(a) Unless otherwise exempted herefrom by state law, a Private Property Utility Structure Permit issued by the City Engineer shall be required for the following utility structures:
(1) New small utility structures located in the front yard.
(2) New large utility structures regardless of location.
(3) Replacement of large utility structures in the front yard.
(b) No Permit is required for the following structures:
(1) New small utility structures in the side or rear yard.
(2) New utility poles regardless of location.
(3) Replacement of small utility structures regardless of location, provided that all unused utility structures are promptly removed.
(4) Replacement of large utility structures in the side or rear yard, provided that all unused utility structures are promptly removed.
(5) Replacement of utility poles regardless of location, provided that all unused utility structures are promptly removed.
(6) A utility structure that is physically attached to a building, such as a meter or service box or to the wiring, cable, pipe, or conduit that provides utility service from a service main to the individual property, or to gas meter regulators.
(c) If a Permit is required, the utility company or applicant shall provide written notice to the owner of the property upon which the utility structure is to be located, to all property owners within 100 feet of the proposed utility structure and to all property owners whose property abuts the property on which the utility structure is proposed to be located. All notices to property owners shall be in writing and sent by U.S. mail, certified with return receipt (green card) requested. In lieu of certified mail, the notices may be provided by hand delivery, and with such election, proof of hand delivery shall be provided by form of receipt (Appendix A) and affidavit (Appendix B) supplied by the City of Moraine. A copy of all written notices sent and proof of delivery shall be submitted to the City Engineer. A Permit shall not be issued until at least 14 days after the written notice has been hand delivered or mailed.
(1) The written notice to property owners required herein shall, at minimum, inform the owners of the following:
A. The utility company and applicant's full name, mailing address, phone number and contact person;
B. A statement that application has or will be filed with the City of Moraine for a permit for installation of a utility structure;
C. A statement describing the size of the proposed utility structure and a drawing to show the proposed location of the utility structure;
D. A statement that the owner has a right to provide the City of Moraine Engineer with written concerns about the proposed utility structure by mailing or delivering those concerns to: City of Moraine Engineer, 4200 Dryden Road, Moraine, Ohio 45439-1495.
(2) If the utility structure does not require a permit, then the utility company or applicant shall provide written post-installation notification to the City Engineer within 30 days.
(d) Along with the completed written application supplied by the City of Moraine, and the written notices and proof of same required herein, the utility company or applicant shall also submit to the City Engineer a copy of the easement or other written documentation that clearly shows the legal authority and ownership of property rights sufficient for the utility company or applicant to place the utility structure in the proposed location.
(e) The City Engineer shall review the application submitted by the utility company or applicant and any written concerns submitted by the property owner and all property owners within 100 feet of the utility structure and all property owners whose property abuts the property on which the utility structure is proposed to be located and all other required information. The City Engineer shall issue a permit approving the utility structure, after the required notice is given, if the utility structure meets the location guidelines and screening criteria contained herein.
(f) The City Engineer may grant a utility company temporary approval of a utility structure when it is necessary in order to provide essential services in an emergency or to a new customer. If immediate action is required, a utility company has temporary approval to take action necessary to respond to an emergency. As soon as practicable, the utility company shall notify the City Engineer of the emergency action taken. Within 5 days after obtaining temporary approval, the utility company shall file for a permit. Temporary approval shall expire 90 days from the date of issuance and is conditioned upon the utility company relocating or removing the utility structure within 120 days if a permit is not granted for the utility structure.
(Ord. 1715-08. Passed 7-10-08.)