No person shall commence or continue with the construction, installation, maintenance, demolition or operation of facilities or other infrastructure improvements within the right-of-way in the city except as provided by the ordinances of the city. All construction activity in the city right-of-way shall be in accordance with this chapter.
   (A)   Public right-of-way permits.
      (1)   No person or entity shall perform any construction, demolition, maintenance or installation of facilities, whether above-ground or underground, in the right-of-way without first obtaining a public right-of-way permit, except as provided herein. The permit shall be in the name of the person or entity who owns or will own the facilities to be constructed, maintained, repaired, or upgraded. The permit must be completed and signed by a representative of the owner of the facilities to be constructed.
      (2)   Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however the city shall be notified in writing, on a form approved by the City Manager, within 24 hours of any construction related to an emergency response, including a reasonably detailed description of the work performed in the right-of-way and updated plans of any facilities that were moved or repaired.
      (3)   The phrase "construction, maintenance or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking or cutting of pavement; the closure of a nonresidential traffic lane; or excavation within the right-of-way or boring.
      (4)   This chapter shall also apply to all requests to replace or otherwise alter any sidewalk, curb or driveway apron located within the city right-of-way.
   (B)   The permit shall state the following:
      (1)   To whom it is issued.
      (2)   The location and right-of-way affected.
      (3)   A description of any facilities to be installed, constructed, or maintained.
      (4)   Whether or not any street will be opened or otherwise need to be restricted, blocked, or closed.
      (5)   An estimate of the amount of time needed to complete such work.
      (6)   A description and timetable of any remedial measures planned to close any street opening or repair any damage done to facilitate such work.
      (7)   A statement verifying that other affected or potentially affected permittees and franchisees have been notified.
      (8)   A statement that any consumers of any utility, cable television, communications, or other service that will be adversely affected by such work have been or will be notified in conformance with applicable rules and regulations of the Ohio Public Utilities Commission.
   (C)   The contents of the application requesting a public right-of-way permit shall include the following:
      (1)   The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work.
      (2)   The proposed, approximate location and route of all facilities to be constructed or installed and the applicant's plan for right-of-way construction.
      (3)   The construction and installation methods and materials to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the city.
      (4)   Three sets of engineering plans at a scale not to exceed one inch equals 100 feet unless otherwise approved by the city.
      (5)   Details of the location of all right-of-way and utility easements that the applicant plans to use.
      (6)   Details of all existing city utilities in relationship to applicant's proposed route.
      (7)   Details of what applicant proposes to install, such as pipe size, number of interducts, valves, etc.
      (8)   Details of plans to remove and replace asphalt or concrete in streets, driveways, alleys and sidewalks.
      (9)   Drawings of any bores, trenches, hand holes, manholes, switch gear, transformers, pedestals, etc. including depth.
      (10)   Complete legend of drawings submitted by applicant. Applicant may submit a standard legend for all permit applications, provided the applicant submits updated or revised versions of the standard details.
      (11)   Proof satisfying the insurance and indemnification requirements as provided for in this chapter.
      (12)   A traffic control plan.
   (D)   All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city shall be provided access to the work and such further information as is reasonably required to ensure compliance with the permit.
   (E)   A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city at all times when construction or installation work is occurring.
   (F)   All construction or installation work authorized by the permit must be completed in the time specified in the public right-of-way permit. If the work cannot be completed in the specified time periods, the applicant may request an extension from the city.
   (G)   A copy of any permit or approval issued by federal or state authorities for work in state rights-of-way located in the city shall be maintained at the construction site and made available for inspection by the city at all times when construction or installation work is occurring.
   (H)   A request for a permit, complete with all information required under this section, must be submitted at least five working days before the commencement of work proposed in the request, unless waived by the city.
   (I)   The city may require a pre-construction meeting with the right-of-way applicant and the applicant's construction contractor.
   (J)   Requests for permits will be approved or disapproved by the city promptly after receiving a completed application and any requests for additional information.
   (K)   Permits are not transferable to another applicant or another location.
   (L)   Applicants for micro wireless facility permits or small cell facility permits, or renewals thereof, shall file an application therefor, in such form as the Village Manager may require, along with an application fee. The Village Manager shall determine if the application is in order in accordance with established administrative policy and shall make a final determination within 90 days after the date the permit is applied for as to whether or not such permit should be granted and, if so, upon what terms and conditions. The Village Manager is authorized to promulgate regulations as allowed per R.C. § 4939.0314 including, but not limited to: design, height, spacing, location, and co-location.
      (1)   The Village Manager shall promulgate detailed design guidelines with objective, technically feasible criteria applied in a nondiscriminatory manner that reasonably match the aesthetics and character of the immediate area.
      (2)   The Village Manager shall have authority to update or supplement the design guidelines to address relevant changes in law, technology, or administrative processes.
(Ord. 10-3322, passed 6-17-10; Am. Ord. 17-3566, passed 8-24-17; Am. Ord. 18-3592, passed 7-26-18)  Penalty, see § 53.99