(a) Unless the Applicant has obtained the consent of City Council by ordinance to occupy or use the public right-of-way and the permit application is consistent with the rights granted in such consent:
(1) The City Engineer shall not grant a Permit to Install to any person or entity that is not a Public Utility or a Cable Operator as defined in this Chapter.
(2) The City Engineer shall not grant a Permit to Install to any person or entity when installation of the identified Facilities or Equipment in the public right-of-way is not technically necessary to provide the services proposed.
(3) The City Engineer shall not grant a Permit to Install to any person or entity that does not provide or intend to provide Public Utility Services as defined in this Chapter, or cable services as defined in Ohio R.C. 4939.01(A).
(b) The City Engineer may deny a permit to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Engineer, in her or his discretion, may consider one or more of the following factors:
(1) The extent to which right-of-way space where the permit is sought is available.
(2) The competing demands for the particular space in the right-of-way.
(3) The availability of other locations in the right-of-way, on private property, or in other rights- of-way for the equipment of the particular company.
(4) The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way including, but not limited to any underground utility district established by ordinance.
(5) The degree of compliance of the applicant with the terms and conditions of its franchise, this chapter, and other applicable ordinances and regulations.
(6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way, including potential damage to viewsheds or other aesthetic concerns of adjacent property owners.
(7) The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction.
(8) The balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way.
(9) Any established City policy to consolidate facilities where possible, including any Applicant's prior failure to comply with pole consolidation policies of the City.
(c) The City Engineer shall not deny a permit to a public utility as defined in this Chapter, or to a cable operator that possesses a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984" (98 Stat. 2779, 47 U.S.C.A. 541), based on a failure to possess the financial, technical, or managerial resources necessary to protect the public health, safety, and welfare. However, a Permit to Install requested by these entities may be denied for the reasons set forth in subsections (a)(2) or (a)(3) of this Section.
(d) If a permit is denied, the City Engineer shall provide to the applicant in writing his or her reasons for denying the permit and such information as the applicant may reasonably request to obtain a permit.
(Ord. 2016-89. Passed 8-8-16.)