For the purpose of this chapter the following words shall have the following meanings:
(a) “Appurtenances” means transformers, switching boxes, gas regulator stations, terminal boxes, meter cabinets, pedestals, junction boxes, handholes substations, system amplifiers, power supplies, pump stations, manholes, valves and valve housings and other devices that are necessary to the function of electric, communications, cable television, water, sewer, storm water, natural gas and other utilities and services.
(b) "City" means the City of Norwood, Hamilton County, Ohio.
(c) "Service/Safety Director" means the Service Director or the combined position of Service/Safety Director of the City or his/her authorized representative.
(d) “Common User” means an entity that shares existing facilities located in Public Rights-of-Way which are owned or operated by another entity.
(e) "Contractor" means a person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, or add to any improvements covered by this chapter, that requires work, workers, and/or equipment to be in the Public Right-of-Way in the process of performing the above named operations.
(f) "Degradation" means a decrease in the useful life of the Public Right-of-Way or damage to any landscaping or other improvements within the Rights-of -Way caused by excavation in or disturbance of the Right-of-Way, resulting in the probable need to reconstruct the surface and/or subsurface structure of such Right- of-Way earlier than would be required if the excavation or disturbance did not occur, or which causes damage to landscaping or other improvements.
(g) "Developer" means the person, partnership, corporation, or other legal entity who is improving or subdividing a parcel of land within the City and who is legally responsible to the City for the construction of improvements within a subdivision or as a condition of a building permit.
(h) "Duct" or "Conduit" means a single enclosed raceway for cables, Fiber Optics or other wires, or a pipe or canal used to convey fluids or gases.
(i) "Emergency" means any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged electrical and communications facilities, and advanced notice of needed repairs is impracticable under the circumstances.
(j) Excess Capacity means ducts, conduits or raceways in addition to the raceways that are identified as dedicated to the present or future occupancy in the application of an Applicant or Permittee.
(k) “Excavate” means to dig or drill into or in any way remove or penetrate any part of a Right-of-Way.
(l) "Facilities" means, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, street lights, ducts, fixtures and appurtenances and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utility and other services.
(m) "Fence" means any artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials erected to enclose partition, beautify, mark, or screen areas of land.
(n) "Infrastructure" means any public facility, system, or improvement including, without limitation, water and sewer mains and appurtenances, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, sidewalks, and public safety equipment.
(o) "Landscaping" means materials, including without limitation, grass, ground cover, shrubs, vines, hedges, or trees and non-living natural materials commonly used in landscape development, as well as attendant irrigation systems.
(p) "Permit" means any authorization for use of the public rights of way granted in accordance with the terms of this ordinance, and the laws and policies of the City.
(q) "Permittee" means the holder of a valid Permit issued pursuant to this Chapter.
(r) "Public Right-of-Way" or "Right-of-Way" or "public way" means the surface of and the space above and below any public street, way, place, alley, sidewalk, easement, park, square, plaza, controlled by the City. This does not mean private ways, not controlled by the City.
(s) "Specifications" means engineering regulations, construction specifications, and design standards adopted by the City.
(t) “Structure” means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies, and canopies.
(u) Vested Permittee means an entity that meets all of the following criteria:
(1) It established a course of dealing with the City regarding the installation and maintenance of facilities in the Public Rights-of-Way prior to the effective date of the Federal Telecommunications Act of 1996 (FTA).
(2) It has provided essential services to residents and businesses of the City prior to the effective date of the FTA.
(3) It has demonstrated a high degree of responsibility while working in the Public Rights-of-Way, evidenced by concern for safety, minimizing disruption of traffic, mitigation of the degradation of paved surfaces and preservation of access to private property; and
(4) It has located substantial facilities in the Public Rights-of-Ways of the City prior to the effective date of the FTA.
(v) "Work" means any labor performed on, or any use or storage of equipment or materials, including but not limited to, construction of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, and traffic signal devices within a Right-of- way. It shall also mean excavation, construction, maintenance, or repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire, or any other structure located below surface, and installation of overhead poles or facilities attached to any above ground structure used for any purpose with a Right-of-Way. (Ord. 14-2002. Passed 1-8-02.)