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No utility service provider, cable operator, or person shall obstruct or place obstructing materials in the rights-of-way without prior consent of the City, which consent shall be set forth in a permit issued by the City; provided however, utility service providers and cable operators may place temporarily trucks, cones, pumps, ventilating equipment, trailers, guards, and other facilities in the rights-of-way in order to enter existing manholes and other underground structures to perform routine repair and maintenance of their facilities which repairs and maintenance do not require cutting, breaking, opening, boring under, or altering street pavement, or digging, excavating, or performing any other work or activity which disturbs or alters the existing surface, subsurface, structure, composition, or soil compaction of the rights-of-way. In no event shall the rights-of-way be obstructed for more than twelve (12) hours in any twenty-four (24) hour period without prior consent of the City set forth in a permit issued by the City and in no event shall traffic be obstructed on more than one-half of any public street at any one time.
(Ord. 2008-32. Passed 10-15-08.)
(a) Any utility service provider, cable operator or person seeking to obtain a right-of- way construction permit shall file an application with the City Manager. The application shall be in such form as the City Manager directs, but at a minimum shall be signed by such utility service provider, cable operator or person, or a duly authorized agent thereof; shall incorporate, directly or by reference, the terms of this chapter; shall set forth the applicant’s consent to and agreement to comply with the terms of the application, chapter, and the rights-of-way permit; and shall require the applicant to provide the following information:
(1) The name, address and telephone number of both applicant and its agent upon whom service can be made and notices provided;
(2) A statement as to the nature of the applicant's business, whether its operations and facilities are subject to regulation by the Public Utilities Commission of Ohio or federal regulatory agency, and whether it is certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio;
(3) Location of the proposed construction;
(4) Type of facility to be installed or constructed;
(5) Method of construction, installation, or placement to be used;
(6) Estimated time to complete construction;
(7) Whether street pavement will be cut, broken, opened, or bored under;
(8) Whether traffic will be obstructed and, if so the portion of the rights-of-way obstructed and the dates of the obstruction;
(9) Proposed means of restoring the rights-of-way;
(10) A statement describing how traffic flow will be maintained during the construction period; and
(11) A description of the purpose and use of the facilities constructed, installed, or placed in the rights-of-way (power with voltage, gas with maximum allowable operating pressure, etc.) and other pertinent details.
(b) If the applicant is not certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio, the applicant shall also submit such additional information as the City Manager requests to determine the financial, technical and managerial expertise of the applicant to construct, operate and maintain facilities in the right-of-way.
(c) Applicants shall also submit, as an attachment to their application, scale drawings showing completely the nature, location, construction materials and design of the facilities to be installed or constructed. Such drawings shall include:
(1) Street and/or road names;
(2) A north arrow;
(3) The offset, in feet and inches, from the centerline of the roadway to the proposed facilities to be constructed or installed;
(4) The rights-of-way limits;
(5) The pavement width;
(6) The distance from edge of pavement to the facilities being constructed, installed or placed;
(7) The distance from nearest major intersection, railroad crossing, and/or other physical features to the facilities being constructed, installed or placed;
(8) A description of the nature of the facilities and the materials to be used in their construction, including without limitation and where applicable, the number, size, dimensions, and composition of the pipes, conduits and ducts, poles and other supporting structures, manholes and vaults, cable and wire and other facilities;
(9) One or more typical cross sections as required to adequately display and demonstrate the proposed location of the facilities in the rights-of-way and in relation to the existing facilities of the City, cable operators, and other utility service providers, however, if only aerial facilities requiring no additional poles are to be constructed, placed or installed, then only aerial facilities need be shown on the permit drawing;
(10) The minimum vertical clearance above or below the pavement or the existing or finished grade; and
(11) The location, in relation to the facilities to be constructed, placed or installed, of all known, existing utilities in the rights-of-way.
(d) The City Manager shall determine which drawings, if any, shall be certified by an engineer registered in the State of Ohio. (Ord. 2008-32. Passed 10-15-08.)
(a) The City Manager shall forward a complete copy of the application and associated information and drawings to the City Engineer. If the City Manager and City Engineer determine that the application for the rights-of-way construction permit is complete and all required information and drawings have been provided, they shall review such information and drawings, and approve the application and issue the applicant a rights-of-way construction permit authorizing the construction, placement, or installation of the facilities in the rights-of-way upon their determinations that proposed construction, placement, or installation of the facilities is consistent with and meets the requirements of this chapter and all applicable building and safety code requirements, and that the applicant possesses the financial, technical and managerial expertise to construct, operate and maintain facilities in the rights-of-way. If the applicant is certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio, applicant shall be presumed to have such expertise.
