Electrical permit fees.
Any person who desires to build, erect, alter, install, repair or remove any poles, posts, towers or other similar facilities on which any wires, cables, electrical wires or transmission media are located or will be located shall submit to the chief electrical inspector plans and specifications showing the proposed improvements and existing conditions on such poles, posts, towers or such similar facility. It shall be the duty of the chief electrical inspector, when such plans and specifications have been submitted to him, to make an inspection of the proposed improvements. An inspection fee shall be charged pursuant to the city’s fee schedule for each pole, post, tower or similar facility to be built, installed, altered or erected and shall be paid by the applicant before such permit is issued.
(6) 
Certificate of occupation fee.
The fee for each certificate of occupation required pursuant to this division for a permanent structure to occupy any right-of-way or streets shall be as set forth in appendix A to this code per month per linear foot of street or right-of-way so occupied and shall be paid in advance annually from the original date of the issuance of the certificate of occupation.
(7) 
Temporary obstruction of right-of-way or street assessment.
A special assessment for temporary obstruction or occupation of any right-of-way or street shall be as set forth in appendix A to this code to reimburse the city for costs of increased supervision and overview of such site while such obstruction exists, plus any costs or charges for special assignment of police officers to monitor, escort, or otherwise provide services to protect the public from the construction activities or excavation and any other similar fees reasonably incurred by the city for and with respect to such temporary obstruction.
(Ordinance 2002-07-01-010, sec. 4.B, adopted 7/1/02; Ordinance adopting Code)
All activities or construction authorized by a permit issued under this division shall be commenced within six (6) months after the date of issuance of the permit and thereafter be continuously prosecuted or such permit is void and the person to whom the permit was issued must make a new application before commencing 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 is 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 therefor as before, prior to proceeding with any such work.
(Ordinance 2002-07-01-010, sec. 4.C, adopted 7/1/02)
Applications for permits required by this division shall be made to the building official and must be made in writing by the person to do the work, the contractor, or his authorized agent, and will be submitted in duplicate upon forms provided to the building official for that purpose. An application for such permit may be deposited at the office of the city secretary for delivery to and action by the building official. Such application shall contain:
(1) 
The date the application is submitted.
(2) 
Name, address, phone, fax and other pertinent information of the owner(s) and names of all contractor(s), including subcontractors, employed, or that will be employed, to perform any portion of any construction activity or excavation.
(3) 
Name of the person actually presenting the application to the official.
(4) 
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 official in writing if such emergency contact changes, and no later than 24 hours after such change, to maintain an active permit.
(5) 
Exact location and legal description of any property, streets or rights-of-way where the construction activity or excavation is proposed to occur.
(6) 
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 (8) 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.
(7) 
A fee, appropriate to the number and kinds of installations, alterations, removals or construction activities to be made or activities to be performed.
(8) 
Proof of insurance or bond in the type and amount as determined by the director of financial services or his/her designee based upon the size and type of project.
(A) 
An applicant must provide proof of liability insurance in the total amounts determined by the director of financial services to be proper.
(B) 
The coverage must be on an “occurrence” basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, and 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 thirty (30) days before canceling, failing to renew, or reducing policy limits.
(D) 
The applicant shall file the required original certificate of insurance or bond prior to any commencement of work.
(9) 
A description of the work to be performed. Where deemed necessary by the official to accomplish the objectives of this division, 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 official 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 such plans, specifications and layout are demanded, it shall be a violation of this division for any person to perform construction activities or install any part of the electrical work, plumbing, cables, facilities or structure or perform further excavation or construction activity until the appropriate inspector approves such installation or construction activity.
(10) 
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.
(11) 
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 moved or deposited;
(D) 
Identification of each building, residence or structure within one hundred fifty (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 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;
(L) 
Such other pertinent data as the building official may require.
(12) 
Permanent structures.
If a permanent structure is to be added or remain within any street or right-of-way, the owner(s) of such 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, etc., and the location of any shutoff valves or other such disconnect locations, where applicable. If the city has a 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 inhabited 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 official may require.
(13) 
Certificated telecommunications providers.
If the applicant for a permit purports to be a telecommunications entity, in addition to the above required information, the applicant shall include:
(A) 
Specifications as to the form of transmission media to be utilized;
(B) 
Design plans and specifications 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; and
(D) 
Verification of current payment of all fees and right-of-way fees to the public utilities commission.
(14) 
Other such pertinent information as the official may require.
(Ordinance 2002-07-01-010, sec. 4.D, adopted 7/1/02; Ordinance adopting Code)
The city council shall have the power and reserves the authority to refuse any application for a permit, including a certificate of occupation, under this division to any person, contractor or owner who has not complied with this division, has previously failed to comply with the terms, requirements or standards of any prior permit issued for a similar project, or has failed to provide bond as required. Additionally, the city council shall have the power and reserves the authority to refuse, modify or amend any application for permit under this division where the particular location within the city limits, by reason of such particular location and the character and value of the permanent improvements already erected on or approximately adjacent to the particular location in question, and the use of which the land and surroundings are adopted for health and safety reasons, or any of them, or when in the building official’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 such particular location or construction activity might constitute a nuisance, be injurious to public health, be a public hazard to its 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.
