Dublin Municipal Code Art. II Permit Requirements

A. No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over, or under the limits of any street in the city, or make or cause to be made any alteration of any nature within, upon, over, or under such street; or construct, put upon, maintain or leave thereon, or cause to be constructed, put upon, maintained, or left thereon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon; or set a fire thereon; or place on, over or under such street any pipe line, conduit, or other fixture; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the street without having first obtained a permit as required in this chapter.

B. No person shall construct, install, or maintain a personal wireless service facility within, upon, over, or under the limits of any street in the city without first obtaining a personal wireless service facility permit. Unless expressly set forth herein, all provisions of this chapter shall apply to personal wireless service facility permits and applications therefor.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 10; Ord. 10-17 § 1 (part))

The City Engineer shall provide an application form which shall contain such information as in the judgment of the City Engineer is necessary, including information to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment. The application shall be filed with the City Engineer.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 11; Ord. 10-17 § 1 (part))

A. The application shall be accompanied by maps, plats, sketches, diagrams or similar exhibits to the size and in the quantity as the City Engineer shall prescribe on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of the applicant to so use or encroach thereon.

B. The applicant shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 §§ 12, 13; Ord. 10-17 § 1 (part))

Applications may be approved, conditionally approved, or denied. The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the requirements of this chapter have been met and the required fees and charges have been paid, he shall issue a permit for the use or encroachment attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the city. If the City Engineer finds the requirements of this chapter have not been met, he shall deny the permit, giving the reasons therefor in writing. The City Engineer may deny a permit where trenching or cutting a street is required where the street overlay or preventative maintenance treatment, such as a slurry seal, or equivalent was completed within five years or three years, respectively.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 14; Ord. 10-17 § 1 (part))

A. Fees for issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the City Engineer.

B. A public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be required to pay all other charges. A public agency or utility may at the option of the City Engineer arrange to be billed for the required fees and charges.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 15; Ord. 10-17 § 1 (part))

A. Prior to issuance of a permit, unless waived by the City Engineer, the permittee shall deposit with the city cash, a certified or cashier’s check, or an approved surety bond in a sum to be fixed by the City Engineer as sufficient to reimburse the city for costs of restoring the street to its former condition. If the permittee anticipates applying for a number of permits throughout the year, he may file a cash deposit or approved surety bond in a sum estimated by the City Engineer as sufficient to cover the permittee’s activities during any twelve (12) month period.

B. The City Engineer may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 §§ 16, 17; Ord. 10-17 § 1 (part))

The condition of any bond or cash deposit made pursuant to this article shall be that the permittee will diligently and with good faith comply with this chapter and the terms and conditions of the permit.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 18; Ord. 10-17 § 1 (part))

Any bond or cash deposit required by the City Engineer pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, including the guaranty period set forth in Section 7.04.370 the bond or cash deposit will be released; provided, that the City Engineer may, in his discretion, allow the earlier release of the bond or cash deposit.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 19; Ord. 10-17 § 1 (part))

Cash deposits or bonds will not be required of any public utility holding a franchise with the city or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any street.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 20; Ord. 10-17 § 1 (part))

The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed with ninety (90) days or within the time stated in the permit, then the permit shall become void, and the City Engineer may restore the street in accordance with Section 7.04.060. An extension of time for good cause may be granted by the City Engineer when requested in writing.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 21; Ord. 10-17 § 1 (part))

The permittee shall keep any permit at the work site, and the permit must be shown to any authorized representative of the City Engineer or law enforcement officer on demand.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 22; Ord. 10-17 § 1 (part))

No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit except upon written authorization of the City Engineer.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 23; Ord. 10-17 § 1 (part))

No permit issued pursuant to this chapter shall be transferable or assignable to any other person.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 24; Ord. 10-17 § 1 (part))

Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other permit which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder shall not constitute authorization to encroach on any street.

(Ord. 13 § 1 (part), 1982; Ord. 15-89 § 25; Ord. 10-17 § 1 (part))