(a) Upon grant of the Permit and in order to construct, operate and maintain a telecommunications system or utility in the Village, the Permittee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground facilities located within or without the Village; obtain right of way permits from appropriate Village, State, County, and Federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction, obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a Village, County, State or Federal agency may require.
(b) In those areas of the Village where telephone and electric services are provided by underground facilities, all new facilities of a Permittee shall be placed underground. In all other areas, the Permittee, upon request by the Village, shall use its Best Efforts to place facilities underground. However, "Facilities" as used in the preceding sentence shall not include equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g. splice and terminal pedestals, equipment cabinets and transformers.) Where not otherwise required to be placed underground by this Chapter, the Permittee's placement of such system shall be consistent with the Permittee's construction and operating standards and provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable to be installed under the roadway shall be installed in conduit. In no circumstance shall a new pole be located in any area of the Village where it is not replacing an existing pole without written approval of Village Administrator, which approval shall not be unreasonably withheld.
(c) Permittee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, and FCC technical standards, and those standards are incorporated by reference herein.
(d) Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the State, and all local ordinances. The Contractor's or Permittee's system and associated equipment erected by the Permittee within the Village shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the Permittee shall be placed in such a manner as to interfere with normal travel on such public way.
(e) The Village does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In Rights of Way, where necessary, the location shall be verified by excavation.
(f) Construction, installation, operation, and maintenance of the utility or telecommunications system shall be performed in an orderly and workmanlike manner. When consistent with the safety codes and standards set forth in this Chapter, all cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configuration shall be arranged in parallel and bundled with due respect for engineering considerations.
(g) The Permittee shall at all times comply with applicable National Electrical Safety Code (National Bureau of Standards); applicable National Electrical Code (National Bureau of Fire Underwriters); applicable FCC or other Federal, State and local regulations; and standards as set forth in the Permit.
(h) In any event, the system shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Permittee may have equipment located.
(i) All worker facilities, conditions, and procedures that are used during construction, installation, operation, and maintenance of the utility or telecommunications system shall comply with the applicable standards of the Federal Occupational Safety and Health Administration.
(j) Unless otherwise expressly exempted by this Chapter, everyone shall obtain a Right of Way Work Permit from the Village Administrator prior to beginning the erection, installation or maintenance, including tree trimming, of any lines or equipment in any right-of-way within the Village. Unless otherwise expressly exempted by this Chapter, no work in the Rights of Way shall be commenced until such time as all required permits, including a Right of Way Work Permit, have been issued by the Village.
(Ord. 13-2011. Passed 6-27-11.)
(1) A. Each ROW Work Permit shall be confined to a single project, shall be issued by the Village Administrator, and shall be valid only for such dates as authorized by the Village Administrator. The Application, at a minimum, shall set forth the information set forth in sub-section (k) below and be made on a form prescribed by the Administrator. The Application shall be accompanied by an application fee of two hundred fifty dollars ($250.00), payable with check or money order.
B. If the Village determines, at its sole discretion, it must perform any additional inspections, after the initial project review and inspection, the Village shall charge the permit applicant one hundred twenty-five dollars ($125.00) per inspection. Any additional inspection fees must be either paid prior to the inspection being performed or can be deducted from the deposit described below.
C. The Village Administrator will require a deposit, in the form of a certified check, personal check, or performance bond, sufficient to cover the entire cost of restoration. The Village Administrator, at his sole discretion, shall determine the project's classification (Minor, Mid-Range, or Major), the amount of the deposit, and the payment method. For Minor Projects, which involve an insignificant amount of work within, or disturbance of, the right-of-way, the deposit shall not exceed five hundred dollars ($500.00). For Mid-Range Projects, which involve an ordinary amount of work within, or disturbance of, the right-of-way, the deposit shall not exceed one thousand two hundred fifty dollars ($1,250.00). For Major Projects, which involve an substantial amount of work within, or disturbance of, the right-of-way, the deposit shall be at least two thousand five hundred dollars ($2,500.00). The Village Administrator should consult with the Village Engineer when reviewing the project, assessing the reasonably anticipated impact on the ROW, and determining the deposit amount.
