(A) Certificate of registration applications. To obtain a certificate of registration to construct, own or maintain any system within the city, or to obtain a renewal of a certificate of registration issued pursuant to this chapter, an application must be filed with the city on the form adopted by the Department of Public Service. For all applications, the city shall collect an application fee, unless exempt under § 1074.04(D) of this chapter. The application fee shall be equal to all the actual and direct costs incurred by the city that are associated with receiving, reviewing, processing and granting (or denying) an application. At the time of its decision to either grant or deny an application, the city shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing and granting (or denying) the application and provide a written invoice to the applicant for the appropriate amount. The city shall require that the applicant remit all application fee amounts invoiced within 30 days of its decision to either grant or deny a certificate of registration. Any applicant who fails to timely remit such invoiced application fee amounts shall be subject to the penalties of this chapter, the imposition of any other legal or equitable remedies available to the city and the immediate revocation of any certificate of registration having been issued.
(B) Information required for application to obtain a certificate of registration.
(1) The applicant or provider shall keep all of the information required in this section current at all times; provided further that, applicant or provider shall notify the city of any changes to the information required by this section within thirty days following the date on which the applicant or provider has knowledge of such change. The information provided to the city at the time of application shall include, but not be limited to:
(a) Each applicant’s name, legal status (i.e., partnership, corporation and the like), street address, e-mail address, telephone number and facsimile number, if applicable;
(b) The name, address, e-mail address, telephone number and facsimile number, if applicable, of a system representative. The system representative shall be available to the city at all times. Current information regarding how to contact the system representative in an emergency shall be provided at the time of application and shall be updated as necessary to assure accurate contact information is available to the city at all times; and
(c) A certificate of insurance where required to be provided to meet the requirements of this section shall:
1. Verify that an insurance company licensed to do business in the state has issued an insurance policy to the applicant;
2. Verify that the applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the:
a. Use and occupancy of the rights-of-way by the applicant, its officers, agents, employees and contractors; and
b. Placement and use of facilities in the rights-of-way by the applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of underground facilities and collapse of property.
3. Name the city, its elected officials, officers, employees, agents and volunteers as an additional insured as to whom the comprehensive general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverages, as is required within this chapter;
4. Require that the city be notified 30 days in advance of cancellation of, or coverage changes in, the policy. The liability insurance policies required by this section shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be diminished in value, canceled nor the intention not to renew be stated, until thirty (30) days after receipt by the City, by registered mail, return receipt requested, of a written notice addressed to the Mayor or her/his designee of such intent to cancel, diminish or not to renew. |
5. Within 30 days after receipt by the city of said notice, and in no event later than five days prior to said cancellation, the provider (or applicant) shall obtain and furnish to the Service Director a certificate of insurance evidencing replacement insurance policies;
6. Satisfy the requirements for comprehensive liability coverage, automobile liability coverage and umbrella coverage as follows:
a. Comprehensive general liability insurance: comprehensive general liability insurance to cover liability, bodily injury, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
i. Bodily injury: each occurrence - $1,000,000; annual aggregate: $3,000,000;
ii. Property damage: each occurrence: $1,000,000; annual aggregate: $3,000,000;
iii. Personal injury: annual aggregate: $3,000,000;
iv. Completed operations and products liability shall be maintained for six months after the termination of a certificate of registration; and
v. Property damage liability insurance shall include coverage for the following hazards:
(A) E - Explosion;
(B) C - Collapse; and
(C) U - Underground.
b. Comprehensive auto liability insurance: comprehensive auto liability insurance to cover owned, hired and non-owned vehicles must be maintained. The applicant may maintain comprehensive auto liability insurance as part of applicant’s comprehensive general liability insurance, however, said insurance is subject to approval by the Mayor or her or his designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
i. Bodily injury: each occurrence: $1,000,000; annual aggregate: $3,000,000; and
ii. Property damage: each occurrence: $1,000,000; annual aggregate: $3,000,000.
(2) Additional insurance: the city reserves the right to require any other insurance coverage it deems necessary after review of any proposal submitted by applicant.
(3) Self-insurance: those applicants maintaining a book value in excess of $50,000,000 may submit a statement requesting to self-insure. If approval to self-insure is granted, applicant shall assure the city that such self-insurance shall provide the city with no less than would have been afforded to the city by a third party insurer providing applicant with the types and amounts of coverage detailed in this section. This statement shall include:
(a) Audited financial statements for the previous year;
(b) A description of the applicant’s self-insurance program;
(c) A listing of any and all actions against or claims made against applicant for amounts over $1,000,000 or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above $50,000,000; and
(d) The Service Director may modify or waive these requirements if they are not necessary to determine the sufficiency of the self-insurance. The Service Director may request applicable and pertinent additional information if it is necessary to determine the sufficiency of the self-insurance.
