(A) Certificate of registration applications. To obtain a certificate of registration to construct, own, or maintain any system within the village, or to obtain a renewal of a certificate of registration issued pursuant to this chapter, an application must be filed with the village on the form adopted by the village which is hereby incorporated by reference. For all applications the village shall collect an application fee. The application fee shall be equal to all the actual and direct costs incurred by the village that are associated with receiving, reviewing, processing and granting (or denying) an application. At the time of its decision to either grant or deny an application the village shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing and granting (or denying) the application and provide a written invoice to the applicant for the appropriate amount. The village shall require that the applicant remit all application fee amounts invoiced within 30 days of its decision to either grant or deny a certificate of registration. Any applicant who fails to timely remit such invoiced application fee amounts shall be subject to the penalties of this chapter, the imposition of any other legal or equitable remedies available to the village and the immediate revocation of any certificate of registration having been issued.
(B) Information required for application to obtain a certificate of registration.
(1) The applicant shall keep all of the information required in this section current at all times, provided further that applicant or provider shall notify the village of any changes to the information required by this section within 30 days following the date on which the applicant or provider has knowledge of such change. The information provided to the village at the time of application shall include, but not be limited to:
(a) Each applicant's name, legal status (i.e. partnership, corporation, etc.), street address and email address, if applicable, and telephone and facsimile numbers; and
(b) The name, address and email address, if applicable, and telephone and facsimile numbers of a system representative. The system representative shall be available at all times. Current information regarding how to contact the system representative in an emergency shall be provided at the time of application and shall be updated as necessary to assure accurate contact information is available to the village at all times; and
(c) A certificate of insurance where required to be provided to meet the requirements of this section shall:
1. Verify that an insurance company licensed to do business in the State of Ohio has issued an insurance policy to the applicant;
2. Verify that the applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the:
a. Use and occupancy of the rights-of-way by the applicant, its officers, agents, employees and contractors; and
b. Placement and use of facilities in the rights-of-way by the applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of underground facilities and collapse of property;
3. Name the village, its elected officials, officers, employees, agents and volunteers as an additional insured as to whom the comprehensive general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverage, as is required within this chapter.
4. Require that the village be notified 30 days in advance of cancellation of, or coverage changes in, the policy. The liability
insurance policies required by this section shall contain the following endorsement:
a. "It is hereby understood and agreed that this policy may not be diminished in value, canceled nor the intention not to renew be stated, until 30 days after receipt by the village, by registered mail, return receipt requested, of a written notice addressed to the Mayor or her/his designee of such intent to cancel, diminish or not to renew."
b. Within 30 days after receipt by the village of said notice, and in no event later than five days prior to said cancellation, the provider (or applicant) shall obtain and furnish to the Mayor a certificate of insurance evidencing replacement insurance policies.
5. Satisfy the requirements for comprehensive liability coverage, automobile liability coverage and umbrella coverage as follows:
a. Comprehensive general liability insurance: comprehensive general liability insurance to cover liability, bodily injury, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
i. Bodily injury: Each occurrence - $1,000,000; annual aggregate - $3,000,000.
ii. Property damage: Each occurrence - $1,000,000; annual aggregate - $3,000,000.
iii. Personal injury: Annual aggregate - $3,000,000.
iv. Completed operations and products liability shall be maintained for six months after the termination of a certificate of registration.
v. Property damage liability insurance shall include coverage for the following hazards: E - explosion, C - collapse, U - underground.
b. Comprehensive auto liability insurance: Comprehensive auto liability insurance to cover owned, hired, and non-owned vehicles must be maintained. Applicant may maintain comprehensive auto liability insurance as part of applicant's comprehensive general liability insurance, however, said insurance is subject to approval by the Mayor or her or his designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
i. Bodily injury: Each occurrence - $1,000,000; annual aggregate - $3,000,000.
ii. Property damage: Each occurrence - $1,000,000; annual aggregate - $3,000,000.
(2) Additional insurance. The village reserves the right to require any other insurance coverage it deems necessary after review of any proposal submitted by the applicant.
(3) Self-insurance. Those applicants maintaining a book value in excess of $50,000,000 may submit a statement requesting to self-insure. If approval to self-insure is granted, applicant shall assure the village that such self-insurance shall provide the village with no less than would have been afforded to the village by a third party insurer providing applicant with the types and amounts of coverage detailed in this section. This statement shall include:
(a) Audited financial statements for the previous year; and
(b) A description of the applicant's self-insurance program; and
(c) A listing of any and all actions against or claims made against the applicant for amounts over $1,000,000 or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above $50,000,000.
