Persons desiring to apply for right-of-way permits shall obtain copies of the right-of-way application form from the City Utility Department.
(a) Applications for a general right-of-way permit by a holder of a service permit shall be filed in such form and in such manner as required by this chapter, any regulations the City may adopt, these Codified Ordinances or in the permittee's existing service permit. There shall be no application fee. Any person holding a valid service permit shall be granted a general right-of-way permit. Such general right-of-way permit shall be valid so long as the underlying service permit is valid and the applicable provisions of that service permit, the right-of-way permit and this chapter are complied with, provided, however, that such right-of-way permit shall only relate to and entitle the permittee to utilize the rights-of-way, in accordance with this chapter, for purposes directly relating to the provision of the specific services for which it has a service permit. Any other right-of-way use by such permittee shall require a separate or amended right-of-way permit issued pursuant to subsection (b) hereof.
(b) All other applications for general right-of-way permits, or amendments or renewals thereof, shall be filed in such form and in such manner as required by this chapter or any regulations the City may adopt, along with an application fee of one thousand dollars ($1,000). The Director shall determine if the application is in order and shall, within forty-five days of the receipt of a completed application, issue a written report regarding such application. The report shall recommend that the City Manager deny or grant the right-of-way permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Director's report shall be served upon the applicant by mail, along with a notice of when the City Manager will consider the same. The City Manager shall then consider such recommendation and make a final determination, in writing, within forty-five days of the Director's report, as to whether or not such right-of-way permit should be granted and, if so, upon what terms and conditions. The term of each such general right-of-way permit shall in no event exceed ten years from the date of issuance or such lesser term as the applicant requests.
(c) An application for a special right-of-way permit, or amendments or renewals thereof, shall be filed in such form and in such manner as required by this chapter, any regulations the City may adopt or these Codified Ordinances, along with an application fee of: (1) fifty dollars ($50.00) for a special right-of-way permit for residential purposes, or (2) five hundred dollars ($500.00) for a special right-of-way permit for non-residential purposes. If the Director determines that the application is in order and that the criteria set forth in Section 1446.05 have been met, and that the application should be granted, the Director shall, within forty-five days of receipt of a completed application, conditionally grant or renew such a right-of-way permit subject to any appropriate terms and conditions or deny the same. The Director's conditional grant, renewal or denial shall be served upon the applicant by mail. Such conditional denial, grant or renewal shall become final unless modified or rejected by the City Manager within thirty days of issuance by the Director, or unless appealed pursuant to subsection (g) hereof. The term of such special right-of-way permit shall be three years from issuance, or such lesser term as the applicant requests.
A special right-of-way permit for residential purposes may be granted for an indefinite term from issuance, but may be canceled by the City Manager with sixty days written notice. Should the City Manager find that an emergency exists, the City Manager may cancel said permit within a lesser time period.
(d) Following receipt of a right-of-way permit application, the Director shall review said application for conformance with the provisions of this chapter as outlined in subsections (f) and (h) hereof. If the application should be determined to be incomplete, the Director shall promptly notify the applicant of any and all information required. Further processing will be delayed until all such additional information has been received by the Director. Following the approval of the Director, the applicant shall be notified in writing of the approval of the City Manager by the City Manager forwarding an approved copy of the application to the applicant's designated single point of contact. The applicant must then conform to the provisions of the permit and the provisions of this chapter as outlined in subsections (f) and (h) hereof. Any such payment amounts must be received by the City in order to validate the permit.
(e) A permittee shall file an application to renew its permit not more than 180 days nor less than ninety days prior to the expiration of its current permit. The application shall be filed in a form required by the City and shall include the information required in the original application.
The Director shall determine if the application for permit renewal is in order and shall, within forty-five days of the receipt of a completed application, issue a written report regarding such application. The report shall recommend that the City Manager deny or grant the right-of-way permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Director's report shall be served upon the applicant by mail, along with a notice of when the City Manager will consider the same. The City Manager shall then consider such recommendation and make a final determination in writing, within thirty days of the Director's report, as to whether or not such right-of-way permit should be granted and, if so, upon what terms and conditions.
No permit shall be renewed until any present or ongoing violations or defaults in the permittee's performance of the existing permit, or of the requirements of this chapter, have been cured, or until a plan detailing corrective action to be taken by the permittee has been received, reviewed and approved by the City Manager.
