No person shall commence or continue with the construction or installation of any structure within the rights-of-way of the city except as provided by this chapter, or as provided by other city permits or written agreements with the city.
(1) 
Registration.
All users of the right-of-way must register annually with the city. Registration and permits will be issued in the name of the person who will own the facilities. Registration shall include:
a. 
The name of the user of the right-of-way;
b. 
The name, address, and telephone number of people who will be contact persons for the user;
c. 
The name and telephone number of an emergency contact who shall be available 24 hours a day;
d. 
The location, including exact coordinates, of all structures located in the rights-of-way; and
e. 
A description of each structure located in the rights-of-way.
(2) 
Construction permit.
Unless otherwise provided by this chapter, no person shall perform any construction or installation of structures in the right-of-way without first obtaining a construction permit. The permit will be in the name of the person who will own the proposed structures. The permit must be completed and signed by a representative of the owner of the proposed structures. The permit shall state to whom it is issued, location of work, location of proposed structures, estimated dates and times the work is to take place and any other conditions set out by the mayor or his designee, or other decision making body when applicable.
a. 
Permit information required.
The person requesting a permit will provide the mayor or his designee with documentation describing:
1. 
The proposed, approximate location and route of all structures to be constructed or installed and the applicant's plan for right-of-way construction.
2. 
Engineering plans provided on a drawing scale not smaller than one inch equals 100 feet unless otherwise approved by the mayor.
3. 
Description of all existing public and private utilities in close proximity to the applicant's proposed route.
4. 
Description of the applicant's proposed installation, such as pipe size, number of interducts, valves, etc.
5. 
Description of plans to remove and replace pavement or drainage works in streets. Plans submitted must conform to city standard construction requirements.
6. 
Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc., including depth.
7. 
Manholes of the type the applicant plans to use or access.
8. 
Complete legend of drawings submitted by the applicant, which may be provided by reference to previously submitted documents.
9. 
Three sets of engineering plans must be submitted with the permit application.
10. 
The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the estimated dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the mayor or his designee.
11. 
Proof of insurance or net worth as required.
b. 
Access to site.
All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The mayor or his designee shall be provided access to the work and to such further information as may reasonably be required to ensure compliance with the permit.
c. 
Plans at site.
A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the mayor or his designee at all times when construction or installation work is occurring.
d. 
Timeliness.
All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the mayor or his designee.
e. 
Insurance and bonds.
1. 
An applicant must provide proof of liability insurance in the amount of $1,000,000.00, as approved by the mayor or his designee. Such requirements may be waived by the mayor or his designee, if the applicant provides acceptable evidence of self-insurance backed by assets equal to but not less than a net worth in the amount of at least $5,000,000.00 as approved by the mayor or his designee and the director of financial services or his designee.
2. 
The coverage provided shall be on an occurrence basis and shall include coverage for personal injury, contractual liability, premises liability, medical damages, underground explosion and collapse hazards.
3. 
Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than 30 days before canceling, failing to renew, or reducing policy limits.
4. 
The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts.
5. 
Applicant shall file a surety bond from a surety company authorized to do business in the state in the amount of $15,000.00 to guarantee the restoration of the right-of-way in the event the applicant leaves a job site in the right-of-way unfinished, incomplete, or unsafe. Such requirement for a surety bond may be waived by the mayor or his designee upon a showing of financial responsibility by the applicant.
f. 
Approval.
Unless otherwise provided by this chapter, requests for permits shall be approved or disapproved by the mayor or his designee within a reasonable time of receiving all the necessary information. The mayor or his designee shall use his best efforts to approve or disapprove a request for permit as soon as possible.
g. 
Pre-construction meeting.
The mayor or user may request a pre-construction meeting.
(3) 
Exception to construction permit and registration requirement.
The following activities shall not be required to obtain a permit under this chapter:
a. 
Emergencies.
Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the mayor must be notified in writing within two business days of any construction related to an emergency response. A reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities moved shall be provided as soon as practicable.
b. 
Routine maintenance.
Except as specifically provided otherwise by this chapter, the installation of structures necessary to initiate utility, water, wastewater or other service to a customer's property or the repair or maintenance of existing structures, unless such repair or maintenance requires the breaking of pavement, excavation in the right-of-way, or the closure of a public traffic lane for greater than two hours, are not required to obtain a permit under this chapter.
(Ordinance of adopted 8/24/2017, § II(49-2))
(a) 
Advance notice required.
The mayor shall be notified 24 hours in advance that construction is ready to proceed by either the right-of-way user, the contractor or representative, including the name, address, and phone numbers of the contractor performing the actual construction, and the name and telephone number of the individual who will be available at all times during construction. Failure to provide the above information will result in the suspension of the permit until the required information is received.
(b) 
Conformance to other laws.
All construction shall be in conformance with all city codes and applicable local, state, and federal laws.
(c) 
Erosion control.
Erosion control measures (i.e., silt fence) and advance warning signs, markers, cones, and barricades must be in place before work begins. Permit holder may be required to show proof of EPA-approved plans relating to stormwater and erosion when applicable or a letter stating such plans are not required. The user shall comply with city, state, and federal guidelines regulating stormwater management erosion control. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing, or straw bales, as appropriate.
(d) 
Lane closures.
