For the 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. References hereafter to “sections” are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms whether or not capitalized.
ABANDONED. Any small cell facilities or wireless support structures that are unused for a period of 365 days without the operator otherwise notifying the city and receiving the city's approval.
AGENT. A person that provides the city written authorization to work on behalf of a public utility.
ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
APPLICANT. Any person who seeks to obtain or renew a certificate of registration or permit or any person that submits an application to the city to site, construct, place, collocate, modify, operate, and/or remove a small cell facility or wireless support structure in the City of the Village of Indian Hill.
APPLICATION. The process and format by which an applicant submits a request to obtain a certificate of registration or permit.
BANKRUPTCY ACT. The regulations promulgated by Title 11 of the United States Code.
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, available technology, human resources, and cost.
CABLE OPERATOR, CABLE SERVICE, FRANCHISE. These words have the same meanings as in the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 522.
CERTIFICATE OF REGISTRATION. The document issued to each provider and its unique system to occupy the rights-of-way within the village and outlines the terms of that occupancy of the rights-of-way.
CITY. The City of The Village of Indian Hill, Ohio.
CITY COUNCIL. The legislative governing body of the village.
CLERK OF COUNCIL. The duly appointed Clerk/Comptroller of The Village of Indian Hill, Ohio.
CODIFIED ORDINANCES. The Codified Ordinances of the City of The Village of Indian Hill, Ohio.
COLLOCATION, COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure or utility pole.
CONFIDENTIAL/PROPRIETARY INFORMATION. All information that has been either
identified or clearly marked as confidential/ proprietary by the provider prior to any submission. Upon receipt of such clearly marked confidential/proprietary information from a provider, the village shall endeavor, in accordance with the requirements of R.C. Chapter 149 (The Ohio Public Records Act), to use all the same reasonable measures and exercise the same degree of care that the village uses to protect its own information of such a nature from disclosure to third parties. In the event that the village receives a request from a third party for disclosure of information a provider has clearly marked as confidential/proprietary information, then the village shall respond as required by R.C. Chapter 149, but will attempt to use all reasonable means to notify the provider as soon as possible.
CONSTRUCT. Means, but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, install wires, install conduit, install pipes, install transmission lines, install poles, install signs, or install facilities, other than landscaping or 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 or improved surface that is any part of the right-of-way.
CONSTRUCTION. Means, but shall not be 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 or 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 or improved surface that is part of the right-of-way.
CONSTRUCTION BOND. A bond posted to ensure proper and complete construction, replacement and/or repair of a facility and/or the affected rights-of-way pursuant to a permit.
CONSTRUCTION AND MAJOR MAINTENANCE PLAN. A written plan including maps of the expected location, design, other related equipment and facilities of a provider which describes in full the construction intended to be accomplished by the provider in the rights-of-way over the next calendar year.
COUNTY. Hamilton County, Ohio.
CREDIBLE. Worthy of being believed.
DECORATIVE POLE. 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 any of the following:
(1) Electric lighting;
(2) Specifically designed informational or directional signage;
(3) Temporary holiday or special event attachments.
DEPARTMENT OF PUBLIC WORKS. The Department of Public Works of the village.
EMERGENCY. A condition that poses a clear and immediate danger to life, health, or safety of a person, or of a significant loss of real or personal property.
ENCLOSURE. A cabinet for equipment intended to conceal its contents, prevent electrical shock to users, and protect the contents from the environment.
ENFORCING OFFICIAL. The person appointed by the City Manager to be responsible for the administration of this chapter.
EQUIPMENT. Electrical and/or mechanical devices or components.
FACILITIES. Any tangible thing located in any rights-of-way within the village; but shall not include mailboxes, 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.
FCC. The Federal Communications Commission, or any successor thereto.
FULL. Unable to accommodate any additional facilities in light of applicable standards and using standard engineering practices as determined by the Public Works Superintendent; or, without negatively impacting public health and safety; or, without violating any applicable laws or rules and regulations.
