§ 78-114. Permit required.

(a)

Permit required. It shall be unlawful for any utility to excavate or to construct, install, maintain, renew, remove or relocate facilities in, on, along, over or under the public roads of the city without a permit from the city per this [article]. Each permit shall have a set commencement and expiration date based on information provided in applicant's permit application. The permit shall remain in place until construction is completed or until its expiration date, unless the utility is in violation of this article.

(b)

Permit procedure. Utility permits shall be obtained from city on application made on forms prescribed by the city. Fees shall be set by the mayor and council. The written application shall include the following:

(1)

The name and address of the utility;

(2)

The nature, extent, and location of any work proposed to be done, along with satisfactory plans showing in detail the location, size or capacity, relationship to street features such as right-of-way lines, pavement edge, structures, etc., horizontal and vertical clearance to critical elements of the roadway and any other information necessary to evaluate the impact and operation;

(3)

The name and address of the contractor who is to do such work;

(4)

Name, address, email address, telephone and fax numbers of facilities representative(s);

(5)

The projected dates for the work to be started and finished;

(6)

An indemnity bond or other acceptable security in an amount related to the scope of the project, to be set by the city, to pay any damages to any part of the city road system or other city property or to any city employee or member of the public caused by activity or work of the utility performed under authority of the permit issued;

(7)

A copy of utility's certificate of authority (or other acceptable evidence of authority to operate) from the state public service commission and/or the FCC and any other similar approvals, permits, or agreements.

(c)

If the city determines applicant has satisfied the following requirements, the city may issue a permit.

(1)

Approval will be consistent with this [article]; and

(2)

Applicant has submitted a complete application and has secured all certificates and other authorizations required by law, if applicable, in order to construct facilities in the manner proposed by the applicant; and

(3)

No impact on safety, visual quality of the streets, traffic flow, and other users of the right-of-way.

(d)

Per O.C.G.A. § 25-9-6 (Georgia Utility Facility Protection Act) and other applicable law currently in place or as amended, no utility shall commence, perform, or engage in blasting or in excavating with mechanized excavating facilities unless and until the utility planning the blasting or excavating has given 48 hours' notice by submitting a locate request to the utility protection center, beginning the next working day after such notice is provided, excluding hours during days other than working days.

(e)

The utility shall obtain all other required construction, building or other permits or approvals as according to city ordinance, state and federal law.

(Ord. of 9-8-2009)