(a) Applications for a general right-of-way permit by a holder of a franchise shall be filed with the Village Administrator in such form and in such manner as the regulations require. 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) below.
(b) All other applications for general right-of-way permits, or amendments or renewals thereof, shall be filed with the Village Administrator in such form and in such manner as the regulations require, along with an application fee of $300. The Administrator shall determine if the application is in order and shall, within 45 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 15 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 15 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. Decisions of the Right-of-Way Committee regarding general right-of-way permits may be appealed to the Village Council. Such appeal shall be filed with the Village Administrator in such form as the regulation requires, within 15 days of the decision appealed from. Decisions of Village 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 Village Administrator in such form and in such manner as the regulations require, along with an application fee of either: (1) $50 for a limited right-of-way permit for residential purposes; or (2) $300 for all others for a three-year period of time or $100 for a one-year period of time. If the Administrator determines that the application is in order and that the criteria set forth in § 1026.05 have been met, and that the application should be granted, the Administrator shall, within 45 days of the 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 the issuance if a fee of $300 is paid, or one year from the issuance if a fee of $100 is paid, or such lesser term as the applicant requests. A limited right-of-way permit for residential purposes may be granted for an indefinite term from issuance, but may be canceled by the Administrator with 60 days written notice.
(d) Any applicant may appeal any decision of the Village Administrator to the Right-of-Way Committee within ten days of the Administrator’s determination. 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 § 1026.07(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 the fees until such appeal has been finally determined.
(Ord. 2007-32, passed 9-18-2007; Am. Ord. 2013-52, passed 7-16-2013)