(4) The city’s examination of, or failure to request or demand, any evidence of insurance in accordance with this chapter shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant’s obligations under this chapter.
(5) Documentation that applicant or provider maintains standard workers’ compensation coverage as required by law. Similarly, the provider shall require any subcontractor to provide workers’ compensation coverage in amounts required by law for all of the subcontractor’s employees.
(6) If the person is a corporation, upon specific request of the city, a copy of the certificate of incorporation (or its legal equivalent) as recorded and certified to by the Secretary of State (or legal equivalent) in the state or country in which incorporated.
(7) A copy of the person’s certificate of authority from the PUCO and/or the FCC and/or FERC, if the person is lawfully required to have or actually does possess such certificate(s) from said commission(s) and any other approvals, permits or agreements.
(8) Upon request of the city, a narrative (or if applicable, PUCO/FCC/FERC application information) describing applicant’s proposed activities in the city including credible information detailing applicant’s financial, managerial and technical ability to fulfill applicant’s obligations under this chapter and carry on applicant’s proposed activities.
(C) Criteria for issuance of a certificate of registration. In deciding whether to issue a certificate of registration, the city shall consider:
(1) Whether the issuing of the certificate of registration will promote the health, safety and welfare of the city and its citizens;
(2) Whether the issuing of the certificate of registration will be consistent with this chapter and the city code;
(3) Whether applicant has submitted a complete application and has secured all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the applicant;
(4) Whether the applicant is delinquent on any taxes or other obligations owed to the city, county or state;
(5) Unless applicant is otherwise exempted from such consideration by Ohio R.C. 4939.03(c)(5), whether the applicant has the requisite financial, managerial and technical ability to fulfill all of its obligations under this chapter and the issuance of a certificate of registration; and
(6) Any other applicable law, ordinance, rule or regulation.
(D) Grant or denial of an application for a certificate of registration.
(1) The city, not later than 60 days after the date of filing by an applicant of a completed application, shall grant or deny the application.
(2) If an application for a certificate of registration is denied, the applicant may request from the city, within 30 days of the notice of denial, the city shall provide in writing its reasons for denying the application.
(E) Obligations of a provider upon receipt of a certificate of registration. In addition to the other requirements set forth herein and in the rules and regulations of the city, each provider shall:
(1) Use its best efforts to cooperate with other providers and users of the rights-of-way and the city for the most efficient, and least obtrusive use of rights-of-way, consistent with safety and to minimize traffic and other disruptions including street cuts;
(2) When possible, participate in joint planning, construction and advance notification of rights-of- way work, as may be required by the city;
(3) Upon reasonable written notice, and at the direction of the Service Director, promptly remove or rearrange facilities as necessary for public safety;
(4) Perform all work, construction, maintenance or removal of facilities within the rights-of-way in accordance with industry standard of care, construction and arboricultural practice (if applicable), including any appropriate state building codes, safety codes and law, and use best efforts to repair and replace any street, curb or other portion of the rights-of-way, or facilities located therein, to a condition to be determined by the Service Director to be adequate under current standards and not less than substantially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the city and other providers, all in accordance with all applicable provisions of this chapter, the code and any rules and regulations that the city may adopt;
(5) Construct, install, operate and maintain its facilities and system in a manner consistent with all applicable laws, ordinances, construction standards and governmental requirements including, but not limited to, the city’s Zoning Ordinance, the National Electric Safety Code, National Electric Code and applicable FCC, FERC or other federal, state and/or local rules and regulations;
(6) Be on notice that removal of trees, or the use of vegetation management programs within the rights-of-way of the city requires prior written approval by the Service Director or his or her designee. Any such activities, unless an emergency, shall only be performed following the prior written approval of the Service Director or his or her designee and must be performed in accordance with the then most current standard horticultural and arboreal practices as promulgated by entities such as the National Arbor Day Foundation, the International Society of Arboriculture and the tree care industry, all as may be required by the city. Pruning shall at a minimum meet or exceed the requirements of the most current version of the American National Standards Institute ANSI A300 standard. Any additionally required horticultural and arboreal practices and guidelines shall be described in the Rules and Regulations adopted by the Service Director pursuant to § 1074.08(E) of this chapter. Emergency removal of trees or the use of vegetation management programs within the rights-of-way of the city may be performed in rights-of-way as described herein and in accordance with the rules and regulations, but the Service Director shall be provided notice of such emergency work being performed within two business days of the start of the work. Any non-emergency tree removal or the use of vegetation management programs within the rights-of-way that is performed without the Service Director or designee’s written permission shall subject a person to the penalties of §1074.99 of this chapter and may further require that the tree or vegetation be replaced, at the sole expense of the responsible person, with a healthy tree or vegetation of like kind and quality;
(7) Warrant that all worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the provider’s facilities within the rights-of-way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration;
(8) Use its best efforts to cooperate with the city in any emergencies involving the rights-of-way;
(9) Provider shall, weather permitting, remove all graffiti within 30 calendar days of notice. The provider shall remove any and all graffiti on any of the provider’s facilities located within the city rights-of- way. Should the provider fail to do so, the city may take whatever action is necessary to remove the graffiti and bill the provider for the cost thereof;
(10) Providers shall field identify their facilities in the rights-of-way whenever providers are notified by the city that the city has determined that such identification is reasonably necessary in order for the city to begin planning for the construction, paving, maintenance, repairing, relocating or in any way altering any street or area in the rights-of-way, as defined in this chapter. The city shall notify the providers of the city’s date to begin the process at least 30 days prior to the commencement of said activities. In field identifying facilities:
(a) Providers shall identify all facilities that are within the affected rights-of-way using customary industry standards and distinct identification;
(b) Facilities will be so marked as to identify the provider responsible for said facilities;
(c) Should any such marking interfere with the facilities’ function, create a safety problem or violate any safety code, alternative methods of marking the facilities may be approved by the Service Director; and
(d) All markings should be clearly readable from the ground and include the provider’s name, logo and identification numbering or tracking information. No advertising will be permitted.
