(a) Public Right-of-Way Route. A completed initial and annual registration of a service provider to occupy or use the public right-of-way under Sections 910.02
and 910.03
shall apply to only the types of facilities and locations along the public right-of-way that were identified by the service provider in the registration form.
(b) Non-Exclusive Right to Occupy the Public Right-of-Way. Registration of a Service Provider granted under Sections 910.02
and 910.03
shall not confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the Village to operate a system for delivery of services or any other purposes.
(d) Maintenance of Facilities. Each service provider shall maintain its system and facilities in good and safe condition and in a manner that complies with all applicable federal, State and local requirements.
(e) Safety Procedures. A service provider or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as necessary and under applicable State and local requirements for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of the work in or affecting such public right-of-way or property.
(f) Interference with the Public Rights-of-Way. No service provider may locate or maintain its facilities so as to unreasonably interfere with the use of the public right-of-way by the Village, the general public or by other persons authorized to use or be present in or on the public right-of-way. To the extent permitted by law, all facilities shall be moved by the service provider, temporarily or permanently, as determined by the Administrator and Engineer.
(g) Damage to Public and Private Property. No service provider or any person acting on the service provider's behalf shall take any action or permit any action to be done which may impair or damage any Village property, public right-of-way, other ways or other public or private property located in, on or adjacent thereto.
(h) Restoration of Public Right-of-Way, Other Ways and City Property. When a service provider, or any person acting on its behalf, does any work in or affecting any public right-of-way, other ways or Village property, it shall, after the work is completed and at its own expense, promptly remove any obstructions and restore such ways or property, within ten (10) to sixty (60) days, at the Administrators discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the Village. If weather or other conditions do not permit the complete restoration required by this paragraph, the service provider shall temporarily restore the affected ways or property as directed by the Administrator, to the extent practical or feasible. Such temporary restoration shall be at the service provider's sole expense and the service provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent permanent restoration.
(i) Duty to Provide Information.
(1) Within ten (10) days of a written request from the Administrator each service provider shall furnish the Village with documentation sufficient to show that the service provider has complied with all requirements of this chapter.
(2) Within ten (10) days of a written request from the Administrator, each service provider shall make available for inspection by the Village at reasonable times all books, records, maps and other documents, maintained by the service provider with respect to its facilities in the public right-of-way.
(3) A service provider operating under a tariff issued by the PUCO shall cooperate with the Village upon request of the Administrator for assistance with the "design ticket" process of the Ohio Utility Protection Service.
(j) Assignments or Transfers. Registration to occupy or use the public right-of-way may be, directly or indirectly, transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the service provider, by operation of law or otherwise, without consent of the Village, so long as:
(1) The Village is notified of the proposed transfer on or before the date of transfer or upon approval of any jurisdictional agency, including the PUCO; and
(2) The transferee shall fully comply with this chapter within sixty (60) days of the transfer, including, but not limited to, providing:
B. Any other information reasonably required by the Administrator.
(k) Transactions Affecting Assignments or Transfers. Any transactions that singularly or collectively result in a change of twenty-five percent (25%) or more of the ownership or ultimate working control of a service provider, of the ownership or working control of the service provider's facility, or of control of the capacity or bandwidth of the service provider's system, facilities or substantial parts of the facility shall be considered an assignment or transfer under subsection (j) hereof. Transactions between affiliated entities are not exempt from subsection (j) hereof.
(l) Revocation of Registration. To the extent permitted by law, a service provider's registration to occupy or use the public right-of-way of the Village may be revoked for any one (1) of the following reasons;
(1) Construction, reconstruction, installation, location, operation or excavation at an unauthorized location;
(2) Construction, reconstruction, installation, location, operation or excavation in violation of Village safety and/or construction requirements;
(3) Material misrepresentation or lack of candor by or on behalf of a service provider in any permit application or registration required by the Village;
(4) Failure to relocate or remove facilities, or failure to restore the public right-of-way as required by this chapter;
(5) Failure to pay fees, costs, taxes or compensation when and as due the Village;
(6) Insolvency or bankruptcy of the service provider;
(7) Violation of material provisions of this chapter.
(m) Notice and Duty to Cure. In the event that the Administrator believes that grounds exist for revocation of a service provider's registration to occupy or use the public right-of-way, the Administrator shall give the service provider written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the service provider a reasonable period of time not exceeding thirty (30) days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation.
(4) It is within the Administrator's reasonable discretion to waive a portion or portions of this chapter where the requirements, in the Administrator's judgment, are not necessary or appropriate to protect the Village's interests and the purposes and intent of this chapter.
(n) Record Drawings. Within sixty (60) days after completion of Construction, registered service providers shall furnish the Village with the following information for facilities constructed for the service provider in detail acceptable to the Administrator based on consultation with the service provider;
(1) The location, size, depth, grade, and route of any Underground Facilities, including proximity to other existing Facilities within the area excavated for the Construction;
(2) The location, height and route of any Overhead Facilities, including pole attachments;
(3) The location and position of any Above Ground Facilities and evidence of an AGF Installation Permit issued under Section 910.06
for the facilities. Information supplied under this section shall be submitted in an electronic format which is available to the service provider and acceptable to the Administrator.
(o) Field Identification. Commencing on January 1, 2017, service providers shall field identify in a readily available location by means of a mark or tag in a manner, form and at such time as is acceptable to the Administrator in accordance with national and state standards and regulations, all new or replacement Facilities constructed or installed at the surface of the public right-of-way and, in conjunction with public right-of-way improvements constructed by the Village, all existing facilities owned by a service provider and located on the surface of the portion of the public right-of-way to be improved by the Village.
(p) Restoration of Improvements. On completion of any construction work, registered service providers shall promptly repair any and all public right-of-way and provide property improvements, fixtures, structures and facilities which were damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
(q) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, reconstruction, installation, maintenance, repair, replacement, or removal of facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work as determined by the Administrator, except to the extent that tree trimming is necessary to prevent the interference of tree branches with overhead facilities. If, in the opinion of the Administrator, any trees cannot be replaced or restored in the same location, an equal number of trees shall be planted in a location or locations determined by the Administrator.
(2) All restoration work within the public right-of-way shall be done under landscape plans approved by the Administrator.
(r) Responsibility of Owner. The owner of the facilities to be constructed, reconstructed, installed, located, operated, maintained or repaired and, if different, the service provider, is responsible for performance of and compliance with all provisions of this section.
(Ord. 2545. Passed 9-26-16.)