§ 21-53. Permit requirements.

Any person desiring to conduct facilities work within public rights-of-way must first apply for and obtain a permit, in addition to any other building, permit, license, easement, or authorization required by law, unless such facilities work must be performed on an emergency basis, then the person conducting the work shall as soon as practicable notify the city of the location of the work and shall apply for the required permit by the next business day following the commencement of the facilities work. A permit should be obtained for each project.

(1)

All applications for permits shall be submitted to the city engineer. The city engineer shall design and make available standard forms for such application, requiring such information as the city engineer determines to be necessary, to be consistent with the provisions of this article, to accomplish the purposes of this article.

As a minimum the application should have the following information:

a.

The name, address, and telephone number of applicant.

b.

The legal status of the applicant.

c.

The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's facilities work in or on the city public rights-of-way.

d.

The name, address, and telephone number of the owner of the facilities if different than the applicant.

e.

An engineering site plan showing the proposed location of the applicant's facilities including manholes or overhead poles; the length, size, type, and proposed depth of any conduit or any other enclosures; and the relationship of the facilities to all existing streets; length of rights-of-way; the number of road crossings and the dimensions and character of any cut or excavation, and the number of square feet to be resurfaced.

f.

Each application should include the projected commencement and termination dates or, if such dates are unknown at the time the permit is issued, a provision requiring the permit holder to provide the city engineer with reasonable advance notice of such dates once they are determined.

g.

Certificates of insurance as required in Appendix B.

h.

Any additional information that the city engineer may require which may include such conditions and requirements as are reasonably necessary to protect structures and facilities in the public rights-of-way from damage and for the proper restoration of such rights-of-way, structures and facilities, and for the protection of the public and the continuity of pedestrian and vehicular traffic.

(2)

Building permits issued by the codes administrator shall include authorization to make and repair individual service connections in the public right-of-way without the need for a separate right-of-way permit. All repairs to the right-of-way made as a result of individual service connections shall be in accordance with section 21-54(b) and Appendix A of this article.

(3)

Each such application shall be accompanied by payment of fees as designated in this article.

(4)

The city engineer shall review each application for a permit and, upon determining that the applicant has all requisite authority to perform the desired facilities work, and that the applicant has submitted all necessary information and has paid the appropriate fee, shall issue the permit, except as provided in section 21-53(8) hereof.

(5)

It is the intention of the city that disruption of the public rights-of-way should be minimized. Upon receipt of an application for a permit, the city engineer shall do the following.

a.

Evaluate the degree of excavation necessary to perform the facilities work in the right-of-way and determine whether the proposed excavation will be more than minor in nature. The city engineer shall grant a permit within ten (10) business days for facilities work deemed minor in nature. If the applicant can show to the city engineer's reasonable satisfaction that the facilities work involves time sensitive maintenance; then the city engineer shall grant the permit within two (2) business days. In either instance if the permit is not issued in ten (10) business days, the aggrieved party may appeal to the city manager as provided in section 21-53(9), unless the applicant is submitting one (1) project application for multiple excavations, constructions or installations; and

b.

For circumstances where the city engineer determines that the proposed facilities work will not be minor in nature and no exemption under section 21-53(5)a or any other provisions of this subsection applies, the city engineer may, consistent with the time requirements set forth in section 21-53(5) and in the permit, direct permit holders performing facilities work in the same area to consult with the city engineer on how they may schedule and coordinate their work to accomplish the goal of this section. If the permit is not issued within ten (10) business days, the aggrieved party may appeal to the city manager as provided in section 21-53(9) of this section, unless the applicant is submitting one (1) project application.

(6)

An applicant receiving a permit shall promptly notify the city engineer of any changes in the information submitted in his application.

(7)

The city engineer shall maintain an index of all applicants who have been granted permits and their point(s) of contact.

(8)

The city engineer may deny an application for the following reasons if deemed in the public's interest.

a.

Past due fees from prior permits,

b.

Failure to return the right-of-way to its previous condition under previous permits,

c.

Undue disruption to existing utilities, transportation, public or city use,

d.

Area is environmentally sensitive as defined by state or federal statute,

e.

Failure to provide required information,

f.

The applicant is in violation of the provisions of this article, or

g.

Location would impede maintenance of existing facilities.

If a permit is denied under subsections 8(c) or 8(d) the city engineer will cooperate with the applicant to identify alternative routes which most nearly match the routes requested by applicant for the placement of facilities.

(9)

Applicant may appeal any final decision of the city engineer to the city manager, which appeal shall be acted upon by the city manager within five (5) business days; and if denied by the city manager, the applicant may then appeal to the city council of the city, which shall act upon the appeal within sixty (60) days.

(10)

Applicable fees:

a.

Any fees collected pursuant to this section will be used only to reimburse the city for costs incurred in of managing the rights-of-way and will not be used to generate revenue to the city above such costs.

1.

Excavation permit fee—Thirty-five dollars ($35.00)

2.

Annual excavation permit fee for nonexclusive franchisees and owners of facilities that maintain more than one thousand (1,000) lineal feet of facilities within the public right-of-way—Two hundred fifty dollars ($250.00)

b.

Fees for private connections for water and sewer service shall be in conformance with chapter 25.

(Ord. No. 11386, § 2, 5-3-99)