[Ord. No. 24 of 1991, 3-6-1991]
(a)
Telecommunications cabinets, which for purposes of this section
shall mean above-ground structures designed or used as part of a telecommunications
system, shall be permitted on City property or within City street
lines only upon issuance of a permit by the City Engineer as provided
herein.
(1)
Permittee or applicant is defined herein exclusively to be the
New York Telephone Company.
(b)
The City Engineer may issue a permit for a telecommunications
cabinet which meets the following standards:
(1)
The applicant must be a public utility or company authorized
to do business as a telecommunications company.
(2)
The applicant must submit an application, in writing, showing
the proposed location and dimensions of the cabinet, its relationship
to nearby curbs, sidewalks, driveways and other structures and such
other information as the City Engineer may require.
(3)
The application shall be reviewed to ensure that placement of
the cabinet does not create a hazard or impair the free passage of
pedestrians, vehicles or maintenance equipment.
(4)
The application shall be reviewed to ensure that any adverse
aesthetic impact is minimized.
(5)
The owner of the property immediately adjacent to the proposed
location shall be informed of the proposal and given an opportunity
to comment on it prior to the issuance of permit.
(6)
In reviewing such application, City Engineer may consider such
other matters as he may deem necessary to protect the public interest.
(c)
Any permit issued pursuant to this section shall be subject
to the following conditions:
(1)
The permittee shall, at all times, defend, indemnify and hold
harmless the City of Utica from any claim of any nature arising from
the construction, use or maintenance of the equipment.
(2)
The permittee must comply with all other statutes, ordinances,
resolutions, laws, rules and regulations applicable to the permitted
activity including, but not limiting to, the obtaining of a street
excavation permit for any such work required to service the equipment.
(3)
Permittee shall restore the street or public place to its condition
prior to the work in a manner approved by the City Engineer.
(4)
At all times, permittee shall maintain the equipment in good
repair so as to present a good appearance.
(5)
Should it become necessary, due to street widening or other
public purpose, to remove or relocate such equipment, the permittee
shall perform such removal or relocation at its own expense.
(d)
The duration of such permit shall be permanent, except the such
permit may be revoked, after notice and opportunity to be heard, upon:
(i) Substantial violation of one or more of the conditions of the
permit; (ii) nonuse of the equipment for a continuous period of one
year or more; or (iii) if it becomes necessary to remove or relocate
the equipment due to street widening or other public purpose.
(e)
The fee for such permit shall be based upon the area to be covered
by the equipment, including any concrete pad upon which the equipment
is to be installed, as follows:
