O-2013-3465 Right-of-Way Ordinance and Utility Permit Process

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(f) Any Person making an excavation in the Right of Way without an effective and valid permit shall cease all excavation work when ordered to do so by the Director or his designated representative and shall not resume such work until he has complied with this subchapter. (g) When a Person other than a franchised Utility has a license or other authorization from the City to use the Right of Way and that authorization is in effect at the time that this Ordinance takes effect, the Person shall continue to operate under and comply with that current authorization from the City of whatever form, and in the event this Ordinance conflicts with the existing Authorization, the more restrictive provision shall apply. When a Utility is under a current franchise agreement with the City at the time that this Ordinance takes effect, the franchise agreement will control when the franchise agreement conflicts with this Ordinance. When a Utility enters into a new or renewed franchise agreement with the City after the adoption date of this Ordinance, the provisions of this Ordinance will control over the franchise agreement unless there is an explicit intent stated in the new franchise agreement to waive a requirement of this Ordinance. When a provision in this Ordinance is contrary to state or federal law, that state or federal law shall apply. Sec. 62-105. Information Required In Permit Application. An application for a construction permit shall contain the following information unless specifically waived by the Director or as noted below: (1) The proposed, approximate location and route of all Facilities to be constructed or installed and the Applicant's plan for Rights -of -Way construction. Plans may be submitted electronically provided that the plans are legible when printed on 11" x 17" sheets. Accurately dimensioned details and plan sketches will be sufficient provided that the plan detail is sufficient enough in the opinion of the Director for city personnel to verify that the new Facilities are being constructed along the permitted location and alignment. Where the Director believes prudent for the review of potential conflicts between the new Facilities and any existing public infrastructure, the Director may require the Utility to have the existing underground utilities marked and the Utility's proposed Facility locations staked for a field review of the proposed construction. . on