12.14.060 Right-of-Way Use – Permits.
(A) Any person who desires to use any portion of the City ROW shall obtain a permit from the City prior to any use, construction or entry upon the City ROW. No use of the ROW shall be authorized in any capacity or manner without first obtaining the necessary permit from the City. Any person who has obtained a permit for use of the City ROW shall report any changes in the information submitted to the City in writing within thirty (30) days of any change to such information.
(B) Prior to providing any service to the City and its residents, a service provider shall first obtain the necessary franchise agreement from the City. If state law permits the City to enter into a franchise agreement with an applicant, a franchise agreement will be required of such applicant.
(C) Applications for a ROW permit shall be submitted to the City Engineer by either the ROW user or by the person who will do the work in the ROW. Before an application may be submitted, the applicant must attend a pre-application meeting, unless waived by the City Engineer. Such pre-application meeting shall include a discussion of technical studies, plans and other information deemed relevant to the specific application request;
(D) ROW permit applications shall contain and be considered complete only upon receipt of the following:
(1) Identity and legal status of applicant, including related affiliates;
(2) Name, address, telephone number, fax number (if applicable) and email address of officer, agent or employee responsible for filing the ROW permit;
(3) Name, address, telephone number, fax number (if applicable) and email address of the local representative of the service provider who shall be available at all times to act on behalf of the service provider in the event of an emergency;
(4) Information sufficient to determine whether the service provider is subject to franchising by Kansas law;
(5) Description of the service provider’s intended use of the ROW;
(6) Proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the KCC;
(7) Maps showing the proposed location of facilities of the service provider within the City;
(8) A traffic control plan;
(9) If the ROW user is connecting to an electric power source, proof that the ROW user has obtained the proper electrical permit;
(10) Submission of a completed permit application form, including all required attachments as required by technical specifications;
(11) Payment of all money due to the City for permit fees and costs, for prior excavation costs, for any loss, damage or expense suffered by the City because of the applicant’s prior excavations of the ROW, or for any emergency actions taken by the City;
(12) In the case of applications for new telecommunications facilities, applicants shall provide notice by certified mail to all property owners within one hundred feet (100') of the proposed location of such facility, as required by the City Engineer or designee;
(13) In the case where an applicant is requesting use of City streetlight poles, a structural analysis and field inspection of such poles; and
(14) Such other information as may be reasonably required by the City to complete the application.
(E) All applications shall be processed within the timeframes required by state and federal law.
(F) If an applicant has submitted an application for a permit for the installation, construction, maintenance or repair of multiple facilities, that applicant may not submit another application for a permit for the installation, construction, maintenance or repair of multiple facilities until the first application has been approved or denied. This provision may be waived by the City Engineer.
(G) The ROW permit fee shall be established by a resolution of the Governing Body. The permit fee shall be subject to all state and federal fee limitations. The ROW permit fee may include a permit fee, inspection fee, and excavation fee, in one (1) consolidated price. Fees paid for a ROW permit, which is subsequently revoked by the City Engineer, are not refundable. Except as provided for in an emergency situation, a ROW user who is found to have worked or is working in the ROW without having first obtained a permit may be convicted of a public offense for violation of this Section and is subject to the penalties described in OMC Section 12.14.020(D). The City Engineer is further authorized to take any necessary administrative enforcement action, including but not limited to, stopping work in the ROW. The City may also charge and collect any necessary repair and restoration costs.
(H) If the City Engineer determines that the applicant has satisfied the requirements of this Chapter of the Olathe Municipal Code the City Engineer shall issue a ROW permit. The City Engineer may impose reasonable conditions upon the issuance of a ROW permit and the performance of the permittee in order to protect the public health, safety and welfare, to ensure the structural integrity of the ROW, to protect the property and safety of other users of the ROW, and to minimize the disruption and inconvenience to the traveling public.
(I) Issued permits are not transferable. If work is being done for the ROW user by another person or a subcontractor, the person doing the work and the ROW user shall be liable and responsible for all damages, obligations, and warranties herein described.
(J) Applicants may apply jointly for permits to excavate the ROW at the same time and place. Applicants who apply jointly for a ROW excavation permit may share in the payment of the permit fee.
(K) A ROW permit shall only be valid for the area of the ROW specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must do the following prior to the commencement of work in that greater area:
(1) Make application for a permit extension and pay any additional fees required thereby; and
(2) Receive a new ROW permit or permit extension.
(L) A ROW permit shall be valid only for the dates specified in the permit. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and receive a new ROW permit or a permit extension for additional time. This supplementary application must be submitted to the City prior to the permit end date.
(M) Obtaining a ROW permit under this Chapter shall not relieve the permittee of its duty to obtain any necessary permit, license, certification, grant, franchise agreement or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the FCC or the KCC, and to pay any fees required by any other City, county, state, or federal rules, laws, or regulations. A permittee shall perform all work in full accord with any and all applicable engineering codes adopted or approved by the parties and in accordance with applicable statutes of the state of Kansas, and the rules and regulations of the KCC or any other local, state or federal agency having jurisdiction over the parties. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and shall be responsible for all work done in the ROW pursuant to its permit, regardless of who does the work.
(N) Except in cases of an emergency or with approval of the City Engineer, no ROW work may be done when conditions are unreasonable for such work. A permittee shall not disrupt a ROW such that the natural free and clear passage of water through the gutters or other waterways is interfered with. Private vehicles may not be parked within or next to the permit area. (Ord. 16-58 § 1, 2016.)