(a) Any person that seeks to occupy or use the public right of way for the installation, operation or maintenance of facilities shall apply for and obtain a right of way permit from the Director of Public Utilities. Any person that maintains facilities in more than one (1) mile of the City's right of way shall apply for a right of way permit within sixty (60) days of the passage of this ordinance.
(b) The application for a right of way permit shall include the following information, as applicable:
(1) the identity, address and legal status of the permit applicant along with the name, address, telephone number, facsimile number and email address of a person who is authorized to represent the applicant in the permitting process;
(2) a detailed description of the facilities to be installed;
(3) preliminary engineering plans, specifications, drawings and maps of the facilities to be located within the right of way, all in sufficient detail to identify the proposed locations and routes for all of applicant's underground and overhead facilities.
(4) existing users of the public right of way shall supply drawings or maps of the facilities currently in the public right of way that are readily available and that can be supplied without great expense.
(c) The application for a general right of way permit shall be filed in the form prescribed by the Director of Public Utilities and shall be accompanied by an application fee of one hundred dollars ($100.00). The Director shall determine, within sixty (60) days of the receipt of a complete application, whether to grant, renew or deny the permit. The Director may issue a permit subject to any appropriate terms and conditions in accordance with the criteria set forth in this chapter. Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission, the Director, for good cause shown, may withhold, deny, or delay its consent to the issuance of a permit to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare. The Director's determination shall be served upon the applicant by mail and, if the request for a permit is denied, the Director shall provide to the person the reasons for denying the request and such information as the person may reasonably request to obtain consent.
(d) The application for a special right of way permit shall be filed in the form prescribed by the Director of Public Utilities and shall be accompanied by an application fee of fifty dollars ($50.00). The Director shall determine, within sixty (60) days of the receipt of a complete application, whether to grant, renew or deny the permit. The Director may issue a permit subject to any appropriate terms and conditions in accordance with the criteria set forth in this chapter. The Director's determination shall be served upon the applicant by mail.
(e) An applicant may appeal the failure of the Director to either grant a right of way permit or consent to the transfer of a right of way permit, or appeal the terms and conditions contained in the permit granted by the Director. A written notice of appeal shall be filed with the Director of Law within thirty (30) days of the Director's issuance of a permit or the Director's failure to issue or consent to the transfer of a permit within the specified time period. A three member Board of Appeals consisting of the Directors of Finance, Public Service and Law or their designees, chaired by the Director of Law, shall afford the applicant with an opportunity to be heard either in person or in writing. The Board shall issue a final determination within thirty (30) days of the hearing or submission of written arguments unless the applicant waives the time period. The determination of the Board of Appeals shall be a final determination by the City subject to appeals to the courts as provided by state statute.
(f) The City agrees that no documents or information furnished to the City by the applicant in accordance with this section shall be made available to the public without the applicant's consent but only if such documents or information are conspicuously marked as "confidential" and are exempt from disclosure under the provisions of the Ohio Public Records Act, Ohio Revised Code 149.43 (including trade secrets), as such statute may be amended from time to time. One such category of documents or information exempt from disclosure under Ohio Revised Code section 149.43 shall be trade secrets under the provisions of Ohio Revised Code Chapter 1333 and similar statutes as the same may be amended from time to time. No documents marked confidential shall be made available to the public without five (5) business days prior written notice to the applicant. In addition, no information provided under this section shall be made available to any employee of a municipal utility providing the same service as and competing for customers with the applicant.
(Ord. 375-02. Passed 10-8-02.)