1149.01 DEFINITIONS.
For purposes of this Chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the 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.
ACCESSORY EQUIPMENT. Any equipment used in conjunction with a Wireless Facility or Wireless Support Structure. Accessory Equipment includes utility or transmission equipment, power storage, generation or control equipment, cables, wiring and equipment cabinets.
ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of Wireless Service.
APPLICANT. Any person applying for a Right- Of-Way Occupancy Permit hereunder.
BEST EFFORTS. The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering and operational codes, expedition, available technology and human resources and cost.
CABLE OPERATOR, CABLE SERVICE and FRANCHISE have the same meaning as set forth in the "Cable Communications and policy Act of 1984, 98 stat. 2779, 47 U.S.C.A. 522.
CHAPTER. Chapter 1149 of the Codified Ordinances of the City, as amended from time to time, and any regulations adopted hereunder.
CITY. The City of Dover, Ohio.
COLLOCATION. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. To install, mount, maintain, modify, operate or replace wireless facilities on a wireless support structure.
CONFIDENTIAL/PROPRIETARY INFORMATION. All information that has been either identified or clearly marked as Confidential/Proprietary Information by the provider prior to any submission. Information that is considered by a Provider to be either trade secret, confidential and/or proprietary, or information that upon public disclosure would be highly likely to place critical portions of a Provider's System in material danger of vandalism, sabotage, or an act of terrorism, all may be marked as Confidential/Proprietary Information by a Provider when submitted. Upon receipt of such clearly marked Confidential/Proprietary Information from a Provider, the City shall endeavor, in accordance with the requirements of ORC Chapter 149 (the Ohio Public Records Act), to use all the same reasonable measures and exercise the same degree of care that the City uses to protect its own information of such a nature from disclosure to third parties. In the event that the City receives a request from a third party for disclosure of information a Provider has clearly marked as Confidential/Proprietary Information, then the City shall respond as required by ORC Chapter 149 but will attempt to use all reasonable means to notify the Provider as soon as possible.
CONSTRUCT. Includes, but not be 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 Right-Of-Way. Construct shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is any part of the Right-Of-Way.
CONSTRUCTION. Includes, but 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, above, within, over, below, under or through any part of a Right-Of-Way. Construction shall also include e act of opening and/or cutting into the surface of any paved or improved surface that is part of the Right-Of-Way.
CONSTRUCTION BOND. A bond posted to ensure proper and complete Construction and/or repair of a Facility and the affected Right-Of-Way pursuant to a Permit.
COUNCIL. The legislative body of the City.
DECORATIVE POLE. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed. This does not include structures for electric lighting, specially designed informational or directional signage, or temporary holiday or special event attachments.
DISTRIBUTED ANTENNA SYSTEM. A network or facility to which all of the following apply:
(1) It distributes radio frequency signals to provide Wireless Service,
(2) It meets the height and size characteristics of a Small Cell Facility, as defined herein,
(3) It consists of the following:
A. Remote Antenna nodes deployed throughout a desired coverage area,
B. A high-capacity signal transport medium connected to a central hub site,
C. Equipment located at the hub site to process or control the radio frequency signals through the Antennas.
(4) It conforms to the size limitations specified in City's Standards or is otherwise consistent with section 4939 of the Ohio Revised Code to the extent it is in effect.
ELIGIBLE FACILITIES REQUEST. As defined in federal law, in 47 U.S.C. 1455(a)(2), any request for modification of an existing wireless tower or base station that involves;
(1) Collocation of new transmission equipment,
(2) Removal of transmission equipment, or
(3) Replacement transmission equipment.
EMERGENCY. A condition that poses a clear and immediate danger to life or health, or a significant loss of property.
FACILITY(IES). Any tangible thing located in any Right-Of-Way within the City; but shall not include boulevard plantings, ornamental plantings or gardens planted or maintained in the Right-Of-Way between a Person's property and the street edge of pavement.
