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CHAPTER 917
Right of Way Policy for Telecommunication Systems
917.01   Definitions.
917.02   Scope.
917.03   Administering authority.
917.04   Application process.
917.05   Review of application.
917.06   Terms and conditions of permits.
917.07   Permit fee.
917.08   Insurance.
917.09   Covenant to indemnify and hold the Municipality harmless.
917.10   Performance bond/letter of credit.
917.11   Planning and shared use.
917.12   Shared use.
917.13   Movement, construction, relocation and removal.
917.14   Standards and requirements.
917.15   Restoration of streets.
917.16   Assignment of permit and lease of service provider’s telecommunications system.
917.17   Regulation authority.
917.18   Remedies.
917.19   Penalties.
917.20   Laches.
 
CROSS REFERENCES
Right of Way Generally - see S.U. & P.S. Ch. 921
 
 
 
917.01 DEFINITIONS.
   For the purposes of this chapter, the following terms, phrases, and their derivations shall have the meanings given below unless the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural.
   (a)    "Agreement" means any written instrument executed by the Service Provider and the Director or Municipality that sets forth all applicable conditions, fines, fees, schedules or terms in addition to, in place of, or as a supplement to the Permit and/or this chapter.
   (b)    "Conduit Facility" means any structure or section thereof containing one or more lines, poles, pipes, conduits, ducts, equipment, and related appurtenances and facilities used by Service Provider pursuant to this chapter.
   (c)    "Director" means the Safety Service Director or his or her designee, who is designated by the terms of this ordinance to administer the terms of this ordinance, issue permits, inspect work and initiate any corrective or enforcement actions.
   (d)    "Municipality" or "City" means the City of Deer Park, a municipal corporation of the State of Ohio and includes the municipal government of the Municipality, including the Council, the Mayor, and all administrations, commissions, offices, agencies, departments, bureaus and agents of the Municipality, and also the territory currently, or which may in the future be included, within the geographic boundaries of the City of Deer Park.
   (e)    "Permit" means the non-exclusive grant of authority to use or occupy all or a portion of the City's Rights-of-Way in accordance with the terms of this chapter, the executed Right-of-Way Agreement, or any Permit provided for by this chapter.
   (f)    "Person" means any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
   (g)    "Regulation" means any rule, standard or procedure adopted by the Director pursuant to the authority of this chapter as provided in Section 917.04 (e).
   (h)    "Right-of-Way" means the surface and the space above and below any public street, road, highway, freeway, avenue, boulevard, parkway, drive, lane, path, way, alley, court, or sidewalk, including under or along bridges or viaducts or any other public easement or right-of-way now or hereafter held by the Municipality which shall in accord with its limiting language and with its proper use and meaning, as determined at the sole discretion of the Municipality, entitle a Service Provider in accordance with the terms of this chapter and of any Permit or Agreement, to use thereof for the purposes of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of that service for which the Permit was issued.
   (i)    "Service Provider" means a Person that owns, operates, or controls a Telecommunications System which contracts with the City for Telecommunications Services.
   (j)    "Telecommunications Services" shall mean voice, video, data transmission, or any other means of transmission over any telecommunications system, including but not limited to telephone, integrated service digital network (ISDN), cellular telephone, personal communication service (PCS), competitive access Providers (CAPs), or competitive local exchange carriers (CLECs) that provide telephone service, paging and signaling systems, satellite phone service, radio, television, cable television, digital television (DTV), video, open video services (OVS), wireless television systems, direct broadcast satellite (DBS) video systems, data transmission, fibre optic network information transmission, private fiber optic data transmission lines between buildings, computer interconnection, roadway traffic signal interconnection, and Internet computer access including e-mail communications.
   (k)    "Telecommunications System" means any tangible thing located in the Public Right-of-Way functionally related to the necessary facilities and other property owned, used or leased by the Service Provider for purposes of providing Telecommunications Services in the City of Deer Park including but not limited to any cable, fiber, apparatus or auxiliary equipment for the purpose of providing said Telecommunications Service. (Ord. 01-19. Passed 6-11-01.)
