913.01
Scope of Chapter; definitions.
913.02
Consent to occupy or use the right-of-way.
913.03
Annual registration of service providers.
913.04
Insurance, bond and indemnification.
913.05
General right-of-way use regulations.
913.06
Location, relocation and removal of facilities.
913.07
Notice of work, routine maintenance and emergency work.
913.08
Construction permit and standards.
913.09
Recovery of City costs of managing the right-of-way.
913.10
Miscellaneous provisions.
913.99
Penalties and other remedies.
CROSS REFERENCES
Power to establish and care for streets - see Ohio R.C. 715.19, 717.01, 723.01
Openings by the Municipality - see Ohio R.C. 723.02
Excavation liability - see Ohio R.C. 723.49 et seq.
Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
Barricades and warning lights; abandoned excavations - see GEN. OFF. 517.03
Specifications for public and private roads - see P. & Z. Ch. 1103
(a) The purpose and intent of this Chapter is to:
(1) Manage reasonable access to the City's Right-of-Way by utility and other Service Providers and ensure their compliance with the ordinances, rules and regulations of the City.
(2) Conserve the limited physical capacity of the Right-of-Way held in trust by the City for the benefit of the public.
(3) Assure that the City fairly and responsibly protects the public health, safety and welfare.
(4) Enable the City to discharge its public trust consistent with rapidly evolving federal and State regulatory policies, industry competition and technological development.
(b) For the purpose of this Chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) “Affiliate” means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another Person.
(2) “Capital Improvement” means an addition made to enhance the value or extend the useful life of an existing System or Facilities, including Construction, Reconstruction, installation, rehabilitation, renovation, improvement, enlargement and extension of Facilities, but not including ordinary or Routine Maintenance.
(3) “City” means the City of Galion.
(4) “City Engineer” means the engineer of the City who is duly-appointed or otherwise designated by the Mayor.
(5) “Construct, Constructing, Construction, etc.” means installing, repairing, replacing or removing any Facility, regardless of the methods employed, including Excavation.
(6) “Construction Permit or Permit” means a permit issued pursuant to Section 913.08 of this Chapter.
(7) “Emergency” means an unforeseen occurrence or condition calling for immediate action.
(8) “Excavate, Excavating or Excavation” means cutting, sawing, breaking, drilling into, boring under, or otherwise altering any Public Street or sidewalk pavement, and/or digging, drilling into or boring under any unpaved portion of the Right-of-Way, including any other work or activity which disturbs the existing surface or subsurface structure, composition, or soil compaction.
(9) “Excess Capacity” means the volume or capacity in any existing or future Facility in the Right-of-Way that is or will be available for use for additional Facilities.
(10) “Facilities or Facility” means the plant, equipment and property, including but not limited to, cables, fibers, wires, lines, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground in the Right-of-Way of the City and used or to be used to operate a System to transmit, receive, distribute, provide or offer a service, publicly or privately.
(11) “Lane Obstruction” means the blocking or diverting of vehicular and/or pedestrian traffic from a street or sidewalk for the purpose of Constructing, Excavating, maintaining or operating any Facility, including (A) the lifting or removing of manhole or handhole covers, and (B) the opening or accessing of at-grade or pole-mounted cabinets, pedestals, transformers, power supplies, amplifiers, splice enclosures, traps or other Facilities.
(12) “New Service Orders” means the connection from the Service Provider's existing Facilities on private property for the purpose of providing a new Service to a customer in the City.
(13) “Occupancy, Occupy or Use” means, with respect to the Right-of-Way, to place a tangible thing in the Right-of-Way for any purpose, including, but not limited to, Constructing, repairing, positioning, maintaining or operating lines, poles, pipes, conduits, ducts, equipment or other structures, appurtenances or Facilities necessary to operate, or relating to, a System for the delivery of Services or private services over the Right-of-Way.
(14) “ODOT” means the Ohio Department of Transportation.
(15) “Other Ways” means the highways, streets, alleys, Utility Easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental entity other than the City.
(16) “Overhead Facilities” means utility poles that extend more than eight (8) feet above the surface of the Rights-of-Way and wires, cables and other such equipment running between and on such poles more than eight (8) feet above the surface of the Rights-of-Way, including the underground supports and foundations for such Facilities.
(17) “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals and includes their lessors, trustees and receivers.
(18) “Public Easement” means any easement under the jurisdiction and control of the City and acquired, established, dedicated or devoted for public purposes, including utility purposes.
(19) “Public Street” means the paved and unpaved portion of any street, road, boulevard, drives, highway, freeway, parkway, lane court, alley or other Right-of-Way in which the City has an interest in law or equity and which has been acquired, established, dedicated or devoted to street purposes.
