(a) Use Permits. Any person who owns, operates or maintains, or who desires to construct, reconstruct, install, operate, maintain or otherwise locate, facilities in any public way of the City shall obtain a use permit as provided in this section. Persons with facilities in, or constructing facilities in, the public way at the time of the effective date of this chapter shall apply for a use permit within ninety (90) days of the effective date of this chapter.
(b) Use Permit Application. Any person who is required to obtain a use permit pursuant to this chapter shall file an application with the City on a form provided by the City Manager. The application shall include the following information with respect to the applicant's existing facilities in the City's public way as well as plans for all capital improvements for the following twelve (12) months:
(1) The identity, legal status and federal tax identification number of the applicant, including all affiliates of the applicant.
(2) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the application and available at all reasonable times to be notified in case of emergency.
(3) A general description of the services provided or to be provided by the applicant over its facilities. Where services will be provided by a nonaffiliated provider, the applicant shall identify that provider.
(4) A description of the type of transmission medium used, or to be used, by the applicant to provide such services.
(5) Engineering plans, specifications and a network map of the applicant's facilities located, or to be located, in the City's public ways, all in sufficient detail to identify:
A. The location and route of the applicant's facilities or proposed facilities on a "to scale" drawing established using State Plane Coordinates and including all information requested in this section.
B. The location of all known overhead and underground public utility, utility, telecommunications, cable, water, sanitary sewer, storm water drainage and other existing facilities in the public way along the route or proposed route of the applicant's facilities or proposed facilities that is sufficient to show the impact of the applicant's facilities on other existing facilities.
C. The location of all known overhead and underground utility easements.
(6) A preliminary construction schedule and completion date for all capital improvements planned for the twelve (12) month period following the date of application.
(7) If the applicant is providing services in the City:
A. A description of the applicant's access and line extension policies.
B. The area or areas of the City in which the applicant is currently serving and a schedule for build-out of the entire area addressed by the permit, if applicable.
(8) All fees, deposits or charges required pursuant to Section 913.08.
(9) Information sufficient to determine that the applicant has received any certificate of authority required by the PUCO to provide services or facilities in the City.
(10) Such other and further information as may reasonably be requested by the City Manager.
(c) Compliance with Financial Requirements. The application for a use permit shall be accompanied by evidence that the applicant has complied with indemnification, insurance, performance bond and construction bond requirements of this chapter.
(d) Determination by the City. Within one hundred twenty (120) days after receiving a complete application under Section 913.04(b), the City Manager shall issue a written determination granting or denying the application in whole or in part, applying the following standards:
(1) The applicant's compliance with the financial requirements of this chapter.
(2) The applicant's compliance with the remaining requirements of this chapter.
(3) If the applicant is proposing to construct new facilities:
A. The capacity of the public ways to accommodate the applicant's proposed facilities, or to accommodate additional facilities if the permit is issued.
B. The damage or disruption, if any, of public or private facilities, structures, improvements, service, travel, or landscaping if the permit is issued.
C. The availability of alternate routes and/or locations for the proposed facilities.
D. The public interest in minimizing the cost and disruption of construction in the public ways.
(4) The effect, if any, on public health, safety and welfare if the permit is issued.
(5) Applicable federal and State laws, regulations and policies.
(6) Such other factors as may demonstrate that the permission to use the public ways will serve the community interest.
If the application is denied, the written determination shall include the reasons for denial.
(e) Amendment of Use Permit.
(1) A use permit holder must obtain an amendment of the use permit to extend its facilities or designated service area in the City's public ways or to locate its facilities in public ways of the City in areas not included in a use permit previously issued under this chapter.
(2) To amend a use permit, the use permit holder must file an application for a use permit for the area in which the holder wishes to extend its facilities and/or service.
(3) If ordered by the City to locate or relocate its facilities in public ways not included in a previously issued use permit, the City shall issue a use permit amendment consistent with the City's order without further application.
(Ord. 1999-48. Passed 10-12-99.)