As used in the Codified Ordinances:
(a) Above-ground facilities means that portion of a service provider's facilities above the surface of the right-of-way outside of the public street, including wires, cables and other such equipment running between poles, including the underground supports and foundations for such facilities.
(b) Applicant means any person, individual, corporation, partnership, association, organization or similar entity or agent thereof, applying for a right-of-way permit hereunder.
(c) Construct, constructing, construction means installing, repairing, replacing or removing any facility, regardless of the methods employed, including excavation.
(d) Director of Public Service means the Director of Public Service or his or her designee.
(e) Emergency means an unforeseen occurrence or condition calling for immediate action.
(f) Excavate, excavating or excavation means cutting, sawing, breaking, drilling into, boring under, or otherwise altering any public street or sidewalk pavement, and/or digging, drilling into or boring under any unpaved portion of the right-of-way, including any other work or activity which disturbs the existing surface or subsurface structure, composition, or soil compaction.
(g) Excess capacity means the volume or capacity in any existing or future facility or pole in the right-of-way that is or will be available for use for additional facilities.
(h) Facilities or facility means the plant, equipment and property, including but not limited to, cables, fibers, wires, lines, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground in the right-of-way of the City and used or to be used to operate a system to transmit, receive, distribute, provide or offer a service, publicly or privately.
(i) Lane obstruction means the blocking or diverting of vehicular traffic from a public street or where one lane of traffic is closed for the purpose of constructing, excavating, maintaining or operating any facility, including but not limited to:
(1) The lifting or removing of manhole or handhole covers, and/or
(2) The opening or accessing of at-grade or pole-mounted cabinets, pedestals, transformers, power supplies, amplifiers, splice enclosures, traps or other facilities.
(j) Occupancy, occupy or use means, with respect to the right-of-way, to place a tangible thing in the right-of-way for any purpose, including, but not limited to,
gardens, constructing, repairing, positioning, maintaining or operating lines, poles, pipes, conduits, ducts, equipment or other structures, appurtenances or facilities necessary to operate, or relating to, a system for the delivery of services over the right-of-way.
(k) Permittee means any applicant issued a right-of-way permit pursuant to this Chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this Chapter and said right-of-way permit and service providers and contractors.
(l) Person means an individual, corporation, partnership, association, organization or similar entity or their agents and assigns.
(m) Public property means any real property owned by the City or easements held or used by the City.
(n) Public street means the paved and unpaved portion of any street, road, boulevard, drives, highway, freeway, parkway, lane, court, alley, or other right-of-way in which the City has an interest in law or equity and which has been acquired, established, dedicated or devoted to street purposes.
(o) Public right-of-way fee or permit fee means a fee levied to recover the costs incurred by the City and associated with the occupancy or use of a right-of-way, as provided in Chapter 4939 of the Ohio Revised Code.
(p) Residential purposes means residential use of right-of-way for such uses as mailboxes, trees, decorative purposes or any curb cuts and driveways, and as may be further defined by the Director of Public Service.
(q) Right-of-way means the surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, and any other land dedicated or otherwise designed for the same or hereafter held by the City which shall, within its proper use and meaning, in the sole opinion of the Director of Public Service, entitle a permittee, in accordance with the terms herein and of any right-of-way permit, for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of natural gas, electric, cable television, communications or other utility services as set forth in any service permit or any right-of-way permit. Right-of-way shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by regulation.
(r) Routine maintenance means repair, upkeep, replacement or restoration of existing facilities located in the right-of-way for the purpose of preventing deterioration or performance deficiencies, maintaining appearance, or securing the original level of performance, that is not an emergency and does not include excavation of the right-of-way.
(s) Service means the offering of water, sanitary sewer, storm sewer, electric, gas, telephone, telecommunications, cable television, video, information or other utility-like service directly to the public, or to such classes of users as to be effectively available to the public, or a class of private users, regardless of the facilities used.
(t) Service provider means any person who directly or indirectly owns, controls, operates or manages facilities within the City's right-of-way, used or to be used for the purpose of operating a system.
(u) System means a network of facilities for the transmission and/or distribution of a particular service.
(v) Trenchless technology means techniques for utility line installation, replacement, rehabilitation, renovation, repair, inspection, location and leak detections, with minimum excavation from the ground surface, including the use of directional boring, horizontal drilling and micro-tunneling and other techniques in the construction of underground portions of facilities that result in the least amount of disruption and damage to the right-of-way as possible.
(w) Underground facilities means that portion of a System located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. (Ord. 2019-55. Passed 6-3-19.)