FORCE MAJEURE. A strike, act of God, act of public enemy, 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 party 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 noncompliance with the provisions hereof.
GENERAL RIGHT-OF-WAY OCCUPANCY PERMIT. Shall have the meaning set forth in Section 1149.03(b)(1).
GOVERNMENTAL PURPOSES. Those purposes classified as governmental under Ohio law, as well as water utility service, sanitary sewer service, electric service, storm sewers, automatic meter reading service, and any other City utility service to the extent such other City utility service is provided to City Facilities.
HISTORIC DISTRICT.
(a) A building, property, or site, or group of building, properties, or sites that are either listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, or designated a historic district as defined in section 149.311 of the Ohio Revised Code.
(b) An "overlay zone"
(1) That has been established by the Municipality at least sixty days prior to the relevant application;
(2) For which the special public interest to be protected is the preservation and protection of historic and architecturally valuable districts and neighborhoods or archaeologically significant resources according to uniform design standards; and
(3) For which Municipality maintains and enforces objective standards that are published in advance and applied on a uniform and nondiscriminatory basis.
MICRO WIRELESS FACILITY. A Small Cell Facility that is not more than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that does not have an exterior antenna more than eleven (11) inches in length suspended on cable strung between wireless support structures.
MICRO WIRELESS FACILITY OPERATOR. A Public Utility or Cable Operator that operates a Micro Wireless Facility.
MINOR MAINTENANCE PERMIT. A Permit, which must be obtained before a Person can perform minor maintenance, as set forth in Section 1149.12, in or on the Right-Of-Way.
MUNICIPAL ELECTRIC UTILITY. Has the same meaning as set forth in section 4928.01 of the Ohio Revised Code.
MUNICIPAL ELECTRIC UTILITY POLE. A Utility Pole, as defined herein, that is owned or operated by the Municipal Electric Utility.
OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (OMUTCD). The uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to Ohio R.C. 4511.09.
PERMIT. A Construction Permit or a Minor Maintenance Permit, as the context requires.
PERMIT COST. All direct, incidental and indirect costs actually incurred or realized by the City for Permit issuance, permit oversight and pavement degradation resulting from Construction activity.
PERMIT FEE. Money paid to the City for a Permit to Construct in the Rights of Way as required by Chapter 1149.
PERMITTEE. Any person issued a Right-Of-Way Occupancy Permit pursuant to this chapter to use or occupy all or a portion of the Right-Of-Way in accordance with the provisions of this chapter and said Right-Of-Way Permit.
PERSON. Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY. Any real property owned by the City or easements held or used by the City, other than a Right-Of-Way.
PUBLIC UTILITY. Any company described in section 4905.03 of the Ohio 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 Ohio Revised Code and regulated by the Public Utilities Commission of Ohio; and includes any electric supplier as defined in section 4933.81 of the Ohio Revised Code.
REGISTRATION MAINTENANCE FEE. The money paid to the City to maintain a Right-Of-Way Occupancy Permit and compensate the City for all actual costs incurred by the City in the management, administration and control of the Right-Of-Way of the City, and which are not reasonably recoverable by the City through Construction Permit Fees or other approved recovery mechanisms.
REGULATION. Any rule adopted by the Mayor or Service Director pursuant to the authority of this chapter, and the procedure set forth in Section 1149.10, to carry out its purpose and intent.
RESIDENTIAL PURPOSES. 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 in the regulations.
RESTORATION. The process and the resultant effects by which a Right-Of-Way is returned to a condition as good as or better than its condition immediately prior to the Construction. Restoration shall occur in accordance with the Rules and Regulations as may be enacted or amended from time to time.
RIGHT-OF-WAY. 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 designated for the same now or hereafter held by the City which shall, within its proper use and meaning in the sole opinion of the City Manager, entitle a Permittee, in accordance with the terms hereof and of any Right-Of-Way Occupancy 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 natural gas, electric, cable television, communications or other utility services as set forth in any Right-Of-Way Occupancy 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 Occupancy Permit or by regulation.
