In addition to the other requirements set forth herein and in the regulations, each right-of-way permit holder shall:
(a) Use its best efforts to cooperate with other right-of-way permit holders and the City for the best, most efficient, most aesthetic and least obtrusive use of rights-of-way, consistent with public health, safety and welfare and to minimize traffic and other disruptions including street cuts;
(b) Upon reasonable written notice, and at the direction of the City Service Director, promptly remove or rearrange its facilities as necessary for public safety;
(c) Perform all work, construction, maintenance and/or removal of its facilities within the rights-of-way in accordance with good engineering, 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 City Service Director to be adequate under current standards and not less than materially 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 right-of-way permit holders, and all in accordance with all applicable provisions of this Chapter, any regulations and design guidelines the City may adopt and the Code;
(d) Except in the event that a person maintains a valid and active vegetation management program in accordance with the Ohio Administrative Code § 4901, be on notice that removal of trees, or the use of other vegetation management programs by all others within the rights-of-way of the City requires prior written approval by the City Service Director or his/her designee and compliance with applicable provisions of the Bexley Code. Any such activities, unless conducted pursuant to an Ohio Administrative Code approved vegetation management plan or an emergency, shall only be performed following the prior written approval of the City Service Director or his/her designee and must be performed in accordance with the then-most-current standard horticultural and arboricultural 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 arboricultural practices and guidelines shall be described in the regulations adopted by the City Service Director pursuant to Section 1028.13. Emergency removal of trees may be performed in rights-of-way as described herein and in accordance with the regulations, but the City 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 non-Ohio Administrative Code approved vegetation management programs within the rights-of-way that is performed without the City Service Director or designee's written permission shall subject a person to the penalties of section 1028.99 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;
(e) Warrant that all worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the right-of-way permit holder's facilities within the rights-of-way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration;
(f) Remove all graffiti on any of the right-of-way permit holder's facilities located within the City rights-of-way within ten calendar days of notice using all reasonable efforts. Should the right-of-way permit holder fail to do so, the City may take whatever action is necessary to remove the graffiti and invoice the right-of-way permit holder for the cost thereof;
(g) Cooperate with other right-of-way permit holders in joint planning for the utilization of, construction in, and occupancy of any rights-of-way;
(h) Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols;
(i) Use its best efforts to cooperate with the City in any emergencies involving the right-of-way including the maintenance of a twenty-four-hour emergency contact number;
(j) A right-of-way permit holder that is replacing an existing utility pole shall be responsible to coordinate with all other right-of-way permit holders 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 thirty days, weather permitting, after the replacement utility pole is installed. Upon request, the City Service Director may grant the right-of-way permit holder additional time for good cause.
(k) No later than one year after grant of the right-of-way permit, the right-of-way permit holder shall perform an initial inventory:
(1) To identify and locate all of right-of-way permit holder's existing structures (including "as built" structures and pole attachments above and in the rights-of-way) and facilities in the rights-of-way; and
(2) Shall identify and describe all uses of such structures and facilities; and
(3) Shall provide maps or other information that identifies their location and use in such form (including digital form) as required by the City.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)