(a) Findings and Purpose.
(1) The City of Mentor, Ohio (the "City") is vitally concerned with the use of all rights-of-way in the City as such rights-of-way are a valuable and limited resource which must be utilized to promote the public health, safety, and welfare including the economic development of the City.
(2) Changes in the public utilities and communication industries have increased the demand and need for access to rights-of-way and placement of facilities and structures therein.
(3) The right-of-way are acquired, constructed and maintained at a significant expense to the City's taxpayers.
(4) It is necessary to comprehensively plan and manage access to, and structures and facilities in, the rights-of-way to promote efficiency, discourage uneconomic duplication of facilities, lessen the public inconvenience of uncoordinated work in the rights-of- way, and promote the public health, safety, and welfare.
(5) The City has authority under the laws and constitution of the State of Ohio, including but not limited to Article 18, Sections 3, 4, and 7, to regulate public and private entities which use the rights-of-way.
(6) This Chapter does not take the place of any franchise, license, or permits which may be additionally required by law. Permittees and providers shall obtain any and all such additional franchises, licenses or permits necessary to the operations and conduct of its business.
(7) The goals of this chapter are to:
A. Promote the utilization of rights-of-way for the public health, safety and welfare and to promote economic development in the City;
B. Enhance the City's economic development programs;
C. Comply with the Telecommunications Act of 1996 and all applicable laws, rules and regulations;
D. Promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the residents at reasonable costs;
E. Promote coordination and standardization of municipal management of the occupancy or use of rights-of-way, and work therein, in order to minimize public inconvenience in the rights-of-way and avoid uneconomic, unneeded and unsightly duplication of facilities; and
F. To promote and require reasonable accommodation of all uses of rights-of-way and to establish the following priority of use of rights-of-way:
1. Use by the City shall have first priority;
2. Use by another governmental entity with City's concurrence, or other uses required by law shall have second priority;
3. Uses which include the collocation of facilities
4. Uses which include the construction of new facilities;
5. Uses occurring in Community Service, General Business, Interchange Service, Light Manufacturing, Heavy Manufacturing, Research and Development, and Industrial Park Districts or Zones and the like; and
6. Uses occurring in Single Family Residential, Multi-Family Residential, Village Green, Mobile Home, Conservation, Commercial Recreation, and Planned Unit Development Districts or Zones and the like.
City Manager may reasonably require rights-of-way Permittees to cooperate and accommodate uses by other Permittees, and the City Manager may alter these priorities when he reasonably determines a deviation to be in the public interest.
(b) Uses. The public rights-of-way are for the primary uses of vehicular and pedestrian traffic, and for the provision of essential public utility services, including potable water, storm and sanitary sewer, natural gas distribution, electricity distribution, and telecommunications. No public right-of-way may be used for purposes not otherwise explicitly permitted by law.
(c) Scope. The provisions of this Chapter shall apply to all users of the rights-of-way as provided herein except as provided in Chapters 907, 913, 919 and 925. To the extent that anything in this Chapter 931 conflicts with Chapters 907, 913, 919 and 925, the provisions of this Chapter 931 shall control except that provisions pertaining to routine maintenance of the right-of-way shall have priority over other activity permitted in this Chapter 931.
(d) Definitions. 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.
(1) "Applicant" means any person who seeks to obtain a Certificate of Registration or permit.
(2) "Application" means the process and format by which an applicant submits a request to obtain a Certificate of Registration or permit.
(3) "Block" means both sides of a street within a right-of-way, from major intersection to major intersection, at intervals of one hundred and fifty (150) lineal feet measured from the centerline intersection of the streets, but the initial one hundred and fifty (150) lineal feet shall not be part of a block. The short block between intersections shall be located at the midway point between two intersections.
(4) "Certificate of Registration" means the document issued to each provider and its unique system to occupy the rights-of-way within the City and outlines the terms of that occupancy of the rights-of-way.
(5) "City" means the City of Mentor, Ohio.
(6) "City Council" means the governing body of the City.
(7) "City Engineer" means the City Engineer of the City of Mentor, or his or her designee.
(8) "City Manager" means the City Manager of the City of Mentor, or his or her designee.
(9) "Codified Ordinances" means the Codified Ordinances of the City of Mentor, Ohio.
(10) "Collocation" means the mounting or installation of a facility onto an existing facility or supporting structure.
(11) "Construct" means, but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, and install wires, conduit, pipes, transmission lines, poles, signs, or facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the right-of-way.
