(a) Capital Improvement means an addition to enhance the value or extend the useful life of existing Facilities, including construction, reconstruction, renovation, enlargement and/or extension of Facilities, but not including Routine Maintenance or work immediately related to an emergency.
(b) Excavation means the 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. "Excavation" excludes any activity by a governmental entity, which activity does not penetrate the earth to a depth of more than twelve inches.
(c) 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, for the purpose of offering a Service, and shall include any connection from a Service Provider's existing Facilities to private property.
(d) Right-of-Way means the surface of, and the space within, through, on, across, above or below, any public street, road, highway, freeway, lane, path, alley, court, sidewalk, boulevard, parkway, drive, easement and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the Village.
(e) Person means and includes individuals, Service Providers, subcontractors, corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and includes their lessors, trustees and receivers.
(f) PUCO means the Public Utilities Commission of Ohio.
(g) Residential Right-of-Way Purposes means use of the Village's Right-of-Way by an adjacent or proximate residential landowner for curb cuts, driveways, sidewalks, irrigation systems, decorative purposes and other permitted uses.
(h) Routine Maintenance means a service provider's 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, and that requires no more than five (5) working days to complete, is not an emergency and does not include excavation of the right-of-way.
(i) Service means the offering of water, 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.
(j) Service Provider means any person that directly or indirectly owns, controls, operates or manages Facilities within the Village's right-of-way, used or to be used for the purpose of offering a service within or outside the Village's boundaries or to provide any services between or among private buildings or facilities where no service is offered to the public, or any person planning to construct any such Facilities. As used in this Chapter, "service provider" shall also include its contractors and subcontractors.
(k) Village Administrator means the Village Administrator or his or her designee.
(Ord. 862. Passed 4-20-09.)