RIGHT-OF-WAY OCCUPANCY PERMIT. The non-exclusive grant of authority to use or occupy all or a portion of the City's Rights-Of-Way granted pursuant to this chapter.
RIGHT-OF-WAY RELATED COSTS. All documented direct, incidental, and indirect costs actually borne by the City for the control, management and administration of the Rights-Of-Way.
SMALL CELL FACILITY. A Wireless Facility that meets the City's standards or is consistent with the requirements of section 4939 of the Ohio Revised Code to the extent it is in effect, including but not limited to both of the following:
(1) Each Antenna associated with the Facility is located inside an enclosure of not more than six (6) 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 (6) cubic feet in volume.
(2) All other Wireless Equipment associated with the Facility is cumulatively not more than twenty-eight (28) 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 power and other services.
(3) If the Facility were placed on a Wireless Support Structure, the increased height would not be more than ten (10) feet or the overall resulting height would be no more than fifty (50) feet.
SMALL CELL FACILITY OPERATOR. A wireless service provider, or its designated agent, or cable operator of its designated agent, or a video service provider or its designated agent, that operates a small cell facility and provides wireless service as defined in the Section 4939 of the Ohio Revised Code, to the extent it is still in effect. This includes a wireless service provider, cable operator or a video service provider that provides information services as defined in 110 Stat. 59, 47 U.S.C. 153(20) and services that are fixed in nature of use unlicensed spectrum.
SUPPLEMENTARY APPLICATION. Any application made to Construct on or in more of the Rights of Way than previously allowed, or to extend a Permit that had already been issued.
TRENCHLESS TECHNOLOGY. Includes, but is not limited to, the use of directional boring, horizontal drilling, microtunneling and other techniques in the Construction of underground portions of Facilities which result in the least amount of disruption and damage to Rights of Way as possible.
UNDERGROUND DISTRICT. A group of buildings, properties, or sites in which the Municipality, at least sixty (60) days prior to the relevant application, has required all communications and electric lines in the specified geographic area to be placed underground, and for which the Municipality maintains and enforces objective standards that are published in advance and applied on a uniform and nondiscriminatory basis. [The Underground Districts in existence or otherwise established as of the date hereof are set forth in Exhibit A hereto.]
UNDERGROUND FACILITY(IES). All lines, cables, conduits, pipes, posts, tanks, vaults and any other Facilities which are located wholly or partially underneath Rights of Way.
UNUSED FACILITY(IES). Facilities located in the Rights of Way which have remained unused for twelve (12) months and for which the Provider is unable to provide the City with a credible plan detailing the procedure by which the Provider intends to begin actively using such Facilities within the next twelve (12) months, or that it has a potential purchaser or user of the Facilities who will be actively using the Facilities within the next twelve (12) months, or that the availability of such Facilities is required by the provider to adequately and efficiently operate its System.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. This does not include structures owned or operated by a Municipal Electric Utility ("Municipal Electric Utility Poles"), street signs, or decorative poles.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network. This includes equipment associated with wireless communications, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment (regardless of technological configuration), and Small Cell Facilities. This does not include the structure or improvements on under, or within which the equipment is located, and 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.
WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using Wireless Facilities.
WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined in Section 4927.01(A)(20) of the Ohio Revised Code, to the extent it is still in effect.
WIRELESS SUPPORT STRUCTURE. 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. For purposes of requesting consent for Micro Wireless Facility activity "Wireless Support Structure" excludes:
(1) A Municipal Electric Utility Pole, or other facility owned or operated by a Municipal Electric Utility; and
(2) A utility pole or other facility used to supply traction power to public transit systems including railways, trams, streetcars, and trolleybuses;
WORK PERMIT or CONSTRUCTION PERMIT. Permit to perform work in, on, above, within, over, below, under, or through any part of the public 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 way. (Ord. 11-22. Passed 2-7-22.)