(a)
No
person shall perform major construction work within the public rights-of-way
or on city property without first obtaining a construction permit
therefor; provided, however, no construction work may be undertaken,
nor shall a permit be issued, for the construction or installation
of facilities in the public rights-of-way to provide cable services
within the city without a franchise agreement.
(b)
As used in this division, “major construction work” means any construction, installation, maintenance, repair, or other work activities on city property or within the public rights-of-way, the total estimated construction cost of which exceeds fifty thousand dollars ($50,000.00). All provisions contained in this division relate to major construction work unless otherwise indicated. With regard to construction work that is not major, a grantee shall comply with article 3.15, division 4, of the city code. A grantee shall also comply with all other applicable provisions contained in other sections of this article.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-176)
(a)
Applications
for permits to construct a cable facilities system 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 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.
(b)
The
city engineer or his designee may, in his or her discretion, require
additional information to determine whether:
(1)
The construction methods to be employed will adequately protect existing
structures, fixtures, and facilities within or adjacent to the public
rights-of-way.
(2)
A landscape plan for protecting, trimming, removing, replacing and
restoring any trees or areas to be disturbed during construction which
is necessary.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-177)
All permit applications shall be accompanied by the certification
of a registered professional engineer that the drawings, plans and
specifications submitted with the application comply with applicable
technical codes, rules and regulations.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-178)
All construction permit applications which involve work on,
in, under, across, or along any public rights-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.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-179)
Within ten (10) days after submission of all plans and documents
required of the applicant under this article, the city engineer or
his or her designee, if satisfied that the applications, plans and
documents comply with all requirements of this article, 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 grantee has a specific service
request from a customer and upon written application to the city manager
or his or her designee, the city manager or his or her designee may
expedite the issuance of the permit or may issue a conditional permit
allowing the grantee 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 article for
a permit, and shall be supplemented by any additional information
requested by the city manager or his or her designee which would reasonably
be calculated to support the granting of an expedited permit or conditional
permit. The city manager’s approval, or that of his or her designee,
will not be unreasonably withheld.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-180)
The grantee shall submit a written construction schedule to
the city manager, or his or her designee, five (5) working days before
commencing any work in or about the public rights-of-way. The permittee
shall further notify the city manager, or his or her designee, not
less than two (2) working days in advance of any excavation or work
in the public rights-of-way.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-181)
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications for the
facilities. The city manager, and his or her designee, shall be provided
access to the work and such further information as he or she may require
to ensure compliance with such requirements.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-182)
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 city manager of his or her
designees at all times when construction work is occurring.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-183)
If the construction permit specifies the location of facilities
by depth, line, grade, proximity to other facilities or other standard,
the city manager or his or her designee may require, 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 city
manager, or his or her designee, the permittee shall relocate any
facilities which are not located in compliance with permit requirements.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-184)
Upon order of the city manager 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 article shall be removed.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-185)
The grantee shall promptly complete all construction activities
so as to minimize disruption of the public rights-of-way and other
public and private property. All construction work authorized by a
permit within public rights-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 city manager or
his or her designee, or by the franchise.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-186)
Within sixty (60) days after completion of construction, the
grantee shall furnish the city with a complete set of plans, certifying
to the city that they accurately depict the location of all cable
facilities constructed pursuant to the permit. The grantee shall also
update the maps previously provided at the time the franchise was
approved.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-187)
