(a) Findings and Purpose.
(1) The City of North College Hill, 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) 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.
(4) 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.
(b) Scope. The provisions of this Chapter shall apply to all users of the Rights of Way as provided herein except as provided in Part Nine, Title One, Streets and Sidewalk Areas. To the extent that anything in this Chapter 923 conflicts with Part Nine, Title One, then the provisions of this Chapter 923 shall control.
(c) Definitions. For the purposes of Chapter 923, 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 or renew 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) Bankruptcy Act means the regulations promulgated by Title 11 of The United States Code.
(4) Best Efforts means 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, and cost.
(5) Board of Zoning Appeals means the Board of Zoning Appeals of the City of North College Hill, Ohio created by Chapter 1127.
(6) 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.
(7) City means the City of North College Hill, Ohio.
(8) City Council means the legislative governing body of the City.
(9) Clerk of Council means the duly appointed Clerk on the City Council of North College Hill, Ohio.
(10) Codified Ordinances means the Codified Ordinances of the City of North College Hill, Ohio.
(11) Confidential/Proprietary Information means all information that has been either identified or clearly marked as confidential/proprietary by the Provider prior to any submission. Upon receipt of such clearly marked Confidential/Proprietary Information from a Provider, the City shall endeavor, in accordance with the requirements of ORC Chapter 149 (The Ohio Public Records Act), to use all the same reasonable measures and exercise the same degree of care that the City uses to protect its own information of such a nature from disclosure to third parties. In the event that the City receives a request from a third party for disclosure of information a Provider has clearly marked as Confidential/Proprietary Information, then the City shall respond as required by ORC Chapter 149, but will attempt to use all reasonable means to notify the Provider as soon as possible.
(12) Construct means, but shall not be limited 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 Right of Way.
(13) 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 Right of Way.
(14) Construction Bond means a bond posted to ensure proper and complete Construction, replacement and/or repair of a Facility and/or the affected Rights of Way pursuant to a Permit.
(15) Construction Permit means the Permit as specified in Section 923.17 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.
(16) Construction and Major Maintenance 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.
(17) County means Hamilton County, Ohio.
(18) Credible means worthy of being believed.
(19) Department of Public Works means the Department of Public Works of the City.
(20) Director of Law means the Director of Law of the City of North College Hill, Ohio.
(21) Safety-Service Director means the Director of the Safety and Service Departments of the City of North College Hill, Ohio, or his or her designee.
(22) 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.
(23) Facilities means any tangible thing located in any Rights of Way within the City; but shall not include mailboxes, 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.
(25) Full means unable to accommodate any additional Facilities in light of applicable standards and using standard engineering practices as determined by the Safety-Service Director; or, without negatively impacting public health and safety; or, without violating any applicable Laws or Rules and Regulations.
(26) In, when used in conjunction with Rights of Way, means in, on, above, within, over, below, under or through a Rights of Way.
(27) Inspector means any Person authorized by the Safety-Service Director to carry out inspections related to the provisions of this Chapter.
(28) 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.
(29) Major Facilities means those Facilities defined as such in the Rules and Regulations adopted by the Safety-Service Director pursuant to Section 923.07(a)1 herein.
(32) O.R.C. means the Ohio Revised Code.
(34) 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 U.S.C. Title VI, Part V), regardless of the facilities used.
(35) Permit means a Construction Permit and/or a Minor Maintenance Permit unless otherwise specified.
(37) Permit Fee(s) means money paid to the City for a Permit to Construct and do Minor Maintenance in the Rights of Way.
(39) 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, whether for profit or not for profit.
(40) Provider means a Person who owns or operates a System. The City or County, and cable television operators operating pursuant to a valid cable franchise shall also be considered Providers.
(42) Registration Maintenance Fee means the money paid to the City to maintain a Certificate of Registration and compensate the City for costs associated with Rights of Way management and administration.
(43) Removal Bond means a bond posted to ensure the availability of sufficient funds to properly remove a Provider's Facilities upon abandonment, disuse, or discontinuance of a Provider's use or occupation of the Rights of Way.
(44) Restoration means the process and the resultant effects by which Rights of Way are returned to a condition at least as good, using the same materials (or other similar materials approved by the Safety-Service Director), as its condition immediately prior to Construction. Restoration shall occur in accordance with the Rules and Regulations established by the Safety-Service Director and as amended from time to time.
(45) 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 owned by or under the legal or equitable control of the City, now or hereafter, 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.
(46) 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.
(47) Rule(s) and Regulation(s) means any rule and or regulation adopted by the Safety-Service Director pursuant to Law.
(48) 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 that in the opinion of the Director constitutes a Service.
(49) Service Agreement means a valid service agreement, franchise agreement, or operating agreement issued by the City pursuant to Law and accepted by a Person, which allows such Person to operate or provide Utility service within the geographic limits of the City.
(50) 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.
(51) Surety Fund means a formal pledge made to secure against loss, damage, or default.
(52) 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.
(53) System Representative(s) means the specifically identified agent(s)/employee(s) of a Provider who are authorized to direct field activities of that Provider and serve as official notice agent(s) for System related information. Provider shall be required to make sure at least one (1) of its System Representatives available at all times to receive notice of, and immediately direct response to, System related emergencies or situations.
(54) 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 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.
(56) 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.
(57) Unused Facilities means Facilities located in the Rights of Way which have remained unused for twelve (12) 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 twelve (12) months, or 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, that the availability of such Facilities is required by the Provider to adequately and efficiently operate its System.
(59) Utility Corridor(s) means those specific areas of the Rights of Way designated as such by the Director of Public Service pursuant to Section 923.06(e) herein.
(60) Working Day means any Monday, Tuesday, Wednesday, Thursday, or Friday excluding legal holidays observed by the City.
(Ord. 24-2001. Passed 11-5-01.)