For purposes of this Chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings:
(a) "Applicant" means any Person who seeks to obtain or renew a Certificate of Registration or Permit.
(b) "Application" means the process by which an Applicant submits a request to obtain a Certificate of Registration or Permit.
(c) "Certificate of Registration" means the document that may be issued to a Provider and its unique System that allows Permitting of the Provider and its unique System.
(d) "City" means the City of Moraine, Ohio
(e) "City Manager" means the City Manager of the City of Moraine, Ohio or his/her designee.
(f) "City Property" means and includes all real property owned by the City, other than Public Streets and Utility 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 construction permits as provided in this Chapter.
(g) "Construct" means, but shall not be limited to, 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 Rights of Way.
(h) "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 Rights of Way.
(i) "Construction Bond" means a bond posted with the City to ensure proper and complete Construction, replacement and/or repair of a Facility and/or the effected Rights of Way pursuant to a Permit.
(j) "Construction Cost" means the cost of installation, materials, engineering costs, and other incidental expenses and fees required for the Construction, repair, or replacement of real and/or personal property or Facilities effected by Construction in the Rights of Way.
(k) "Construction Plan" means 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.
(l) "County" means any County providing sewer and water service within the City but excludes contractors, agents or other Persons acting on behalf of said County.
(m) "Credible" means worthy of being believed.
(n) “City Engineer” means the City Engineer of the City of Moraine, Ohio or his/her designee.
(o) "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.
(p) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of the Right-of-Way, except horticultural practices to a depth of less than twelve (12) inches.
(q) "Facility" or "Facilities" means the plant, equipment and property, including but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, mains, plants and other appurtenances located under, on or above the surface of the ground within the Right-of-Way of the City, but does not include boulevard plantings, ornamental plantings, or gardens planted or maintained in the Right of Way between a Person's property and the street edge of pavement.
(r) "FCC" means the Federal Communications Commission, or any successor thereto.
(s) "Full" means unable to accommodate any additional Facilities:(1) In light of applicable standards and using current engineering practices as determined by the City Engineer; or (2) Without negatively impacting the public health, safety and welfare; or (3) Without violating any applicable Laws, Rules or Regulations.
(t) "In" when used in conjunction with Rights of Way, means in, on, above, within, over, below, under or through a Right of Way.
(u) "Inspector" means any Person authorized by the City Manager and/or his or her designee to carry out inspections related to the provisions of this Chapter.
(v) "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.
(w) "O.R.C." means the Revised Code of the State of Ohio.
(x) "Ohio Utility Protection Service" means the utility protection service as defined in O.R.C. §153.64 and 3781.26 or their statutory successor.
(y) "Open Video Service" means any video programming services provided by a Person through the 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 U.S.C. Title VI, Part V), regardless of the Facilities used.
(z) "Other Ways" means the highways, streets, alleys, utility easements or other Rights-of-Way with in the City, but under the jurisdiction and control of a government entity other than the City.
(aa) "Permit" means a Right-of-Way Permit unless otherwise specified.
(bb) "Permit Cost" means all direct, incidental, and indirect costs borne by the City for Permit issuance and Permit oversight.
(cc) "Permit Fee" means money paid to the City for a Permit to Construct in the Rights of Way.
(dd) “Permittee" or "Permit Holder" means any Person to whom a Right of Way Permit has been granted by the City and not revoked.
(ee) "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.
(ff) "Provider" means 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.
(gg) "PUCO" means the Public Utilities Commission of Ohio as defined in O.R.C. §4901.02.
(hh) "Public Street" means any highway, street, alley or other public Right-of-Way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes.
(ii) "Public Way" means Right-of-Way and includes all Public Streets and Utility Easements, as those terms are defined, now or hereafter owned by the City.
(jj) "Restoration" means the process and the resultant effects by which a Right of Way is returned to a condition as good or better than its condition immediately prior to Construction. Restoration shall occur in accordance with the Rules and Regulations established by the City Manager and/or his or her designee and as amended from time to time.
(kk) "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 street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, conduit or any other place, area, or real property used 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 approved by Law.
(ll) "Right(s) of Way Cost" means all direct, incidental and indirect costs borne by the City for management, administration and regulation of the Rights of Way and this Chapter.
(mm) "Right of Way Permit" means the Permit as specified in § 901.19 et. seq. of the Codified Ordinances which must be obtained before a Person may Construct in, locate in, occupy, maintain, move, or remove Facilities from, in, or on a Rights of Way.
(nn) "Rule(s) and Regulation(s)" means any rule and/or regulation adopted by the Director of Engineering and Environmental Services.
(oo) "Service(s) means 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.
(pp) "State" means the State of Ohio
(qq) "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.
(rr) "Surety Fund" means a formal pledge made to secure against loss, damage or default.
(ss) "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.
(tt) "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.
(uu) "Transfer" means 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 cumulatively fifty-one percent (51%) or more, 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.
(vv) “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.
(ww) "Underground Facilities" means all lines, cables, conduits, pipes, posts, tanks, vaults, wires and any other Facilities which are located wholly or partially underneath Rights of Way.
(xx) "Unused Facilities" means Facilities located in the Rights of Way which have remained unused for a period of twelve (12) months and for which the Provider is unable to:
(1) Provide the City with a Credible plan detailing the procedure by which the Provider intends to begin actively using such Facilities within the next twelve (12) months; or
(2) That it has a potential purchaser or user of the Facilities who will be actively using the Facilities within the next twelve (12) months; or
(3) That the availability of such Facilities is required by the Provider to adequately and efficiently operate its System.
(yy) "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.
(zz) "Utility Easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes.
(aaa) "Working Day" means any Monday, Tuesday, Wednesday, Thursday, or Friday excluding legal holidays observed by the City. Business Day shall have the same meaning as Working Day.
(Ord. 1697-08. Passed 1-24-08.)