(a) For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
(2) “Arterial Street” means each public street designated as such in Appendix A.
(3) “Cable operator” means a person providing or offering to provide cable service within the City as that term is defined in the Cable Communications Policy Act of 1984, codified at 47 U.S.C. §532, et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, as each might be further amended.
(4) “Capital improvement” means a valuable addition made to enhance the value or extend the useful life of facilities, including construction, reconstruction, installation, rehabilitation, renovation, improvement, enlargement and extension of facilities, but not including ordinary or routine maintenance and repair.
(5) “City” means the City of Loveland, Ohio.
(6) “City cost” means the direct and indirect costs borne by the City for pavement management, traffic management, risk management, financial management, cost recovery, infrastructure oversight, budget analysis, record keeping, legal assistance, systems analysis, application processing and checking, issuing permits, inspecting job sites, creating and updating mapping systems, and performing all of the other tasks required by this chapter, including other costs the City may incur in managing the provisions of this chapter.
(7) “City Manager” means the City Manager, or his or her designee.
(8) “City property” means and includes all real property owned by the City, other than public streets and public easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to public way permits and franchising as provided in this chapter.
(9) “Collector street” means each public street designated as such in Appendix A.
(10) “Construct”, “construction”, etc. means to excavate, obstruct or install wires, poles, signs or physical features, other than landscaping, in the public way.
(11) “Emergency” means an unforeseen occurrence or condition calling for immediate action.
(12) “Excavation” or excavate” means to dig into or in any way remove or physically disturb or penetrate any part of the public way.
(13) “Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, or other facility in the public way that is or will be available for use for additional facilities.
(14) “Facilities” or “system” means the plant, equipment and property, including but not limited to, 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 ways of the City and used or to be used to transmit, receive, distribute, provide or offer services but also including private facilities.
(15) “In”, when used in conjunction with public way or public street, means over, above, in, within, on, below or under the public way.
(16) “Major construction projects” means the construction, reconstruction, installation, maintenance or repair of a service provider's facilities in the public way, or any excavation of a public way under any of the following circumstances:
A. The extension of a service provider's facility in the public way in an area of the City not currently serviced by that service provider. This does not include new service orders unless a public street will be excavated;
B. The relocation or replacement of more than two hundred (200) lineal feet of a use permit holder's existing facilities in the public way;
C. Any reconstruction or replacement of facilities requiring more than one (1) working day to complete work in the public way;
D. Any construction, reconstruction, installation, maintenance, repair or new service orders in the public way requiring more than one (1) working day to complete; or
E. Any construction, reconstruction, installation, maintenance, repair or new service orders requiring the excavation of a public street.
(17) “New service orders” means the connection from the service provider's existing facilities on private property for the purpose of providing a new service to a customer in the City.
(18) “Other ways” means the highways, streets, alleys, public utility easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental entity other than the City.
(19) “Overhead facilities” means utility poles and wires, cables and other such equipment running between and on such poles, including the underground supports and foundations for such facilities.
(21) “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals and include their lessors, trustees and receivers.
(22) “Private facility” means the plant, equipment and property, including but not limited to, cables, fiber optics, wires, pipes, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no offer of service to the public.
(23) “Public street” means the paved and unpaved portion of any street, road, boulevard, drives, 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.
(24) “Public easement” means any easement under the jurisdiction and control of the City and acquired, established, dedicated or devoted for public purposes, including utility purposes.
(25) “Public way” means the surface and space above and below any real property in which the City has an interest in law or in equity, whether held in fee, or other estate or interest, or as trustee for the public, including but not limited to all public streets and public easements, as those terms are defined herein, sidewalks, tree lawns and other property, but only to the extent of the City's right, title, interest or authority to grant a permit or franchise to occupy and use such property for facilities.
(26) “PUCO” or “Public Utilities Commission of Ohio” means the State administrative agency, or lawful successor, authorized to regulate and oversee certain service providers and services in the State of Ohio.
(27) “Reconstruct”, “reconstruction”, etc. means substantial physical change to all or a portion of an existing facility or system involving construction in the public streets, public utility easements, or public ways.
(28) “Routine maintenance” means repair, upkeep, replacement or restoration of a use permit holder's existing facilities located in the public way that requires no more than one (1) working day to complete and is not an emergency.
(29) “Service” means the offering of utilities or telecommunications for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the facilities used.
(30) “Service provider” means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering service to the public within the City or outside of the City's boundaries.
(31) “State” means the State of Ohio.
(32) “Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by a service provider for a pole attachment.
(33) “Trenchless technology” means the use of directional boring, horizontal drilling and micro-tunneling and other techniques in the construction of underground portions of facilities that results in the least amount of disruption and damage to the public way as possible.
(34) “Underground facilities” means facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
(35) “Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO.
(36) “Use permit” has the meaning given to it in Section 913.04(a) of this chapter.
(37) “Utility easement” means any easement owned by a service provider and acquired, established, dedicated or devoted for the purpose of providing service to the public.
(Ord. 1999-48. Passed 10-12-99.)