(a) In addition to the other requirements set forth herein and in the regulations each permittee, except a limited right-of-way permittee for residential purposes, shall:
(1) Use its best efforts to cooperate with other permittees and the village for the best, most efficient, most aesthetic and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) Participate in such joint planning, construction and advance notification of right-of-way work, excepting such work performed in an emergency provided the permittee uses its best efforts to contact the village at the earliest possible time after beginning any such emergency work requiring excavation or other interference with the flow of traffic, as may be required this chapter and as may be more specifically set forth in regulations promulgated pursuant to this chapter;
(3) Reasonably cooperate with other permittees in utilization of, construction in and occupancy of private rights-of-way within the village, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the permittee; provided, however, that nothing in this division shall be construed to require expenditure of funds or rearrangement of facilities by a permittee without fair compensation.
(4) At the direction of the Administrator upon reasonable written notice as determined by the Administrator after consulting with the affected permittees and taking into account the size of the project, the time necessary to perform removal or rearrangement work, the difficulty associated with such removal or rearrangement, costs and such other matters as the Administrator deems appropriate, a permittee shall, at its sole cost, including but not limited to engineering, construction, permits and other such costs, temporarily or permanently remove or rearrange its facilities:
A. As deemed necessary or otherwise in the public interest by the Administrator to accommodate construction, repair or modification of any street, sidewalk, village utility or other public improvement;
B. As part of the Administrator’s determination, to the extent permitted by Ohio law, that designated portions of its rights-of-way should accommodate only underground facilities or that facilities should occupy only one side or a specified portion of a street or other public way, provided that such determination is reasonable and a part of an overall improvement or beautification plan or project;
C. If an additional or subsequent village or other public use of rights-of-way is inconsistent with the then current uses of such permittee; or
D. For any other reasonable cause as determined by the Administrator pursuant to § 1026.14(b). Notwithstanding any other provision of this division, immediate notice may be utilized to the extent necessary to alleviate an emergency threatening the public health, safety, or welfare. If the permittee believes that additional time beyond the notice provided the Administrator is necessary to relocate facilities pursuant to this section and such additional time is not granted by the Administrator, the permittee may petition the Right-of-Way Committee for additional time to relocate its facilities.
(5) Provide maps and other information relating to a permittee’s facilities and operations within the rights-of-way and compliance with this chapter in such form as the regulations require. The maps and information shall, at a minimum, locate, describe and identify all uses of, and structures and facilities of such permittee in the rights-of-way.
(6) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way, including tree trimming, in accordance with good engineering and construction practice including any appropriate safety codes, other applicable village codes and in accordance with the regulations and use its best efforts to repair and replace any street, curb or other portion of the right- of-way, or facilities or structure located therein, not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the village and other permittees, all in accordance with the regulations adopted hereunder or any other applicable provisions of the Village of Lockland, Ohio Code of Ordinances.
(7) Register, or cause to be registered, its facilities with underground reporting services as set forth in the regulations.
(8) Use its best efforts to cooperate with the village in any emergencies involving the rights-of-way in such manner as the regulations shall require including the maintenance of a 24 hour emergency contact.
(9) Be permitted to enter into lease or other wholesale type agreements with affiliates or other entities for the use of permittee’s facilities located within the rights-of-way; provided, however, permittee shall remain responsible and liable to pay all rights-of-way fees and perform all obligations imposed by:
A. This chapter;
B. Any regulations promulgated pursuant to this chapter; and
C. The permittee’s right-of-way permit.
(10) Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as the regulations require.
(b) Each permittee shall assure that any subcontractor or other person performing any work or service in the right-of-way on behalf of the permittee will comply with all applicable provisions of this chapter and its right-of-way permit and will identify the permittee for whom such contractor is working. The permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if the permittee had performed or failed to perform any such obligation.
(Ord. 2007-32, passed 9-18-2007)