The following definitions apply to this chapter. References herein to "sections" are, unless otherwise specified, references to sections of this chapter.
“ANNUAL GENERAL PERMIT.” A permit issued annually by the Division to perform the following types of activities within the right-of-way in locations other than high-density utility areas:
(1) Installation or replacement of wiring on existing poles, towers, and support structures;
(2) Repair, replacement or maintenance of existing above-ground facilities, including poles, towers, and support structures, in the same location with no street, curb, apron, or sidewalk cuts, provided any replacement facilities are not more than twenty percent (20%) larger in size than the existing facilities;
(3) Excavations of existing facilities of up to twenty-five (25) square feet with no street, curb, apron or sidewalk cuts, with the exception of divisions (4) and (5) immediately following;
(4) Installation of new underground lines in trenches of less than two hundred fifty (250) linear feet with a width of six (6) inches or less and with no street, curb, apron or sidewalk cuts;
(5) Installation of new underground lines in trenches of less than fifty (50) linear feet with a width of twenty-four (24) inches or less and with no street, curb, apron or sidewalk cuts;
(6) Any underground boring, except borings larger than three (3) inches in diameter which are performed in locations under a street, curb, apron or sidewalk; or
(7) Any work performed inside existing conduits.
The annual general permit does not cover the installation of any facility that is not listed above. The permittee shall be required to provide daily notifications to the division as further provided in § 53.21(A). Any activity with respect to facilities in the right-of-way that is not listed above or otherwise exempted under this chapter shall require that either an installation permit or surface cut permit, as appropriate, be obtained prior to performing the activity.
“CITY.” The City of Mt. Washington, a city and political subdivision of the Commonwealth of Kentucky.
“COMMUNICATIONS FACILITY.” Means, collectively, the equipment at a fixed location or locations within the public right-of-way that enables communication between user equipment and a communications network, including:
(1) Radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and
(2) All other equipment associated with the foregoing. The term does not include the pole, tower, or support structure to which the equipment is attached.
“COUNCIL.” The legislative body of the city.
“DEGRADATION.” A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.
“DIRECTOR.” The Director of the city's Division of Public Works, or his/her designee, unless otherwise specified.
“DIVISION.” The city's Division of Public Works.
“EMERGENCY.” A situation when placement or maintenance of facilities is needed to be undertaken immediately because of a danger to human life or health or of significant damage to property, including, but not limited to, unanticipated leaks, interruptions or reductions in existing services, or other situations defined as being emergency or dangerous conditions pursuant to federal, state or local law. The installation of facilities that only serve to expand existing service or provide new service shall not be considered an emergency.
“EXCAVATE OR EXCAVATION.” To dig into or in any way remove or physically cut, disturb or penetrate any part of a right-of-way.
“FACILITY OR FACILITIES.” Any tangible asset in the right-of-way, including, but not limited to, equipment and apparatus such as pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, pole, tower, or support structure, or ducts, required, necessary, used or useful in the provision of utility or other services.
“GREENWAY.” Any area designated as a greenway in the comprehensive plan, as amended.
“HIGH-DENSITY UTILITY AREAS.” Geographic areas in which significant issues exist with respect to the location of facilities because of space or density issues in the right-of-way. The Council, through the adoption of a resolution or ordinance, may add or delete geographic areas that constitute high-density utility areas upon the recommendation of the Director. Prior to the consideration of change in the scope of the high-density utility areas by the Council, all registrants shall be notified by the city, and an attempt to reach a consensus on the scope of the change shall be made.
“INSTALLATION PERMIT.” A permit issued by the Division to perform any construction, installation, repair, replacement or maintenance of facilities in the right-of-way that is not covered by an annual general permit or a surface cut permit.
“LESSEE.” A person who provides services within the city of Mt. Washington solely by leasing facilities and who has no control over what or where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored, or otherwise used.
“PARTY OR PERSON.” 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.
“POLE.” A utility, lighting, or similar pole made of wood, concrete, metal, or other material, located or to be located within a right-of-way. The term does not include a tower or support structure.
“PUBLIC UTILITY OR UTILITY.” A party that is defined in KRS Ch. 278 as a utility and: (i) is subject to the jurisdiction of the Kentucky Public Service Commission, the FCC, or the Federal Energy Regulatory Commission; or (ii) is required to obtain a franchise from the city to use and occupy the right-of-way pursuant to Sections 163 and 164 of the Kentucky Constitution.
“REGISTRANT.” Any party filing a registration statement required by this chapter.
“RESELLER SERVICE PROVIDER.” Person who provides services within the City of Mt. Washington solely by reselling services and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
“RIGHT-OF-WAY.” The surface of and the space above and below a public roadway, highway, street, freeway, lane, path, sidewalk, alley, court, boulevard, avenue, parkway, cartway, bicycle lane or path, public sidewalk, or easement held by the city for the purpose of public travel and shall include right-of-way as shall be now held or hereafter held by the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. The right-of-way shall not include greenways, and the ability to install facilities in a greenway shall require separate approval pursuant to the appropriate governmental legislation or regulation.
“SMALL WIRELESS FACILITIES.” Wireless facilities that meet each of the following conditions:
(1) The facilities are mounted on poles, towers, or support structures fifty-five (55) feet or less in height including their antennas;
(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three (3) cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any associated equipment on the structure, including collations, is no more than fifteen (15) cubic feet in volume, cumulatively. The following types of associated, ancillary equipment are not included in the calculation of equipment volume: electric meter, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for connection of power and other services;
(4) The facilities do not require antenna structure registration under federal law;
(5) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards provided in federal law; and
(6) Small wireless facilities do not include poles, towers, or support structures.
“SUPPORT STRUCTURE.” A structure in the public right-of-way other than a pole or a tower to which a wireless facility is attached at the time of the application for an installation permit.
“SURFACE CUT PERMIT.” A permit issued by the Division to excavate, dig or cut into and through a paved street surface within the right-of-way or to bore, dig or tunnel under such a paved street surface except as authorized by an annual general permit.
“TARIFF.” The internal regulations or guidelines of the utility industry as promulgated or adopted by the Kentucky Public Service Commission or the Federal Communications Commission.
“TOWER.” Any structure in the public right-of-way built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.
“WIRELESS FACILITY.” A communications facility that enables wireless services, but does not include: (i) the support structure, tower, or pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one (1) example of a wireless facility.
“WIRELESS SERVICES.” Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.
(Ord. 2020-07, passed 6-8-20)