(a) Applications for general right-of-way occupancy permits or amendments or renewals thereof shall be filed in such form and in such manner as these regulations require, along with an application fee of $250.00. The information provided to the city at the time of application shall include but not be limited to:
(1) Each applicant's name, legal status (i.e. partnership, corporation, etc.), street address and e-mail address, if applicable, and telephone and facsimile numbers;
(2) The name, address and e-mail address and telephone and facsimile numbers of a representative. The representative shall be available at all times. Current information regarding how to contact the representative in an emergency shall be provided at the time of application and shall be updated as necessary to assure accurate contact information is available to the city at all times;
(3) A certificate of insurance where required to be provided to meet the requirements of this chapter shall:
A. Verify that an insurance company licensed to do business in the State of Ohio has issued an insurance policy to the applicant;
B. Verify that the applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the applicant, its officers, agents, employees and contractors; and placement and use of facilities in the right-of-way by the applicant, its officers, agents, employees, and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of underground facilities and collapse of property;
C. Name the city, its elected officials, officers, employees, agents, and volunteers as an additional insured as to whom the comprehensive general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverage, as is required within this chapter;
D. Require that the city be notified 30 days in advance of cancellation of, or coverage changes in, the policy. The liability insurance policies required by this chapter shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be diminished in value, canceled nor the intention not to renew be stated, until thirty (30) days after receipt by the City, by registered mail, return receipt requested, of a written notice addressed to the Director of Public Service or her/his designee of such intent to cancel, diminish or not to renew."
Within 30 days after receipt by the city of said notice, and in no event later than five days prior to said cancellation, the permittee (or applicant) shall obtain and furnish to the Director of Public Service a certificate of insurance evidencing replacement insurance policies;
(4) Documentation that applicant or permittee maintains standard Workers' Compensation coverage as required by law. Similarly, permittee shall require any subcontractor to provide Workers' Compensation coverage in amounts required by law for all of the subcontractor's employees;
(5) If the person is a corporation, upon specific request of the city, a copy of the certificate of incorporation (or its legal equivalent) as recorded and certified to by the Secretary of State (or legal equivalent) in the state or country in which incorporated;
(6) A copy of the person's certificate of authority from the PUCO and/or the FCC and/or FERC, if the person is lawfully required to have or actually does possess such certificate from said commission(s);
(7) Upon request of the city, a narrative (or if applicable PUCO/FCC/FERC application information) describing applicant's proposed activities in the city including credible information detailing applicant's financial, managerial, and technical ability to fulfill applicant's obligations under this chapter and carry on applicant's proposed activities.
(b) The Director, or designee, shall determine if the application is in order and shall, within 30 days of the receipt of a completed application, issue a written report regarding such application. The report shall recommend that the City Council deny or grant the right-of-way occupancy 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 Council will consider the same. The City Council shall then consider such recommendation and make a final determination at its next regularly scheduled Council meeting, as to whether or not such right-of-way occupancy permit should be granted and, if so, upon what terms and conditions. City Council shall make a final determination within 60 days of receipt of the completed application by the Director. Should the city receive a number of requests for consent for small cell facilities or wireless support structures to the extent it is likely to result in difficulty processing, the city may toll the requests consistent with R.C. § 4939.036. The term of each such general right-of-way permit for wireless support structure attachments shall be for ten years from issuance, or such lesser term as the applicant requests. There is a presumption of renewal following the initial ten year term for successive five year terms, subject, however to any terms providing for early termination or nonrenewal for cause or by mutual agreement or to safeguard the public health, safety, and welfare.
(c) Any applicant may appeal the failure of the Director to recommend an application be granted upon terms and conditions acceptable to the applicant, to the Mayor. In order to perfect such appeal, the applicant shall file, within ten days of the Director's determination or recommendation, or within 30 days of the filing of the application if the Director has taken no action, an appeal to the Mayor. The Mayor shall then review the matter and after affording the applicant an opportunity to be heard either in person or in writing, render a final recommendation that shall be submitted to City Council within 15 days of the Director's receipt of the request for an appeal unless such period is waived by the applicant. City Council shall consider the appeal request at its next regularly scheduled meeting after receiving the Directors recommendation. Except to the extent otherwise appealable by law, the City Council's decision shall be final. If a request for consent is denied for an activity described in R.C. § 4939.031, the reasons for denial, required under this division, shall be provided to the applicant in writing, and shall set forth the reasons for denying the request for consent in a manner supported by substantial, competent evidence, and the denial of the request shall not unduly discriminate against the applicant.
(Ord. 14-2018, passed 9-4-2018)