HISTORIC DISTRICT. A building, property, or site, or group of buildings, properties, or sites that are either of the following:
(1) Listed in the national register of 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.1.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.
IN, when used in conjunction with rights- of-way, means in, on, above, within, over, below, under or through rights-of-way.
INSPECTOR. Any person authorized by the Public Works Superintendent to carry out inspections related to the provisions of this chapter.
LAW(S). 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, and/or while a provider's facilities are located in the public rights-of-way.
MAJOR FACILITIES. Those facilities defined as such in the rules and regulations adopted by the Public Works Superintendent pursuant to § 52.100.
MICRO WIRELESS FACILITY. A small cell facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that
does not have an exterior antenna more than 11 inches in length suspended on cable strung between wireless support structures.
OCCUPY, USE. With respect to a right-of-way, to place a tangible thing in a 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.
OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to Title 45 of the Ohio Revised Code.
OHIO UTILITY PROTECTION SERVICE. The utility protection service as defined in R.C. § 153.64 and § 3781.26 or its statutory successor.
OPEN VIDEO SERVICE. Any video programming services provided by a person through use of rights-of-way, which provider is certified by the FCC to operate an open video system pursuant to Sections 652 et seq. of the Telecommunications Act of 1996 (codified at 47 U.S.C. Title VI, Part V), regardless of the facilities used.
PERMIT COST(S). As allowed by law, all costs borne by the village for permit issuance.
PERMIT, PUBLIC WAY FEE(S). Money paid to the village for a permit to construct, occupy, use and do minor maintenance in the rights-of-way, public way.
PERMIT, WORK PERMIT. A construction permit and/or a minor maintenance permit issued by a municipal corporation that must be obtained in order to perform any 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 in to the surface of any paved or improved surface that is part of the public way.
PERMITTEE. Any person to whom a construction permit and/or a minor maintenance permit has been granted by the village and not revoked.
PERSON. Any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity, whether for profit or not for profit.
PROVIDER. A person who owns or operates a system. The village or county, and cable television operators operating pursuant to a valid cable franchise shall also be considered providers.
PUBLIC UTILITY. A wireless service provider as defined in R.C. § 4927.01(A)(20) except in divisions (B) and (I) of that section, which company also is a public utility as defined in R.C. § 4905.02; and includes any electric supplier as defined in R.C. § 4933.81.
PUCO. The Public Utilities Commission of Ohio as defined in R.C. § 4901.02.
PUBLIC WORKS SUPERINTENDENT. The Director of the Department of Public Works of the City of The Village of Indian Hill, Ohio, or his or her designee.
R.C. The Ohio Revised Code.
REGISTRATION MAINTENANCE FEE. The money paid to the village to maintain a certificate of registration and compensate the village for costs associated with rights-of-way management and administration.
REMOVAL BOND. A bond posted to ensure the availability of sufficient funds to properly remove a provider's facilities upon abandonment, disuse, or discontinuance of a provider's use or occupation of the rights-of-way.
RESTORATION. The process and the resultant effects by which rights-of-way are returned to a condition at least as good, using the same materials (or other similar materials approved by the Public Works Superintendent), as its condition immediately prior to construction. RESTORATION shall occur in accordance with the rules and regulations established by the Public Works Superintendent and as amended from time to time.
RIGHT(S)-OF-WAY, PUBLIC WAY. The surface and space in, on, above, within, over, below, under or through any real property in which the village has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, conduit or any other place, area, or real property owned by or under the legal or equitable control of the village, now or hereafter, that is consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing a system. RIGHTS-OF- WAY, PUBLIC WAY shall not include buildings, parks, or other public property or private easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a permit or by law.
RIGHT(S)-OF-WAY COST. All direct, incidental and indirect costs borne by the village for the management, administration and regulation of the rights-of-way and this chapter.
RULE(S) AND REGULATION(S). Any rule and/or regulation adopted by the Public Works Superintendent pursuant to law.
SERVICE(S). 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 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 Director constitutes a service.