(f) Right-of-way permit applications (initial, renewal or transfer) shall be filed with the City Utility Department and shall include the following information to be considered complete:
(1) Completed right-of-way application form to include the following thereon:
A. The name, address, telephone and fax number of the applicant;
B. The name, address, telephone and fax number of the designated single point of business contact;
C. The applicable Ohio Utilities Protection Service (OUPS) registration number;
D. A twenty-four hour emergency contact number(s) as further specified in Section 1446.06(a)(10) of this chapter;
E. Type of permit requested;
F. Length of permit requested;
G. Required attachments (see list below);
H. Certification by an officer of the permittee that all permit application information is complete and correct; and
I. Witness by a Notary Public.
(2) Exhibits (attachments) required by permit type (as described in paragraph (f)(3) hereof):
A. General right-of-way permits. Exhibits B (in place of Exhibits C, D, E, and H), F, G, I, J, K, L, M, and N (N only if requested by the City).
B. Special right-of-way permit for non-residential purposes. Exhibits B (in place of Exhibits C, D, E, and H), F, I, J, K, L, M, and N (N only if requested by the City).
C. Special right-of-way permit for residential purposes. Exhibits F, I, J and N (N only if requested by the City).
(3) Exhibit type explanations.
A. Exhibit B. A copy of any applicable valid certification from the Public Utilities Commission of Ohio (PUCO), labeled as Exhibit B, including certification pursuant to Ohio R.C. 4933.81 et seq. Applicants possessing such certification are presumed to possess the required financial, technical, and managerial resources and will provide this Exhibit B in lieu of Exhibits C, D, E and H.
B. Exhibit C. A detailed statement relating to the applicant's organizational structure, labeled Exhibit C, including, but not limited to, the following:
1. The names, titles and business addresses of all officers, and/or directors of the applicant; and
2. The names and addresses of any parent or subsidiary company of the applicant and any other group owning or controlling or owned and controlled by the applicant, and an explanation describing the nature of any such parent or subsidiary business entity.
C. Exhibit D. A detailed description, labeled Exhibit D, of the applicant's previous experience in providing related and/or similar services as those being proposed in the application;
D. Exhibit E. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, labeled Exhibit E, for the fiscal year next preceding the date of said application, or a letter or other acceptable written evidence from a recognized lending institution or funding source, addressed to both the applicant and the City, setting forth the basis for provision for whatever capital shall be required by the applicant to construct and operate the proposed system within the City, or a statement from a certified public accountant, certifying that theapplicant has available sufficient free, net and uncommitted cash reserves to construct, operate and maintain the proposed system and/or facility within the City;
E. Exhibit F. A statement, labeled Exhibit F, certifying that the applicant is not delinquent on any taxes or other obligations to the City or the County;
F. Exhibit G. A statement, labeled Exhibit G, certifying any service permits awarded to the applicant, its parent or subsidiary, from the City. A copy of any such service permit will also be attached herewith.
G. Exhibit H. A detailed description, labeled Exhibit H, of the operation plan for the facility being proposed;
H. Exhibit I. A detailed map, labeled Exhibit I, of facilities in or proposed to be in the right-of-way as detailed in the mapping requirements of this chapter (refer to Section 1446.06(c));
I. Exhibit J. A non-refundable application fee (initial, renewal or transfer) in the form of a check, money order or wire transfer made payable to Treasurer of the City, labeled Exhibit J, in the proper amount for the type of permit being requested;
J. Exhibit K. A copy, labeled Exhibit K, of any agreement as described in Section 1446.06(a)(8) of this chapter;
K. Exhibit L. All applicants for general right-of-way permits and special right-of-way permits for non-residential purposes shall provide a copy of an insurance certificate as required by Section 1446.11;
L. Exhibit M. Except for special right-of-way permits for residential purposes, all applicants for permits shall provide proper bonding, self-bonding, irrevocable letters of credit or certified checks as required by Section 1446.11(g) of this chapter;
M. Exhibit N. The City reserves the right to request any additional information necessary to ensure compliance with Section 1446.05 of this chapter.
(g) Any applicant may appeal to the Service Committee of City Council the failure of the City Manager to grant a right-of-way permit, or to grant it upon terms and conditions acceptable to the applicant. In order to perfect such an appeal, the applicant shall file an appeal with the Clerk of City Council, within ten days of the City Manager's determination or recommendation, or within sixty days of the filing of the application if the City Manager has taken no action. Failure of the City Manager to take action on request within the sixty-day time limit shall constitute a denial. The Service Committee of the City Council shall then review the matter, and after affording the applicant an opportunity to be heard, either in person or in writing, render a final determination within forty-five days of the filing of the appeal, unless such period is waived by the applicant. Except to the extent otherwise appealable by law, the Service Committee's decision shall be final.
(h) Any right-of-way permittee shall, within thirty days of the granting or renewal of any right-of-way permit hereunder, if and as applicable, pay a pro-rata portion of the fees required by Section 1446.07(b) or (c) and Section 1446.07(j) of this chapter, provided, however, that should the permittee appeal, and during the pendency thereof the permittee does not use or occupy any right-of-way, the permittee shall not be required to pay such pro-rata portion of said fees until such appeal has been finally determined.
(Ord. 99-64. Passed 9-7-99.)