(a) All public utilities or cable operators and telecommunications facilities operators shall be encouraged to operate within the public rights-of-way of the Village.
(b) This section is not establishing a franchise or user fee for such operation, but is establishing a permit for the original construction of said public utility facility and appurtenances, as well as cable service facility and appurtenances, and as well as any further telecommunications facility and appurtenances which are primary or ancillary to the operation of said telecommunications system within the Village.
(c) A permit for any original installation of infrastructure appurtenances within the right-of-way of the Village is required. The fee for said original installation shall be the sum of one hundred dollars ($100.00).
(d) Said fee shall be payable to the Administrator or Chief Zoning Officer of the Village of Whitehouse, Lucas County, Ohio. No installation or construction of said infrastructure shall commence until such time as the installation shall have been approved by permit and review. All local building, zoning and regulatory ordinances shall be complied with in the construction and placement of infrastructure after the issuance of said permit.
(e) Above ground infrastructure as placed in public rights-of-way shall be subject to review by officials of the Village of Whitehouse prior to issuance. All regulatory codes, local state and federal, shall be complied with in the placement of said infrastructure.
(f) Special care shall be taken by the telecommunications or utility entity receiving said installation or construction permits to maintain care in the aesthetics, landscaping, upkeep, maintenance and restoration of the road right-of-way after receipt of the permit and during installation of infrastructure pursuant to the permit.
(g) The Administrator or Chief Zoning Official may deny the initial installation permit in such cases where, upon research, review and conduct of due diligence it is determined that the public right-of-way will not accommodate the infrastructure as planned, requested and/or proposed by the person or entity requesting said permit for placement of said infrastructure within the public right-of-way.
(h) Placement of lineal infrastructure in the form of cables, wires, conduits, and similar matters is highly encouraged to be placed underground in the public right-of-way.
(i) Initial installation permit fees may be waived by the Village of Whitehouse for governmental entities or charitable organizations and for public utilities or private operators of telecommunications facilities when, after review, it is the determination of the Village Administrator or Chief Zoning Official that a hardship would exist in payment of the permit fee.
(j) This section shall not be construed as a user fee for placement of infrastructure in the public rights-of-way of the Village of Whitehouse, nor shall this section be construed as being in exercise of any municipal power granted under Ohio R.C. 4939.
(Ord. 7-2008. Passed 4-1-08.)