| Excavation Permit |
141.10 PERMIT APPLICATIONS.
1. Application for a Permit is made to the City. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with,
the requirements of the following provisions:
A. Registration with the City pursuant to this chapter.
B. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the
proposed project and the location of all existing and proposed equipment.
C. Payment of all money due to the City for:
(1) Permit fees and costs due;
(2) Prior obstructions and excavations;
(3) Any loss, damage, or expense suffered by the City as a result of applicant’s prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the City; and
(4) Franchise fees, if applicable.
2. When an excavation permit is requested for purposes of installing additional equipment, and a performance and restoration bond which is in
existence is insufficient with respect to the additional equipment in the sole determination of the City, the permit applicant may be required by the City
to post an additional performance and restoration bond in accordance with Section 140.04(1).
141.11 ISSUANCE OF PERMIT; CONDITIONS.
1. If the City determines that the applicant has satisfied the requirements of this chapter, the City may issue a permit.
2. The City may impose any reasonable conditions upon the issuance of a permit and the performance of the applicant thereunder in order to protect the
public health, safety, and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-
way, to minimize the disruption and inconvenience to the traveling public, and to otherwise efficiently manage use of the right-of-way.
141.12 PERMIT FEES.
1. Excavation Permit Fee. The excavation permit fee shall be established by the City in an amount sufficient to recover the following costs:
A. The City cost;
B. The degradation of the right-of-way that will result from the excavation;
C. Restoration, if done or caused to be done by the City.
2. Obstruction Permit Fee. The obstruction permit fee shall be established by the City and shall be in an amount sufficient to recover the City cost.
3. Disruption Fees. The City may establish and impose a disruption fee as a penalty for unreasonable delays in excavations, obstructions, or restoration.
4. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of all fees required prior to the issuance of such a
permit unless the applicant shall agree (in a manner, amount and substance acceptable to the City) to pay such fees within 30 days of bill therefore. All
permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit which was revoked for a breach are not refundable.
Any refunded permit fees shall be less all City cost up to and including the date of refund.
5. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for City management, construction, maintenance, and restorations
costs of the right-of-way.
1. Application for a Permit is made to the City. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with,
the requirements of the following provisions:
A. Registration with the City pursuant to this chapter.
B. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the
proposed project and the location of all existing and proposed equipment.
C. Payment of all money due to the City for:
(1) Permit fees and costs due;
(2) Prior obstructions and excavations;
(3) Any loss, damage, or expense suffered by the City as a result of applicant’s prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the City; and
(4) Franchise fees, if applicable.
2. When an excavation permit is requested for purposes of installing additional equipment, and a performance and restoration bond which is in
existence is insufficient with respect to the additional equipment in the sole determination of the City, the permit applicant may be required by the City
to post an additional performance and restoration bond in accordance with Section 140.04(1).
141.11 ISSUANCE OF PERMIT; CONDITIONS.
1. If the City determines that the applicant has satisfied the requirements of this chapter, the City may issue a permit.
2. The City may impose any reasonable conditions upon the issuance of a permit and the performance of the applicant thereunder in order to protect the
public health, safety, and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-
way, to minimize the disruption and inconvenience to the traveling public, and to otherwise efficiently manage use of the right-of-way.
141.12 PERMIT FEES.
1. Excavation Permit Fee. The excavation permit fee shall be established by the City in an amount sufficient to recover the following costs:
A. The City cost;
B. The degradation of the right-of-way that will result from the excavation;
C. Restoration, if done or caused to be done by the City.
2. Obstruction Permit Fee. The obstruction permit fee shall be established by the City and shall be in an amount sufficient to recover the City cost.
3. Disruption Fees. The City may establish and impose a disruption fee as a penalty for unreasonable delays in excavations, obstructions, or restoration.
4. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of all fees required prior to the issuance of such a
permit unless the applicant shall agree (in a manner, amount and substance acceptable to the City) to pay such fees within 30 days of bill therefore. All
permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit which was revoked for a breach are not refundable.
Any refunded permit fees shall be less all City cost up to and including the date of refund.
5. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for City management, construction, maintenance, and restorations
costs of the right-of-way.
