§ 304. Rights-of-way construction permits.

A.

Rights-of-Way Construction Permits. Grantee or grantee's agent shall not obstruct the rights-of-way or construct new facilities or do maintenance work on more than one hundred (100) linear feet of facilities or cut the pavement or put facilities under the pavement of any defined rights-of-way without first obtaining a rights-of-way construction permit.

B.

Permit Requirements. To apply for a rights-of-way construction permit, Grantee or grantee's agent shall furnish in writing or electronically the following:

1.

Grantee's name, as 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 agents working on the proposed project under the Grantee's responsibility and authority; and

5.

Acknowledgement of a traffic control plan in compliance with the following traffic control and safety standards and specifications:

a.

Whenever Grantee is occupying any portion of rights-of-way, Grantee or Grantee's agent shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs, and lights appropriate to the level of complexity of the activity in order to protect, warn, and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic-control plan in accordance with the Manual on Uniform Traffic Control Devices.

b.

Grantee shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the Grantee's field employees and contractors for all job sites within the rights-of-way.

6.

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

7.

For major projects, the following may be required:

a.

Detailed construction plans. These 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; and

b.

A copy of the construction plans in an electronic format acceptable to the Director; and

c.

Grantee may meet with the Director for a pre-work conference.

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 Director. A rights-of-way construction permit for major projects shall be issued or denied within fifteen (15) calendar days of submission of a completed application. All other rights-of-way construction permits shall be issued or denied within two (2) business days of submission of a completed application. In the event of denial, the 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 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.

The name of any agent performing work on behalf of the Grantee; and

d.

Grantee's name; and

e.

Local contact information; and

f.

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

2.

Grantee shall notify the Director upon the completion of the project. Grantee and any agents engaged in an activity within the rights-of-way, must notify the Director that an obstruction will occur.

3.

Whenever the Grantee performs any work under an emergency rights-of-way construction permit, the Grantee shall apply for a standard rights-of-way construction permit as soon as possible, but in any event no later than two (2) business days following the date of notification.

E.

Permit Conditions. As a condition of any rights-of-way construction permit, Grantee shall adhere to the following requirements:

1.

All engineering requirements and construction standards imposed by this franchise; 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 Director; and

3.

Excavation projects are subject to the requirements imposed by this franchise.

F.

Failure to Comply. In the event Grantee's agent fails to comply with requirements of this section, Grantee's agent shall be precluded from obtaining any rights-of-way construction permit or performing any further construction within the City's rights-of-way for up to twelve (12) months from the date of notification.

G.

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

1.

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

2.

Date that the Grantee anticipates the project to be completed.

(Ord. No. 22415, § 1, 5-19-2011)