5.26.060 Construction Permit Required.
A. General: No person shall commence or continue with the construction, installation, or operation of telecommunications facilities within a public right-of-way except as provided in Chapter 5.26, and with all applicable codes, rules, and regulations.
B. Construction-Codes: Telecommunications facilities shall be constructed, installed, operated, and maintained in accordance with all applicable federal, state and local codes, rules, and regulations including the National Electrical Code and the National Electrical Safety Code.
C. Construction Permits: No person shall construct or install any telecommunications facilities within a public right-of-way without first obtaining a construction permit, and paying the construction permit fee established in 5.26.060(G) of this Ordinance. No permit shall be issued for the construction or installation of telecommunications facilities within a public right-of-way:
1. Unless the telecommunications carrier has first filed a registration statement with the City pursuant to 5.26.050 of this Ordinance; and if applicable,
2. Unless the telecommunications carrier has first applied for and received a franchise pursuant to 5.26.110 through 5.26.150 of this Ordinance.
D. Permit Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:
1. That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
2. That the facilities will be constructed in accordance with the franchise agreement.
3. The location and route of all facilities to be installed aboveground or on existing utility poles.
4. The location and route of all new facilities on or in the public rights-of-way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights-of-way. Existing facilities shall be differentiated on the plans from new construction.
5. The location of all of applicant's existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights-of-way along the underground route proposed by the applicant. A cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk, or right-of-way.
6. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights-of-way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate.
E. Applicant's Verification: All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans, and specifications submitted with the application comply with applicable technical codes, rules, and regulations.
F. Construction Schedule: All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the City.
G. Construction Permit Fee: Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount to be determined by resolution of the City Council. Such fees shall be designed to defray the costs of City administration of the requirements of this Ordinance.
H. Issuance of Permit: If satisfied that the applications, plans, and documents submitted comply with all requirements of this Ordinance and the franchise agreement, the City shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions, or regulations affecting the time, place, and manner of performing the work as they may deem necessary or appropriate.