(A) Purpose and intent. The purpose and intent of this chapter is to:
(1) Manage occupancy or use of the public right-of-way;
(2) Encourage the provision of advanced, competitive telecommunications services on the widest possible basis to the businesses, institutions and residents of the city;
(3) Permit and manage reasonable access to the public right-of-way of the city for telecommunications service purposes on a competitively neutral basis;
(4) Conserve the limited physical capacity of the public right-of-way held in trust by the city for the benefit of the public;
(5) Assure that the city receives cost recovery for the occupancy and use of the public right-of-way in accordance with law;
(6) Assure that all service providers with facilities in the public right-of-way comply with the ordinances, rules and regulations of the city;
(7) Assure that the city fairly and responsibly protects the public health, safety and welfare; and
(8) Enable the city to discharge its public trust consistent with rapidly evoking federal and state regulatory policies, industry competition and technological development.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different 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.
AFFILIATE. A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
ANTENNA. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications service, internet and microwave telecommunications.
CAPITAL IMPROVEMENT. An addition made to enhance the value or extend the useful life of an existing system or facilities, including construction, reconstruction, installation, rehabilitation, renovation, improvement, enlargement and extension of facilities, but not including, ordinary or routine maintenance.
CITY. The City of Green, Ohio.
CITY PROPERTY. All real property owned by the city, other than public streets and public easements, and all property held in a proprietary capacity by the city, which are not subject to public right-of-way consent and requirements of this chapter.
CONSTRUCT, CONSTRUCTING, CONSTRUCTION AND THE LIKE. Installing, repairing, replacing or removing any facility, regardless of the methods employed.
DISTRIBUTED ANTENNA SYSTEM. A network or facility to which all of the following apply:
(a) It distributes radio frequency signals to provide wireless service;
(b) It meets the height and size characteristics of a small cell facility;
(c) It consists of all of the following:
1. Remote antenna nodes deployed throughout a desired coverage area;
2. A high-capacity signal transport medium connected to a central hub site; and
3. Equipment located at the hub site to process or control the radio frequency signals through the antennas.
(d) It conforms to the size limitations specified in this division.
EMERGENCY. An unforeseen occurrence or condition calling for immediate action.
ENGINEER. The engineer of the city or engineer’s designee.
EXCAVATE, EXCAVATING or EXCAVATION. 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 public right-of-way, including any other work or activity which disturbs the existing surface or subsurface structure, composition, or soil compaction, for the purpose of carrying on any construction activity.
FACILITIES or FACILITY. The plant, equipment and property, including, but not limited to, accessory equipment, antenna, cables, fibers, wires, 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 public right-of-way of the city for a micro wireless FACILITY.
LANE OBSTRUCTION. The blocking or diverting of vehicular and/or pedestrian traffic from a street or sidewalk for the purpose of constructing, excavating, installing, repairing, maintaining, operating, replacing or removing any facility, including the lifting or removing of manhole or handhole covers, and the opening or accessing of at-grade or pole-mounted cabinets, pedestals, transformers, power supplies, amplifiers, splice enclosures, traps or other facilities.
MICRO WIRELESS FACILITY. Includes both a distributed antenna system and a small cell facility, and the related wireless facilities.
MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
OCCUPANCY, OCCUPY or USE. With respect to the public right-of-way, to place a tangible thing in the 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.
OVERHEAD FACILITIES. Utility poles and wires, cables, and other such equipment running between and on such poles, including the underground supports and foundations for such facilities.
PERSON. Corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts, public utility, any other entity, and individuals and includes their lessors, trustees and receivers, but specifically excludes the city itself.
PRIVATE SERVICE PROVIDER. Any person who, pursuant to the consent to occupy or use the public right-of-way pursuant to § 115.02, directly or indirectly owns, controls, operates, or manages a micro wireless facility within the city’s public right-of-way used or to be used for the purpose of transmitting, receiving, distributing, or providing telecommunications or wireless services.
PUBLIC RIGHT-OF-WAY. The surface of, and the space within, through, on, across, above or below, 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 and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the city or other public entity or political subdivision.
PUBLIC STREET. The paved and unpaved portion of any street, road, boulevard, drive, highway, freeway, parkway, lane, court, alley or other public 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.
PUCO or PUBLIC UTILITIES COMMISSION OF OHIO. The state administrative agency or successor, authorized to regulate and oversee certain public or private service providers and services in the state.
RECONSTRUCT and RECONSTRUCTION. Substantial physical change to all or a portion of an existing facility or system involving construction in public streets, utility easements or public right-of-way.
ROUTINE MAINTENANCE. Repair, upkeep, replacement or restoration of existing facilities located in the public right-of-way that requires no more than one working day to complete, is not an emergency and does not include excavation of the public right-of-way.
SERVICE PROVIDER. Any private service provider.
SMALL CELL FACILITY. A wireless facility that meets the requirements below.
(a) 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 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 the connection of power and other services.
(b) If the wireless facility were placed on a wireless support structure or utility pole, the increased height would be not more than ten feet or the overall resulting height would be not more than 50 feet.
STATE. The State of Ohio.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications services.
WIRELESS FACILITY. An antenna, accessory equipment, or other wireless device or equipment used to provide wireless service.
WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided using wireless facilities.
WIRELESS SUPPORT STRUCTURE. A pole, such as a monopole, either guyed or self-supporting, light pole, traffic signal, sign pole or utility pole capable of supporting wireless facilities.
(Prior Code, § 875.01) (Ord. 2018-14, passed 7-10-2018)