(d) The Mayor may modify or waive these requirements if they are not necessary in determining the sufficiency of the self-insurance. The Mayor may request applicable and pertinent additional information if it is necessary in determining the sufficiency of the self-insurance.
(4) The village's examination of, or failure to request or demand, any evidence of insurance in accordance with this chapter shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant's obligations under this chapter.
(5) Documentation that applicant or provider maintains standard workers' compensation coverage as required by law. Similarly, provider shall require any subcontractor to provide workers' compensation coverage in amounts required by law for all of the subcontractor's employees.
(6) If the person is a corporation, upon specific request of the village, a copy of the certificate of incorporation (or its legal equivalent) as recorded and certified to by the secretary of state (or legal equivalent) in the state or country in which incorporated.
(7) A copy of the person's certificate of authority from the PUCO and/or the FCC and/or FERC, if the person is lawfully required to have or actually does possess such certificate from said commission(s) and any other approvals, permits, or agreements as set out in § 57.02(I).
(8) Upon request of the village, a narrative (or if applicable PUCO/FCC/FERC application information) describing applicant's proposed activities in the village including credible information detailing applicant's financial, managerial, and technical ability to fulfill applicant's obligations under this chapter and carry on applicant's proposed activities.
(C) Criteria for issuance of a certificate of registration. In deciding whether to issue a certificate of registration, the village shall consider:
(1) Whether the issuing of the certificate of registration will contribute to the health, safety, and welfare of the village and its citizens.
(2) Whether the issuing of the certificate of registration will be consistent with this chapter.
(3) Whether the applicant has submitted a complete application and has secured all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the applicant
(4) Whether the applicant is delinquent on any taxes or other obligations owed to the village, Hamilton County or State of Ohio.
(5) Unless applicant is otherwise exempted from such consideration by R.C. § 4939.03(C)(5), whether the applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this chapter and the issuance of a certificate of registration.
(6) Any other applicable law.
(D) Grant or denial of an application for a certificate of registration.
(1) The village, not later than 60 days after the date of filing by an applicant of a completed application, shall grant or deny the application.
(2) If an application for a certificate of registration is denied, the village shall provide to the applicant, in writing, the reasons for denying the application and such other information as the applicant may reasonably request to obtain consent.
(E) Obligations of a provider upon receipt of a certificate of registration. In addition to the other requirements set forth herein and in the rules and regulations each provider shall:
(1) Use its best efforts to cooperate with other providers and users of the rights- of-way and the village for the best, most efficient, and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts; and
(2) When possible, participate in joint planning, construction and advance notification of rights-of-way work, as may be required by the village; and
(3) Upon reasonable written notice, and at the direction of the Mayor or his or her designee, promptly remove or rearrange facilities as necessary for public safety; and
(4) Perform all work, construction, maintenance or removal of facilities within the rights-of-way, in accordance with good engineering, construction and arboricultural practice (if applicable), including any appropriate state building codes, safety codes and law and use best efforts to repair and replace any street, curb or other portion of the rights-of-way, or facilities located therein, to a condition to be determined by the Village Engineer to be adequate under current standards and 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 providers, all in accordance with all applicable provisions of this chapter, any rules and regulations the village may adopt and the code of ordinances; and
(5) Construct, install, operate and maintain its facilities and system in a manner consistent with all applicable laws, ordinances, construction standards and governmental requirements including, but not limited to, The National Electric Safety Code, National Electric Code and applicable FCC, FERC, or other federal, state and/or local regulations; and
(6) Be on notice that removal of trees, or the use of vegetation management programs within the rights-of-way of the village require prior written approval by the Mayor or his or her designee. Any such activities, unless an emergency, shall only be performed following the prior written approval of the Mayor or his or her designee and must be performed in accordance with standard horticultural and arboreal practices as promulgated by entities such as the National Arbor Day Foundation, the International Society of Arboriculture, and the Tree Care Industry, all as may be required by the village. Pruning shall at a minimum meet or exceed the requirements of the most current version of the American National Standards Institute ANSI A300 standard. Any additionally required horticultural and arboreal practices and guidelines shall be described in the rules and regulations adopted by pursuant to § 57.05(E). Emergency removal of trees or the use of vegetation management programs within the rights-of- way of the village may be performed in rights-of-way as described herein and in accordance with the rules and regulations, but the Mayor shall be provided notice of such emergency work being performed within two business days of the start of the work. Any non-emergency tree removal or the use of vegetation management programs within the rights-of-way that is performed without the Mayor or designee's written permission shall subject a person to the penalties of § 57.99 and may further require that the tree or vegetation be replaced, at the sole expense of the responsible person, with a healthy tree or vegetation of like kind and quality; and
