§ 24-204. Plan review and permit to commence work.  


Latest version.
  • (1)

    Engineering process and permit to commence work.

    (a)

    Approval required: No new cable, conduit, or facility construction, installation, excavation, expansion or enlargement of existing facilities in, on, under, across, or over city or public rights-of-way or property shall be permitted or authorized under the permit contract until approved according to this section. Maintenance, repairs or replacement of facilities existing as of the effective date of this article, or of facilities already approved and installed under this article are not subject to this section, unless said work shall require relocation, enlargement or expansion of facilities.

    (b)

    Submissions: There shall be submitted to the Engineering Department of the City of Tupelo for Engineering review, water and light utility and public works review, the following: (i) an original (duplicate original) or a certified copy of the fully executed telecommunications permit contract and (ii) duplicate copies of plans, specifications, maps and other documentation, or data, if any, essential to review the proposed installation of transmission lines, conduit, equipment, and facilities to be constructed or installed with symbols, marks and annotations necessary to accurately identify all public or city ways, streets, easements lands, buildings, conduit or overhead poles or lines where the work is to be undertaken. Specifications as to grade, depth or height in which facilities shall be located shall be submitted where necessary or reasonably required to avoid potential interruption or impediment to existing or planned utility services. Maps and plans shall be drawn to scale or in a manner where distances can be accurately determined and shall allow proper review and interpretation. A proposed work schedule shall be submitted. Where a dangerous or hazardous situation or traffic hazard may occur as a result of the proposed work, an identification of safety measures to be taken may be required, if not submitted.

    (c)

    Review, approval/revocation: Engineering shall furnish a copy of plans and documentation to the public works department and coordinate review with the public works department, and within 15 days after receiving the documentation required by (b) above, the engineering department by letter or other official writing to the telecommunications provider shall (i) give final approval to commence work according to plans or according to reasonable modifications or conditions specified in writing, or (ii) specify in writing to the telecommunications provider additional information or documentation required, after receipt of which the engineering department shall have five days to complete review and respond in writing, or (iii) in the event that the engineering department in conjunction with the public works department determines that the work as planned cannot for good cause be allowed in city or public rights-of-way or property, it shall give refusal and its reason therefor in writing to the telecommunications provider. If refusal to permit the planned work is for a reason that cannot be cured because modification to plans required by (i) or (ii) above are not submitted and approved within six months from the date of the city engineer's written notice, the permit contract shall be treated as revoked, and a new contract shall be required under section 24-202 to apply for a permit.

    Failure on the part of the engineering department to respond in writing as hereinabove provided in this subsection (c) within 21 days after submittal as required by subsection (b) may be treated by, the telecommunications provider as permit approval.

    (d)

    Notice of when work will commence. The telecommunications provider shall notify the engineering department in writing two business days prior to commencing work as to the time and place that it shall commence work according to approved plans. Failure to give such advance notification or to obtain a waiver of notice from the engineering department shall be grounds for the City of Tupelo to stop work, and/or suspend or revoke permit approval. Any subsequent work permitted under this section, excluding maintenance, repairs or replacement work exempted under subsection (a) above in city or public rights-of-way or property shall require the aforesaid two business days advance notice.

    (2)

    Appeals from refusal to allow work to commence. In the event that the engineering department refuses to allow work to commence or revokes the contract permit, the telecommunications provider shall have the right to appeal to the city council by submitting a written notice of appeal to the clerk of the city council with in 15 days after the date of written refusal or permit revocation. Written notice of appeal shall state the reasons upon which the telecommunications provider is aggrieved by the final decision of engineering and/or public works, and the city council shall hear the appeal expeditiously and give a final decision with such conditions, if any, as it deems proper in conformity with this article.

(Ord. of 10-21-14)