D. The deposit shall be returned only if the Village Administrator believes that prompt and satisfactory refilling of excavations and restorations of all surfaces disturbed has occurred. Upon failure or refusal of the permittee to satisfactorily fill the excavation, restore the surface and remove all excess materials within the time specified in the permit, the Village Administrator shall proceed without notice to make such fill and restoration and remove excess material, and he deposit shall be deemed forfeited. Thereupon, such deposit shall be paid into the Village of Shawnee Hills Street Construction, Repair, and Maintenance Fund, except such part paid to the permittee as the difference between the deposit, any additional inspections fees, and the charges of the Village for restoration services performed by it or performed under the Village's direction. If the amount of such services performed by the Village, or its designee, should exceed the amount of such deposit, the Village of Shawnee Hills shall proceed, without notice, to collect the remainder due from the permittee.
E. The Village Administrator shall establish the effective dates for the ROW Work Permit based upon the nature of work to be performed. In the event the work authorized by the ROW Work Permit is not complete prior to the expiration of the ROW Work Permit, the Applicant shall reapply for another ROW Work Permit and pay an additional application fee.
(Ord. 29-2017. Passed 1-8-18.)
(2) Prior Village approval shall not be required for Emergency repairs, or routine maintenance repairs or operations which do not require excavation in the Right of Way, blockage of any street or alley, or material disruption to any landscaping or structures and/or irrigation systems. The Permittee and/or its subcontractors shall leave Rights of Way where such work is done in as good condition or repair as they were before such work was commenced and to the reasonable satisfaction of the Village.
(3) Upon failure or refusal of the ROW Work Permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the Village may proceed, without notice, to make such fill and restoration and the deposit referred to herein shall be deemed forfeited. Thereupon, the deposit shall be paid into the street repair fund of the Village, except such part demanded and paid to the Permittee as the difference between the deposit and the charges of the Village for restoration services performed by it. If the amount of such services performed by the Village exceeds the amount of the deposit, the Fiscal Officer, Village Administrator, or his/her designee may take an action, in law or equity, to collect the remainder due from the Permittee.
(4) Such Right of Way Work Permit shall be issued in writing and is subject to conditions that may be attached by the Village Administrator including, but not limited to, requirements concerning traffic control, safety, scheduling, notification of adjoining property owners, and restoration with seed, sod or specific plant materials as directed by the Village. The Permittee and/or its subcontractors shall endeavor to complete, in a timely manner, repairs to the Right of Way. All workmanship and materials used by the Permittee and/or its subcontractors to perform work within the Right of Way and to complete restoration, including repair the streets and roadways shall be subject to the inspection and approval of Village Administrator or their authorized agent and shall be warranted for a period of one (1) year from the date of completion for any failure due to workmanship or quality of materials.
(k) All Applicants for Right of Way Work Permits shall file a written notice with the Village, except in the case of emergency as determined by Council. The applicant shall file such written notice prior to working in or on the Right of Way so as to provide the Village with a reasonable and sufficient amount of time to review such Right of Way Work Permit Application. In addition to such other information this Chapter shall require, this notice shall contain or indicate to the extent applicable:
(1) The Right of Way affected;
(2) A description of any facilities to be installed, constructed or maintained;
(3) Whether or not any street will be opened or otherwise need to be restricted, blocked or closed;
(4) An estimate of the amount of time needed to complete such work;
(5) A description and timetable of any remedial measures planned to close any street opening or repair any damage done to facilitate such work;
(6) A statement verifying that other affected or potentially affected Permittees and Franchisees have been notified; and
(7) A statement that any consumers of any utility, cable television, communications or other service which will be adversely affected by such work have been or will be notified in conformance with applicable rules and regulations of the Public Utilities Commission of Ohio.
An Applicant for a Right of Way Work Permit shall not begin working in or on the Right of Way until 48 hours after the issuance of a Right of Way Work Permit.
(l) Permittee shall furnish Village "as built" drawings not later than one hundred twenty (120) days after construction has been completed. Drawings shall show ownership of conduits, ducts, poles and cables used for the telecommunications or utility system. Drawings shall be drawn to a scale of no smaller than one inch (1") equals one hundred feet (100') using the standard format adopted by the Village. Permittee shall provide one (1) set of blue or black line "as built" drawings to the Village. State plane coordinates shall be shown for benchmarks, curb lines, and structures. Drawings shall show horizontal dimensions from the curb line and elevations.
(m) Permittees and Franchisees may, under emergency or other exigent circumstances, work in the Right of Way so long as the Permittee or Franchisee uses Best Efforts to provide the Village the notice required by this subsection at the earliest possible time.
(Ord. 13-2011. Passed 6-27-11.)