§ 154.101 FINDINGS AND PURPOSE.
   (A)   The Village of New Lebanon, Ohio is vitally concerned with the use of the various rights of way in the municipality 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 municipality.
   (B)   Changes in the utilities and communication industries have increased the demand and need for access to public rights of way and placement of facilities and structures therein.
   (C)   It is necessary to comprehensively plan and manage access to, and structures and facilities in, the public rights of way to promote efficiency, lessen the public inconvenience of uncoordinated work in the rights of way, and promote public safety.
   (D)   In recognition of the limited space available in the municipality rights of way, the municipality shall promote the collocation of utilities to minimize intrusions into the rights of way.
   (E)   While not a principal purpose of this chapter, an ingredient or component of this ordinance is to protect the public welfare by protecting real estate from impairment and destruction of value by taking into account aesthetic considerations in the requirement by the municipality, when in the opinion of the municipality practical, of the underground placement of any element of a public or private utility system located in the public rights of way.
   (F)   The municipality has rights 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 public rights of way.
(Ord. 2000-06, passed 7-6-00)