SERVICE AGREEMENT. A valid service agreement, franchise agreement, or operating agreement issued by the village pursuant to law and accepted by a person, which allows such person to operate or provide utility service within the geographic limits of the village.
SMALL CELL FACILITY. 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 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.
SMALL CELL FACILITY OPERATOR, OPERATOR. A wireless service provider, or its designated agent, or cable operator, or its designated agent, that operates a small cell facility and provides wireless service as defined in R.C. § 4939.01(T). 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.
SOLICITOR. The Solicitor of the City of The Village of Indian Hill, Ohio.
SUBSTANTIAL CHANGE TO SMALL CELL FACILITY. Substantial change means the same as defined by the FCC in 47 C.F.R. § 1.40001 (b)(7), as may be amended, and as applicable to facilities in the public right-of-way, which defines that term as a collocation or modification that:
(1) Increases the overall height more than 10% or ten feet (whichever is greater);
(2) Increases the width more than six feet from the edge of the wireless support structure;
(3) Involves the placement of any new enclosures on the ground when there are no existing ground-mounted enclosures;
(4) Involves the placement of any new ground-mounted enclosures that are (10%) larger in height or volume than any existing ground-mounted enclosures;
(5) Involves excavation or deployment of equipment outside the area in proximity to the installation and other wireless communications equipment already deployed on the ground;
(6) Would defeat the existing concealment elements of the wireless support structure as determined by the enforcing official; or
(7) Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, enclosures or excavation that is inconsistent with the thresholds for a substantial change.
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.
SURETY FUND. A formal pledge made to secure against loss, damage, or default.
SYSTEM. Any system of conduit, ducts, cables, pipes, wires, lines, towers, antennae wave guides, optic fiber, microwave, or laser beams, and any associated converters, equipment, or facilities or utilities designed and constructed for the purpose of producing, receiving, amplifying, delivering or distributing service within the village.
SYSTEM REPRESENTATIVE(S). The specifically identified agent(s)/employee(s) of a provider who are authorized to direct field activities of that provider and serve as official notice agent(s) for system related information. Provider shall be required to make sure at least one of its system representatives is available at all times to receive notice of, and immediately direct response to, system related emergencies or situations.
TRANSFER. The disposal by the provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation, or otherwise, of 51% or more at one time of the ownership or controlling interest in the system, or 51% cumulatively over the
term of a certificate of registration of such interests to a corporation, partnership, limited partnership, trust, or association, or person or group of persons acting in concert.
TRENCHLESS TECHNOLOGY. Means, but shall not be 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 FACILITIES. All lines, cables, conduits, pipes, posts, tanks, vaults, wires and any other facilities that are located wholly or partially underneath rights-of-way.
UNUSED FACILITIES. Facilities located in the rights-of-way which have remained unused for 12 months and for which the provider is unable to provide the village with a credible plan detailing the procedure by which the provider intends to begin actively using such facilities within the next 12 months, or that it has a potential purchaser or user of the facilities who will be actively using the facilities within the next 12 months, or, that the availability of such facilities is required by the provider to adequately and efficiently operate its system.
UTILITY(IES). Any water, sewer, gas, drainage, or culvert pipe and any electric power, telecommunication, signal, communication, or cable television conduit, fiber, wire, cable, or operator thereof.
UTILITY CORRIDOR(S). Those specific areas of the rights-of-way designated as such by the Director of Public Service pursuant to § 52.51.
UTILITY EASEMENT. An easement dedicated for the use of a Public Utilities Commission of Ohio regulated utility.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or other wires for electric or telecommunications service. UTILITY POLE excludes street signs and decorative poles.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
(1) Equipment associated with wireless communications;
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration;
(3) The term includes small cell facilities;
(4) 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.
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 R.C. § 4927.01 (A)(19).
WIRELESS SUPPORT STRUCTURE. A pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a 15-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.
WORKING DAY. Any Monday, Tuesday, Wednesday, Thursday, or Friday excluding legal holidays observed by the village.
(Ord. 03-02, passed 2-25-02; Am. Ord. 06-18, passed 9-24-18)