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(A) Location of facilities.
(1) The placement of new facilities and replacement of old facilities, either above ground or underground, shall be completed in conformity with applicable laws, including, but not limited to, the Municipal Code of Ordinances, and other applicable village regulations.
(2) The manager shall have the right to dictate the location, including both horizontal and vertical placement, of a new or relocated facility that is placed within the right-of-way.
(3) The manager shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way if the right-of-way is full. In making such decisions, the manager shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public health, safety and welfare, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities, the protection of existing facilities in the right-of-way, future city, county, and state plans for public improvements, development projects which have been determined to be in the public interest, and nondiscriminatory and competitively neutral treatment among providers.
(4) Any new or relocated facility that is located in a designed underground district shall be located underground.
(B) Least disruptive technology. All construction or maintenance of facilities shall be accomplished in the manner resulting in the least amount of damage and disruption of the right-of-way. Specifically, every permittee when performing underground construction, if required by the manager shall utilize trenchless technology, including but not limited to, horizontal drilling, directional boring, and microtunneling. When the above methods are used the permittee shall perform potholing to locate existing utilities prior to starting work. In addition, the manager or the manager's designee may require all cable, wire or fiber optic cable installed in the subsurface right-of-way pursuant to this chapter to be installed in conduit, and if so requited, no cable, wire or fiber optic cable maybe installed pursuant to this chapter using "direct bury" techniques.
(C) Relocation of facilities.
(1) Upon notice from the manager, a provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facilities in the right-of-way whenever the manager shall have determined that such removal, relocation, change or alteration is reasonably necessary for any one of the following reasons:
(a) The need to construct, repair, maintain, improve or use the right-of-way or public property, or
(b) The construction, reconstruction, repair, maintenance or installation of any public improvement in or on the right-of-way, or
(c) The public health, safety and welfare requires it.
(2) If a provider disputes a manager determination of provider responsibility for relocation costs under division (C) of this section, provider shall nonetheless coordinate and perform the relocation work in accordance with division (C)(3) of this section pending resolution of the cost dispute in the appropriate legal forum.
(3) Notwithstanding the foregoing, a provider who has facilities in the right-of-way subject to a vacation or narrowing that is not required for the purposes of the municipality, shall have a permanent easement in such vacated portion or excess portion in conformity with R.C. § 723.04.1.
(Ord. 17-3566, passed 8-24-17)