(a) Right-of-Way Permit. Except as otherwise provided herein, any person who desires to construct, reconstruct, install, operate, maintain or otherwise locate any structures or facilities in, under, over or across any public way of the City shall first obtain a right-of-way permit permitting the use and occupancy of such public ways pursuant to the requirements of this section.
(b) Exceptions. Right-of-way permit shall not be required for:
(1) Standard residential mail boxes and newspaper boxes for a single-family residence, duplex or triplex; and
(2) Any existing facilities or structures that were constructed or installed in, under, or over any rights-of-way within the City prior to October 1, 2016, unless the owner is seeking to abandon, change, modify, relocate, reconfigure, or remove any of their existing structures or facilities.
(c) Types of Permits. The following types of right-of-way permits are available:
(1) General right-of-way permit. A right-of-way permit granted to persons who desire and are granted authority to use or occupy rights-of-way generally, 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. A general right-of-way permit shall not apply to any proposed use or occupation of the public right-of-way to install, construct, collocate, maintain, modify, operate, or replace any small cell facility, wireless facility, wireless support structure, or wireless backhaul facility, or for any other use or purpose that constitutes the type of use or purpose that would require a special right-of-way permit, utility permit, or small cell facility permit under divisions (c)(2), (c)(3) or (c)(4) of this section.
(2) Special right-of-way permit. A right-of-way permit granted to a person for a specific, limited use of temporary duration, including but not limited to residential purposes, of the rights-of-way or a specific portion thereof.
(3) Utility permit. A right-of-way permit granted to a public utility, as defined by Section 1026.01
(s), for a use that does not involve the installation, construction, collocation, maintenance, modification, operation or replacement of a small cell facility, as defined by Section 1026.01
(y), or wireless support structures, as defined by Section 1026.01
(ff). A utility permittee may be granted a waiver of some or all of the requirements by this chapter at the discretion of the Director of Public Service or his/her designee.
(4) Small cell facility permit. A right-of-way permit granted to an operator (or any other person acting on behalf of an operator) to collocate a small cell facility, as defined by Section 1026.01
(y), or to install, construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the right-of-way. A small cell facility permit shall not be required for any of the following activities by an operator of wireless facilities:
A. Routine maintenance of wireless facilities;
B. The replacement of wireless facilities that are (i) substantially similar to the existing facilities; or (ii) the same size or smaller than the existing facilities.
If any operator (or other person acting on behalf of an operator) seeks to replace existing wireless facilities in the right-of-way with new facilities that are similar to the existing facilities, or the same size or smaller than the existing facilities, then such operator or other person shall apply for and obtain a general right-of-way permit to perform such work. The City shall issue a general right-of-way permit forthwith and shall not withhold approval if the applicant is an operator, as defined by Section 1026.01(o), and the proposed work satisfies the criteria set forth in division (c)(4)B. of this section.
(d) Application for Right-of-Way Permit. Any person who is required to obtain a right-of-way permit pursuant to this section shall file an application with the City, which shall include the following information:
(1) The name, address, phone number, and e-mail address of the applicant, including all parent companies and affiliates, along with the name, address, phone number, and e-mail addresses of the person who owns or will own the facility or structure that is the subject of the permit application and the name, address, phone number, and e-mail addresses of all agents, contractors, subcontractors, or other representatives who may perform any work in connection with the construction, installation, repair, maintenance, or relocation of the facilities or structures that are the subject of the permit application.
(2) A description of the facilities or structures that will be collocated, constructed, installed, maintained, modified, operated, repaired, or replaced in the right-of-way, and the services that will be offered or provided in connection with the use or occupancy of the right-of-way.
(3) A description of the transmission medium that will be used to offer or provide such services.
(4) Preliminary engineering or site plans, specifications and a network map of the facilities located, or to be located, within the City, all in sufficient detail to identify:
A. All adjacent parcels that are perpendicular to the proposed structure or facility, including the current owners and mailing addresses for each adjacent parcel.
B. The location and route requested for the applicant's proposed facilities on a "to scale" drawing established using state plane coordinates and which includes all information listed herein.
C. The existing conditions within 400 feet of the proposed location, including but not limited to, buildings, existing structures, all overhead and underground public utility poles, structures and facilities, wireless telecommunication structures and facilities, cable facilities, water lines, sanitary sewers, storm water drainage and other facilities within the public way along the proposed route.
D. Scaled and dimension details that show the location and dimensions of the proposed structures or facilities, including but not limited to the following:
1. Height, width, depth and volume in cubic feet of all proposed antenna and exposed elements and/or proposed antenna enclosures;
2. Height, width, depth and volume of all structures and related equipment associated with the facility, including all electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services clearly labeled;
3. Method of installation or connection to the ground, as applicable;
4. Color specifications for support structures and associated exposed equipment, cabinets and concealment elements;
5. Electrical plans and wiring diagrams;
6. Footing and foundation drawings and structural analysis sealed and signed by a professional engineer in the State of Ohio. Such drawings shall identify the depth and width of any foundation, base or other anchors for the proposed facilities or structures.
E. Scaled and dimensioned landscape plans associated with any proposed screening of ground mounted structure or facilities (where applicable), including a planting plan with proposed plant species, quantities, spacing, height at installation, and planting details.
F. The location(s), if any, for interconnection with the facilities or structures of other operators or service providers.
G. The specific trees, structures, improvements, facilities and obstructions, if any, that the application proposes to temporarily or permanently trim, modify, remove or relocate.
(5) If the application is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
A. The location and depth proposed for the new ducts or conduits; and
B. The excess capacity that will exist in such ducts or conduits after installation of the proposed facilities or structures.
(6) A preliminary construction schedule and completion date.
(7) Financial statements or other financial information in sufficient detail to establish that the financial ability of the owner or operator of the proposed facilities or structures to construct, operate, maintain, repair, relocate and/or remove such facilities or structures.
(8) Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the construction, maintenance, modification, operation, or replacement of the facilities, structures, and/or services described in the application.
(9) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and structures that are the subject of the application and/or to offer or provide the services that are the subject of the application.
(10) If the applicant is not the owner or operator of the facilities or structures that are the subject of the application or if the applicant is not the provider of the services that are the subject of the application, the application shall include written authorization from the owner, operator or service provider that shows that the applicant has been authorized to file the application and to perform the specific work for which a right-of-way permit is being requested.
(11) Such other and further information as may be required by the Director of Public Service or his/her designee.
(e) Right-of-way permit granted under this chapter, and the rights of a permittee thereunder, shall not be transferable without the prior express written approval of the Director of Public Service or his/her designee 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 Director of Public Service or his/her designee may adopt written procedures for the transfer of right-of-way permits.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)