(a) The purpose of this chapter is to provide for the regulation of the use or occupation of all rights-of-way in the municipality, the issuance of right-of-way permits to persons for such use or occupancy and to set forth the policies of the municipality related thereto.
(b) A right-of-way permit issued pursuant to 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 state, federal or municipality franchises, licenses or permits necessary to the operation and conduct of its business or the occupation or use of any right-of-way; provided, however, that no permittee holding a valid right-of-way permit shall be required to obtain a franchise for any type of services rendered by said permittee for which the municipality did not require franchise at the time said permittee's permit was last issued or renewed. Should there be a direct conflict between the provisions of this chapter and a valid franchise, the provisions of the franchise shall prevail; provided, however, that additional obligations shall not be construed as a conflict.
(c) The administrator is hereby directed and empowered to enforce the provisions of this chapter.
(d) The municipality's policy regarding rights-of-way is:
(1) To promote the utilization of rights-of-way for the public health, safety and welfare and to promote economic development in the municipality;
(2) 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 municipality's residents and taxpayers at reasonable costs;
(3) To promote cooperation among the permittees and the municipality in the occupation of rights-of-way, and work therein, in order to minimize public inconvenience during right-of-way work, and eliminate wasteful, unnecessary or unsightly duplication of facilities;
(4) To promote public safety and protect public property;
(5) To ensure adequate public compensation for private use of the rights-of-way and the costs related thereto, including the regulation thereof;
(6) To promote and require reasonable accommodation of all uses of rights-of-way; and when all requests for right-of-way use cannot be accomplished, to give priority for use of rights-of-way, in the order indicated, from highest to lowest, to the following users:
A. The municipality for governmental purposes;
B. Another governmental entity for governmental purposes with the municipality's concurrence, or other governmental use required by law;
C. General right-of-way permittees and proprietary uses by the municipality; and
D. Limited right-of-way permittees; provided, however, that the Administrator may reasonably require cooperation and accommodation among Permittees in the public interest; and
(7) To assure that applicants have the financial, technical and managerial resources to comply with this chapter and the provisions of any right-of-way permit issued hereunder; provided that, for purposes of this chapter, an applicant possessing valid certification from the Public Utilities Commission of Ohio, including certification pursuant to R.C. 4933.81 et seq., for the services to be provided by the facilities subject to this chapter shall be presumed to possess the requisite financial, technical and managerial resources, unless otherwise shown by clear and convincing evidence.
(e) All right-of-way permits granted hereunder shall be non-exclusive and no property right of any nature shall be created by the granting of a permit under this chapter.
(f) This chapter does not apply, and nothing herein should be construed to apply the provisions of this chapter, to structures or facilities owned or operated by the municipality or any municipality operations that occupy or use the rights-of-way. Further, the costs imposed by the municipality's occupancy or use of the rights-of-way shall not be included in the costs to the municipality to maintain and manage the rights-of-way. It is specifically contemplated, however, that the municipality shall carry out its operations in a manner consistent with the policy set forth in this chapter, including participation and cooperation in all joint planning hereunder and identification of structures and facilities located in the rights-of-way.
(Ord. 2714, passed 12-17-07)