For the purposes of this Chapter and Sections 1180.01 through 1180.21, the following words and phrases shall have the following meanings ascribed to them respectively, regardless of whether or not the words and phrases are capitalized and are hereby incorporated into the standards and right of way requirements:
(a) Affiliate. Each person who falls into one (1) or more of the following categories:
(1) Each person having, directly or indirectly, a controlling interest in a provider,
(2) Each person in which a provider has, directly or indirectly a controlling interest,
(3) Each officer, director, general partner, limited partner or shareholder holding an interest of fifteen percent (15%) or more, joint venturer or joint venture partner, of a provider, and
(4) Each person, directly or indirectly, controlling, controlled by, or under common control with the provider; provided that affiliate shall in no event mean any limited partner or shareholder holding an interest of less than fifteen percent (15%) of such provider, or any creditor of such provider solely by virtue of its status as a creditor and which is not otherwise an affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with, such provider.
(b) Applicant. Any person who seeks to obtain a certificate of registration and/or a permit.
(c) Application. The process by which an applicant submits a request to obtain certificate of registration and/or a permit.
(d) Application fee. The fee paid to the City for application for a Certificate of Registration.
(e) Bankruptcy Act. The regulations promulgated by Title 11 of the United States Code.
(f) Best effort(s). 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, traffic congestion, ongoing maintenance, pavement and sidewalk concerns, and cost.
(g) Cable Franchise. Has the same meaning as "franchise" in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(h) Cable operator. Has the same meaning as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(i) Cable service. Has the same meaning as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(j) Certificate of registration. The document issued to each provider and its unique system to occupy the rights-of-way within the City that outlines the terms of that occupancy of the rights-of-way.
(k) City. The City of Maumee, Ohio.
(l) City Council. The governing body of the City.
(m) City Administrator. The administrator of the municipal government known as the City of Maumee, Ohio.
(n) Collocation or collocate means to install, mount, maintain, modify, operate, or replace wireless facilities or lines on or adjacent to a wireless support structure or utility pole.
(o) Construct. Shall mean, but not be limited to, 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, 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.
(p) Construction. Shall mean, but 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, 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.
(q) Construction Bond. A bond posted to ensure proper and complete construction and/or repair of a facility and the affected rights-of-way pursuant to a permit.
(r) 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. The maps required shall be drawn on a City of Maumee base and include streets, curbs, sidewalks, trees, or any other structures and include dimensions and elevations.
(s) Construction permit. The permit which must be obtained before a person may construct in, locate in, occupy, maintain, move, or remove facilities from, in or on a right-of-way.
(t) County. Lucas County, Ohio (except for the purpose of the provision of sewer and water service within or through the City). County specifically excludes any and all contractors, agents or other persons acting on behalf of said county.
(u) Credible. Worthy of being believed.
(v) Design Guidelines-Creating a Quality Environment. The design standards set forth in the Maumee Ohio codified Ordinances or this Code provision. The standards in this code provision shall require co-location of arial power, optic fiber, cable, phone, or other attachments to poles and any costs for co-location shall be paid by applicant and shall require placement of power, cable, optic fiber, phone, or other related cables to be installed below the surface by the least disruptive means. No additional structures or poles shall be placed in the right of way without a prior permit.
(w) Service Department. The Service Department of the City.
(x) Director of Service. The Director of the Service Department, Capital Projects manager, or his or her designee.
(y) Emergency. A condition that poses a clear and immediate danger to life or health, or of a significant loss of property.
(z) Facility(ies). Any tangible thing located in any rights-of-way within the City; but shall not include 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.
(aa) FCC. The Federal Communications Commission, or any successor thereto.
(bb) Full. Unable to accommodate any additional facilities as determined by the Director of Service in accordance with the principles of public health, safety, and welfare, following a reasonable analysis taking into consideration: all applicable law; commonly accepted industry standards; traffic issues; sidewalk and pedestrian access; and routine engineering practices.
(cc) In. When used in conjunction with rights-of-way, means in, on, above, within, over, below, under or through a right-of-way.
(ee) Law. Any local, state and/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 Sections 1180.01 through 1180.21 or at any time during the location of, and/or while a provider's facilities are located in the public rights-of-way.
(ff) Minor maintenance permit. A permit, which must be obtained before a person can perform minor maintenance in or on the rights-of-way.
(gg) Ohio Manual of Uniform Traffic Control Devices. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to Ohio R.C. § 4511.09.
(hh) O.R.C. The Revised Code of the State of Ohio.
(ii) Ohio Utility Protection Service. The utility protection service as defined in Ohio R.C. § 153.64 and/or § 3781.26 or a statutory successor thereto.
(jj) Open video service. Any video programming services provided to any person through the use of rights-of-way, which person is certified by the FCC to operate an open video system pursuant to § 651 et seq. of the Telecommunications Act of 1996 (codified at 47 U.S.C. Title VI, Part V), regardless of the facilities used.
(kk) Permit. A construction permit, a minor maintenance permit or a special privilege permit, as the context requires.
