§ 1026.05 CRITERIA FOR GRANTING PERMITS.

   (a)   A general right-of-way permit shall be granted to any applicant holding a valid franchise permit.

   (b)   Except as provided in divisions (a) and (c), a general or a limited right-of-way permit shall be granted to an applicant upon a determination that:

      (1)   The granting of the right-of-way permit will contribute to the public health, safety or welfare in the village;

      (2)   The granting of the right-of-way permit will be consistent with the policy of the village as set forth in § 1026.02(d); and

      (3)   The applicant is not delinquent on any taxes or other obligations to the village or Hamilton County and has the requisite financial, managerial and technical ability to fulfill all its obligations hereunder.

   (c)   A limited right-of-way permit for residential purposes not exempted pursuant to § 1026.03(a) shall be granted at the Administrator’s discretion if the Administrator finds that granting such permit will not be inconsistent with the policy of the village set forth in § 1026.02(d).

   (d)   The Administrator, the Right-of-Way Committee, or Village Council, as applicable under this chapter, may impose such lawful conditions on the granting of a permit as reasonably required to be consistent with the criteria set forth in this section and to promote the policy of the village set forth in § 1026.02(d).

(Ord. 2007-32, passed 9-18-2007)