CHAPTER 905
Right-of-Way Regulations
905.01   Purpose and scope of chapter.
905.02   Definitions.
905.03   Types of permits.
905.04   Application process and fees; terms.
905.05   Criteria for granting permits.
905.06   Obligations of permittees.
905.07   Construction and technical standards.
905.08   Annual permit fees and work permit fees.
905.09   Notice of right-of-way work and joint planning.
905.10   City use of facilities.
905.11   Indemnification and insurance.
905.12   Removal of facilities.
905.13   Revocation of permit; remedies.
905.14   Reservation of rights.
905.15   Street vacation.
905.16   Temporary movement of facilities.
905.17   Transfer or assignment limitations.
905.18   Nonenforcement and waivers by City.
905.19   Controlling law.
905.20   Miscellaneous.
905.99   Penalty.
 
CROSS REFERENCES
Cable television franchises - see BUS. REG. Ch. 705
Small cell technology in the right of way - see S.U. & P.S. Ch. 907
 
905.01 PURPOSE AND SCOPE OF CHAPTER.
   (a)   The purpose of this chapter is to provide requirements for the use or occupation of any and Rights-of-Way and Public Property in the City, the issuance of Permits to Persons for such use or occupancy and to set forth the policies of the City related thereto.
   (b)   This chapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each Permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operations and conduct of its business.
   (c)   No person shall use, occupy, own or operate facilities in, under or over any Right-of-Way within the City unless such Person first obtains a Franchise and/or Permits conforming to the requirements set forth therein and in this chapter.
   (d)   The policy of the City with regard to Rights-of-Way is hereby declared to be:
      (1)   To promote public safety and protect public property;
      (2)   To promote the utilization of Rights-of-Way in a manner which best protects the public health, safety and welfare and which promotes economic development in the City;
      (3)   To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the City's citizens and taxpayers at reasonable rates;
      (4)   To promote cooperation among the City and Franchisees and Permittees in the occupation of Rights-of-Way, and work therein, in order to minimize public inconvenience during work in the Rights-of-Way and avoid uneconomical, unneeded and unsightly duplication of facilities;
      (5)   To ensure adequate compensation for the private use of the Rights-of- Way and the regulation thereof; and
      (6)   To promote and require reasonable accommodation of all uses of Rights of Way and to establish the following priority of use of Rights-of-Way, when all requested usage of Rights-of-Way by Permittees cannot be accommodated:
         A.   Use by the City shall have first priority;
         B.   Use by another governmental entity with City’s concurrence or other uses required by law, and Utility Permittees and Franchisees shall have second priority;
         C.   Telecommunications Permittees and Franchisees shall have third priority;
         D.   Special Permittees shall have fourth priority; and
         E.   Residential Permittees shall have fifth priority;
provided, however. that the Director of Service may reasonably require Right-of-Way Permittees and Franchisees to cooperate to accommodate use by other Permittees and Franchisees and provided further that the Director may alter these priorities when the Director reasonably determines a deviation herefrom to be in the public interest.
   (e)   Nothing in this chapter should be construed to apply the provisions of this chapter to facilities owned or operated by the City or any of its operations.
   (f)   Unless otherwise specifically stated in a Permit, all permits or Franchises granted hereunder shall be non-exclusive.
   (g)   If an existing Permit conflicts with the requirements enacted by the amendments to this chapter, then this chapter shall have no effect on said Permit until the expiration of said Permit. Said Permits shall be governed by the laws or rules under which they were issued.
(Ord. 97-36. Passed 12-1-97.)
905.02 DEFINITIONS.
   For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense. Words in the plural form include the singular form, and words in the singular form include the plural form. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in the Chapter 905. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
   (a)   "Applicant" means any Person applying for a Permit hereunder.
   (b)   "Approved" means approval by the City pursuant to this chapter or any Regulations adopted hereunder.
   (c)   "Best Efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
   (d)   "Cable Television Service" means the one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or any other programming service.
   (e)   "Chapter” or "this chapter" means Chapter 905 of the Codified Ordinances of the City, as amended from time to time, and any Regulations adopted hereunder.
   (f)   "City" means the City of Grandview Heights, Ohio, or, as appropriate in the case of specific provisions of this chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Grandview Heights, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
   (g)   "Council" means the Council of the City of Grandview Heights.
   (h)   "Director" means the Director of Service.
   (i)   "Emergency" means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
   (j)   "Force Majeure" means a strike, acts of God, acts of public enemies, orders of any kind issued by the government of the United States of America or of the State of Ohio or any of their departments, agencies, or relevant political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long and to the extent that, the Force Majeure prevents compliance or causes noncompliance with the provisions hereof.
   (k)   "Franchise" means the nonexclusive right, pursuant to the Constitution and laws of Ohio and/or the United States, granted by the City pursuant to Chapter 705 to operate a cable communications system or provide cable television service to consumers within the City.
   (l)   "Permit" means the nonexclusive grant of authority to use or occupy all or a portion of City's Rights-of-Way granted pursuant to this chapter.
   (m)   “Permittee" means any person issued a 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 Permit.
   (n)   "Person" means any natural person or any association, firm. partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
   (o)   "Regulation" means any rule adopted by and pursuant to the authority of this chapter.
   (p)   "Residential Related Purposes" shall mean residential use of Right-of-Way for mailboxes, residential sewer and water lines, fences, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the Right-of-Way by ordinance.
   (q)   “Right of Way" or "Rights-of-Way" means the surface of and the space above and below any public street, public road, public highway, public freeway. public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the City which shall, within its proper use, entitle a Permittee, in accordance with the terms hereof and of any Permit, to the use thereof for the purpose of installing or operating any facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any Permit. Right-of-Way shall also include publicly owned property, but only to the extent the use or occupation thereof is specifically granted in a Permit or by Regulation.
      (Ord. 97-36. Passed 12-1-97.)
905.03 TYPES OF PERMITS.
   (a)   The following types of Permits and Franchises are available for use of the Rights-of-Way:
      (1)   Cable television franchise. Granted to providers of Cable Television Service. The specific terms and conditions of a Cable Television Franchise shall be contained within such franchise. This chapter shall be applicable to such franchises to the extent specified within the franchise;
      (2)   Telecommunication or utility permit. Granted to persons who desire and are granted authority to utilize Rights-of-Way to provide a public utility and/or telecommunications service, other than Cable Television Service;
      (3)   Special permit. Granted to Persons for a specific, limited use of the Rights-of-Way or a specific portion thereof;
      (4)   Residential permit. Granted to an adjacent or proximate residential landowner to occupy or use a portion of the Right-of-Way for Residential Related Purposes; and
(Ord. 97-36. Passed 10-1-97.)
      (5)   Right-of-way work permit. Granted for construction, improvements, upgrades and maintenance to the system as authorized in this chapter.
         (Ord. 2007-14. Passed 6-18-07.)
   (b)   All Permits shall specify the use or uses for which such Permit or Franchise is granted and contain such other non-discriminatory terms and conditions as are appropriate and as are set forth in this chapter or as negotiated and agreed to by the City and the Permittee to provide for the public health, safety or welfare.
   (c)   Permits and the rights of Permittees thereunder are not transferable without the express written approval of the City. Any such decision shall be made in accordance with the provisions of this chapter.
(Ord. 97-36. Passed 12-1-97.)
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