(ll) Permit cost. All direct, incidental, and indirect costs actually incurred or realized by the City for permit issuance, permit oversight, inspections and pavement degradation resulting from construction activity.
(mm) Permit fee. Money paid to the City for a permit to construct in the rights-of-way as required by this Code.
(nn) Permitee. Any person to whom a construction permit, minor maintenance permit and and/or special privilege permit has been granted by the City and not revoked.
(oo) Person. Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, limited liability company, a sole proprietorship, a political subdivision, a trust, trustee,a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
(pp) Plan Board. The Planning Commission of the City of Maumee
(qq) Provider. A person who owns or operates a system and has a valid certificate of registration. The city, county and cable television operators operating pursuant to a valid Cable Franchise, shall also be considered providers.
(rr) PUCO. The Public Utilities Commission of Ohio as defined in Ohio R.C. § 4901.02.
(ss) R.C.O.M. The Codified Ordinances of the City of Maumee.
(tt) Registration maintenance fee. The money paid to the City to maintain a certificate of registration and compensate the City for all actual costs incurred by the City in the management, administration, and control of the rights-of-way of the City, and which are not reasonably recoverable by the City through construction permit fees or other approved recovery mechanisms.
(uu) Removal Bond. A bond posted to ensure the availability of sufficient funds to remove a provider's facilities upon abandonment or disuse, or discontinuance of a provider's use or occupation of the rights-of-way.
(vv) Restoration. The process and the resultant effects by which a right-of-way is returned to a condition as good as or better than its condition immediately prior to the construction, including as applicable, appearance; dimensions; grade, quality and size; and landscaping including turf and soil. Restoration shall occur in accordance with the Rules and Regulations for Making Openings in a Public Way as amended from time to time. Complete repaving or replacement of roads or sidewalks may be required by the City Administrator depending on the nature of the work performed and age of the pavement or concrete in an area that is excavated. Replacement of trees and shrubs shall also be required and shall comply with Maumee Codified Ordinances and regulations.
(ww) Right(s)-of-way. The surface and space in, above, within, over below, under or through any real property in which the City 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 City that, 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 shall not include buildings, parks, or other public property or 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.
(yy) Rules and regulations for making openings in a public way. The rules and regulations governing the making and restoration of openings in streets, alleys, sidewalks, public ways, or places of the city as set forth in the Maumee Codified Ordinances and currently on file in the Service Department.
(zz) Service(s). The offering of any service for a fee directly to the public, or to such classes of users as to be effectively available directly to the public.
(aaa) Special privilege permit. The permit for special licenses and privileges that must be obtained from the Director of Service pursuant to this Chapter.
(bbb) 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.
(ccc) Surety fund. A formal pledge made to secure against loss, damage, or default.
(ddd) System. Any system of conduit, cables, ducts, pipes, wires, lines, towers, antennae wave guides, optic fiber, microwave, laser beams and any associated converters, equipment or facilities or utilities designed and constructed for the purpose of producing, receiving, amplifying, delivering, or distributing services within the City. A system shall specifically include, but not necessarily be limited to electric distribution and/or transmission systems, natural or artificial gas distribution and/or transmission systems, water distribution systems, storm sewer systems, sanitary sewer systems, cable television systems, telecommunications systems (whether voice, video, data, or other), fiber optic systems, wireless communications systems, and transit electrification systems.
(eee) System representative. The specifically identified agent/employee of a provider who is authorized to direct field activities of that provider and serve as official notice agent for system related information. Any such system representative shall be required to be available at all times to receive notice of and immediately direct response to system related emergencies or situations.
(fff) Transfer. The disposal by the provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of fifty-one percent (51%) or more at one time of the ownership or controlling interest in the system, or fifty-one percent (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.
(ggg) Trenchless technology. Shall mean, but not be limited to, the use of directional boring, horizontal drilling, micro tunneling, evacuation 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.
(hh) Underground facility(ies). All lines, cables, conduits, pipes, posts, tanks, vaults, and any other facilities which are located wholly or partially underneath rights-of-way.
(iii) Unused facility(ies). Facilities located in the rights-of-way which have remained unused for six (6) months and for which the provider is unable to provide the City with a credible plan detailing the procedure by which the provider intends to begin actively using such facilities within the next six (6) months, or that it has a potential purchaser or user of the facilities who will be actively using the Facilities within the next six (6) months, or that the availability of such facilities is required by the provider to adequately and efficiently operate its system.
(jjj) Utility(ies). Any water, sewer, gas, drainage, sprinkler or culvert pipe and any electric power, telecommunication, signal, communication, or cable television conduit, fiber, wire, trackless trolley wires, cable, or operator thereof.
(kkk) Utility corridor(s). Those specific areas of the rights-of-way designated as such by the Director of Service.
(lll) Working day. Any Monday, Tuesday, Wednesday, Thursday, or Friday, but excluding legal holidays observed by the City.
(Ord. 051-2022. Passed 12-5-22.)