(A) Consent required to occupy public right-of-way. No person shall occupy or use a micro wireless facility in the public right-of-way without obtaining prior consent from the city to do so.
(B) Initial consent presumed.
(1) A person with a micro wireless facility in the public right-of-way on the effective date of this chapter, who lawfully occupies the public right-of-way on the effective date of this chapter, shall be presumed to have initial consent of the city for its existing micro wireless facility to occupy or use the public right-of-way which has been previously approved by the city.
(2) Initial presumed consent for occupancy or use of the public right-of-way is limited to the existing micro wireless facility.
(3) A person with initial presumed consent is not relieved from compliance with this chapter with respect to the ongoing occupancy or use of the public right-of-way including, but not limited to, the insurance and indemnity requirements set forth in divisions (E) and (F) of this section.
(C) Application for consent to occupy or use public right-of-way.
(1) The following persons shall apply to the city for consent to occupy or use the public right-of-way on a form provided by the city, any person who:
(a) Does not currently have an existing micro wireless facility in the city’s public right-of-way and desires to construct a new micro wireless facility in the public right-of-way; or
(b) Has initial presumed consent or city consent to occupy or use the public right-of-way for an existing micro wireless facility but is planning:
1. A capital improvement or reconstruction of an existing micro wireless facility; or
2. To construct an additional micro wireless facility anywhere in the city.
(2) The application for consent to occupy or use the public right-of-way shall include the following information with respect to the applicant’s or service provider’s planned or existing micro wireless facility in the public right-of-way, as well as plans for any planned capital improvements or reconstruction:
(a) The identity, legal status and federal tax identification number of the applicant, including all affiliates of the applicant or service provider in the state that will use or occupy the public right-of-way or are in any way responsible for the micro wireless facility in the public right-of-way;
(b) 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;
(c) A description of the existing or proposed micro wireless facility in the city’s public right-of-way, including, but not limited to, engineering plans, specifications or a map, all in sufficient detail to identify:
1. The location of the applicant’s micro wireless facility or proposed micro wireless facility;
2. The location of all existing overhead and or underground facilities, facility or micro wireless facility in the public right-of-way in the area of the applicant’s or service provider’s micro wireless facility or proposed micro wireless facility that is sufficient to show the impact of the applicant’s micro wireless facility on other existing facilities, facility or micro wireless facility; and
3. The location of all overhead and underground utility easements.
(d) A preliminary construction schedule and completion date for all planned capital improvements;
(e) Evidence that the applicant or service provider has complied, or will comply, with indemnification and insurance requirements of this chapter;
(f) Information sufficient to determine that the applicant or service provider has received any certificate of authority required by the PUCO;
(g) A description of the construction methods to be employed for the protection of existing structures, fixtures and facilities in or adjacent to the public right-of-way;
(h) A description of the structures, improvements and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate;
(i) A description of the impact of construction, reconstruction, installation, maintenance or repair of a micro wireless facility on trees in or adjacent to the public right-of-way, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas disturbed during construction;
(j) All applications shall be accompanied by the certification of a state registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations;
(k) All applications which involve a lane obstruction or work on, in, under, across or along any public right-of-way shall be accompanied by a traffic-control plan demonstrating the protective measures and devices that will be employed, consistent with the Ohio Department of Transportation’s Uniform Manual of Traffic Control Devices and other applicable ODOT regulations, to prevent injury or damage to persons or property, and to minimize disruptions to efficient pedestrian and vehicular traffic. The city may require the service provider to use and employ the city police force for traffic control; and
(l) Such other and further information as may reasonably be requested by the city.
(3) The city, by and through its Planning Commission, shall grant or deny, in writing, a person’s application for consent to occupy or use the public right-of-way within 60 days of the date on which the person filed the application and all necessary information with the city.
(a) The city may withhold, deny or delay its consent to a person’s application to occupy or use the public right-of-way based on the health, safety and welfare of the city, and in accordance with city ordinances and state law. These reasons may include, but not be limited to, those criteria set forth in division (d) of this section.
(b) If the city denies a person’s application to occupy or use the public right-of-way, the city shall provide its reasons in writing for denying the application and shall provide any information that the person may reasonably request necessary for the person to obtain the city’s consent to occupy or use the public right-of-way.
(4) The city’s grant of consent for a person to occupy or use the public 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 public right-of-way.
