(a) In deciding whether to issue a Certificate of Registration, the City Manager shall consider: whether the issuing of the Certificate of Registration will contribute to the health, safety, and welfare of the City and its citizens; whether issuing of the Certificate of Registration will be consistent with this chapter; the impacts of the proposed location of applicant's elements on aesthetic and architectural compatibility with the surrounding environment; whether aesthetic and good planning principles have been given due consideration, and that adverse impact on the environment has been minimized in addition to minimizing the adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location, which shall mean using the least visually and physically intrusive elements (including associated screening or vegetation) that is not technologically or commercially impracticable under the facts and circumstances; whether the applicant has submitted a complete application and has secured all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the applicant; whether the applicant is delinquent on any taxes or other obligations owed to the City, Montgomery County, Ohio, or the State of Ohio; whether the applicant has the requisite financial, managerial, and technical ability to fulfill all the obligations under this chapter and the issuance of a Certificate of Registration; and any other applicable law.
(b) To protect the public health, safety, and welfare in recognition of the limitation of space in the public right-of-way, the City Manager shall have the power to prohibit or limit the placement of new facilities or additional elements of an existing utility system within a public right-of-way if there is insufficient space to accommodate all of the requests of persons to occupy and use the public right-of-way. In making such decisions, the City Manager shall strive to the extent possible to accommodate all existing and potential users of the public right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the public right-of-way, the time of year with respect to essential utilities, the protection of existing elements of utility systems in the public right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest.
(Ord. 00-07. Passed 8-21-00; Ord. 08-12. Passed 5-12-08.)