(a) Applications for a general right-of-way permit by a holder of a franchise shall be filed with the municipality fiscal officer in such form and in such manner as the administrator requires. There shall be no application fee. Any person holding a valid franchise shall be granted a general right-of-way permit. Such General right-of-way permit shall be valid so long as the underlying Franchise is valid and the applicable provisions of that franchise, the right-of-way permit and of this chapter are complied with; provided, however, that such right-of-way permit shall only relate to and entitle the permittee to utilize the rights-of-way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a franchise. Any other right-of-way use by such permittee shall require a separate or amended right-of-way permit issued pursuant to division (b).
(b) All other applications for general right-of-way permits, or amendments or renewals thereof, shall be filed with the municipality fiscal officer in such form and in such manner as the administrator requires, along with an application fee of $300. This application fee shall be setoff against the first annual permit fee due, in the event A general right-of-way permit is issued. The Administrator shall determine if the application is in order and shall, within 15 days of the receipt of a complete application, issue a written report regarding such application. The report shall recommend that the Right-of-Way Committee deny or grant the right-of-way permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Administrator's report shall be served upon the applicant by mail along with a notice of when the Right-of-Way Committee will consider the same. The meeting of the Right-of-Way Committee shall be scheduled within seven days of the serving the report on the applicant unless otherwise agreed to by the applicant. The Right-of-Way Committee shall then consider such recommendation and make a final determination in writing, within seven days of the Administrator's report unless waived by the applicant, as to whether or not such right-of-way permit should be granted and if so, upon what terms and conditions. The term of each such general right-of-way permit shall be for ten years from issuance, or such lesser term as the Applicant requests. After issuance, a general right-of-way permit shall automatically renew upon the expiration of each ten-year period for an additional ten-year period, unless the permittee otherwise request, in writing, prior to the expiration date, or said permit is terminated by the municipality for cause. Decisions of the Right-of-Way Committee regarding general right-of-way permits may be appealed to the Municipality Council. Such appeal shall be filed with the Municipality Fiscal Officer in such form as the Regulation requires, within 15 days of the decision appealed from. Decisions of Municipality Council on such appeals shall be final and appealable pursuant to R.C. Chapter 2506.
(c) An application for a limited right-of-way permit, or renewal thereof, shall be filed with the Municipality Fiscal Officer in such form and in such manner as the Administrator requires, along with an application fee of either:
(1) Fifty Dollars for a limited right-of-way permit for residential purposes, or
(2) Three Hundred Dollars for all others. This application fee shall be setoff against the first annual permit fee due, in the event a limited right-of-way permit is issued. If the Administrator determines that the application is in order and that the criteria set forth in § 1019.05 have been met, and that the application should be granted, the Administrator shall, within 15 days of a receipt of a completed application, grant or renew a limited right-of-way permit subject to any appropriate terms and conditions or deny the same. The Administrator's grant, renewal or denial shall be served upon the Applicant by mail at the address set forth in the application. The term of such limited right-of-way permits shall be three years from issuance, or such lesser term as the Applicant requests. After issuance, a limited right-of-way permit shall automatically renew upon the expiration of each three-year period for an additional three-year period, unless the permittee otherwise request, in writing, prior to the expiration date, or said permit is terminated by the municipality for cause. A limited right-of-way permit for residential purposes may be granted for an indefinite term from issuance, but may be cancelled by the Administrator with 60 days written notice.
(d) Any applicant may appeal to the Right-of-Way Committee:
(1) The denial of a limited right-of-way permit;
(2) The failure of the Administrator to take any action on an applicant's limited right-of-way permit within 15 days of the submission of the application to the municipality; or
(3) The conditions imposed by the municipality Administrator in granting the limited right-of-way permit. In order to perfect such appeal, the Applicant shall file a notice of appeal on forms provided by the municipality with the Right-of-Way Committee:
A. Within ten days of the Administrator's determination regarding a limited right-of-way permit or within 55 days of a submitting an application to the municipality if the Administrator has failed to take action regarding an application for a limited right-of-way permit within 15 days of the submission of an application for a limited right-of-way permit. The Right-of-Way Committee shall then review the matter and after affording the Applicant an opportunity to be heard either in person or in writing render a final determination within 15 days of the filing of the appeal, unless such period is waived by the applicant. Except to the extent otherwise appealable by law pursuant to R.C. Chapter 2506, the Right-of-Way Committee's decision shall be final with regards to applications for limited right-of-way permits.
(e) Any Right-of-Way Permittee shall, within 30 days of the granting or renewal of any right-of-way permit hereunder, if and as applicable, pay a pro-rata portion of the fees required by § 1019.07(b) or (c); provided, however, that should the permittee appeal, and during the pendency thereof the permittee does not use or occupy any right-of-way, the permittee shall not be required to pay such pro-rata portion of said fees until such appeal has been finally determined.
(Ord. 2714, passed 12-17-07)