(a) Compliance with all Applicable Laws. Permitees/Providers shall at all times maintain compliance with all applicable federal, state and local Laws, regulations, ordinances, or other rules.
(b) Right to Inspect. The City or its designee may inspect any facilities within the Right of Way. The Permittee/Provider shall cooperate with all inspections. The City reserves the right to support, repair, disable, or remove any elements of the facilities in emergencies or when the facility threatens imminent harm to persons or property.
(c) Maintenance. The site and the Facility, including but not limited to all landscaping, fencing, and related equipment, must be free from graffiti, dirt, debris, rust, corrosion, peeling paint, broken parts and maintained in accordance with all approved plans and conditions of approval.
(d) General Construction. All work and designs shall comply with the following general standards for construction in the City's Right of Way:
(1) City of Moraine Codified Ordinances;
(2) City of Moraine Standard Construction Drawings;
(3) City of Moraine Construction and Material Specifications;
(4) Ohio Department of Transportation (ODOT) Location and Design Manual;
(5) ODOT Standard Drawings;
(6) ODOT Construction and Material Specifications;
(7) Ohio Manual of Traffic Control Devices;
(8) American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets;
(9) AASHTO Roadside Design Guide;
(10) AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities;
(11) AASHTO Guide for Development of Bicycle Facilities;
(12) United States Access Board (USAB) Proposed Guidelines for Pedestrians in the Public Right of Way;
(13) USAB American with Disabilities Act Accessibility Guidelines;
(14) National Fire Protection Association 70 National Electric Code; and
(15) All other applicable local, state, and federal codes and regulations.
(e) Conflict with other Provisions. In the event that any other applicable Law or code requires any more restrictive requirements, the most restrictive requirement shall control.
(f) Severability. The provisions of these Regulations are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances, is held invalid, the remaining provisions, subsection, and application of such to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included herein.
(g) Installation and Inspection.
(1) Completion within ninety (90) days. The construction of any Facility for which a Permit is granted shall be completed within ninety (90) days after issuance of the Permit unless the City and the Permittee agree to extend this period. The City will agree to an extension if the delay is caused by:
A. Make-ready work for a City-owned facility; or
B. The lack of commercial power or backhaul availability at the site, provided that the Permittee/Provider made a timely request within sixty (60) days after the issuance of the Permit for commercial power or backhaul services.
The additional time to complete installation may not exceed three hundred and sixty (360) days after the issuance of the Permit.
(2) Procedure for request for extension of time. In situations when completion will not occur within ninety (90) days after issuance of the Permit, the Permittee may request an extension of time for the reasons noted above in writing to the Engineering Department, and shall include the length of time being requested and the reason for the delay.
(h) Existing Infrastructure Restoration Requirements. As required by the City's Codified Ordinances Chapter 901, the Permittee and/or its subcontractors shall leave the streets, alleys, and other public places where work is done in as good condition or repair as they were before such work was commenced and to the reasonable satisfaction of the City.
(i) Interference with Operations.
(1) No Liability. The City shall not be liable to the Permittee/Provider by reason of inconvenience, annoyance, or injury to the Facilities and related equipment or activities conducted by the Permittee/Provider therefrom, arising from the necessity of repairing any portion of the Right of Way, or from the making of any necessary alteration or improvements, in or to, any portion of the Right of Way, or in or to the City's fixtures, appurtenances, or equipment.
(2) Signal Interference with City's Communications Infrastructure Prohibited. In the event that an Permittee/Provider's Facility interferes with the public safety radio system, or the City's or State's traffic signal system or fiber optic communication system, then the Permittee/Provider's shall, at its cost, immediately cooperate with the City to either rule out Permittee/Provider as the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the transmission equipment on and off for testing.
(j) Removal or Relocation Required for City Project.
(1) Permittee/Provider shall remove and relocate the permitted Facility at the Permittee/Provider's sole expense to accommodate construction of a public improvement project by the City or State.
(2) If Permittee/Provider fails to remove or relocate the Facility or portion thereof as requested by the City within one hundred and twenty (120) days of the City's notice, then the City shall be entitled to remove the Facility or portion thereof at Permittee/Provider's sole cost and expense, without further notice to Permittee/Provider.
