§ 34A-9. Construction in the right-of-way.
(a)
No person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a representative of the owner of the facilities to be constructed.
(1)
Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however the city should be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable.
(2)
The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement; the closure of a nonresidential traffic lane; excavation or boring.
(b)
The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the city manager or designee.
(c)
The person requesting a permit will provide the city manager or designee with documentation in the format specified by the city manager describing:
(1)
The proposed, approximate location and route of all facilities to be constructed or installed and the applicant's plan for right-of-way construction should be shown on a set of scaled dimensioned construction plans, plan/profile sheet, a street view and an aerial map. Said plans should indicate the current right-of-way lines and any existing city facilities. Said plans shall show any proposed underground conduit, type of casing pipe required, if applicable, overhead lines, network nodes, ancillary equipment, or any other facilities to be installed. The drawings shall show a cross sectional profile, identify all existing utilities and any existing or potential utility conflicts.
(2)
For installation of any proposed pole applicant shall provide sectional detail showing depth of anchor, scaled dimensional drawings of the proposed pole, as well as any other proposed equipment associated with the proposed installation, and shall indicate spacing from existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances.
(3)
All applications shall include a before and after street view image. The after-image needs to include any proposed poles and all proposed attachments, and any associated or ancillary equipment, whether attached or standalone.
(4)
If the project is within the state right-of-way, the applicant must provide evidence of a permit or permission from the state.
(5)
If a city pole or poles or light structure or structures will be used or will be in the area of the proposed construction, the pole or poles or light structure or structures will be identified. No electric meter shall be mounted on a city pole or light structure.
(6)
Provider / applicant shall use two hundred and forty (240) voltage when connecting to any city infrastructure and provide key to meter upon installation.
(7)
All plans shall reflect that no facilities to be installed will obstruct an existing or planned sidewalk, walkway, bicycle lane or lane of vehicular traffic.
(8)
Engineering plans which will be on a scale of one (1) inch equals fifty (50) feet unless otherwise approved by city manager.
(9)
Detail of the location of all right-of-way and utility easements which applicant plans to use.
(10)
Detail of all existing city utilities in relationship to applicant's proposed route.
(11)
Detail of what applicant proposes to install, such as network nodes, poles, pipes, size, number of innerducts, valves, or other facilities.
(12)
Detail of plans to remove and replace asphalt or concrete in streets (include City of Irving standard construction details).
(13)
Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, network nodes, micro-network nodes, or other facilities, including depth located in public right-of-way.
(14)
Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans to use or access.
(15)
Complete legend of drawings submitted by applicant.
(16)
Five (5) sets of engineering plans must be submitted with permit application.
(17)
The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work.
(18)
The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, and other applicable information) are subject to approval of the City Manager or designee.
(19)
A statement that the requirements of subsection 34A-8 "Registration" are met.
(20)
A traffic control plan approved by the city manager, which shall specify the traffic control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.
(21)
No projecting attachments shall be less than eight (8) feet above the ground, if not projecting toward the street. If an attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground.
(22)
Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with city public safety radio system, traffic signal light system or other city communications systems or components, regardless of whether or not a permit is required. The right-of-way user shall provide evidence in a form acceptable to the city that the proposed installation will be compatible with said city systems and will not cause any interference with the city public safety radio system, traffic signal light system or other city communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference.
(23)
The plans shall demonstrate that all federal and state laws and city ordinances will be obeyed, and that all sections of this chapter, including article III "Design Manual" will be complied with as applicable. Construction in right-of-way adjacent to a school shall be required to follow all state law requirements, including the requirements in the Educational Code regarding work on school grounds, including but not limited to chapters 21 and 22, as applicable.
(d)
All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city manager or designee shall be provided access to the work and to such further information as he or she may reasonable require to ensure compliance with the permit.
(e)
A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city manager or designee at all times when construction or installation work is occurring.
(f)
All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the city manager or designee. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.
(g)
A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the City of Irving, if requested by the city manager and a copy of written permission for work in railroad right-of-way from the applicable railroad if requested by the city manager;
(h)
A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the city manager or designee.
(i)
Requests for permits will be approved or disapproved by the city manager or designee within a reasonable time or receiving all the necessary information. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.
(j)
The city manager or the applicant can request a pre-construction meeting with the permittee and their construction contractor.
(k)
Permit applications are required for construction on new, replacement or upgrading of the company's facilities in the right-of-way either aerial or underground.
(l)
The failure of a person to request and obtain a permit from the city prior to performing any of the above listed activities in, or over any right-of-way, except in an emergency, will subject the person to a stop-work order from the city and enforcement action pursuant to the City's Code of Ordinances.
(m)
If the person receiving the permit fails to act upon the permit within one hundred eighty (180) calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.
(n)
If State or Federal law provides that a permit is not required for certain work to be done, then a person proposing to do such work shall be required to provide notice two (2) working days prior to performing such work. The following requirements must be met, even if no permit is required pursuant to State or Federal law:
( Ord. No. 2017-9964, § 2, 8-10-17 )