(5) Each person submitting an application for consent to occupy or use the public right-of-way shall pay a fee in the amount of $250 per site and assessed by the Building Commissioner to reimburse the city for its administrative costs.
(6) The time periods set forth herein may be tolled:
(a) By mutual agreement between the person requesting consent and the city;
(b) Where the city determines that the application is incomplete; or
(c) By the city in the event it has an extraordinary number of micro wireless facilities contained in pending requests, in which case the city may toll the 60-day period for a reasonable amount of time not exceeding an additional 30 days.
(7) To toll the time period for incompleteness, the city shall provide written notice to the person requesting consent not later than 30 days after receiving the request, clearly and specifically delineating all missing documents or information.
(8) The time period begins running again when the person makes a supplemental submission in response to the city’s notice of incompleteness.
(9) If a supplemental submission is inadequate, the city shall notify the person not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in divisions (A) to (C) of this section.
(D) Micro wireless facility in right-of-way. No person shall occupy or use the public right-of-way as a micro wireless facility without first obtaining the approval of the proposal improvements by the Planning Commission. The person proposing the improvements shall deliver to the Planning Commission 16 sets of the plans and specifications, including all necessary details, profiles and cross-sections for each proposed improvement. The Planning Commission shall approve or disapprove of such proposed improvements based on the following standards:
(1) Compliance with all city codes and laws and other governmental laws where required;
(2) The recommendation of all administrative departments in regard to the improvements;
(3) The effect of the proposed improvements on the right-of-way and in relation to all other improvements already installed or approved;
(4) The proposed location of the improvements in regard to such items as sight lines, drainage, safety and visual interference;
(5) The size, bulk and location of the improvements in relation to obtaining proper light, air, privacy, usable open space and compatibility with surrounding uses;
(6) The proper screening or placement of the improvements to minimize the negative effects of the improvements on the right-of-way or adjoining uses; and
(7) Compliance with the United States Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD) and Ohio Department of Transportation Ohio Manual of Uniform Traffic Control Devices (OMUTCD).
(E) Service provider insurance. As a condition of the consent to occupy or use the public right-of-way, a service provider must secure and maintain, at a minimum, the following liability insurance policies insuring both the service provider and the city as additional insured:
(1) Comprehensive general liability insurance with limits not less than:
(a) One million dollars per occurrence, $2,000,000 annual aggregate, for bodily injury or death to each person;
(b) One million dollars per occurrence, $2,000,000 annual aggregate, for property damage resulting from any one accident; and
(c) One million dollars per occurrence, $2,000,000 annual aggregate, for all other types of liability.
(2) The liability insurance policies required by this section shall be maintained by the service provider throughout the period of time during which the service provider is occupying or using the public right-of-way or is engaged in the removal of its facilities. Each such insurance policy shall contain the following endorsement:
“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City, by registered mail, of a written notice addressed to the Building Commissioner of such intent to cancel or not to renew.”
(3) Within 30 days after receipt by the city of said notice, and in no event later than 15 days prior to said cancellation, the service provider shall obtain and furnish to the city replacement insurance policies meeting the requirements of this section;
(4) All insurance policies required herein shall be written with an insurance company authorized to do business in the state in relation to the specific type of insurance required; and
(5) Upon written application to, and written approval by, the Director of Finance, a service provider may be self-insured to provide all of the same coverages as listed in this section. As part of the review process, the Director of Finance may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant’s ability to meet the needs of this chapter.
(F) General indemnification. Each application for consent to occupy or use the public right-of-way shall include, to the extent permitted by law, the service provider’s express undertaking to defend, indemnify, and hold the city and its elected and appointed officers, officials, employees, agents, representatives, and subcontractors harmless from and against any and all damages, losses, and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from, or alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, failures to act, or misconduct of the service provider or its affiliates, officers, employees, agents, contractors, or subcontractors in the design, construction, reconstruction, installation, operation, maintenance, repair, or removal of its micro wireless facility, and in providing or offering services over the micro wireless facility, whether such acts or omissions are authorized, allowed, or prohibited by this chapter. Reconstruction, installation, operation, maintenance, repair or removal of its micro wireless facility, and in providing or offering services over the micro wireless facility, whether such acts or omissions are authorized, allowed or prohibited by this chapter.
(Prior Code, § 875.02) (Ord. 2018-14, passed 7-10-2018)