For the purpose of this chapter, the following terms, phrases, words and their derivations, regardless of whether or not the words and phrases are capitalized, have the meanings set forth herein. When not inconsistent with the context, words in the present tense include future tense, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Abandoned" means the designation given to a facility, except for a small cell facility or wireless support structure in the right-of-way, when its operations or use are discontinued in a manner that is not in accordance with this chapter; or for a period exceeding ninety days or a total of 180 days in any 365-day period, without notice of the discontinued operations or use given to the City and without the City's approval; and except for a period of discontinued operations or use that has been caused by acts of God. Small cell facilities or wireless support structures shall be deemed abandoned if the facilities or support structures are unused for a period of three hundred sixty-five days without the operator otherwise notifying the City and receiving the City's approval.
(b) "Antenna" means communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
(c) "Applicant" means any person applying for a permit hereunder, as the context requires.
(d) "Application" means the process by which an applicant submits a request to obtain a permit hereunder, as the context requires.
(e) "Application fee" means the fee paid to the City for an Application for a Permit, as the context requires.
(f) "Approved" means approval by the City pursuant to this chapter or any regulations adopted hereunder.
(g) "Bankruptcy code" means the United States Bankruptcy Code of 1978, as amended including regulations promulgated by Title 11 of the United States Code.
(h) "Best efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expeditious available technology and human resources and cost.
(i) "Cable franchise" has the same meaning as "franchise" in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C. 522.
(j) "Cable operator" has the same meaning as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C. 522.
(k) “Cable service" has the same meaning as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C. 522.
(l) "Calendar year" means from January 1, through December 31.
(m) "Chapter" means Chapter 1028 of the Codified Ordinances of the City as amended from time to time, and any regulations adopted hereunder.
(n) "City" means the City of Bexley, Ohio.
(o) "Code" means the codified ordinances of the City of Bexley, Ohio.
(p) "Collocation or collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
(q) "Construct" means, but is not limited to, digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs or installing facilities, other than landscaping, ornamental plantings in, on, above, within, over, below, under or through any part of the rights-of-way. "Construct" shall also include the act of opening and/or cutting into the surface of any paved, unimproved, or improved surface that it any part of the right-of-way.
(r) "Construction" means, but is not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs or installing facilities, other than landscaping, ornamental plantings in, on, above, within, over, below, under or through any part of the rights-of-way. "Construction" shall also include the act of opening and/or cutting into the surface of any paved, unimproved or improved surface that is part of the right-of-way.
(s) "County" means Franklin County, Ohio. County specifically excludes any and all contractors, agents or other persons acting on behalf of said county.
(t) "Council" means the Bexley City Council.
(u) "Decorative pole" means a pole, arch, or structure other than a street light pole placed in the right-of-way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for the following:
(1) Electric lighting;
(2) Specifically designed informational or directional signage; or
(3) Temporary holiday or special event attachments.
(v) "Design guidelines" means detailed guidelines and specifications promulgated by the City in accordance with R.C. Chapter 4939 for the design and installation of small cell facilities and wireless support structures in the right-of-way.
(w) "Director" means the City Service Director.
(x) "Emergency" means a condition that poses a clear and immediate danger to life or health, or of a significant loss of property.
(y) "Facility(ies)" means any tangible thing located in any rights-of-way within the City, and includes wireless facilities and wireless support structures; but shall not include boulevard plantings, ornamental plantings or gardens planted or maintained in the rights-of-way between a person's property and the street edge of pavement.
(z) "FCC" means the Federal Communications Commission, or any successor thereto.
(aa) "FERC" means the Federal Energy Regulatory Commission as created and amended in accordance with the Federal Power Act, 16 U.S.C. 792, or its statutory successor.
(bb) "Force majeure" means a strike; act of God; act of public enemy; order of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions; riot; epidemic; landslides; lightning; earthquake; fire; tornado; storm; flood; civil disturbance; explosion; partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such force majeure, but only to the extent such disabled parties notifies the other party as soon as practicable regarding such force majeure and then for only so long as and to the extent that, the force majeure prevents compliance or causes non-compliance with the provisions hereof.
(cc) "Full" means that the right-of-way is unable to accommodate any additional facilities as determined by the City Service Director in accordance with the principles of public health, safety, and welfare following a reasonable analysis taking into consideration all applicable law, commonly accepted industry standards, and routine engineering practices.
(dd) "Height" means the distance measured from the pre-existing grade level to the highest point on the structure, including the small cell facility, even if said highest point is an antenna or lightening protection device.
(ee) "Historic district" means a building, property, or site, or group of buildings, properties, or sites that are either of the following:
(1) Listed in the national register for historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.l.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C.
(2) A registered historic district as defined in R.C. § 149.311.
(ff) "Law" means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff or other requirement in effect either at the time of execution of this chapter or at any time during the location of or while facilities are being located in the rights-of-way.
(gg) "Mayor" means the duly elected mayor of the City of Bexley, Ohio or his/her designee.
(hh) "Micro wireless permit" means a permit, which must be obtained before a person can construct, modify, collocate or replace a small cell facility or wireless support structure, as set forth in Section 1028.23 et seq., in or on the rights-of-way.
(ii) "Occupancy fee" means the money paid by a right-of-way permit holder to the City in order to maintain a right-of-way permit and compensate the City for actual and direct costs incurred by the City in the management, administration and control of the rights-of-way of the City, and which are not reasonably recoverable by the City through work permit fees or other approved recovery mechanisms.