(20) “Public Way Fee” means a fee levied to recover the costs incurred by the City and associated with the Occupancy or Use of a Right-of-Way as provided in Chapter 4939 of the Ohio Revised Code.
(21) “PUCO or Public Utilities Commission of Ohio” means the State Administrative agency, or lawful successor, authorized to regulate and oversee certain Public Service Providers and Services in the State of Ohio.
(22) “Reconstruct, Reconstruction, etc.” means substantial physical change to or Capital Improvement of all or a portion of an existing System or Facilities including, but not limited to, the addition or alteration of Facilities to accommodate the provision of an additional Service or Services, and a change in location, or additional locations, of Facilities along the same Right-of-Way involving Construction in Public Streets, Utility Easements, or Right-of-Way.
(23) “Right-of-Way” means the surface of, and the space within, through, on, across, above or below, any Public Street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, Public Easement and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the City but excludes a private easement.
(24) “Routine Maintenance means repair, upkeep, replacement or restoration of existing Facilities located in the Right-of-Way that requires no more than three (3) working days to complete, is not an Emergency and does not include Excavation of the Right-of-Way.
(25) “Service” means the offering of water, sewer, electric, gas, telephone, telecommunications, cable television, video, information or other utility- like service directly to the public, or to such classes of users as to be effectively available to the public, or a class of private users, regardless of the Facilities used.
(26) “Service Provider” means any Person who, pursuant to the consent to Occupy or Use the Right-of-Way pursuant to Section 913.02 of this Chapter, directly or indirectly owns, controls, operates or manages Facilities within the City's Right-of-Way, used or to be used for the purpose of operating a System to: (i) offer Service to the public within the City or outside of the City's boundaries or (ii) transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no service offered to the public.
(27) “State” means the State of Ohio.
(28) “Surplus Space” means that portion of the Usable Space on a utility pole that has the necessary clearance from the Facilities of other Public Service Providers using the pole, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by an additional Service Provider for a pole attachment.
(29) “System” means a network of Facilities for the transmission and/or distribution of a particular Service.
(30) “Trenchless Technology” means the use of directional boring, horizontal drilling and micro-tunneling and other techniques in the Construction of underground portions of Facilities that result in the least amount of disruption and damage to the Right-of-Way as possible.
(31) “Underground Facilities” means that portion of a System located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.
(32) “Usable Space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO.
(33) “Utility Easement” means any easement owned by a Service Provider and acquired, established, dedicated or devoted for the purpose of providing Service to the public.
(Ord. 2023-49. Passed 6-13-23.)
(a) Consent Required to Occupy Right-of-Way. No Person shall Occupy or Use the Right-of-Way without obtaining prior consent from the City to do so.
(b) Persons Required to Apply for Consent to Occupy or Use Right-of-Way.
(1) The following Persons shall apply to the City for consent to Occupy or Use the Right-of-Way on a form provided by the Safety-Service Director if such Person:
A. Does not currently have an existing System or Facilities in the City's Right-of-Way and desires to Construct a System or Facilities in the Right-of-Way;
B. Had an existing System or Facilities in the Right-of-Way on July 2, 2002 and does not have presumed initial consent under Section 913.02(c)(1) below; or
C. Has initial presumed consent or City consent to Occupy or Use the Right-of-Way for an existing System or Facilities, but is planning
1. A Capital Improvement or Reconstruction of existing Facilities; or
2. To Construct additional Facilities or an additional System anywhere in the City.
(c) Initial Consent Presumed.
(1) A Person with existing Facilities in the Right-of-Way on July 2, 2002 Chapter shall be presumed to have initial consent for those then-existing Facilities to Occupy or Use the Right-of-Way if such Person:
A. Is subject to jurisdiction by the PUCO;
B. Has a valid franchise agreement with the City to provide Cable Services or other Services in the City, and/or
C. Is any other Person whose existing Facilities lawfully Occupied the Right-of-Way on July 2, 2002.
(2) Initial presumed consent for Occupancy or Use of the Right-of-Way is limited to the Service Provider's existing Facilities.
(3) Any Service Provider with initial presumed consent to Occupy or Use the Rights-of-Way shall file an Initial Registration with the City within ninety (90) days of the effective date of this Chapter, on a form provided by the Safety-Service Director, which shall include the information required by Section 913.02(d) of this Chapter.
(4) A Person with initial presumed consent must comply with the requirements of this Chapter with respect to the ongoing Occupancy or Use of the Right- of-Way including, but not limited to, the Insurance, Indemnity, Performance Bond and Registration requirements of Sections 913.04(a), (b) and (c) and 913.05 of this Chapter.