(b) The City Manager and City Engineer shall approve or reject the application within thirty (30) days of applicant’s filing a completed application setting forth all required information, drawings and exhibits.
(c) The permit shall be signed by the City Manager and City Engineer and by the grantee or grantee’s duly authorized agent or representative and shall set forth the grantee’s consent and agreement to the terms of the permit.
(d) The permit shall be in the form required by the City Manager, and shall include in its terms the provisions of this chapter which set out the duties and obligations of grantees hereunder. (Ord. 2008-32. Passed 10-15-08.)
Upon grantee’s acceptance of the rights-of-way construction permit, grantee shall pay to the City a rights-of-way construction permit fee in an amount which the City Manager determines to permit the City to recover the direct incremental costs incurred by the City in inspecting and reviewing the application and associated information and drawings, and in approving such permit.
(Ord. 2008-32. Passed 10-15-08.)
(a) Grantee shall construct, place and install its facilities as set forth in its application and so as to not interfere with travel and proper use of streets, alleys, and other public ways and places by the public and to not interfere with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. Grantee's use of the rights-of-way shall be secondary to the use thereof by the traveling public (including pedestrians and other proper public uses). Damage to and repair of pedestals, vaults, manholes or other facilities of the grantee in the rights-of-way caused by street plowing, street cleaning and other activities carried out by the City to facilitate such travel and public use shall be the responsibility of the grantee and no claim may be made against the City in respect thereto.
(b) In all sections of the City where the cables, wires, or other like facilities of public utilities are placed underground, grantee shall place its cables, wires or other like facilities underground.
(c) Grantee shall construct, place and install its facilities so that cables, wires, poles and other facilities shall conform to the pattern of the existing public utility cables, wires, poles and other facilities and to minimize any damage, destruction or disturbance of the rights-of-way (including trees, shrubbery and improvements located thereon).
(d) Grantee shall relocate, either overhead or underground, its cables, wires, poles or other facilities when the City determines that such relocation is necessary for public travel upon and use of the rights-of-way.
(Ord. 2008-32. Passed 10-15-08.)
In case of damage, destruction or disturbance of any street, sidewalk, alley, public way, paved area, tree lawn or other portion of the rights-of-way (including trees, shrubbery, and improvements thereon) by grantee, grantee shall, without delay and at its own cost and expense and in a manner approved by the City Engineer, replace and restore such street, sidewalk, alley, public way, paved area, or portion of the rights-of-way (including trees, shrubbery, and improvements thereon) to its former state of usefulness, repair and condition, paved, seeded, mulched, replanted, or sodded in a manner and with the same type, quality, and condition of materials that will match those damaged, destroyed or disturbed and those of the adjacent property so that disturbed area is in as good a condition as before the work involving such disturbance was done. In the event grantee, after ten (10) days advance notice, fails or refuses to commence, pursue and complete such replacement and restoration work, the City shall have the authority, but not the obligation, to complete such restoration and to require grantee to pay to the City the cost of such restoration. In the event that the restoration of the disturbed area, or the area adjacent thereto, deteriorates at a faster rate than that which would have occurred had grantee not damaged, destroyed or disturbed the area, then in that event, grantee shall repair, replace, or restore such areas to their original condition prior to the disturbance. Any such deterioration occurring within the five (5) year period following the disturbance will be presumed to result from grantee's actions and disturbance of the area. Any trees in the disturbed area or the area adjacent thereto that die within said five (5) year period will be presumed to have died as a result of grantee's actions and disturbance of the area. (Ord. 2008-32. Passed 10-15-08.)
If the City shall elect to alter or change the grade of any street, sidewalk, alley or other public way, or to change the location of or engage in the construction, reconstruction, maintenance or repair of any public property, structure or facility, or to engage in any public improvements, and if as a result thereof it is deemed necessary by the City for grantee to move, relocate, change, alter or modify any of its facilities or structures in order to assure the public’s unencumbered continued use of the rights-of-way for travel and other proper public uses, then in such event and upon reasonable written notice of not less than sixty (60) days, grantee at its sole cost shall promptly move, relocate, change, alter or modify its facilities. In the event grantee, after such notice, fails or refuses to commence, pursue and complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to move, remove, relocate, change, alter, modify or abate such structures or facilities and to require grantee to pay to the City the cost of such relocation, alteration, or modification. In the event of an emergency which threatens the health or safety of the public requires the relocation, alteration, or removal of the facilities, the City will attempt to notify promptly the grantee and Grantee shall have the right to move, alter, or remove the facilities from the rights-of-way.
(Ord. 2008-32. Passed 10-15-08.)
Grantee shall, on the request of any person holding an appropriate permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than ten (10) business days advance notice to arrange for such temporary wire changes. (Ord. 2008-32. Passed 10-15-08.)
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