(12) "Construction" means, but shall not be limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, as necessary for installing wires, conduit, pipes, transmission lines, poles, signs, or 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.
(13) "Construction Permit" means the permit as specified in Section 931.16 of this Chapter 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.
(14) "County" means Lake County or any county providing services within the City but excludes contractors, agents, or other persons acting on behalf of such county.
(15) "Credible" means worthy of being believed.
(16) "Department of Engineering/Building" means the Department of Engineering/Building of the City.
(17) "Emergency" means 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.
(18) "Facilities" means any tangible thing located in any rights-of-way within the City for the purpose of providing or facilitating utilities or services. This includes, but is not limited to, underground facilities and above ground facilities such as lines, cables, conduits, pipes, poles, posts, tanks, vaults, wires, and accompanying equipment or structures.
(19) "FCC" means the Federal Communications Commission, or any successor thereto.
(20) "Full" means unable to accommodate any additional facilities without negatively impacting public health and safety; or, without violating any applicable laws or rules and regulations; or as determined by the City Engineer.
(21) "In" means when used in conjunction with rights-of-way, means in, on, above, within, over, below, under or through a right-of-way.
(22) "Inspector" means any person authorized by the City to carry out inspections related to the provisions of this Chapter.
(23) "Law(s)" means 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.
(24) "Liability" means any of the following items, including those being contested in a court of law:
A. Any delinquent tax owed the state or a political subdivision of the state;
B. Any moneys owed the state or a state agency for the administration or enforcement of the environmental laws of the state; and
C. Any other moneys owed the state, a state agency, or a political subdivision of the state that are past due.
(25) "Ohio Manual of Uniform Traffic Control Devices" means the uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to Ohio R.C. 4511.09.
(26) "Ohio R.C." means the Revised Code of the State of Ohio.
(27) "Ohio Utility Protection Service" means the utility protection service as defined in Ohio R.C. 153.64 and 3781.26 or its statutory successor.
(28) "Open Video Service" means 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 651 et seq. of the Telecommunications Act of 1996 (codified at 47 USC Title VI, Part V), regardless of the facilities used.
(29) "Permit" means a construction permit unless otherwise specified.
(30) "Permit Cost" means all direct, incidental, and indirect costs borne by the City for permit issuance, permit oversight and any pavement degradation resulting from construction activity.
(31) "Permit Fee" means money paid to the City for a permit to construct in the rights-of-way.
(32) "Permittee" means any person to whom a construction permit has been granted by the City and not revoked.
(33) "Person" means 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.
(34) "Pole" means any earth mounted above ground tangible supporting structure in excess of ten (10) feet in height used for propagation of a utility service.
(35) "Political subdivision" means any county, municipal corporation, or township of the state.
(36) "Potholing" means excavating a small section or sections of a right-of-way to locate existing underground facilities.
(37) "Provider" means a person who owns or operates a system and has a valid Certificate of Registration. The City or County, and cable television operators operating pursuant to a valid cable franchise shall also be considered providers.
(38) "PUCO" means the Public Utilities Commission of Ohio, as defined in Ohio R.C. 4901.02.
(39) "Registration Maintenance Fee" means the money paid to the City to maintain a Registration Certificate and compensate the City for costs associated with rights-of-way management and administration.
(40) "Restoration" means 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 construction. Restoration shall occur in accordance with the rules and regulations established by the City Engineer and as amended from time to time.
(41) "Right(s)-of-Way" means the surface and space in, on, 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 or private 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 and/or established, 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. Zoning for any rights-of-way will apply to the zone adjacent to such rights-of-way.
(42) "Right(s)-of-Way Cost" means all direct, incidental and indirect costs borne by the City for the management, administration and regulation of the rights-of-way and this Chapter.
(43) "Rule(s) and Regulation(s)" means any rule and or regulation adopted by the City of Mentor.
(44) "Service(s)" means 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.
(45) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
(46) "Supplementary Application" means 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.
(47) "System" means 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 City.
(48) "System Representative" means 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.
(49) "Transfer" means the disposal by a 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 of such interests to a corporation, partnership, limited partnership, trust, or association, or person or group of persons acting in concert.
(50) "Unused Facilities" means facilities located in the rights-of-way which remain unused for twelve (12) consecutive months.
(51) "Utility(ies)" means 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.
(52) "Working Day" means any Monday, Tuesday, Wednesday, Thursday, or Friday excluding legal holidays observed by the City.
(Ord. 17-O-17. Passed 2-7-17.)