Persons desiring to apply for Right-of-Way permits shall obtain copies of the Right-of- Way Application Form from the City Public Service Department.
(a) Applications for a General Right-of-Way Permit by a holder of a Service Permit shall be filed in such form and in such manner as required by this chapter, any Regulations the City may adopt, the Codified Ordinances of the City or in the Permittee's existing Service Permit. There shall be no application fee. Any Person holding a valid Service Permit shall be granted a General Right-of-Way Permit. Such General Right-of-Way Permit shall be valid so long as the underlying Service Permit is valid and the applicable provisions of that Service Permit, the Right-of- Way Permit and of this chapter are complied with; provided, however, that such Right-of-Way Permit shall only relate to and entitle the Permittee to utilize the Rights-of-Way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a Service Permit. Any other Right-of-Way use by such Permittee shall require a separate or amended Right-of- Way Permit issued pursuant to Section 911.04(b).
(b) All other applications for General Right-of-Way Permits, or amendments or renewals thereof, shall be filed in such form and in such manner as required by this chapter or any Regulations the City may adopt, along with an application fee of one thousand dollars ($1,000). The Director shall determine if the application is in order and shall, within forty-five (45) days of the receipt of a complete application, issue a written report regarding such application. The report shall recommend that the Right-of-Way Board deny or grant the Right-of-Way Permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Director's report shall be served upon the Applicant by mail along with a notice of when the City will consider the same. The Right-of-Way Board shall then consider such recommendation and make a final determination in writing, within thirty (30) days of the Director's report, as to whether or not such Right-of- Way Permit should be granted and if so, upon what terms and conditions. The term of each such General Right-of-Way Permit shall in no event exceed ten (10) years from the date of issuance or such lesser term as the Applicant requests.
(c) An application for a Special Right-of-Way Permit, or amendments or renewals thereof, shall be filed in such form and in such manner as required by this chapter, any Regulations the City may adopt or the Codified Ordinances of the City, along with an application fee of:
(1) Fifty Dollars ($50.00) for a Special Right-of-Way for Residential Purposes, or
(2) Five hundred dollars ($500.00) for a Special Right-of-Way Permit for Non- Residential Purposes. If the Director determines that the application is in order and that the criteria set forth in Section 911.05 have been met, and that the application should be granted, the Director shall, within forty-five (45) days of a receipt of a completed application, conditionally grant or renew such a Right-of-Way Permit subject to any appropriate terms and conditions or deny the same. The Director shall notify the Right-of-Way Board of the results of such review. The Director's conditional grant, renewal or denial shall be served upon the Applicant by mail. Such conditional denial, grant or renewal shall become final unless modified or rejected by the Right-of-Way Board within thirty (30) days of issuance by the Director, or unless appealed pursuant to Section 911.04(g). The term of such special Right-of-Way Permits shall be three (3) years from issuance, or such lesser term as the Applicant requests.
A Special Right-of-Way Permit for Residential Purposes may be granted for an indefinite term from issuance, but may be canceled by the Director with sixty (60) days written notice. Should the Director find that an emergency exists, the Director may cancel said Permit within a lesser time period.
(d) Director Review. Following receipt of a Right-of-Way Permit Application the Director shall review said application for conformance with the provisions of this chapter as outlined in Section 911.04(f)(1)-(3) and Section 911.04(h). If the Application should be determined to be incomplete, the Director shall promptly notify the Applicant of any and all information required. Further processing will be delayed until all such additional information has been received by the Director. Following the approval of the Director the Applicant shall be notified in writing of the approval by the City with the City forwarding an approved copy of the application to the Applicant's Designated Single Point of Contact. The Applicant must then conform to the provisions of the Permit and the provisions of Section 911.04(f) and Section 911.04(h). Any such payment amounts must be received by the City in order to validate the Permit.
(e) Permit Renewal. The Permittee shall file an application to renew its Permit not more than one hundred eighty (180) days nor less than ninety (90) days prior to expiration of its current Permit. The application shall be filed in a form required by the City and shall include the information required in the original application.
The Director shall determine if the application for Permit Renewal is in order and shall, within forty-five (45) days of the receipt of a complete application, issue a written report to the Right-of-Way Board regarding such application. The report shall recommend that the Right-of-Way Board deny or grant the Right-of- Way Permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this Chapter. The Director's report shall be served upon the Applicant by mail along with a notice of when the City will consider the same. The Right-of-Way Board shall then consider such recommendation and make a final determination in writing, within thirty (30) days of the Director's report, as to whether or not such Right-of-Way Permit should be granted and if so, upon what terms and conditions.
No Permit shall be renewed until any present or ongoing violations or defaults in the Permittee's performance of the existing permit, or of the requirements of this Chapter, have been cured, or until a plan detailing corrective action to be taken by the Permittee has been received, reviewed and approved by the Director and the Right-of-Way Board.
