[R.O. 2011 §250.330; Ord. No. 2000-92 §2(5.1), 12-5-2000]
A public ways use permit shall be required of any person who
desires to occupy or use specific public ways of the City for facilities
including but not limited to communication facilities located within
a public way, including all communication carriers and communication
providers.
[R.O. 2011 §250.340; Ord. No. 2000-92 §2(5.2), 12-5-2000]
A. Any
person required to obtain a public ways use permit pursuant to this
Article shall file an application with the City which shall include
the following information:
1. The name of the public ways use permit applicant, including all affiliates.
2. A description of the services, including communication services,
that is or will be offered or provided by public ways use permittee.
3. A description of the transmission medium that will be used by public
ways use permittee to offer or provide such services, including communications
services.
4. For proposed facilities, preliminary engineering plans, specifications
and a network map of the facilities to be located within the public
ways, all in sufficient detail to identify:
a. The location and route requested for applicant's proposed facilities
within the public ways.
b. The location of all overhead and underground public utility, communication,
cable, water, sewer drainage and other facilities within the public
way along the proposed route.
c. The location(s), if any, for interconnection with the facilities
of others including other communications carriers within the public
ways.
d. The specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove
or relocate.
5. If the applicant is proposing to install overhead facilities, evidence
that surplus space is available for locating the facilities, including
communications facilities, on existing utility poles along the proposed
route.
6. If the applicant is proposing an underground installation in existing
ducts or conduits within the public ways, information in sufficient
detail to identify such existing ducts or conduits including:
a. The excess capacity currently available in such ducts or conduits
before installation of the facilities, including communications facilities;
b. The excess capacity, if any, that will exist in such ducts or conduits
after installation of the facilities, including communications facilities.
7. If the applicant is proposing an underground installation within
new ducts or conduits to be constructed within the public ways:
a. The location proposed for the new ducts or conduits; and
b. The excess capacity that will exist in such ducts or conduits after
installation.
8. A preliminary construction schedule and completion date.
9. Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the financial ability to construct,
operate, maintain, relocate and remove the facilities.
10. Information in sufficient detail to establish the technical qualifications,
experience and expertise regarding the facilities to be installed
within the public ways.
11. Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities
and, if applicable, to offer or provide the communications services.
12. Whether the applicant intends to provide cable service, video dial
tone service or other video programming service, and sufficient information
to determine whether such service is subject to cable franchising.
13. An accurate map showing the location of any existing facilities in
the public ways that applicant intends to own, use or lease.
14. A description of the services or facilities that the applicant will
offer or make available to the City and other public, educational
and governmental institutions.
15. A description of the applicant's access and line extension policies.
16. The area or areas of the City the applicant desires to serve and
a schedule for build-out to the entire area.
17. All fees, deposits or charges required pursuant to Article
VI of this Chapter.
18. Such other and further information as may be required by the Administrator.
[R.O. 2011 §250.350; Ord. No. 2000-92 §2(5.3), 12-5-2000]
A. No later than seventy-five (75) days after receiving a complete application under Section
250.300, the Board shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
1. The financial and technical ability of the applicant.
2. The legal ability of the applicant.
3. The continuing capacity of the public ways to accommodate existing
facilities and the capacity of the public ways to accommodate the
proposed facilities.
4. The capacity of the public ways to accommodate additional utility
facilities, communications facilities and other facilities if the
public ways use permit is granted.
5. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the public ways use
permit is granted.
6. The public interest in minimizing the cost and disruption of construction
within the public ways.
7. The service that applicant will provide to the community and region.
8. The effect, if any, on public health, safety and welfare if the public
ways use permit is granted.
9. The availability of alternate routes and/or locations for the proposed
facilities.
10. Applicable Federal and State laws, regulations and policies.
11. Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest and public health, safety and
welfare.
[R.O. 2011 §250.360; Ord. No. 2000-92 §2(5.4), 12-5-2000]
No public ways use permit granted under this Article shall confer
any exclusive right, privilege, license or franchise to occupy or
use the public ways for the location of facilities, the delivery of
services, including communications service, or any other purposes.
Further, each permit and license granted hereunder to use public ways
is subordinate to the City's use and rights therein.
