1149.05 CRITERIA FOR GRANTING PERMITS.
(a) A General Right-Of-Way Occupancy Permit shall be granted to an Applicant upon a determination that:
(1) The granting of the Right-Of-Way Occupancy Permit will contribute to the public health, safety or welfare in the City;
(2) The granting of the Right-Of-Way Occupancy Permit will be consistent with the policy of the City as set forth in Section 1149.02(d);
(3) The Applicant is not delinquent on any Right-Of-Way permit fees, or costs owed the City for Right-Of-Way related activity and, except in the case of entities subject to the jurisdiction and recognized on the rolls of the Public Utilities Commission of Ohio as a regulated utility or of a Cable Operator possessing a valid franchise awarded pursuant to the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 541, has the requisite financial, managerial and technical ability to fulfill all its obligations hereunder;
(4) The Applicant's Right-of-Way Occupancy Permit would not be granted for placement of a Small Cell Facility or Wireless Support Structure aboveground, in an area that has been designated solely for undergrounding; and,
(5) The Applicant of the Right-Of-Way Occupancy Permit is in compliance with the City's written design guidelines to match the aesthetics and character of the immediate area including other ground-mounted Small Cell Facilities, the location of Small Cell Facilities on Wireless Support Structures, appearance and concealment measures, meets the design or concealment measures required for a Historic District, and the design and appearance of the Wireless Support Structure including height requirements.
(b) A Right-Of-Way Occupancy Permit shall not convey equitable or legal title in the Right-Of-Way. A Right-Of-Way Occupancy Permit is only the nonexclusive, limited right to occupy Right-Of-Way in the City, for the limited purposes and for the limited period stated in the Right-Of-Way Occupancy Permit and in accordance with Chapter 1149 of the Code. The rights to occupy the Right of Way may not be subdivided or subleased; provided, however, that two or more Permittees may collocate Facilities in the same area of the Right-Of-Way so long as each such Person complies with the provisions of Chapter 1149. Collocating Permittees may file a joint application for a Construction Permit. A Right-Of-Way Occupancy Permit does not excuse a Permittee from obtaining appropriate access or pole attachment agreements before collocating its Facilities on Facilities of others, including the City's Facilities. A Right-Of-Way Occupancy Permit does not excuse a Permittee from complying with any provisions of the Code or other applicable Law.
(c) The Mayor, or his designee, may impose such lawful conditions on the granting of a permit as reasonably required to be consistent with the criteria set forth in this section and to promote the policy of the City set forth in Section 1149.02(d).
(Ord. 11-22. Passed 2-7-22.)