1149.04 APPLICATION PROCEDURE; APPEAL.

   (a)   Applications for General Right-Of-Way Occupancy Permits or amendments or renewals thereof shall be filed in such form and in such manner as these regulations require, along with an application fee of two hundred dollars ($200.00) on the initial application and fifty dollars ($50.00) renewal fee each year thereafter. The information provided to the City at the time of application shall include but not be limited to:

      (1)   Each Applicant's name, legal status (i.e. partnership, corporation, etc.), street address and e-mail address, if applicable, and telephone and facsimile numbers; and

       (2)   The name, address and e-mail address and telephone and facsimile numbers of a representative. The representative shall be available at all times. Current information regarding how to contact the 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

      (3)   A certificate of insurance where required to be provided to meet the requirements of Section 1149.19(b) shall:

         A.   Verify that an insurance company licensed to do business in the State of Ohio has issued an insurance policy to the Applicant;

         B.   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 use and occupancy of the Right-Of-Way by the Applicant, its officers, agents, employees and contractors; and placement and use of Facilities in the Right-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;

         C.   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 coverage, as is required within this Section 1149.19(b);

         D.   Require that the City be notified thirty (30) days in advance of cancellation of, or coverage changes in, the policy. The liability insurance policies required by this Section 1149.19(b) 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 Director of Public Service or her/his designee of such intent to cancel, diminish or not to renew."

Within thirty (30) days after receipt by the City of said notice, and in no event later than five (5) days prior to said cancellation, the Permittee (or Applicant) shall obtain and furnish to the Director of Public Service a certificate of insurance evidencing replacement insurance policies.

      (4)   Documentation that Applicant or Permittee maintains standard workers' compensation coverage as required by Law. Similarly, Permittee shall require any subcontractor to provide workers' compensation coverage in amounts required by Law for all of the subcontractor's employees.

      (5)   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.

      (6)   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 from said commission(s).

      (7)   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 Chapter 1149 and carry on Applicant's proposed activities.

   (b)   The Mayor, service director or designee, shall determine if the application is in order and shall, within thirty (30) days of the receipt of a completed application, issue a written report regarding such application. The report shall recommend that the City's Designated Committee (Consisting of Superintendent & Assistant Superintendent of the Electric Field Department as well as Service Director & the Building Inspector) shall deny or grant the Right-Of-Way Occupancy Permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Mayor's report shall be served upon the Applicant by mail along with a notice of when City's Designated Committee will consider the same. The City's Designated Committee shall then consider such recommendation and make a final determination, as to whether or not such Right-Of-Way Occupancy Permit should be granted and, if so, upon what terms and conditions. City's Designated Committee shall make a final determination within sixty (60) days of receipt of the completed application by the mayor or his designee. Should the City receive a number of requests for consent for small cell facilities or wireless support structures to the extent it is likely to result in difficulty processing, the City may toll the requests consistent with Section 4939.036 of the Ohio Revised Code. The term of each such General Right-Of-Way Permit for Wireless Support Structure attachments shall be for ten (10) years from issuance, or such lesser term as the Applicant requests. There is a presumption of renewal following the initial ten-year term for successive five-year terms, subject, however to any terms providing for early termination or nonrenewal for cause or by mutual agreement or to safeguard the public health, safety, and welfare.

   (c)   Any Applicant may appeal the failure of the Mayor to recommend an application be granted upon terms and conditions acceptable to the Applicant, to the Mayor or his designee. In order to perfect such appeal, the Applicant shall file, within ten (10) days of the Mayor's determination or recommendation, or within thirty (30) days of the filing of the application if the Mayor or his designee has taken no action, an appeal to the Mayor. The Mayor shall then review the matter and after affording the Applicant an opportunity to be heard either in person or in writing, render a final recommendation that shall be submitted to City's Designated Committee within fifteen (15) days of the Mayor's receipt of the request for an appeal unless such period is waived by the Applicant. City's Designated Committee shall consider the appeal request after receiving the Mayor's recommendation. Except to the extent otherwise appealable by law, the City's Designated Committee decision shall be final. If a request for consent is denied for an activity described in section 4939.031 of the Ohio Revised Code, the reasons for denial, required under this division, shall be provided to the Applicant in writing, and shall set forth the reasons for denying the request for consent in a manner supported by substantial, competent evidence, and the denial of the request shall not unduly discriminate against the Applicant.

(Ord. 11-22. Passed 2-7-22.)