(Ordinance 2002-07-01-010, sec. 4.E, adopted 7/1/02; Ordinance adopting Code)
(a) 
In considering and reviewing all plans submitted and applications for permits, including a certificate of occupation, the building official shall be guided by the general purpose of orderly municipal planning, and the prohibiting of any condition or the doing of any act constituting or creating a nuisance or health hazard or endangering the lives or property of others. As aids in accomplishing these purposes, the following points shall be considered by the official in reviewing applications for permits; however, such aids shall not be exclusive in the official’s consideration and ultimate recommendation:
(1) 
The plan’s compliance with all provisions of this division 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 protection for existing buildings, facilities, streets and other property to be affected thereby.
(7) 
Conditions under which the excavation, construction activities or installation is to be maintained and safeguards to be taken to prohibit creating a nuisance, health hazard, or 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 the 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.
(10) 
Such other facts as may bear or relate to the coordinated, adjusted and harmonious physical development of the city.
(b) 
In arriving at the ultimate recommendation, the official may attach such special conditions thereto as may be reasonably necessary to attain the overall purpose of this division.
(Ordinance 2002-07-01-010, sec. 4.F, adopted 7/1/02; Ordinance adopting Code)
(a) 
Appeals from permit denial or granting, including a certificate of occupation, shall be made to the city council.
(b) 
In the event an applicant is refused a permit, (s)he may, not later than ten (10) days from the date of receiving notice of such refusal, appeal to the city council for a public hearing on the refusal by directing a letter to the city council setting forth therein the date of denial of the permit and the reasons the applicant feels he has been wronged in being refused the permit.
(c) 
In the event the official recommends that the permit be granted, any citizen of the city may, within ten (10) days of the recommendation to grant the permission by the official, appeal to the city council for a public hearing on the question of granting or refusal, as the case may be, of the permit 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 recommendation of the official and the reasons the person so appealing feels that (s)he has been or will be injured by the action from which (s)he is taking such appeal.
(d) 
Upon the filing of such appeal, the right to operate under any such permit shall be suspended until final determination by the city council and then in accordance with the final decision of the city council.
(e) 
The city council shall, on receiving such 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 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 (5) days before the date when the city council will consider the appeal.
(f) 
The city council, on conducting the public hearing regarding the appeal, may, by majority vote of all the council, either grant or refuse to grant the permit. In the event the permit is granted, the permit shall be issued.
(Ordinance 2002-07-01-010, sec. 4.G, adopted 7/1/02; Ordinance adopting Code)
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, 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 official and amendment of such permit.
(2) 
Permit holders must comply at all times with the requirements of this division and other applicable city ordinances as well as state and federal laws.
(3) 
No permit issued under the terms of this division shall ever be transferred, sold, assigned, or otherwise disposed of in any manner to any other person without the written consent of the building official.
(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 division 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 official shall at all times have authority to make inspection of 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 division to interfere with a building official in the performance of his or her duties.
(9) 
Any changes to the information provided in the application approved by the building official must be submitted to the building official within 72 hours after the information has changed to amend the permit, and, if such changes are of a sufficient degree to cause reconsideration, the building official has the same rights granted in an original application as to approval or denial of such 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 right-of-way or street without all proper permits and a current occupation permit authorizing permanent occupation.
(Ordinance 2002-07-01-010, sec. 4.H, adopted 7/1/02; Ordinance adopting Code)
For any permit, including a certificate of occupation, issued under this division, where a notice to cease operations or activities thereunder is issued, and such notice is not immediately complied with, this shall constitute grounds for immediate revocation of any and all permits, or portions thereof, issued 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 division 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 official; 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.
(Ordinance 2002-07-01-010, sec. 4.J, adopted 7/1/02; Ordinance adopting Code)
Any person who has been issued a permit, including a certificate of occupation, pursuant to this division, who is aggrieved by a revocation or other action by the building official may appeal to the city council by filing with the city secretary a written notice thereof within five (5) calendar days from the date of the revocation of the permit or other actions of the building official, including, but not limited to, notices to repair and stop work orders. A fee as set forth in appendix A to this code 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 modify or overrule the official’s decision. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five (5) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such permit. Notice of the hearing may be given by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to such person to be notified at the address appearing in the application. During the appeal process, all work shall be stopped at the construction site while the appeal is pending.
(Ordinance 2002-07-01-010, sec. 4.K, adopted 7/1/02; Ordinance adopting Code)
Utility service providers and public service providers having a current franchise or license with the city shall not be required to obtain a certificate of occupation or other such permit, shall be governed by the terms of the franchise or license agreement, 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 division except as explicitly exempted in the franchise or license agreement or, where terms or conditions of the franchise or license agreement conflict with the provisions of this division, the terms and conditions of the franchise or license agreement shall govern. Unless otherwise exempted by a current franchise or license agreement, 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 official based upon the size of the project and construction activities;
(4) 
Apply for all permits not less than five (5) working days prior to commencing any activity for which a permit must be issued as required by this division; and
(5) 
Provide an estimation of time for completion of each project.
(Ordinance 2002-07-01-010, sec. 4.L, adopted 7/1/02; Ordinance adopting Code)
Telecommunication entities that are certificated telecommunications providers by the state to service the city and pay the city compensation as required by chapter 283 of the Local Government Code shall be exempt from such fees as are set forth therein [herein] 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 of the Local Government Code. The telecommunications entity shall be subject to all other provisions of this division for which the entity is not exempt.
(Ordinance 2002-07-01-010, sec. 4.M, adopted 7/1/02)