(d) Application for Consent to Occupy or Use the Right-of-Way and Initial Registration of Service Providers with Initial Presumed Consent. The application for Consent to Occupy or Use the Right-of-Way and/or initial registration pursuant to Section 913.02(c) for Service Providers with initial presumed consent to Occupy or Use the Right-of-Way shall include the following information with respect to the applicant's or Service Provider's planned or existing System and/or Facilities in the Right-of-Way as well as plans for any planned Capital Improvements or Reconstruction for the following twelve (12) months:
(1) The identity, legal status and federal tax identification number of the applicant, including all Affiliates of the applicant or Service Provider that will Use or Occupy the Right-of-Way or are in any way responsible for Facilities located in the Right-of-Way.
(2) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the application or initial registration and available at all reasonable times to be notified in case of emergency.
(3) A general description of the Service provided or to be provided by the applicant or Service Provider over its System or Facilities. Where Services are or will be provided by a nonaffiliated provider, the applicant or Service Provider shall identify that provider.
(4) A description of the type of transmission medium used, or to be used, by the applicant or Service Provider to operate a System.
(5) A map and/or description of the existing or proposed Facilities in the City's Right-of-Way:
A. The map and/or description shall be in sufficient detail to identify:
1. The location and route of the applicant's or Service Provider's Facilities or proposed Facilities.
2. The location of all known existing Overhead and/or Underground Facilities in the Right-of-Way along the route or proposed route of the applicant's or Service Provider's Facilities or proposed Facilities that is sufficient to show the impact of the applicant's Facilities on other existing Facilities.
3. The location of all known overhead and underground Utility Easements.
B. Upon written request of a Service Provider, the Safety-Service Director may modify the requirements of this subsection (d)(5), if in his or her reasonable discretion such modification serves the purposes of this Chapter and the City's need to manage its public Rights-of-Way.
C. A Service Provider may designate any portion or portions of the maps and/or information provided under this subsection (d)(5) as proprietary and/or a trade secret so as to remain confidential. In this event, the City shall seek to maintain the confidentiality of such maps and/or information; provided, however, that such information is subject to applicable public records laws and exceptions thereto. The City shall provide a Service Provider with written notice of any proposed inspection or disclosure prompted by a public records request related to the Service Provider's maps and/or information the Service Provider has designated to be confidential. The Service Provider shall have three (3) business days from the written notice to object to any public records disclosure and to agree in writing to defend and indemnify the City with respect to any litigation under the Ohio Public Records Act to compel disclosure and all costs thereof.
(6) Evidence that the applicant or Service Provider has complied, or will comply, with the Indemnification, Insurance, Performance Bond and Construction Bond requirements of this Chapter.
(7) Information sufficient to determine that the applicant or Service Provider has received any certificate of authority required by the PUCO, FCC or other applicable State or Federal Agency to operate a System and provide Services in the City.
(8) Written acknowledgement of receipt of a copy of this Chapter.
(9) Such other information as the Safety-Service Director may reasonably require that is relevant to the Provider's Use or intended Use of the Right-of-Way.
(e) City Consent or Denial for Occupancy or Use of the Right-of-Way.
(1) The City shall grant or deny, in writing, a Person's application for consent to Occupy or Use the Right-of-Way within sixty (60) days of the date on which the Person filed the application with the City.
A. The City may withhold, deny or delay its consent to a Person's application to Occupy or Use the Right-of-Way based on the Person's failure to possess the financial, technical and managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the City and in accordance with Ohio law.
B. If the City denies a Person's application to Occupy or Use the Right-of-Way, the City shall provide its reasons in writing for denying the application, and shall provide any information reasonably requested by that Person necessary to obtain the City's consent to Occupy or Use the Right-of-Way.
(2) The City's grant of consent for a Person to Occupy or Use the Right-of- Way shall be in the form of a Right-of-Way Occupancy Certificate which shall set forth the specific terms of the City's consent for such Person to Occupy or Use the Right-of-Way.
(f) Application to Existing Franchise or Agreement. For purposes of this Chapter, an effective Franchise or Agreement shall be deemed consent authorizing the Occupancy or Use of the Right-of-Way to the extent described in the Franchise. Any Occupancy or Use of the Right-of- Way beyond that authorized by the Franchise or Agreement shall require additional consent for such additional Occupancy or Use. Service Providers shall comply with all other provisions of this Chapter except if there is a direct conflict between a specific provision in the Franchise or Agreement and the provisions of this Chapter, the Franchise or Agreement shall control.
(Ord. 2023-49. Passed 6-13-23.)
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