No person shall commence or continue with the construction, installation or operation of facilities in the public ways except as provided in this Act.
(Ord. 13-07, 2013)
Facilities in the public ways 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.
(Ord. 13-07, 2013)
No person shall construct or install any facilities in the public ways without first obtaining a construction permit therefor; provided, however:
A. 
No permit shall be issued for the construction or installation of utility facilities unless the service provider has applied for and received a franchise pursuant to this Act.
B. 
No permit shall be issued for the construction or installation of utility facilities without payment of the construction permit fee established in Section 7.445 of this Act.
(Ord. 13-07, 2013; Ord. 19-12 § 1, 2019)
Applications for permits to construct utility facilities shall be submitted upon forms to be provided by the City Public Works Department and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
A. 
That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
B. 
The location and route of all facilities to be installed on existing utility poles.
C. 
The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways.
D. 
The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.
E. 
The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.
F. 
The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant which would be impacted by construction, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
(Ord. 13-07, 2013)
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.
(Ord. 13-07, 2013)
All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(Ord. 13-07, 2013)
Within 45 days after submission of all plans and documents required of the applicant and payment of the permit fees required by this Act, the City Public Works Director, if satisfied that the applications, plans and document comply with all requirements of this Act, 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.
(Ord. 13-07, 2013)
The permittee shall submit a written construction schedule to the City Public Works Director 10 working days before commencing any work in or about the public ways. The permittee shall further notify the City Public Works Director not less than two working days in advance of any excavation or work in the public ways.
(Ord. 13-07, 2013)
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The City Public Works Director and representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
(Ord. 13-07, 2013)
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 Public Works Director or representatives at all times when construction work is occurring.
(Ord. 13-07, 2013)
If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a registered Oregon land surveyor. The permittee shall relocate any facilities which are not located in compliance with permit requirements.
(Ord. 13-07, 2013)
Upon order of the City Public Works Director, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this Act, shall be removed.
(Ord. 13-07, 2013)
The permittee shall promptly complete all construction activities so as to minimize disruption of the public ways and other public and private property. All construction work authorized by a permit within public ways, including restoration, must be completed within 120 days of the date of issuance or within such extensions as may be granted by the Public Works Director for cause.
(Ord. 13-07, 2013)
Within 60 days after completion of new construction, the permittee shall furnish the City Public Works Department with two complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all facilities constructed pursuant to the permit.
(Ord. 13-07, 2013)
Upon completion of any construction work, the permittee shall promptly repair any and all public and provide property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
(Ord. 13-07, 2013)
A. 
All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of franchise facilities, whether such work is done pursuant to a franchise, permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
B. 
All restoration work within the public ways shall be done in accordance with landscape plans approved by the City Public Works Director.
(Ord. 13-07, 2013)
Unless otherwise provided in a franchise agreement, all franchise grantees are subject to the requirements of this article.
(Ord. 13-07, 2013)
The owner of the facilities to be constructed and, if different, the franchise grantee, are responsible for performance of and compliance with all provisions of this article.
(Ord. 97-21, 1997; Ord. 13-07, 2013)