(7) Warrant that all worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the provider's facilities within the rights-of-way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration; and
(8) Use its best efforts to cooperate with the village in any emergencies involving the rights-of-way; and
(9) Provider shall, weather permitting, remove all graffiti within 21 calendar days of notice. Provider shall use all reasonable efforts to remove any and all graffiti on any of the provider's facilities located within the village rights-of-way. Should the provider fail to do so, the village may take whatever action is necessary to remove the graffiti and bill the provider for the cost thereof; and
(10) Providers shall use all reasonable efforts to field identify their facilities in the rights-of-way whenever providers are notified by the village that the village has determined that such identification is reasonably necessary in order for the village to begin planning for the construction, paving, maintenance, repairing, relocating or in any way altering any street or area in the rights-of-way as defined in this chapter. The village shall notify the providers of the village's date to begin the process at least 30 days prior to the commencement of said activities. In field identifying facilities:
(a) Providers shall identify all facilities that are within the affected rights- of-way using customary industry standards and distinct identification; and
(b) Facilities will be so marked as to identify the provider responsible for said facilities; and
(c) Should any such marking interfere with the facilities function, create a safety problem or violate any safety code, alternative methods of marking the facilities may be approved by the Village Engineer; and
(d) All marking should be clearly readable from the ground and include provider's name, logo and identification numbering or tracking information. No advertising will be permitted.
(11) A provider that is replacing an existing utility pole shall be responsible to coordinate with all other providers to ensure the orderly transfer of all lines or cables to the replacement utility pole, the removal of the existing utility pole, and the restoration of the rights-of-way within 30 days weather permitting after the replacement utility pole is installed. Upon request, the Village Engineer may grant the provider additional time for good cause.
(F) Establishment of utility corridors.
(1) The Village Council may assign specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are, or that the Village Engineer expects may someday be, located within the rights-of-way.
(2) Any provider whose facilities are in the rights-of-way and are in a position at variance with utility corridors established by the Village Council shall at the time of the next construction of the area, excluding normal maintenance activities, move such facilities to their assigned position within the rights-of-way. Existing underground facilities located within a designated utility corridor shall not be required to relocate into adjacent or alternative portions of the rights-of-way unless they are in conflict with an actual or proposed public improvement project. The above requirements may be waived by the Mayor for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the facilities, public safety, customer service needs, law precluding such undergrounding of facilities, and hardship to the provider. If a provider is denied a requested waiver from the above requirements, the provider may appeal the denial of the Mayor.
(3) The Village Engineer shall make every good faith attempt to accommodate all existing and potential users of the rights-of-way as set forth in this chapter.
(4) Providers may enter into written agreements to use existing poles and conduits with the owners of same and shall use best efforts to install their facilities within the rights-of-way.
(5) No facility placed in any rights-of-way shall be placed in such a manner that interferes with normal travel on such rights-of-way.
(6) Unless otherwise stated in a certificate of registration, permit, or division (F)(6)(c) of this section all facilities within the rights-of-way shall be constructed and located in accordance with the code and with the following provision:
(a) Whenever all existing facilities that have been traditionally located overhead are located underground in a certain area within the village, a provider who desires to place its facilities in the same area must also locate its facilities underground.
(b) Whenever a provider is required to locate or relocate facilities underground within a certain area of the village, every provider with facilities within the same area of the village shall concurrently re-locate their facilities underground.
(c) The above requirements may be waived by the village for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the facilities, public safety, customer service needs, law precluding such undergrounding of the facilities, and hardship to the provider. If a provider is denied a requested waiver from the above requirements, the provider may appeal the denial of the Village Engineer to the Mayor.
(Ord. O-20-20, passed 10-26-2020)