(a) Right-of-Way Construction Permit Required. No Person, including a Service Provider, shall perform any work, cut any drainage ditch, place any culvert, cut any curb, or make any Excavation or place or install any item above ground level, in the right of way of any street or highway in the Village without first obtaining a Right-of-Way Construction Permit from the Chief Building Official.
(b) Application for Permit; Fee. Applications for Right-of-Way Construction Permits shall be made to the office of the Chief Building Official together with such data as may be required to ensure compliance with the purpose and intent of this Chapter as determined by the Chief Building Official. The Chief Building Official shall establish policies, procedures, and standards for the submission, review, and issuance of Right-of-Way Construction Permits in a manner compatible with the purposes of this Chapter. Application for a Right-of-Way Construction Permit shall be accompanied by a fee based only on the costs that the Village both has actually incurred and clan clearly demonstrate are or can be properly allocated and assigned to the occupancy or use of the public right of way in accordance with Ohio Revised Code Section 4939.05(c). This fee may be waived by the Chief Building Official in the case of minor work.
(c) Approval Required for Above Ground Facilities. Except for the replacement or location of Facilities on existing poles where surplus space is available, the Chief Building Official will forward any request for a permit to permanently locate any structure or item above the surface of the ground in the Right-of-Way to the Planning Commission and/or any applicable Board, for approval of location, aesthetics and screening.
(d) Maximum Facility Height. The maximum height for any Facility including antennae shall be equal to the applicable zoning district maximum structure height as outlined in Chapter 11 of the Codified Ordinances of Glenwillow.
(e) Underground Facilities. Whenever existing electric, cable, telecommunications and other similar Facilities are located underground in a Right-of-Way, a Person must also locate its Facilities underground.
(f) Review and Approval. Upon receipt of an application for a Right-of-Way Construction Permit, the Chief Building Official shall review the application together with all additional data submitted, for compliance with this Chapter and with the policies, procedures, and standards the Chief Building Inspector shall establish. The Building Official shall issue or deny the requested Right-of-Way Construction Permit within thirty (30) days of receiving a completed Right-of-Way Construction Permit application, including any additionally required information.
(g) Denial or Revocation of Right-of-Way Construction Permit; Appeal.
(1) If the Chief Building Official finds that the application for Right-of-Way Construction Permit or data submitted with the application is incomplete or otherwise unsatisfactory, he or she shall issue a written notice of denial to the applicant setting forth the reasons for the denial.
(2) The Chief Building Official may revoke a Right-of-Way Construction Permit issued pursuant to this Chapter at any time for good cause. Within three (3) working days of the revocation of a Right-of-Way Construction Permit, the Chief Building Official shall send notice to the Person whose permit has been revoked, setting forth in detail the grounds of the revocation. Such notice shall be mailed to the Person to whom the permit was issued at the address shown on the permit application.
(3) Any Person whose application has been denied or whose Right-of-Way Construction Permit has been revoked by the Chief Building Official shall have the right to appeal to the Planning and Zoning Commission. An appeal shall be submitted and heard according to the rules and procedures of the Commission. An appeal must be filed within ten (10) days of receipt of the written verification of such denial or revocation.
(h) Permit Time Limitations. A Right-of-Way Construction Permit issued pursuant to this Chapter shall become invalid unless the work authorized by the permit was commenced within sixty (60) days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of six (6) weeks after the time the work was commenced; provided that, for cause, the Chief Building Official may authorize in writing one or more extensions of time for periods not exceeding sixty (60) days each.
(i) Inspections Required. The Chief Building Official or his or her duly authorized representatives shall inspect work performed under a Right-of-Way Construction Permit at such times and in such manner as may be designated on the Right-of-Way Construction Permit or as established in the written policies or procedures of the Building Department. Notice shall be given to the Building Department at least twenty-four (24) hours prior to the start of any work for the purpose of scheduling inspections.
(j) Construction Bond May be Required. The Chief Building Official may determine, within his or her reasonable discretion, that the circumstances related to an application for a Right-of- Way Construction Permit, require the Person applying for such permit to obtain and file a Construction Bond with the Village that ensures the Person's (and any subcontractor's) full and complete compliance with, and performance under this Chapter, including any costs, expenses, damages or loss the Village pays or incurs due to any failure attributable to the Person (or its subcontractor) to comply with the codes, ordinances, rules, regulations or permits of the Village. The Chief Building Official shall determine the amount of the Construction Bond in accordance with the purpose and intent of this Chapter. The form of the Construction Bond shall be subject to the reasonable approval of the Director of Law. Any Person required to obtain a Construction Bond pursuant to this section shall have the right to appeal to the Planning Commission. An appeal shall be submitted and heard according to the rules and procedures of the Commission, and must be filed within ten (10) days of receipt of the written notice of the Construction Bond requirement.
(k) Work Started Without A Permit. The fees required by Section 911.03(b) shall be doubled for work, for which a permit is required by this code, started prior to obtaining a permit.
(l) No Right-of-Way Construction Permit Required for Routine Maintenance.
(1) A Service Provider need not obtain a Right-of-Way Construction Permit or notify the Village prior to or after commencing any Routine Maintenance that does not include Excavation or closing of a street.
(2) For Routine Maintenance that requires the Service Provider to cause a lane obstruction in a public street for more than four (4) hours, the Service Provider shall provide the Village and/or Chief Building Official with forty-eight (48) hours advance notice prior to commencing the Routine Maintenance, and shall submit a drawing showing the planned traffic maintenance and indicating how the Service Provider will meet all requirements of ODOT's Manual of Traffic Control Devices or other applicable ODOT regulations.
(3) A Service Provider performing Routine Maintenance shall otherwise comply with the requirements of this Chapter.
(m) Emergency Work. In the event of the need for any unexpected repair, maintenance or emergency work, a Service Provider may commence such emergency response work as required under the circumstances, provided that if any emergency work requires Excavation of a Right-of-Way or closing of a street, the Service Provider shall notify the Chief Building Official as promptly as possible before commencing the emergency work, or as soon as possible thereafter if advance notice is not practicable.
(Ord. 2016-12-43. Passed 3-1-17.)