(a) Location of Facilities. All facilities shall be constructed, reconstructed, installed and located in accordance with the following terms and conditions:
(1) Whenever possible according to acceptable engineering standards and consistent with Federal and State law regarding safety and other matters, facilities shall be installed within an existing compatible underground duct or conduit whenever excess capacity exists within such facility.
(2) A service provider other than a public utility operating under a tariff issued by the State of Ohio and regulated by PUCO with permission to install overhead facilities shall install its facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
(3) Whenever the existing electric, cable, telecommunications and other similar facilities are located underground in a public right-of-way, a service provider with permission to occupy the same public right-of-way with the electric, cable, telecommunications or other similar facilities, must also locate its facilities underground.
(4) Except for overhead facilities as provided herein other than a public utility operating under a tariff issued by the State of Ohio and regulated by PUCO which may require above ground facilities for operational reasons, no facilities shall be located above ground in a public right-of-way without the express written permission of the Mayor.
(5) The Village reserves the right to require a service provider to provide excess capacity in the public right-of-way at the time of construction, reconstruction, installation, location or relocation of facilities.
(b) Excess Capacity. To reduce excavation in the public right-of-way, it is the Village's goal to encourage service providers to share occupancy of underground conduit as well as to construct, whenever possible, excess conduit capacity for occupancy of future facilities in the public right-of-way. Therefore, if a service provider is constructing underground conduit in the public right-of-way for its own facilities, and the Village reasonably determines such construction is in an area in which other service providers would likely construct facilities in the future, the Village may require the service provider to construct the conduit in the public right-of-way with excess capacity in the public right-of-way, provided the service provider shall be reimbursed for the use of the excess capacity by another service provider. The service provider may charge a reasonable market lease rate for occupancy of the additional conduit space as reimbursement. This requirement shall not apply where no practical operational, engineering or safety standard would support the need for excess capacity.
(c) Village Owned Conduit. If the Village owns or leases conduit in the path of a service provider's proposed facilities, and provided it is technologically feasible for the service provider's facilities to occupy the conduit owned or leased by the Village, the service provider shall be required to occupy the conduit owned or leased by the Village in order to reduce the necessity to excavate the public right-of-way. The service provider shall pay to the Village a fee for such occupancy in accordance with and to the extent permitted by Ohio R.C. 4939.05. The Village and the service provider may agree to amortize the fee through annual payments to the Village.
(d) Relocation or Removal of Facilities. Within 120 days, or more for larger projects, following written notice from the Village, and receipt of final design plans and a construction schedule from the Village, and a signed contract agreement between the public utility and the Village if reimbursement is due from the Village, a service provider shall submit design plans and a proposed construction schedule to the Village to temporarily or permanently remove, relocate, change or alter the position of any facilities in the public right-of-way whenever the Village shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The construction, reconstruction, repair, maintenance or installation of any Village or other public improvement in or upon the public right-of-way;
(2) The operations of the Village or other governmental entity in or upon the public right-of-way; and/or
(3) With regard to the expense of such removal or relocation, the standard for reimbursement to the service provider for such expense shall be in accordance with State law and regulations of PUCO.
(e) Removal of Unauthorized Facilities. Within 30 days following written notice from the Village, any service provider or other person that owns, controls or maintains any unauthorized system, facility or related appurtenances in the public right-of-way shall, at its own expense, remove those facilities or appurtenances from the public right-of-way of the Village or shall arrange to sell the system, facilities or appurtenances to the Village. After the 30 days have expired, the Village may remove the facilities or appurtenances from the public right-of-way at the other party's expense. A system or facility is unauthorized and subject to removal in the following circumstances:
(1) Upon revocation of the service provider's consent to occupy or use the public right-of-way;
(2) If the system or facility was constructed, reconstructed, installed, operated, located or maintained without the consent to do so, except as otherwise provided by this chapter;
(3) Upon abandonment of a facility in the public right-of-way of the Village, with the exception of underground facilities abandoned in a manner authorized and in accordance with State or Federal Law or regulations;
(4) If the system or facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a public right-of-way was performed, without prior issuance of a required construction permit, except as otherwise provided by this chapter;
(5) If the system or facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a public right-of-way was performed, at a location not permitted pursuant to the Village's consent to occupy or use the public right-of-way or construction permit;
(6) If the service provider fails to comply with the registration requirements of Section 1066.03 of this chapter.
(Ord. 2007-8. Passed 4-3-07.)