General Use of Terms.
(a) The terms, phrases, words, and their derivations used in this chapter shall have the meanings given in this section.
(b) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
(c) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(d) The words "shall" and "will" are mandatory and "may" is permissive.
(e) Words not defined shall be given their common and ordinary meaning.
Defined Terms.
(a) "Abandoned" means small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the Village and receiving the Village's approval.
(b) "Affiliate" when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
(c) "Agent" means a person that provides the Village written authorization to work on behalf of a public utility.
(d) "Antenna" means any communications equipment designed for the purpose of the transmission and/or reception of radio frequency ("RF") radiation, to be operated or operating from a fixed location to facilitate wireless communications services, including associated accessory equipment.
(e) "Applicant" means any person that submits an application to the Village to site, install, construct, collocate, modify, and/or operate a Wireless Communications Facility in the right-of-way, or on public or private property according to the requirements of this chapter.
(f) "Cable Operator" means any person or group of persons:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
(g) "Cable Service" means:
(1) The one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service;
(h) "Cable Franchise" means an initial authorization, or renewal thereof, issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
(i) "Clear Zone" means the unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes. As defined in the ODOT Location and Design Manual, Volume 1, Section 600-Roadside Design.
(j) "Collocation Or Collocate" means to install, mount, maintain, modify, operate, or replace small cell facilities on a wireless support structure, or on an existing building located outside the right-of-way.
(k) "Decorative Pole" means a pole, arch, or structure other than a street light pole placed in the public way, or on public or private property specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following: electric lighting; specially designed informational or directional signage; temporary holiday or special event attachments.
(l) "Design Guidelines, Small Cell" means any detailed guidelines and examples adopted and promulgated by the Building Department for the design and installation of structures supporting small cell facilities and wireless support structures in the right-of-way, or on public or private property, which are effective insofar as they do not conflict with FCC rules and regulations or the design standards established in this chapter.
(m) "Design Standards" means standards established in this chapter for the design, construction, and installation of small cell facilities and wireless support structures in the right-of-way, or on public or private property, which may be supplemented by Small Cell Design Guidelines, and which are effective insofar as they do not conflict with state or federal law, including without limitation any applicable FCC rules and regulations.
(n) "Eligible Facilities Request" has the same meaning as in 47 U.S.C.1455 (a)(2), as may be amended, defined herein as "any request for modification of an existing wireless support structure that does not substantially change the physical dimensions of such wireless support structure, involving:
(1) Collocation of new small cell facilities;
(2) Removal of small cell facilities; or
(3) Replacement of small cell facilities.
(o) "FCC" means the U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
(p) "Micro Wireless Facility" means a small cell facili ty that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between wireless support structures.
(q) "Ohio Manual of Uniform Traffic Control Devices or OMUTCD means the uniform system of traffic control devices promulgated by the Ohio Department of Transportation.
(r) "Occupy Or Use" means with respect to the right-of-way, public property or private property, to place a tangible t hing in the right-of-way, public property or private property 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.
(s) "Person" means, without limitation, a natural person, a corporation, whether nonprofit or for profit, a partnership, a limited liability company, an unincorporated society or association, and two or more persons having a joint or common interest.
(t) "Public Utility" means wireless service provider as defined in division (A)(20) of section 4927.01 of the Revised Code or any company described in section 4905.03 of the Revised Code except in divisions (B) and (I) of that section, which company also is a public utility as defined in section 4905.02 of the Revised Code; and includes any electric supplier as defined in section 4933.81 of the Revised Code.
(u) "Right-Of-Way Fee means a fee levied to recover the costs incurred by the Village and associated with the occupancy or use of right-of-way.
(v) "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 bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the Village which shall, within its proper use and meaning in the sole opinion of the Commissioner of Buildings, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof 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 utility, cable television, communications or other services as set forth in any service agreement 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 administrative regulation.
(w) "Small Cell Facility" means the 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.
(x) "Small Cell Facility Operator Or Operator" means a wireless service provider, or its designated agent, or cable operator, or its designated agent, or a video service provider, or its designated agent, that operates a small cell facility and provides wireless service as defined herein. For the purpose 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.
(y) "Stealth Small Cell Facility" means any small cell facility that is architecturally integrated into a building or other concealing structure on public or private property not in the right-of-way, such that no portion of any antenna, antenna equipment or any other apparatus associated with the function of the facility is visible.
(z) "Substantial Change" means any modification to an existing small cell facility and wireless support structure that meets the criteria of §943.04(d)(2)B.
(aa) "Tolling or Toll Period" means the pausing or delaying of the running of a required time period.
(bb) "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.
(cc) "Video Service Provider" means the same meaning as in section 1332.21 of the Revised Code.
(dd) "Wireless Facility" means:
(1) Equipment at a fixed location that enables wire less 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 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.
(ee) "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.
(ff) "Wireless Service Provider" means a person who provides wireless service as defined in division (A)(20) of section 4927.01 ofthe Revised Code.
(gg) "Wireless Support Structure" means a pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
(hh) "Wireline Backhaul Facility" means a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(ii) "Work Permit" means a permit issued by the Village that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public right-of-way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public right-of-way.
(Ord. 3971. Passed 6-20-18.)