917.02 SCOPE.
   The City of Deer Park shall not allow any entity or Person to operate Telecommunication Services or Telecommunication Systems in the City of Deer Park without a Permit hereby granted by the City. Such Permit as granted by the City would give the Service Provider the right to install, operate and maintain a Telecommunication System in the City's Right-of-Way under the terms and conditions set forth in this chapter.
(Ord. 01-19. Passed 6-11-01.)
917.03 ADMINISTERING AUTHORITY.
   The Director or his or her designee shall be the Municipality's agent and representative for purposes of administering, overseeing and regulating private uses of the Rights-of-Way.
(Ord. 01-19. Passed 6-11-01.)
917.04 APPLICATION PROCESS.
   An applicant for a Permit to allow construction, excavation, or work in the public Right-of- Way under this Section shall:
   (a)    File a written application which shall include the following: the date of application; the name and address of the applicant; the name and address of the developer, contractor or subcontractor licensed to perform work in the public Right-of-Way; the exact location of the proposed construction, excavation or work activity; the type of existing public infrastructure (street pavement, curb, gutter, sidewalks or utilities) impacted by the work; the purpose of the proposed work; the dates for beginning and ending the proposed work; proposed hours of work; itemization of the total cost of restoration of existing facilities certified by a qualified licensed engineer or, at the discretion of the Director, other published street repair cost estimating standards; and type of work proposed.
   (b)    Attach copies of all permits or licenses (including required insurance, deposits, bonding, and warranties) required to do the proposed work, and to work in the public Rights-of-Way, if licenses or permits are required under the laws of the United States, the State of Ohio, or the ordinances or regulations of the City. If relevant permits or licenses have been applied for but not yet received, provide a written statement so indicating. Copies of any such permits or licenses shall be provided to the City within forty-eight (48) hours after receipt.
   (c)    Provide a reasonable plan of work showing protection of the subject property and adjacent properties.
   (d)   Provide a reasonable plan for the protection of any existing landscaping.
   (e)   Include a signed statement verifying that all orders issued by the City to the applicant, requiring the applicant to correct deficiencies under previous Permits issued under this chapter, have been satisfied.
   (f)   Include with the application engineering construction drawings or site plans for the proposed work.
   (g)   Include with the application a satisfactory traffic control and erosion protection plan for the proposed work.
   (h)   Include a statement indicating any proposed joint use or ownership of the Telecommunications System; any known existing Telecommunications System or Permit of the applicant at this location; any known existing Telecommunications System of others with which the proposed installations might conflict; and the name, address, and telephone number of a representative of the applicant to review proposed locations at the site.
   (i)   Pay the initial fees prescribed by this chapter.
      (Ord. 01-19. Passed 6-11-01.)
917.05 REVIEW OF APPLICATION.
   (a)   Director shall commence review of a formal application only after he/she determines that all required items are included in the application. If the application is incomplete, the Director shall notify the applicant.
   (b)   Director shall complete a formal review of the application within thirty (30) days of receipt of a completed application.
   (c)   Director shall consult with such persons as he/she deems appropriate during the course of the review. If additional or different information is determined to be necessary, the thirty (30) day review process shall be extended by the period of time the Director's request for the additional information is received from the applicant. (Ord. 01-19. Passed 6-11-01.)
917.06 TERMS AND CONDITIONS OF PERMITS.
   Provided that nothing herein shall be construed to deprive the Director of the right to exercise his or her judgment and make whatever decision best serves the interests of the Municipality and its residents, all Permits issued and Agreements entered into are subject to the following terms and conditions:
   (a)   Any installation must be compatible with the Municipality's telecommunications policy objectives as allowed by federal and state laws.
   (b)   Service Provider shall comply with all applicable federal, state and local laws or regulations, compensation and auditing.
   (c)   All construction work of any kind, any placement of physical items in, on, under or over a public Right-of-Way, any obstruction or temporary use of a public Right- of-Way, or any other kind of use of a public Right-of-Way for private purposes shall require that the Person proposing such use first obtain a Permit from the Municipality.
