(a) Location of Facilities. All Facilities shall be constructed, installed and located in accordance with the following terms and conditions:
(1) Facilities shall be installed within an existing compatible underground duct or conduit whenever excess capacity exists within such Facility.
(2) A Service Provider with permission to install Overhead Facilities shall install its Facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
(3) Whenever the existing electric, cable, telecommunications and other similar Facilities are located underground in a Public Right-of-Way, a Service Provider with permission to occupy the same Public Right-of-Way with the electric, cable, telecommunications or other similar Facilities, must also locate its Facilities underground to the extent technologically feasible.
(4) Except for Overhead Facilities as provided herein, no Facilities shall be located above ground in a Public Right-of-Way without the express written permission of the City.
(b) Above Ground Facility Location Protocol.
(1) Any Facility located or to be located above, including any doors, shall maintain an unobstructed sidewalk width of five (5) feet to provide for unimpeded pedestrian and wheelchair passage, except where the existing sidewalk width is less than six (6) feet, and a minimum of two (2) feet unobstructed distance from the perimeter of the above ground Facility to the roadway curb face and to the closest edge of the public sidewalk.
(2) No above ground Facility shall create a safety hazard by being installed:
A. Within five (5) feet of any fire hydrant;
B. Within five (5) feet of any driveway;
C. Where there is no bus shelter at a bus stop, within forty (40) feet back of a sign identifying a particular bus company or bus route and marking a designated bus stop;
D. Where there is a bus shelter at a bus stop, within five (5) feet forward and forty (40) feet back of the end of the shelter identified as serving a particular bus company or bus route and marking a designated bus stop;
E. Within three (3) feet of any traffic sign;
F. Within three (3) feet of any public utility pole, provided that all or a portion of an above ground Facility may be placed on a public utility pole as part of an approved above ground Facility construction permit and in accordance with other applicable laws and regulations for the placement of Facilities on utility poles; and placement adjacent to a public utility pole shall be limited to one side of the pole;
G. Within an area designated for handicapped parking, a taxi stand or a commercial loading or unloading zone; or
H. Immediately in front of buildings, houses, structures, or public stairs such that it causes a violation of ADA guidelines for pedestrian passage between private property and the Public Rights- of-Way.
(c) Excess Capacity. To reduce excavation in the Public Right-of-Way, it is the City's goal to encourage Service Providers to share occupancy of underground conduit as well as to construct, whenever possible, excess conduit capacity for occupancy of future Facilities in the Public Right-of-Way. Therefore, if a Service Provider is constructing underground conduit in the Public Right-of-Way for its own Facilities, and such construction is in an area in which other Service Providers would likely construct Facilities in the future, the City may request the Service Provider to construct the conduit in the Public Right-of-Way with excess capacity in the Public Right-of-Way, subject to existing contracts and/or legal requirements concerning existing third party Service Providers.
(d) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Facilities in the Public Right-of-Way whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary, or warranted as follows:
(1) The construction, repair, maintenance or installation of any City or other public improvement in or upon the Public Right-of-Way.
(2) The operations of the City or other governmental entity in or upon the Public Right-of-Way.
(3) The Service Provider's approval to occupy or was revoked, abandoned, or the System or Facility was constructed without the prior approval of the City.
(4) With regard to the expense of such removal or relocation, the standard for reimbursement to the service provider for such expense shall be in accordance with state law and regulations of the Public Utilities Commission of Ohio.
(Ord. 49-2018. Passed 7-24-18.)