Section
98.01 Definitions
98.02 Purpose and scope of chapter
98.03 Prohibition; types of permit
98.04 Application procedure, appeal
98.05 Criteria for granting permits
98.06 Obligations of permittees; conditions of permits
98.07 Permit fees and auditing
98.08 Joint planning and construction
98.09 City use of facilities
98.10 Adoption of administrative regulations
98.11 Indemnity; insurance
98.12 Removal of facilities
98.13 Revocation
98.14 Reservation of rights
98.15 Temporary movement of facilities
98.16 Foreclosure and receivership
98.17 Non-enforcement and waivers by city
98.18 Captions
98.99 Penalty
For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
APPLICANT. Any person applying for a right-of-way permit hereunder.
APPROVED. Approval by the city pursuant to this chapter or any service agreement adopted hereunder.
BEST EFFORTS. The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
BUSINESS DISTRICT RIGHT-OF-WAY or DUBLINK AREA. The right-of-way described in Exhibit A, attached to Ordinance No. 152-97, passed December 15, 1997.
CHAPTER. Chapter 98 of the Code of Ordinances of the city, as amended from time to time, and any administrative regulations adopted hereunder.
CITY. The City of Dublin, Ohio.
CITY MANAGER. The Dublin City Manager or his/her designee.
COUNCIL. The legislative body of the city.
FORCE MAJEURE. A strike, act of God, act of public enemy, order of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions; riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such Force Majeure, but only to the extent such disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
GENERAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 98.03(B)(1).
PERMITTEE. Any person issued a right-of-way permit pursuant to this chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this chapter and said right-of-way permit.
PERSON. Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY. Any real property owned by the city or easements held or used by the city, other than a right-of-way.
REGULATION or ADMINISTRATIVE REGULATIONS. Any rule adopted by the City Manager pursuant to the authority of this chapter, and the procedure set forth in § 98.10 to carry out its purpose and intent.
RESIDENTIAL PURPOSES. Residential use of right-of-way for such uses as mailboxes, trees, landscaping, lawn sprinklers, decorative purposes or any curb cuts and driveways, and as may be further defined in any administrative regulations promulgated pursuant to § 98.03(A).
RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bikepath, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the City Manager, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose 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 utility, cable television, communications or other services as set forth in any service agreement or any right-of-way permit. RIGHT-OF-WAY shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by administrative regulation.
RIGHT-OF-WAY PERMIT. The non-exclusive grant of authority to use or occupy all or a portion of city's rights-of-way granted pursuant to this chapter.
SERVICE AGREEMENT. A valid service agreement, franchise agreement or operating agreement issued by the city pursuant to the Dublin City Charter, the Dublin City Codes or Constitution and laws of Ohio or the United States, and accepted by any person, pursuant to which such person may operate or provide utility, cable television, communication or other such service to consumers within the city.
SPECIAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 98.03(B)(2).
UTILITY RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 98.03(B)(3).
(Ord. 152-97, passed 12-15-97)
(A) The purpose of this chapter is to provide for the regulation of the use or occupation of all rights-of-way in the city, the issuance of right-of-way permits to persons for such use or occupancy and to set forth the policies of the city related thereto.
(B) A right-of-way permit issued pursuant to this chapter does not take the place of any service agreement, franchise, license, or permit which may be additionally required by law. Each permittee shall obtain any and all such additional state, federal or city franchises, licenses or permits necessary to the operation and conduct of its business or the occupation or use of any right-of-way.
(C) The City Manager is hereby directed and empowered to enforce the provisions of this chapter.
(D) The city's objectives regarding rights-of-way is:
(1) Promote cooperation among telecommunications service providers and the city to minimize public inconvenience during ROW work and disruption of public property; and ensure safe and efficient use of the city's streets, right-of-ways, and easements;
(2) Promote the availability of a wide range of utility, communications, and other services, including the rapid deployment of new technologies and innovative services to city businesses and residents at reasonable costs;
(3) Enhance the city's economic development programs;
(4) Ensure adequate public compensation for private use of the ROW and related costs;
(5) Promote and require reasonable accommodation of all users of ROW;
(6) To comply with the Telecommunications Act of 1996 and all applicable laws, rules and regulations;
(7) To promote the utilization of rights-of-way for the public health, safety and welfare; and,
(8) To assure that applicants have the financial, technical and managerial resources to comply with this chapter and the provisions of any right-of-way permit issued hereunder.
