(a) Findings and Purpose.
(1) The Village of Newcomerstown, Ohio (the "Village") is vitally concerned with the use of all rights- of-way in the Village as such rights-of-way are a valuable and limited resource which must be utilized to promote the public health, safety, and welfare including the economic development of the Village.
(2) Changes in the public utilities and communication industries have increased the demand and need for access to rights-of-way and placement of facilities and structures therein.
(3) It is necessary to comprehensively plan and manage access to, and structures and facilities in, the rights-of-way to promote efficiency, discourage uneconomic duplication of facilities, lessen the public inconvenience of uncoordinated work in the rights-of-way, and promote the public health, safety, and welfare.
(4) The Village has authority under the Laws and Constitution of the State of Ohio, including but not limited to Article 18, Sections 3, 4 and 7, to regulate public and private entities which use the rights-of-way.
(5) In the interest of equity and uniformity specific utilities and their uses are not singled out in this chapter. The Village recognizes the inherent differences between aerial and underground utilities and that some rules and regulations may pertain to one and not the other. Where there is a question of applicability, the chapter shall be applied in the least restrictive way for the occupant, providing the municipalities primary goal of maintaining and managing the right-of-way is not negatively impacted.
(b) Scope. The provisions of this chapter shall apply to all users of the rights-of-way as provided herein. To the extent that anything in this chapter conflicts with other provisions, then the provisions of this chapter shall control.
(Ord. 05-2017. Passed 6-5-17.)