(11) A provider that is replacing an existing utility pole shall be responsible for coordinating with all other providers to ensure the orderly transfer of all lines or cables to the replacement utility pole, the removal of the existing utility pole and the restoration of the rights-of-way within 30 days, weather permitting, after the replacement utility pole is installed. Upon request, the Service Director may grant the provider additional time for good cause.
(F) Establishment of utility corridors.
(1) The Service Director may assign specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are, or that the Service Director expects, may someday be, located within the rights-of-way.
(2) Any provider whose facilities are in the rights-of-way and are in a position at variance with utility corridors established by the Service Director shall at the time of the next construction of the area, excluding normal maintenance activities, move such facilities to their assigned position within the rights-of-way. Existing underground facilities located within a designated utility corridor shall not be required to relocate into adjacent or alternative portions of the rights-of-way unless they are in conflict with an actual or proposed public improvement project. The above requirements may be waived by the Service Director for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the facilities, public safety, customer service needs, law precluding such underground facilities, and hardship to the provider. If a provider is denied a requested waiver from the above requirements, the provider may appeal the denial of the Service Director to the Mayor. The decision of the Mayor shall be final.
(3) The Service Director shall make every good faith attempt to accommodate all existing and potential users of the rights-of-way as set forth in this chapter.
(4) Providers may enter into written agreements to use existing poles and conduits with the owners of same.
(5) No facility placed in any rights-of-way shall be placed in such a manner that interferes with normal travel on such rights-of-way.
(6) Unless otherwise stated in a certificate of registration or permit, all facilities within the rights-of- way shall be constructed and located in accordance with the city code of ordinances and with the following provisions.
(a) Whenever all existing facilities that have been traditionally located overhead are located underground in a certain area within the city, a provider who desires to place its facilities in the same area must also locate its facilities underground, to the extent such placement is technically feasible and will not prohibit, or have the effect of prohibiting, provision of the provider’s service within the area.
(b) Whenever a provider is required to locate or re-locate facilities underground within a certain area of the city, every provider with facilities within the same area of the city shall concurrently re-locate their facilities underground, to the extent possible.
(c) The above requirements may be waived by the Service Director for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the facilities, public safety, customer service needs, law precluding such undergrounding of facilities and hardship to the provider. If a provider is denied a requested waiver from the above requirements, the provider may appeal the denial of the Service Director to the Mayor.
(G) Historic districts.
(1) Unless otherwise required by law, the city shall have the authority to prohibit the use or occupation of the right-of-way by a provider if the right-of-way for which the provider seeks use and occupancy lies within a historic district.
(2) As a condition for approval for the co-location or installation of small cell facilities or wireless support structures in an area of the city designated as a historic district, the city may:
(a) Require reasonable, technically feasible and non-discriminatory design or concealment measures for the small cell facilities and wireless support structures; and
(b) Request that a provider comply with the design and aesthetic standards of the historic district or a residential district, as provided in the city’s design guidelines.
(3) This section may not be construed to limit the city’s authority to enforce local codes, administrative rules, or rules and regulations adopted by ordinance, which are applicable to a historic area designated by the state or city and historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 332(c)(7), the requirements for facility modifications under 47 U.S.C. § 1455(a) or the National Historic Preservation Act of 1966 (54 U.S.C. §§ 300101 et seq.), and the regulations adopted to implement those laws.
(Prior Code, § 1074.05) (Ord. 76-2018, passed 9-24-2018)