(E) All right-of-way permits granted hereunder shall be non-exclusive and no property right of any nature shall be created by the granting of a permit under this chapter.
(F) This chapter does not apply, and nothing herein should be construed to apply the provisions of this chapter, to structures or facilities owned or operated by the city or any city operations that occupy or use the rights-of-way. It is specifically contemplated, however, that all city departments or divisions that utilize the rights-of-way shall carry out their operations in a manner consistent with the policy set forth in this chapter, including participation and cooperation in all joint planning hereunder and identification of structures and facilities located in the rights-of-way.
(Ord. 152-97, passed 12-15-97)
(A) No person shall use, occupy, construct, own or operate structures or facilities in, under or over any rights-of-way or any public property within the city unless such person first obtains a right-of-way permit and conforms to the requirements set forth therein and in this chapter; provided, however, that right-of-way permits shall not be required for the following uses:
(1) Newspaper stands;
(2) Carts;
(3) Sidewalk cafes;
(4) Parking lots; and so long as, in the opinion of the City Manager, that such use:
(a) Has received or will receive all other necessary permits;
(b) Is not inconsistent with policy of the city;
(c) Does not adversely affect the public health, safety or welfare; and
(d) Does not materially interfere with other lawful uses of the right-of-way.
The City Manager may adopt administrative regulations controlling and further defining residential purposes and to otherwise implement the determinations to be made under this section.
(B) The following types of right-of-way permits are available:
(1) General right-of-way permit. Right-of-way permit granted to persons who desire and are granted authority to utilize rights-of-way generally, except that the permit shall not permit the holder to use Dublink Area until such time as the administrative regulations are promulgated and effective pursuant to § 98.10 and, provided, however, that nothing in this chapter or in any general right-of-way permit shall be construed to authorize the permittee to provide any utility, cable television, communications or other services for which the city may lawfully require a service agreement should the city determine to require the same; and
(2) Special right-of-way permit. Right-of-way permit granted to a person for a specific, limited use, including but not limited to residential purposes, of the rights-of-way or a specific portion thereof.
(3) Utility permit. Right-of-way permit granted to a person who is a traditional monopoly provider of essential services, who possesses a valid operating agreement and who desire and are granted authority to utilize rights-of-way generally. As of the date of this chapter, gas, electric, water and sewer are such utilities. The City Manager may adopt regulations controlling and defining "traditional monopoly provider of essential services". A utility permittee may be granted a waiver of some or all the requirements by this chapter at the discretion of the City Manager.
(C) Any such right-of-way permit may also allow the use of specified public property for the uses set forth in the right-of-way permit and in this chapter.
(D) Each right-of-way permit shall specify the use or uses for which it is granted and contain such other non-discriminatory terms and conditions as are appropriate and as are set forth in the service agreement.
(E) Right-of-way permits or the rights of a permittee thereunder are not transferable without the prior express written approval of the City Manager upon a showing that the recipient has the financial, technical and managerial resources to comply with the obligations of this chapter and its right-of-way permit. The City Manager may adopt administrative regulations providing procedures for transfer of right-of-way permits.
(F) No person shall be authorized to occupy the Dublink Area, except as follows:
(1) A person/provider who acquires a general or utility permit under the terms of this chapter, who has existing facilities in the Dublink Area on the effective date of this chapter shall be permitted to continue to keep said existing facilities in the Dublink Area. Any additional facility requirements will be in accordance with the administrative regulations promulgated by the City Manager.
(2) A valid holder of a special right-of-way permit.
(3) A valid holder of a general or utility permit subject to the administrative regulations promulgated by the City Manager.
(Ord. 152-97, passed 12-15-97) Penalty, see § 98.99
Loading...