(3) Permittee/Provider shall, within thirty (30) days following issuance of invoice for the removal or relocation of a Facility, or any portion thereof, reimburse the City for its reasonable expenses incurred in the removal or relocation (including, without limitation, overhead and storage expenses).
(k) Removal Required by City for Safety and Imminent Danger Reasons.
(1) Permittee/Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Facility within the time frame and in the manner required by the City if the City reasonably determines that the disconnection, removal, or relocation of any part of a Facility:
A. Is necessary to protect the public health, safety, welfare, or City property; or
B. Permittee/Provider fails to obtain all applicable licenses, permits, and certifications required by Law for its Facility.
(2) If the City Engineer reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Facility at the Permittee/Provider's sole cost and expense.
(l) Removal/Abandonment of Facilities. Permittee/Provider shall remove its Facilities when such facilities are Abandoned regardless of whether or not it receives notice from the City. For purposes of this Section, "Abandoned" means any Facilities that are unused for a period of three hundred and sixty-five (365) days without the Permittee/Provider otherwise notifying the City and receiving the City's approval. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of sixty (60) days of the Facility being abandoned, or within sixty (60) days of receipt of written notice from the City. When Permittee/Provider abandons permanent enclosures in the Right of Way, the Permittee/Provider shall notify the City in writing of such abandonment and shall file with the City the location and description of each Facility abandoned. Prior to removal, Permittee/Provider must make Application to the City and receive approval for such removal. Permittee/Provider must obtain a Right of Way Construction Permit for the removal. The City may require the Permittee/Provider to complete additional remedial measures necessary for public safety and the integrity of the Right of Way.
(m) Restoration. Permittee/Provider shall repair any damage to the Right of Way, any facilities located within the Right of Way, and/or the property of any third party resulting from Permittee/Provider's removal or relocation activities (or any other of Operator's activities hereunder) within ten (10) calendar days following the date of such removal or relocation, at Permittee/Provider's sole cost and expense. Restoration of the Right of Way and such property shall follow the Engineering Department's Standard Construction Drawings and Specifications and be no less than the same condition as it was immediately before the date Permittee/Provider was granted a Permit for the applicable location, or did the work at such location (even if Permittee/Provider did not first obtain a Permit). This includes restoration or replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City.
(n) As-Built Maps and Records.
(1) Permittee/Provider shall maintain accurate maps and other appropriate records, including an inventory, of its Facilities as they are actually constructed in the Right of Way or any other City-owned property. The inventory shall include GIS coordinates, date of installation, type of facility used for installation, the facility owner, and description/type of installation for each facility.
(2) Upon City's written request, Permittee/Provider shall provide a cumulative inventory within thirty (30) days of City's request. Concerning facilities that become inactive, the inventory shall include the same information as active installations in addition to the date the facility was deactivated and the date facility was removed from the Right of Way. The City may compare the inventory to its records to identify any discrepancies.
(o) Generally Applicable Health and Safety Regulations. All Facilities shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations.
(p) Tree Maintenance. Permittee/Provider, its contractors, and agents shall obtain written permission from the City before trimming trees in the Right of Way hanging over its Facilities. When trimming such trees on private property, the Permittee/Provider, its contractors, and agents shall notify the City and obtain written permission from the property owner. When directed by the City, Permittee/Provider shall trim under the supervision and direction of the City. The City shall not be liable for any damages, injuries, or claims arising from Permittee/Provider's actions under this section.
(q) Minor Technical Exceptions. The City recognizes that in some circumstances strict compliance with these guidelines may result in undesirable aesthetic outcomes and that minor deviations should be granted when the need for such deviation arises from circumstances outside the Permittee/Provider's control.
(r) Waivers. In the event that any Permittee demonstrates that strict compliance with any provision in these guidelines, as applied to a specific proposed Facility, would prohibit, or effectively prohibit, the provision of service, the City may grant a limited, one-time exemption from strict compliance.
(Ord. 2110-22. Passed 4-14-22.)