(A) Construction and major maintenance plan. Each provider shall, at the time of initial application and by January 1 of each following year, file a construction and major maintenance plan with the Village Fiscal Officer. Such construction and major maintenance plan shall be provided for all geographical areas requested by the Village Engineer, up to and including the entire geographical area of the Village. It shall be submitted using a format(s) mutually agreeable to the provider and the Village and shall contain the information determined by the Village Engineer to be necessary to facilitate the coordination and reduction in the frequency of construction in the rights of way. The construction and major maintenance plan shall include, but not be limited to, all currently scheduled and/or anticipated construction projects for the next calendar year, if none are scheduled or anticipated then the plan shall so state. The provider shall use its best efforts in supplying this information and shall update the construction and major maintenance plan on file with the Village Fiscal Officer whenever there is a material change in scheduled and/or anticipated construction projects. In an effort to assist providers with the completion of their annual construction and major maintenance plan, the Village Engineer, as soon as possible, will send each provider's system representative a descriptive narrative (and any mapping information reasonably available) for all the planned right of way improvements and/or scheduled maintenance that the Village then currently intends to undertake during the calendar year.
(B) Mapping data. With the filing of its application for a certificate of registration, a provider shall be required to accurately inform the Village of the number of miles (rounded up to the nearest mile) of right of way the provider's system then currently occupies and begin submitting to the Village all information that currently exists and which can be provided regarding the location of its facilities in the right of way in hard copy or in the most advanced format (including, but not limited to, electronic and/or digital format) then currently being used by the provider that is then currently capable of technologically being read (or readily converted to a readable form) by the Village. Unless otherwise required by § 95.13(B), a provider shall have up to one year from the date of the provider's initial filing of an application for a certificate of registration to completely submit all the mapping data for a provider's system in the entire geographical area of the Village which it owns or over which it has control that are located in any rights of way of the Village in the most advanced format (including, but not be limited to electronic and/or digital format) then currently being used by the provider that is then currently capable of technologically being read (or readily converted to a readable form) by the Village. The mapping data is only required to be at the “atlas” level of detail necessary for the Village to reasonably determine the location of the provider's facilities in the rights of way. The provider shall supply the mapping data on paper if the Village Engineer determines that the format currently being used by the provider is not capable of being read by the Village. Anytime after the issuance of a certificate of registration, and upon the reasonable request of the Village Engineer, a provider shall be required to provide to the Village any additional location information for any facilities which it owns or over which it has control that are located in any rights of way of the Village required by the Village. Any and all actual direct, incidental and indirect costs incurred by the Village during the process of reviewing, inputting and/or converting a provider's mapping information to comport with the Village's then current standard format (whether electronic or otherwise) shall be directly billed to, and must be timely remitted by, the provider. Failure to pay such mapping costs within 60 days of receipt of an invoice shall subject an applicant or provider to revocation of its certificate of registration and the penalties of § 95.99. Further, each provider that has been issued a certificate of registration shall accurately inform the Village on or before each subsequent January 1 of the number of miles (rounded up to the nearest mile) of right of way the provider's system then occupied as of the immediately previous December 1. The Village Engineer may, in the future, adopt additional specifications and further define or modify the mapping data requirements under this section for reasons including, but not limited to, changes in technology or the law regarding public disclosure of a provider's mapping information. When the Village modifies and/or amends the mapping data requirements, the Village shall use best efforts to avoid unreasonably increasing the burden to the providers that may be associated with satisfying the amended mapping requirements. When the mapping requirements of § 95.04(B) are amended, each provider shall be served with a copy of the new specifications or modifications by regular U.S. mail to the system representative identified in each certificate of registration and in accordance with § 95.19(B); provided, however, that any failure of any provider to actually receive such notice shall not in any way affect the validity or enforceability of said specifications or modifications.
(C) Exemption from disclosure. A provider shall notify the Village if the provider believes that any specific document or portion of a document being submitted to the Village is exempt from the public records disclosure requirements of R.C. § 149.43. The notification shall be in writing and indicate the specific document or portion of a document that the provider believes is exempt from disclosure. The notification shall include the legal basis for the claimed exemption, including the applicable statutory reference and any additional information necessary to make a determination of exemption for each specific document or portion of a document. If a public records request is made for documents submitted by a provider, the Village will consider the written notification in making its own independent determination of whether a specific document or a portion of a document is exempt from the disclosure requirements of R.C. § 149.43. To the extent permitted by law, the village will endeavor to use reasonable best efforts to notify the provider of the request prior to making the document available for inspection or copying.
(Ord. O-2204-09, passed 10-19-09)