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)