(jj) "Occupy or use" means, with respect to a public right-of-way, to place a tangible thing in a public right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
(kk) "Open video service" means any video programming services provided to any person through the use of rights-of-way, which person is certified by the FCC to operate an open video system pursuant to § 651 et seq. of the Telecommunications Act of 1996 (codified at 47 U.S.C. Title VI, Part V), regardless of the facilities used.
(ll) "Operator" means wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. For purposes of this chapter, operator includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.
(mm) "ORC" means the Revised Code of the State of Ohio.
(nn) "Permit" means a right-of-way permit, work permit, or micro wireless permit, as the context requires.
(oo) "Permit fee" means money paid to the City for a permit, as the context requires.
(pp) "Permittee" means any person to whom a permit has been granted by the City and not revoked.
(qq) "Person" means any natural person or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for-profit or not-for-profit, or governmental entity.
(rr) "Provider" means a person who owns or operates a system and has a valid right-of-way permit. The City, County, schools, information technology centers, small cell facility operators, and cable operators operating pursuant to a valid cable franchise, or video service provider operating pursuant to a valid video service authorization shall also be considered providers.
(ss) "Public property" means any real property owned by the City or easements held or used by the City, other than a right-of-way.
(tt) "Public utility" or "utility" means a business enterprise supplying an essential public service, such as gas or electricity, and a wireless service provider as defined in ORC 4927.01(A)(20) or any company described in ORC 4905.03, except in divisions (B) and (I) of that section, which company also is a public utility as defined in ORC 4905.02; and includes any electric supplier as defined in ORC 4933.81.
(uu) "Regulation" means any rule or regulation adopted by the City Service Director pursuant to the authority of this chapter and the procedure set forth in Section 1028.13, to carry out its purpose and intent.
(vv) "Restoration" means the process and the resultant effects by which a right-of-way is returned to a condition at least as good as its condition immediately prior to the construction, including, as applicable, appearance; dimensions; grade, quality, and size; and landscaping, including turf and soil. "Restoration" shall occur in accordance with this chapter, the City's design standards, and regulations as may be further enacted and amended by the City pursuant to Section 1028.13, and shall include the following:
(1) Any areas temporarily patched during construction shall be cleaned of patching materials, including asphalt.
(2) With respect to brick curbs or gutters, bricks shall be removed and stored during construction in accordance with City standards.
(3) If grass is replaced by seeding, the seed shall be maintained by the permittee as directed by the City for a period of one year. In the event that restoration begins after October 15 of a calendar year, permittee shall reseed the affected area by April 30 of the following year calendar year and the one-year maintenance obligation shall run from that date, unless earlier completed by the permittee, in such instance the one-year maintenance obligation shall begin on the date of reseed completion.
(4) With respect to trees removed, all permittees must comply with section 1028.09(d).
(ww) "Right-of-way" means the surface of, and the space within, through on, across, above or below, the paved or unpaved portion of any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by the City. Right-of-way excludes a private easement.
(xx) "Right-of-way permit" means the document issued to each provider and its unique system to grant the nonexclusive authority to occupy or use all or a portion of the rights-of-way within the city and outlines the terms of that occupancy or use of such rights-of-way.
(yy) "Service(s)" means the offering of any service or utility for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, or alternatively, the provision (for a fee or otherwise) of any service or utility between two or more points for a proprietary purpose to a class of users other than the general public that in the opinion of the Mayor constitutes a service.
(zz) "Small cell facility" means a wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(aaa) "State" means the State of Ohio.
(bbb) "System" means any system of conduit, cables, ducts, pipes, wires, lines, towers, antennas, wave guides, fiber optics, microwave, laser beams and any associated converters, equipment or facilities or utilities designed and constructed for the purpose of producing, receiving, amplifying, delivering or distributing services within the City. A system shall specifically include, but not necessarily be limited to: electric distribution and/or transmission systems, natural or artificial gas distribution and/or transmission systems, water distribution systems, storm water systems, sanitary sewer systems, cable television systems, video service networks, telecommunications systems (whether voice, video, data, or other), fiber optic systems, and wireless communications systems.
(ccc) "Toll" means the pause or delay of the running of the required time period.
(ddd) "Utility pole" means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. Utility pole excludes street signs and decorative poles.
(eee) "Video service" means the same as "video service" as defined in ORC 1332.21(J).
(fff) "Video service authorization (VSA)" means a "video service authorization" as issued to a video service provider by the Director of the Ohio Department of Commerce in accordance with ORC 1332.24(A)(1).
(ggg) "Video service provider" means a person granted a video service authorization under ORC 1332.21 to 1332.34.
(hhh) "Wireless facility" means:
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
A. Equipment associated with wireless communications;
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of the technological configuration.
(2) The term includes small cell facilities.
(3) The term does not include any of the following:
A. The structure or improvements on, under, or within which the equipment is collocated;
B. Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(iii) "Wireless service" means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(jjj) "Wireless service provider" means a person who provides wireless service as defined in ORC 4927.01(A)(19).
(kkk) "Wireless support structure" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities. As used in this chapter, wireless support structure excludes all of the following:
(1) A utility pole or other facility owned or operated by a municipal electric utility;
(2) A utility pole or other facility used to supply traction power to public transit systems including railways, trams, streetcars, and trolleybuses.
(lll) "Work permit" means the permit specified in Section 1028.10 et seq., which must be obtained before any person may construct in, locate in, occupy, maintain, move or remove facilities from, in or on a right-of-way.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)