No person shall commence or continue with major construction work as defined herein of telecommunications facilities on city property or within the public right-of-way except as provided in this division.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-73)
Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the National Electrical Safety Code.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-74)
Applications for permits to perform major construction shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) 
That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(2) 
The location and route of all aboveground facilities to be installed, including separate identification of any new poles.
(3) 
The location and route of all underground facilities to be installed, including separate identification of any new facilities.
(4) 
The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights-of-way along the underground route proposed by the applicant as discovered by use of the One-Call statute.
(5) 
The construction methods to be employed that will adequately protect existing structures, fixtures, and facilities within or adjacent to the public right-of-way.
(6) 
Any landscaping that exists on the surface of the area that must be protected during construction or restored after construction.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-75)
All permit applications shall be accompanied by the certification of a professional engineer licensed in the state that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations when required by state law.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-76)
Unless otherwise approved, a construction permit application which involves work on, in, under, across, or along any public right-of-way shall be accompanied by a traffic-control plan demonstrating the protective measures and devices that will be employed, consistent with the DOT Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. If the telecommunications provider does not intend to follow the DOT Manual on Uniform Traffic Control Devices, the construction permit application must include a traffic-control plan, prepared by a professional engineer licensed in the state, demonstrating the protective measures and devices that will be employed and prepared by a professional engineer licensed in the state.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-77)
Within ten (10) days after submission of all plans and documents required of the applicant under this division, the director of public works or his or her designee, if satisfied that the applications, plans and documents comply with all requirements of this division, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate. In the event that a telecommunications provider has a specific service request from a customer and upon written application to the director of public works or his or her designee, the director of public works or his or her designee may expedite the issuance of the permit or may issue a conditional permit, allowing the telecommunications provider to commence work on a day requested prior to the expiration of ten (10) days after submission of the application. The application for an expedited permit or for a conditional permit shall include all information normally required by this division for a permit, and shall be supplemented by any additional information requested by the director of public works or his or her designee which would reasonably be calculated to support the granting of an expedited permit or conditional permit. The director of public works’ approval, or that of his or her designee, will not be unreasonably withheld.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-78)
The permittee shall submit a written proposed construction schedule to the director of public works or his or her designee five (5) working days before commencing any work in or about the public right-of-way. The permittee shall further notify the director of public works or his or her designee not less than two working days in advance of any excavation or work in the public right-of-way.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-79)
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The director of public works and his or her representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-80)
The permittee 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 director of public works or his or her representatives at all times when construction work is occurring.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-81)
If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the director of public works or his or her designee may require, on a reasonable suspicion that they are not in compliance with the construction permit, within one hundred eighty (180) days of construction completion, the permittee to provide written verification, if reasonably necessary, of the location of such facilities by a registered surveyor. If requested by the director of public works or his or her designee, the permittee shall relocate any facilities which are not located in compliance with permit requirements.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-82)
Upon order of the director of public works or his or her designee, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this division shall be modified, as reasonably necessary to protect the public health and safety, to meet permit specifications.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-83)
The permittee shall promptly complete all construction activities so as to minimize disruption of the public right-of-way and other public and private property. All construction work authorized by a permit within the public right-of-way, including restoration, must be completed within one hundred twenty (120) days of the date of issuance, or by such other date as may be agreed upon by the director of public works or his or her designee.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-84)
All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities shall be replaced or restored as nearly as may be practical, to at least as good a condition as prior to performance of work.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-85)
For any major construction project as defined herein, a performance installation bond written by a corporate surety acceptable to the city equal to at least one hundred (100) percent of the estimated cost of construction of the telecommunications provider’s telecommunications facilities (excluding cost of plant) on city property and within the public rights-of-way of the city shall be deposited before construction is commenced.
(1) 
The construction bond shall remain in force until sixty (60) days after substantial completion of the work, as determined by the director of public works or his or her designee, including restoration of public rights-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 public rights-of-way and other property affected by the construction;
(E) 
The submission of “as-built” drawings after completion of the work as required by this division;
(F) 
Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(3) 
In the event that performance by a telecommunications provider of any of its obligations under the terms of the telecommunications provider’s construction permit or construction bond and/or the construction requirements imposed by this division shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by an act of state, by strikes, fire, or flood, or by the occurrence of any other similar event, the telecommunications provider shall be excused from such performance for such period of time as is reasonably necessary until such occurrence abates or the effects thereof have dissipated.
(4) 
Notwithstanding the above requirements, a bond shall not be required of a telecommunications provider that can demonstrate a record of at least four years of work in the public rights-of-way in the city (and to the extent applicable, in all other municipalities it has performed such work) free of unsatisfied claims. A telecommunications provider with less than four (4) years of work in the public rights-of-way shall be required to provide a reasonable bond.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-86)