(f) Form of Application. Right-of-Way permit applications (initial, renewal or transfer) shall be filed with the City and shall include the following information to be considered complete:
(1) Completed Right-of-Way Application Form to include the following thereon:
A. The name, address, telephone and fax number of the applicant.
B. The name, address, telephone and fax number of the designated single point of business contact.
C. The applicable Ohio Utilities Protection Service (OUPS) Registration number.
D. A twenty-four hour emergency contact number(s) as further specified in Section 911.06 (a)(10) of this chapter.
E. Type of Permit requested;
F. Length of Permit requested;
G. Required attachments (see list below):
H. Certification by an officer of the Permittee that all Permit Application information is complete and correct;
I. Witnessed by a Notary Public.
(2) Exhibits (Attachments) Required by Permit Type: (as described in Section 911.04 (f)(3) below):
A. General Right-of-Way Permits. Exhibit B (in place of C, D, E, H) F, G, I, J, K, L, M, N (N only if requested by the City).
B. Special Right-of-Way Permit for Non-Residential Purposes: Exhibit B (in place of C, D, E, H), F, I, J, K, L, M, N (N only if requested by the City).
C. Special Right-of-Way Permit for Residential Purposes: Exhibit F, I, J and N (N only if requested by the City).
(3) Exhibits Types Explanation.
Exhibit B: A copy of any applicable valid certification from the Public Utilities Commission of Ohio (PUCO), labeled as Exhibit B. Applicants subject to the jurisdiction and recognized on the rolls of the PUCO or a cable operator possessing a valid franchise agreement pursuant to federal law and any applicable laws of the City are presumed to possess the required financial, technical, and managerial resources and will provide this Exhibit B in lieu of Exhibit C, D, E and H;
Exhibit C: A detailed statement relating to the applicant's organizational structure, labeled Exhibit C, including, but not limited to the following:
(1) The names, titles and business addresses of all officers, and or directors of the applicant;
(2) The names and addresses of any parent or subsidiary company of the applicant and any other group owning or controlling or owned and controlled by the applicant, and an explanation describing the nature of any such parent or subsidiary business entity;
Exhibit D: A detailed description, labeled Exhibit D, of the applicant's previous experience in providing related and/or similar services as those being proposed in the application;
Exhibit E: A detailed and complete financial statement of the applicant, prepared by a Certified Public Accountant, labeled Exhibit E, for the fiscal year next preceding the date of said application, or a letter or other acceptable written evidence from a recognized lending institution or funding source, addressed to both the applicant and the City, setting forth the basis for provision for whatever capital shall be required by the applicant to construct and operate the proposed system within the City, or a statement from a Certified Public Accountant, certifying that the applicant has available sufficient free, net and uncommitted cash reserves to construct, operate and maintain the proposed system and/or facility within the City;
Exhibit F: A statement, labeled Exhibit F, certifying that the applicant is not delinquent on any taxes or other obligations to the City or County;
Exhibit G: A statement, labeled Exhibit G, certifying any Service Permits awarded to the applicant, its parent or subsidiary, from the City. A copy of any such Service Permit will also be attached herewith;
Exhibit H: A detailed description, labeled Exhibit H, of the operation plan for the facility being proposed;
Exhibit I: A detailed map, labeled Exhibit I, of facilities in or proposed to be in the Right-of-Way as detailed in the mapping requirements of this chapter; Refer to Section 911.06(c).
Exhibit J: A non-refundable application fee (initial, renewal or transfer) in the form of a check, money order or wire transfer made payable to Treasurer City of Zanesville, labeled Exhibit J, in the proper amount for the type of Permit being requested;
Exhibit K: A copy, labeled Exhibit K, a copy of any agreement as described in Section 911.06(a)(8) of this chapter.
Exhibit L: All General Right-of-Way Permit and Special Right-of-Way Permit for Non-Residential Purposes Applicants shall provide a copy of an insurance certificate as required by this chapter, Section 911.11.
Exhibit M: Except for Special Right-of-Way for Residential Permits, all Applicants for Permits shall provide proper bonding, self bonding, irrevocable letters of credit or certified checks as required by Section 911.11(g) of this chapter.
Exhibit N: The City reserves the right to request any additional information necessary to ensure compliance with Section 911.05 of this chapter.
(g) Any Applicant may appeal to the Right-of-Way Board, the failure of the Director to grant a Right-of-Way Permit, or to recommend it to be granted upon terms and conditions acceptable to the Applicant. In order to perfect such appeal, the Applicant shall file an appeal with the Right-of-Way Board, within ten (10) days of the Director's determination or recommendation, or within sixty (60) days of the filing of the application if the Director has taken no action. Such Appeals should be filed to attention of: "Right-of-Way Board--City of Zanesville". The Right-of- Way Board shall then review the matter and after affording the Applicant an opportunity to be heard either in person or in writing render a final determination within thirty (30) days of the filing of the appeal, unless such period is waived by the Applicant. Except to the extent otherwise appealable by law, the Right-of-Way Board's decision shall be final.
(h) Any Right-of-Way Permittee shall, within thirty (30) days of the granting or renewal of any Right-of-Way Permit hereunder, if and as applicable, pay a pro rata portion of the fees required by Section 911.07(b) or (c) and Section 911.07(i) of this chapter; provided, however, that should the Permittee appeal, and during the pendency thereof the Permittee does not use or occupy any Right-of-Way, the Permittee shall not be required to pay such pro-rata portion of said fees until such appeal has been finally determined.
(Ord. 02-70(a). Passed 11-25-02.)