   (d)   Any Permit issued shall not replace or serve in the stead of any franchise or other contract normally required for providing certain kinds of utility or communications services.
   (e)   Any Permit granted shall be non-exclusive.
   (f)   Application must be made sufficiently in advance of the time proposed for execution to permit the Director to review the application, make inquiries, and, if necessary and appropriate, negotiate a written Agreement setting forth the terms under which the Municipality is willing to issue a Permit.
   (g)   The Director may promulgate and adopt such rules, regulations, forms and procedures as may be necessary to assure the timely, thorough and efficient administration of the permit process.
   (h)   Service Provider may install in the public Rights-of-Way new Telecommunications Systems and Conduit Facilities only with the prior approval of the Director. Notwithstanding any other provision, nothing in this chapter is to be construed as giving the Service Provider the right to extend its Telecommunications System without prior approval of the Director.
   (i)   Whenever Service Provider desires to expand the Telecommunications System identified, it shall inform the Director of its plan prior to implementing the project. Any expansion requiring excavation shall not be permitted without prior approval of the Director.
   (j)   Service Provider is given the right to operate its Telecommunications System for a period of not less than five (5) years commencing with the execution of an Agreement between the Service Provider and the Director or a granting of a Permit by the Municipality or Director.
   (k)   Service Provider shall comply with all other reasonable requirements imposed by the Municipality as a condition of approval of Service Provider's Construction Permit Application. (Ord. 01-19. Passed 6-11-01.)
917.07 PERMIT FEE.
   An applicant shall pay to the Municipality fees as follows:
   (a)   Service Provider shall pay to the Municipality an Application Fee of one thousand dollars ($1,000) for applying for a Permit with the Municipality.
   (b)   Service Provider agrees to pay the Municipality a Permit Fee in an amount of one dollar ($1.00) per foot of conduit constructed in the Municipality whether utilized or not. Payment shall be made upon the City's approval of Service Provider's Application and prior to the commencement of construction.
   (c)   Service Provider shall pay to the Municipality an annual right of way permit fee of two dollars ($2.00) per foot of conduit constructed in the Municipality whether utilized or not for the occupation, disturbance and use of the public Rights-of-Way. Such funds shall be paid-on an annual basis on the anniversary date of approval of the Application.
   (d)   Accompanying each payment to the Municipality, the Service Provider shall file with the Municipality a report of its calculation of the payment setting forth the amount of conduit laid in the Municipality and the calculation of the permit fee.
   (e)   All certified financial statements, books, maps and records concerning Service Provider's Telecommunications System and its calculation of payment to the Municipality shall be open for inspection by the Director or an appropriate officer of the Municipality or its designee at all convenient times to determine the amount of compensation due to the Municipality from the Grantee under this chapter, the Permit or a supplementary Agreement.
      (Ord. 01-19. Passed 6-11-01.)
917.08 INSURANCE.
   (a)   Workers Compensation Coverage. All Service Providers are required to have in force current worker compensation coverage as required by the State of Ohio.
   (b)   Public Liability and Property Damage Insurance. The Service Provider shall maintain public liability and property damage insurance that protects the Service Provider and the Municipality naming the Municipality, including the Municipality's officers, agents and employees, as an additional insured. The insurance shall provide coverage at all times of not less than one million dollars ($ 1,000,000.00) for personal injury to each person and one million dollars ($1,000,000.00) for each occurrence involving property damage plus costs of defense or a combined single limit policy of not less than five million dollars ($5,000,000.00) covering all claims plus costs and defense. The policy shall provide that the insurance shall not be cancelled or materially altered without thirty (30) days written notice first being given to the Municipality. If the insurance is cancelled or materially altered within the term of this agreement, Service Provider shall provide a new policy with the same terms. Service Provider agrees to maintain continuous uninterrupted coverage in the amounts required for the duration of the term of the Agreement signed by the parties.
   (c)   Proof of Insurance. The Service Provider shall maintain on file with the Municipality a certificate of such insurance as enumerated in subsections (a) and (b) above.
(Ord. 01-19. Passed 6-11-01.)
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