[R.O. 2011 §250.370; Ord. No. 2000-92 §2(5.5), 12-5-2000]
No public ways use permit granted under this Article shall convey
any right, title or interest within the public ways, but shall be
deemed a non-exclusive license only to use and occupy the public ways
for the limited purposes and term stated in the grant. Each public
ways use permit is granted to the public ways use permittee specified
therein and may not be sold, devised, conveyed or otherwise transferred
in any manner whether voluntary, involuntary or by operation of law.
Further, no public ways use permit shall be construed as any warranty
of title.
[R.O. 2011 §250.380; Ord. No. 2000-92 §2(5.6), 12-5-2000]
Unless otherwise specified in a use permit agreement, a public
ways use permit shall be in effect for a term of five (5) years.
[R.O. 2011 §250.390; Ord. No. 2000-92 §2(5.7), 12-5-2000]
A public ways use permit granted under this Article shall be
limited to a grant of specific public ways and defined portions thereof.
[R.O. 2011 §250.410; Ord. No. 2000-92 §2(5.8), 12-5-2000]
All public ways use permittees are required to obtain permits as required in Article
III of this Chapter and comply with Article
VIII of this Chapter with respect to all work done; provided however, that nothing in this Article shall prohibit the City and a public ways use permittee from agreeing to alternative plan review, permit and construction procedures in a use permit agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
[R.O. 2011 §250.420; Ord. No. 2000-92 §2(5.9), 12-5-2000]
A. Operations. Each public ways use permittee shall, by December
first (1st) of each year, file a construction and major maintenance
plan with the Administrator. Such plan shall contain the information
necessary, including the locations and the estimated beginning and
ending dates of all projects to be commenced during the next calendar
year ("project") and all other information requested by the Administrator,
to facilitate the coordination and reduction in the frequency of excavations
and obstructions of and installation within a public way.
By January first (1st) of each year, the Administrator will
have available for inspection in the public ways Inspector offices
a composite list of all projects of which the Administrator has been
informed in the annual plans. All registrants are responsible for
keeping themselves informed of the current status of this list.
No later than February first (1st), each public ways use permittee
may change any project in its list of projects and must notify the
Administrator and all other registrants of all such changes in said
list. Notwithstanding the foregoing, a public ways use permittee may
at any time join in a project of another public ways use permittee
listed by the other public ways use permittee.
B. Additional Projects. Notwithstanding the foregoing, the
Administrator may, for good cause shown, allow a public ways use permittee
to submit additional projects.
C. Mapping Data. Each public ways use permittee shall provide
to the Administrator information indicating the horizontal and vertical
location, relative to the boundaries of the public way, of all facilities
which it owns or over which it has control and which is located within
any public way ("mapping data"). Mapping data shall be provided with
the specificity and in the format requested by the Administrator for
inclusion in the mapping system used by the City.
1. Within six (6) months after the acquisition, installation or construction
of any additional facility or any relocation, abandonment or disuse
of any existing facility, the public ways use permittee shall supplement
the mapping data required herein.
2. Each public ways use permittee shall, within one (1) year after the
date of passage of this Chapter, submit a plan to the Administrator
specifying in detail the steps it will take to comply with the requirements
of this Section. Said plan shall provide for the submission of all
mapping data as early as may be reasonable and practical, but not
later than five (5) years after the date of passage of this Chapter.
Notwithstanding the foregoing, mapping data shall be submitted by
all public ways use permittees for all facilities which are to be
installed or constructed within the public way after the date of passage
of this Chapter at the time any permits are sought under this Code.
3. After one (1) year after the passage of this Chapter, a new public
ways use permittee, or a public ways use permittee which has not submitted
a plan as required above, shall submit complete and accurate mapping
data for all its facilities within the public way at the time any
permits are sought under this Chapter.
[R.O. 2011 §250.430; Ord. No. 2000-92 §2(5.10), 12-5-2000]
Each public ways use permit granted under this Article is subject
to the City's right, which is expressly reserved, to annually fix
a fair and reasonable user fee to be paid for the rights granted to
public ways use permittee.
[R.O. 2011 §250.440; Ord. No. 2000-92 §2(5.11), 12-5-2000]
A. A new
public ways use permit application and grant shall be required of
any person that desires to extend or locate facilities within public
ways which are not included in a public ways use permit previously
granted to such person under this Chapter.
B. If
ordered by the City to locate or relocate its facilities within public
ways not included in a previously granted public ways use permit,
the City shall grant a public ways use permit amendment for such location
or relocation without further application provided public ways use
permittee is not in violation of any provision of this Chapter.