Lane closures on collectors and thoroughfares, as identified by the city's thoroughfare plan, is limited to after 8:30 a.m. and before 4:00 p.m. unless the mayor grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and thirty-six-inch reflector cones placed according to the specifications of the mayor.
(e) 
Workmanship.
Users are responsible for the workmanship and any damages caused by a contractor or subcontractor. A responsible representative of the permit holder will be available to the mayor at all times during construction.
(f) 
Notice of damage.
All users shall notify the mayor immediately of any damage to other utilities, either city or privately owned.
(g) 
Prior approval required for street or sidewalk cut.
Except in the event of an emergency, prior approval must be obtained from the mayor when a street or sidewalk cut is required and all requirements of the city shall be followed. Repair of all street and sidewalk removals shall be made promptly to avoid safety hazards to vehicle and pedestrian traffic.
(h) 
Interference prohibited.
Newly installed structures shall not interfere with facilities or structures of other users, in particular gravity dependent facilities.
(i) 
Depth.
Structures shall be installed at a minimum of two feet depth, unless approved by the mayor or as otherwise provided by this chapter.
(j) 
Working hours.
Except in the event of an emergency, working hours in the rights-of-way are 7:00 a.m. to 7:00 p.m., Monday through Saturday. Work that needs to be performed after 7:00 p.m. Monday through Saturday must be approved in advance. Except in the event of an emergency, any work performed on Sunday must be approved 24 hours in advance by the mayor. Directional boring is permitted only Monday through Friday, unless approved in advance.
(Ordinance of adopted 8/24/2017, § II(49-3))
Right-of-way users shall provide the mayor director or his designee with plans of record within ten days of completion of structures in the right-of-way. The plans shall be provided to the city in the format specified by the mayor. Submittal of plans of record should be in digital formatting as well as written or in any other format requested by the mayor. The requirement to provide plans of record may be waived by the mayor upon a showing of good cause.
(Ordinance of adopted 8/24/2017, § II(49-4))
Prior to initiating construction of a city project in the right-of-way, the city will provide each right-of-way user preliminary project plans at various stages of completion (i.e., 30 percent plans, 60 percent plans, 90 percent plans and final plans). Upon receipt of the first submittal of preliminary project plans (30 percent plans), each right-of-way user shall be responsible for verifying the location of its underground structures in the vicinity of the city's project. In verifying the location of structures as required by this section, each right-of-way user shall compile the information obtained regarding any structures located in the right-of-way that are potentially affected by the city project and shall, within 30 days of receipt of the first submittal of the preliminary project plans, make that information available to the city in a written and verified format acceptable to the city's project director or his designee. Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other mayor projects (i.e., install or improve storm drains, water lines, sewer lines) it shall be deemed necessary by the city council to remove, alter, change, adapt, or conform the underground or overhead structures of a right-of-way user, such alterations shall be made by the owner of the structures at the owner's expense within 45 calendar days from the receipt of written notice to make the alterations, unless a different schedule has been approved by the project director or his designee. The owner of the structures shall be responsible for any direct costs incurred by the city, associated with project delays resulting from owner's failure to conform structures within the time limits established by this section. Reimbursement for all costs provided for by this paragraph shall be made within 30 calendar days from the day which the owner receives written notice of such costs.
(Ordinance of adopted 8/24/2017, § II(49-5))
(a) 
Proper installation required.
Structures in the rights-of-way shall be properly installed, repaired, upgraded and maintained. Structures shall be considered to be improperly installed, repaired, upgraded, or maintained if:
(1) 
The installation, repairs, upgrade, or maintenance endangers people;
(2) 
The structures do not meet the applicable city requirements;
(3) 
The structures are not capable of being located using standard practices; or
(4) 
The structures are not located in the proper place in accordance with the plans approved by the mayor.
(b) 
Existing structures.
This section shall not apply to structures installed prior to the effective date of the ordinance from which this chapter is derived unless such structures are repaired or upgraded.
(c) 
Mayor review of poles.
When poles are used, the type of poles, location, depth, upgrades, etc., shall be subject to review of the mayor, unless otherwise provided by this chapter.
(Ordinance of adopted 8/24/2017, § II(49-6))
(a) 
Affected property restored.
Users of the right-of-way shall restore property affected by construction in the right-of-way to a condition that is equal to or better than the condition of the property prior to the performance of the work. This includes, but is not limited to, replacing all natural ground cover with an equal or better type of ground cover damaged during work, either by sodding or seeding, as directed by the mayor.
(b) 
Restoration requirements.
Restoration shall be to the reasonable satisfaction of the mayor. The restoration shall include, but not be limited to:
(1) 
Installation of all manholes and handholes, as required;
(2) 
All bore pits, potholes, trenches, or any other holes shall be covered or barricaded daily;
(3) 
Leveling of all trenches and backhoe lines;
(4) 
Restoration of excavation site to city specifications.
(c) 
Locator flags.
All locator flags shall be removed during the cleanup process by the permit holder or his contractor at the completion of the work.
(Ordinance of adopted 8/24/2017, § II(49-7))
If any provisions of this chapter are not followed, a permit may be revoked by the mayor. If any person fails to follow the terms and conditions of this chapter in work performed pursuant to a permit, except as provided by article III of this chapter, new permits may be denied or additional terms required prior to issuance of permits to the same user.
(Ordinance of adopted 8/24/2017, § II(49-8))