(a) Unless otherwise permitted pursuant to the Village of Lockland, Ohio Code of Ordinances, no person shall use, occupy, construct, own or operate structures or facilities in, under or over any rights-of-way or any public property within the village unless such person first obtains a right-of-way permit and conforms to the requirements set forth therein and in this chapter; provided, however, that general or limited right-of-way permits shall not be required for the following uses:
(1) Newspaper stands;
(2) Any use by the village;
(3) Awnings approved by the Building and Zoning Department affixed to a structure abutting the rights-of-way; and
(4) Residential purposes, as long as, in the opinion of the Administrator, the residential use:
A. Has received or will receive all other necessary permits;
B. Is consistent with this chapter and the related regulations;
C. Does not adversely affect the public health, safety or welfare; and
D. Does not materially interfere with the other lawful use of the right-of-way.
(b) The following types of right-of-way permits are available.
(1) General right-of-way permit. Right-of-way permit granted to persons who desire and are granted authority to utilize rights-of-way generally throughout the village for business purposes including the provision of utility, cable television, communications or other services to the village, its residents and taxpayers.
(2) Limited right-of-way permit. Right-of-way permit granted to a person for a specific, limited use of the rights-of-way or a specific portion thereof as further delineated in such permit. A limited right-of-way permit shall not be available to any person for use of more than one mile of right-of-way. Limited right-of-way permits may be granted for any amount of right-of-way to agencies of the government of the United States, the State of Ohio, or its political subdivisions for governmental purposes.
(3) Franchise. Nothing in this chapter should be construed to preclude the village from requiring any person offering any natural gas, electric, cable television, communications or other utility services for which the village may lawfully require a franchise, to acquire a franchise upon the expiration of any right-of-way permit issued hereunder.
(c) Any such right-of-way permit may also allow the use of specified public property for the uses set forth in the right-of-way permit and in this chapter.
(d) Each right-of-way permit shall specify the use or uses for which it is granted and contain such other terms and conditions as are appropriate and as are set forth in the regulations.
(e) Unless otherwise set forth herein, right-of-way permits are not transferable without the prior express written approval of the Administrator, upon written request. An application for approval of the transfer of a right-of-way permit shall be made to the Village Administrator on forms provided by the village.
(1) To the extent the request is from a proposed transferee that is:
A. Is subject to the jurisdiction of the Public Utilities Commission of Ohio;
B. Possesses a valid certification from the Public Utilities Commission of Ohio, including certification pursuant to Ohio R.C. 4933.81 et seq.; and/or
C. Is recognized on the rolls of the Public Utilities Commission of Ohio for the services to be provided by the facilities subject to this chapter, then such transferee is not required to provide evidence that the transferee has the financial, technical and managerial resources to comply with the obligations of this chapter and its right-of-way permit.
(2) To the extent the request is from a proposed transferee that:
A. Is not subject to the jurisdiction of the Public Utilities Commission of Ohio;
B. Does not possess a valid certification from the Public Utilities Commission of Ohio, including certification pursuant to Ohio R.C. 4933.81 et seq.; and/or
C. Is not recognized on the rolls of the Public Utilities Commission of Ohio for the services to be provided by the facilities subject to this chapter, then such request shall contain evidence that the proposed transferee has the financial, technical and managerial resources to comply with the obligations of this chapter and its right-of-way permit.
(3) A transfer request shall be granted if such transferee is either:
A. Subject to the jurisdiction of the Public Utilities Commission of Ohio, possesses a valid certification from the Public Utilities Commission of Ohio, including certification pursuant to Ohio R.C. 4933.81 et seq., and/or is recognized on the rolls of the Public Utilities Commission of Ohio for the services to be provided by the facilities subject to this chapter; or
B. Provides sufficient evidence that the proposed transferee has sufficient financial, technical and managerial resources.
(4) The Administrator shall adopt regulations providing procedures for transfer of right-of-way permits that shall include provisions providing that:
A. All requests for transfer shall be deemed approved if the Administrator does not disapprove the same within 30 days of receipt of the completed written transfer request; and
B. Transfer to affiliates under common ownership and control with the permittee shall not require approval, so long as the Administrator is provided 30 days written notice of such transfer.
(5) Any permittee may appeal an adverse action of the Administrator made pursuant to this section to the Right-of-Way Committee.
(f) (1) There is hereby created a Right-of-Way Committee, consisting of three members. The Right- of-Way Committee shall act by majority vote and each of its members may designate an alternate, in writing, to perform such member’s duties and obligations in such member’s absence. The Mayor shall act as chair of the Right-of-Way Committee.
(2) The Right-of-Way Committee shall meet as required to perform the following functions:
A. Approve or deny applications for a general right-of-way permit;
B. Hear and determine appeals from the Village Administrator’s actions with respect to applications for limited rights-of-way appeals;
C. Hear and determine appeals from the Village Administrator’s actions with respect to applications to transfer a right-of-way permit; and
D. Hear and determine applications for hardship variances filed by permittees from the strict application of this chapter or the regulations promulgated hereunder, or the actions of the Village Administrator in the interpretation and application of this chapter or the regulations promulgated hereunder.
(3) A record of any hearing before the Right-of-Way Committee shall be made. All actions of the Right-of-Way Committee approving or denying applications, or imposing additional conditions on any permittees, shall be made in writing, and served upon the applicants at the address set forth in the application.
(Ord. 2007-32, passed 9-18-2007)