[R.O. 2011 §250.450; Ord. No. 2000-92 §2(5.12), 12-5-2000]
A. A public
ways use permittee that desires to renew its public ways use permit
under this Article shall, not more than one hundred eighty (180) days
nor less than one hundred twenty (120) days before expiration of the
current public ways use permit, file an application with the City
for renewal of its public ways use permit which shall include the
following information:
1. The information required pursuant to Section
250.300 of this Article.
2. Any information required pursuant to a public ways use permit agreement
between the City and public ways use permittee, if any.
[R.O. 2011 §250.460; Ord. No. 2000-92 §2(5.13), 12-5-2000]
Within seventy-five (75) days after receiving a complete application under Section
250.390, the Board shall issue a written determination granting or denying the renewal application in whole or in part, applying the standards set forth in Section
250.310, the applicant's compliance with the requirements of this Chapter and its public ways use permit agreement, if any, and the continuing capacity of the public ways to accommodate the existing facilities. If the renewal application is denied, the written determination shall include the reasons for non-renewal.
[R.O. 2011 §250.470; Ord. No. 2000-92 §2(5.14), 12-5-2000]
No public ways use permit shall be renewed until any and all
ongoing violations or defaults in public ways use permittee's performance
of the public ways use permit agreement, or of the requirements of
the City's Municipal Code of Ordinances, have been cured, or a plan
detailing the corrective action to be taken by public ways use permittee
has been approved by the City and public ways use permittee is diligently
pursuing such action.
[R.O. 2011 §250.480; Ord. No. 2000-92 §2(5.15), 12-5-2000]
Any transactions which singularly or collectively result in
a change of ten percent (10%) or more of the ownership or working
control of public ways use permittee, of the ownership or working
control of a public ways use permit, of the ownership or working control
of affiliates having ownership or working control of public ways use
permittee or of facilities within the public ways, including communications
facilities, or of control of the capacity or conduit of public ways
use permittee's facilities within the public ways, including communications
facilities or parts thereof, shall be considered a transfer hereunder.
[R.O. 2011 §250.490; Ord. No. 2000-92 §2(5.16), 12-5-2000]
A. A public
ways use permit granted by the City pursuant to this Article may be
revoked for reasonable cause including but not limited to the following
reasons:
1. Construction or operation in the City or within the public ways without
a public ways use permit or other grant of authority.
2. Construction or operation at an unauthorized location.
3. Misrepresentation or lack of candor by or on behalf of a public ways
use permittee in any application to the City.
4. Failure to pay taxes, compensation, fees or costs when and as due
the City.
5. Violation of this Chapter or any other requirement of the Code.
6. Violation of the material terms of a public ways use permit agreement.
[R.O. 2011 §250.500; Ord. No. 2000-92 §2(5.17), 12-5-2000]
A. If
the Administrator believes that grounds exist for revocation of a
public ways use permit, the Administrator shall give public ways use
permittee written notice of the apparent violation or non-compliance,
providing a short and concise statement of the nature and general
facts of the violation or non-compliance, and providing public ways
use permittee a reasonable period of time not exceeding thirty (30)
days to furnish evidence:
1. That corrective action has been or is being actively and expeditiously
pursued to remedy the violation or non-compliance.
2. That no violation or non-compliance has occurred.
3. That it would be in the public interest to impose some penalty or
sanction less than revocation.
[R.O. 2011 §250.510; Ord. No. 2000-92 §2(5.18), 12-5-2000]
If public ways use permittee fails to provide evidence reasonably
satisfactory to the Administrator as provided, the Administrator shall
refer the apparent violation or non-compliance to the Board. The Board
shall provide public ways use permittee with notice and a reasonable
opportunity to be heard concerning the matter.
[R.O. 2011 §250.520; Ord. No. 2000-92 §2(5.19), 12-5-2000]
A. If
persuaded that any public ways use permittee has violated or failed
to comply with this Chapter, or any use permit agreement, the Board
shall determine whether to revoke the use permit, or to establish
some lesser sanction and cure, considering the nature, circumstances,
extent and gravity of the violation as reflected by one (1) or more
of the following factors:
1. Whether the misconduct was egregious.
2. Whether substantial harm resulted.
3. Whether the violation was intentional.
4. Whether there is a history of prior violations of the same or other
requirements.
5. Whether there is a history of overall compliance.
6. Whether the violation was voluntarily disclosed, admitted or cured.