§ 1208. Rights-of-way construction permits.

A.

Permit Requirement. To apply for a rights-of-way construction permit, an applicant shall furnish the following:

1.

Name of the owner or operator of the facility; and

2.

A sketch or drawing of the project; and

3.

Dates of the construction activity, the proposed start and stop times and any proposal to temporarily reopen any roadway for any "peak hour" period; and

4.

The names of any known subcontractors working on the proposed project under the applicant's responsibility and authority; and

5.

Proof of payment of all money due the City for occupancy fees, rights-of-way construction permit fees, cable service fee, thermal service ROW usage fee and any invoiced cost, loss, damage or expense suffered by the City as a result of the applicant's prior construction activity, including but not limited to any emergency action taken by the City; and

6.

Evidence that the applicant has obtained the insurance coverage required by Section 1211 of this title; and

7.

A traffic control plan in compliance with Subsection 1210.F of this title; and

8.

A list of the applicant's emergency providers, including name of company, local contact person, mailing and e-mail address, 24-hour emergency phone number and pager or fax number. This information shall be kept current by written notice to the Public Works Director; and

9.

For Major Projects, as defined by Section 1202 of this title, the following may be required:

a.

Detailed engineering plans. The plans shall show the location and area of the proposed project, the locations of all existing and proposed equipment and facilities, the height and/or depth of the proposed equipment and existing facilities and the spatial relationship with any adjacent infrastructure, rights-of-way line, easement, utility and/or other physical features. The plans shall be prepared under the direction of and signed by a registered professional engineer, and shall meet the size and scale as set forth in the Department of Public Works's Standard Design Criteria Manual; and

b.

A copy of the engineering plans in an electronic format acceptable to the Public Works Director; and

c.

The applicant shall meet with the Public Works Director for a pre-work conference prior to issuance of rights-of-way permits.

B.

Application and Permit Fees. Rights-of-way occupants shall be required to pay both application and/or permit fees, as applicable, unless otherwise exempted. Upon submission of a permit application, an application fee of One Hundred Fifty Dollars ($150.00) shall be paid to the Public Works Director. This fee is nonrefundable and must be collected before review of the application begins. Upon approval of the rights-of-way construction permit, the applicant shall remit to the Public Works Director a permit fee. This fee shall be calculated based on the following components:

1.

Traffic Disruption Fee. An arterial street traffic disruption fee shall be charged whenever either the time estimated for project completion indicates a planned arterial street traffic disruption more than five (5) consecutive calendar days in duration or the actual project time has exceeded five (5) consecutive calendar days, as determined by the date from when an arterial street roadway excavation is commenced until the date when the Public Works Director is notified that the ROW excavation has been closed. In the event a disruption fee is payable, its amount shall be determined by multiplying the estimated or actual number of days in excess of five (5) by the traffic count number of vehicles, calculated at twelve cents ($0.12) per vehicle, and the length of the obstruction measured in one thousand (1,000) foot increments. (Fee = days x length x # of vehicles x .12). The number of vehicles shall be equal to the number of same lane direction vehicles as measured closest to the excavation location and on the same arterial roadway by the current traffic count map published by the City Traffic Engineer.

2.

Parking Meter Fee. A parking meter fee, if applicable, shall be charged and shall be computed as follows: Ten Dollars ($10.00) for the first ten (10) meters that must be hooded and locked for the project, and Four Dollars ($4.00) for each additional ten (10) meters thereafter, plus Five Dollars ($5.00) per meter for the first day and Three Dollars ($3.00) for each additional day that the meter is hooded.

3.

Degradation Cost. The permit fee for any project, whether a major project or not, that involves excavation shall also include:

a.

All fees set forth in Title 35, Chapter 3, Tulsa Revised Ordinances; and

b.

A degradation cost that is calculated as shown on the attached Schedule A, Part 1 of this chapter.

ROW occupants which do not have an occupancy permit shall have the following components added to the application and permit fees:

4.

Permit and Licensing System Maintenance Fee. A surcharge of Two Dollars ($2.00) shall be charged for each permit to maintain the permit and licensing system; and

5.

Record Retention Fee. A surcharge of One Dollar ($1.00) per page shall be charged for each permit for retention of permits and associated data by microfilming, computer imaging or other method of storage of records; and

6.

Inspection Fee. A charge of Nine and 50/100 Dollars ($9.50) per one hundred (100) feet of project area as defined in the application shall be charged as an inspection fee; and

7.

Project Plans Review Fee. A permit fee for a major project shall also consist of a plans review fee of Fifty Dollars ($50.00) per sheet. The minimum plan review fee is One Hundred Fifty Dollars ($150.00).

C.

Permit Terms and Conditions. Each rights-of-way construction permit shall describe the general location of the permitted project, the size of the obstructed area, the duration of the permit, which shall be based on the amount of time estimated for completion of the permitted activity and any special conditions or other information deemed relevant by the Public Works Director. A rights-of-way construction permit shall be issued or denied within fifteen (15) days of submission of a completed application and payment of all required fees. In the event of denial, the Public Works Director shall advise the applicant of all steps necessary to secure approval of the permit.

D.

Emergency Permits.

1.

An emergency rights-of-way construction permit is available for projects. Any emergency excavation required to maintain the safety and well being of the general public should be commenced without delay. Notification must be provided to the Public Works Director within two (2) hours of the commencement of the project. This notification shall consist of the following:

a.

Anticipated date, duration, start and stop time, location (site address if possible), including nearest cross street; and

b.

Size of the obstruction and work area less any normal traffic control in advance; and

c.

Applicant's company name; and

d.

Facility owner's name; and

e.

Local contact information; and

f.

General description of the type of construction activity and/or facilities installed.

2.

Holders of emergency ROW construction permits shall notify the Public Works Director upon the completion of the project. All persons, including franchisees, engaged in an activity within the arterial rights-of-way not specifically exempt in this section, must notify the Public Works Director that an obstruction will occur.

3.

In order to qualify for an emergency ROW construction permit, a permittee must possess a current occupancy permit.

E.

Permit Conditions. A permittee shall adhere to the following requirements:

1.

All current engineering requirements and construction standards as described in Section 1210 of this chapter; and

2.

All current rights-of-way construction permits shall be maintained on each work site. All rights-of-way construction permits shall be presented upon request to any representative of the Public Works Director; and

3.

Excavation projects are subject to the requirements of Section 1210 of this chapter; and

4.

All restoration work required of any roadway pavement by any permit holder shall be performed by the City's Public Works paving cut contractor unless exempted by the Public Works Director. Upon completion of the work and the subsequent removal of the obstruction, the permittee shall be obligated to notify the Public Works Director that the obstruction has been removed.

F.

Failure to Apply. Any person failing to comply with this section shall be precluded from obtaining any rights-of-way construction permit or performing any further construction within the City's arterial rights-of-way for up to twelve (12) months from the date of notification, in addition to any monetary penalty imposed pursuant to Section 1226 of this chapter.

G.

Renewal. In the event that a permitted project does not conclude prior to expiration of the rights-of-way construction permit under which it is being performed, the permittee shall apply to the Director for an extension of the permit. The following information shall be submitted:

1.

Statement from the permittee indicating the reason for the delay in completion of the project; and

2.

Date that the permittee anticipated the project to be completed; and

3.

Any applicable permit fees established at the time of issuance of the original permit.

(Ord. No. 19945)