(A) Requirement to register and pay fees. Unless otherwise excepted by this chapter, it shall be unlawful for any party to install, operate, construct, or maintain any facilities within the right-of-way unless such facilities are registered with the city by filing the registration statement required herein and all applicable fees (including franchise fees) are paid to the city. Any person who installs, operates, constructs, or maintains any facilities within the right-of-way before registering such facilities or obtaining the necessary permits, certificates, letters, or other documentation required pursuant to this chapter shall not only be required to pay the initial installation permit fee, surface cut permit fee or pole, tower or support structure permit required pursuant to § 156.22
, but shall also be subject to a reassessment of the installation permit fee or surface cut permit fee upon discovery that such work has commenced.
(B) Registration. Unless otherwise excepted by this chapter, any party who owns any facilities within the right-of-way or who seeks to occupy the right-of-way to install, construct or maintain any facilities within the right-of-way shall file a registration statement as further described herein.
(C) Exceptions for reseller service providers and lessees. A reseller service provider or a lessee shall not be required to register those facilities it utilizes solely for the purpose of reselling, or those facilities it utilizes as a lessee.
(D) Effect of registration. Registration does not convey legal or equitable title to the right-of-way, nor does it place a registrant in a position of priority with respect to other registrants. Registration does not excuse a party from having to obtain a franchise, lease, or other agreement, if otherwise required; or from obtaining any required or necessary agreement with the city or other party with respect to the placement of facilities on the city's or another party's facilities.
(E) Exceptions. The following types of facilities are not required to be registered pursuant to this chapter and the party responsible for such facilities is not otherwise required to comply with the provisions of this chapter expressly pertaining to registrants. However, the party responsible for such facilities is required to comply with all remaining provisions of this chapter that are not expressly limited to registrants, unless otherwise exempted.
(1) Newspaper stands;
(2) Signage;
(3) Facilities associated with sidewalk cafes or the sale of goods or merchandise; and
(4) Facilities owned by the City of Elsmere.
(Ord. 1818-2022, passed 9-13-22)