For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings as set forth herein. When not inconsistent with the context, works 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.
CITY. The City of Lebanon, Ohio.
CITY ENGINEER. The City Engineer of Lebanon, Ohio.
CITY MANAGER. The City Manager of Lebanon, Ohio.
CONTRACTOR. A person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, or add to any improvements covered by this chapter, that requires work, workers, and/or equipment to be in the public right-of-way in the process of performing the above- named operations.
DEPUTY CITY MANAGER. The Deputy City Manager of Lebanon, Ohio, or designee.
DEVELOPER. The person, partnership, corporation, or other legal entity who is improving a parcel of land within the city and who is legally responsible to the city for the cost and quality of construction of improvements within a subdivision or as a condition of a building permit.
DUCT or CONDUIT. A single enclosed raceway for cables, fiber optics, or other wires, or a pipe or canal used to convey fluids or gases.
EMERGENCY. Any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas conduit system, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged electrical and telecommunications facilities, in which advanced notice of needed repairs is impracticable under the circumstances.
EXCAVATE. To dig into or in any way remove or penetrate any part of a right-of-way.
FACILITIES. Includes, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, street lights, ducts, fixtures and appurtenances and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utility and other services.
FENCE. Any artificially constructed barrier of wood, masonry, stone, wire, metal, plastic, or any other manufactured material or combination of materials erected to enclose, partition, beautify, mark, or screen areas of land.
INFRASTRUCTURE. Any public facility, system, or improvement, including, without limitation, water and sewer mains and appurtenances, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, sidewalks, and public safety equipment.
LANDSCAPING. Materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees and non-living natural materials commonly used in landscape development, as well as attendant irrigation systems.
PERMIT. Any written authorization for use of the public rights-of-way granted in accordance with the terms of this chapter and the laws and policies of the city.
PERMITTEE. The holder of a valid permit issued pursuant to this chapter.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY or PUBLIC WAY. The surface of and the space above and below any public street, way, place, alley, sidewalk, easement, park, square, plaza, and city right-of-way dedicated to public use, except as otherwise required by local, state or federal law.
SPECIFICATIONS. Engineering regulations, construction specifications, and design standards adopted by the city.
STRUCTURE. Anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies and canopies.
SURPLUS DUCTS or SURPLUS CONDUITS. Conduits or ducts other than those occupied by the permittee or any prior permittee, or unoccupied ducts held by permittee as emergency use spares, or other unoccupied ducts that the permittee reasonably expects to use within three years from the date of a request for use.
WORK. Any labor performed on, or any use or storage of equipment or materials, including but not limited to construction of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, street lights, and traffic signal devices within a right-of-way. It shall also mean excavation construction, maintenance, or repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire, or any other structure located below surface, and installation of overhead poles, towers, or facilities attached to any above-ground structure used for any purpose within a right-of-way.
(Ord. 9351, passed 7-11-06)