(a) Construction and major maintenance plan. Each permittee shall, at the time of initial application and by January 1st of each following year, file a construction and major maintenance plan with the Director. Such construction and major maintenance plan shall be provided for all geographical areas requested by the Director, up to and including the entire geographical area of the city. It shall be submitted using a format(s) mutually agreeable to the permittee and the city and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of construction in the right- of-way. The construction and major maintenance plan shall include, but not be limited to all currently scheduled and/or anticipated construction projects for the next calendar year, and if none are scheduled or anticipated then the plan shall so state. The permittee shall use its best efforts in supplying this information and shall update the construction and major maintenance plan on file with the Director whenever there is a material change in scheduled and/or anticipated construction projects. In an effort to assist permittees with the completion of their annual construction and major maintenance plan, the Director, on or before October 1st of each year, will send each permittee's representative a descriptive narrative (and any mapping information reasonably available) for all the planned right-of-way improvements and/or scheduled maintenance that the city then currently intends to undertake during the next calendar year. The city may, in its sole discretion, update and/or modify the descriptive narrative and mapping information provided.
(b) Mapping data. With the filing of its application for a right-of-way occupancy permit, a permittee shall be required to accurately inform the city of the number of miles (rounded up to the nearest mile) of right-of-way the permittee then currently occupies and begin submitting to the city all information that currently exists and which can be provided regarding the location of its facilities in the right-of-way in hard copy or in the most advanced format (including, but not limited to, electronic and/or digital format) then currently being used by the permittee that the city is capable of reading or readily converting to a readable form. Unless otherwise required by § 1054.10(b), a permittee shall have up to one year from the date of the permittee's initial filing of an application for a right-of-way occupancy permit to completely submit all the mapping data in the entire geographical area of the city which it owns or over which it has control that are located in any right-of- way of the city. The mapping data is only required to be at the "Atlas" level of detail necessary for the city to reasonably determine the location of the permittee's facilities in the right-of-way. Any time after the issuance of a right-of-way occupancy permit, and upon the reasonable request of the Director of Public Service, a permittee shall be required to provide to the city any additional location information for any facilities which it owns or over which it has control that are located in any right-of-way of the city required by the city. Any and all actual direct, incidental, and indirect costs incurred by the city during the process of reviewing, inputting, and/or converting a permittee's mapping information to comport with the city's then current standard format (whether electronic or otherwise) shall be directly billed to and must be timely remitted by the permittee. Failure to pay such mapping costs within 60 days of receipt of an invoice shall subject an applicant or permittee to revocation of its right-of-way occupancy permit and the penalties of § 1054.99. Further, each permittee that has been issued a right-of-way occupancy permit shall accurately inform the city on or before each subsequent January 1st of the number of miles (rounded up to the nearest mile) of right-of- way the permittee's then occupied as of the immediately previous December 1st. The Director may, in the future, adopt additional specifications and further define or modify the mapping data requirements under this section for reasons including, but not limited to, changes in technology or the law regarding public disclosure of a permittee's mapping information. When the city modifies and/or amends the mapping data requirements, the city shall use best efforts to avoid unreasonably increasing the burden to the permittees that may be associated with satisfying the amended mapping requirements. When the mapping requirements of division (b) of this section are amended, each permittee shall be served with a copy of the new specifications or modifications by regular U.S. Mail to the representative identified in each right-of-way occupancy permit; provided, however, that any failure of any permittee to actually receive such notice shall not in any way affect the validity or enforceability of said specifications or modifications.
(c) Exemption from disclosure. In the event that the city receives a request from a third party for the disclosure of information a provider has clearly marked as confidential/proprietary information, the city shall respond in accordance with R.C. Chapter 149. However, the city will endeavor to notify the permittee of any such request prior to making the subject document(s) available for inspection or copying, at which point it will be the permittee's sole and exclusive responsibility to take whatever steps it deems necessary to protect such documents from disclosure.
(Ord. 14-2018, passed 9-4-2018)