§ 16-174. Necessity of a permit.

(a)

No work in, on, under, along, above or across a right-of-way or use of a right-of-way shall commence until the applicant and any co-locator each shall have applied for and obtained from the city council a right-of-way permit. Applicants with grandfathered facilities and any co-locator with grandfathered facilities located in the right-of-way shall be deemed to have applied for and been granted a valid right-of-way permit for such facilities.

(b)

An applicant or co-locator which wishes to modify or install an attachment to a grandfathered facility must file an application and treat such facility as a new facility.

(c)

Traffic lights, fire hydrants mail boxes and intrusions in the right-of-way that are accessory uses to the primary use of the property such as awnings, balconies, over-hanging signs and sidewalk cafes are exempted from this article.

(d)

Prior to the city accepting a private way as a public way, such applicant with a facility located in, on, under or across the private way and each co-locator using such facility including a co-locator public utility shall apply for and obtain a right-of-way permit from the city council.

(e)

A public utility that is petitioning for a grant of location in accordance with M.G.L.A. c. 166, § 22, M.G.L.A. c. 161, § 70, or M.G.L.A. c. 162, § 8 as part of its application for a right-of-way permit shall so indicate on the application. A right-of-way permit granted to a public utility for a facility to the extent of public utility use shall constitute a grant of location as well.

(f)

No right-of-way permit shall be granted unless applicant demonstrates to the reasonable satisfaction of the city council that sufficient existing capacity remains in existing facilities to accommodate an attachment or that applicant will construct new facilities in accordance with the requirements of this article. Except for transmission lines, in the event that all of the usable space of existing overhead facilities has been used up, the city may in its reasonable discretion require that the applicant construct new underground facilities.

(g)

All construction work contemplated by this article shall be done in a good and workmanlike manner using best engineering and construction practices and shall be done in accordance with (i) all applicable laws and regulations, (ii) all of the provisions of this article, (iii) any conditions contained in the right-of-way permit, and (iv) such reasonable supplemental instructions not inconsistent with the foregoing as the city council or its authorized representative may from time to time issue. Work that involves street opening work must comply with the city's public way excavation ordinance.

(h)

No person or entity may perform any work in or under a right-of-way unless it is a permit holder and (i) is a municipal department, public utility, telecommunications carrier or local exchange carrier or their respective officers or employees or (ii) has engaged a licensed contractor and such holder performs all such right-of-way work as agent of permit-holder.

(Ord. No. 1381, § 16-146, 6-3-04)