903.01 DECLARATION OF FINDINGS AND PURPOSE, SCOPE, DEFINITIONS.
   903.01.1 Findings and Purpose.
   (a)   The City of Sharonville, 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.
   (b)   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.
   (c)   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.
   (d)   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.
   903.01.2 Definitions.
   For the purposes of Chapter 903 , 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.
   (a)   Applicant means any Person who seeks to obtain or renew a Certificate of Registration or Permit.
   (b)   Board of Zoning Appeals ("BZA '') means the Board of Zoning Appeals of the City of Sharonville, Ohio.
   (c)   Building Official means the Building Official of the City of Sharonville and the administrative head of the Department of Community Development.
   (d)   Department of Community Development means the Department of Community Development of the City of Sharonville, Ohio.
   (e)   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.
   (f)   Codified Ordinances means the Codified Ordinances of the City of Sharonville, Ohio.
   (g)   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 Right 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.
   (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 Right 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.
   (i)   Construction Bond means a bond posted to ensure proper and complete Construction, replacement and/or repair of a Facility and/or the affected Right of Way pursuant to a Permit.
   (j)   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 Right of Way over the next calendar year.
   (k)   County means Hamilton County, Ohio and Butler County, Ohio, as the case maybe.
   (l)   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.
   (m)   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 Right of Way between a Person's property and the street edge of pavement.
   (n)   Inspector means any Person authorized by the City to carry out inspections related to the provisions of this Chapter.
   (o)   Major Facilities means those Facilities defined as such in the Rules and Regulations adopted by the City Safety Service Director pursuant to Section 903.07.2 (b) herein.
   (p)   Minor Maintenance Permit means a permit as specified in Section 903.19 et seq. which must be obtained before a Person can perform Minor Maintenance, as set forth in Section 903.19 et seq., in or on the Rights of Way.
   (q)   Ohio Manual of Uniform Traffic Control Devices means the uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to O.R.C. § 4511.09.
   (r)   Ohio Utility Protection Service means the utility protection service as defined in O.R.C. §§ 153.64 and 3781.26 or its statutory successor.
   (s)   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.
   (t)   Permittee means any Person to whom a Construction Permit and/or a Minor Maintenance Permit has been granted by the City and not revoked.
   (u)   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.
   (v)   Provider means a Person who owns or operates a System. The City, City, or County, and cable television operators operating pursuant to a valid cable franchise shall also be considered Providers.
   (w)   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.
   (x)   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.
   (y)   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 City Safety Service Director), as its condition immediately prior to Construction. Restoration shall occur in accordance with the Rules and Regulations established by the City Safety Service Director and as amended from time to time.
   (z)   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, limited access right of way, 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.
   (aa)   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.
   (bb)   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 Mayor constitutes a Service.
   (cc)   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.
   (dd)   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.
   (ee)   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.
   (ff)   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 is available at all times to receive notice of, and immediately direct response to, System related emergencies or situations.
   (gg)   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.
   (hh)   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.
   (ii)   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.
   (jj)   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.
   (kk)   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 Right 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 Right 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 Right of Way of the City prior to the effective date of the FTA.
      (5)    It has historically provided one or more reasonable benefits to the municipality, and residents or businesses of the City prior to the effective date of the FTA. Such recognizable benefits include, but are not limited to the following:
         A.   Installation of utility poles that may be also used by other service providers.
         B.   Use of excess capacity of conduit or other facilities located in the right of way by municipalities or others.
         C.   Offering of essential services at affordable rates.
         D.   Contribution to maintenance of existing infrastructure.
         E.   Cooperation to permit, to a reasonable degree, new users to utilize the existing infrastructure, for a commercially reasonable charge, in a manner not inconsistent with the uses of the proposed Vested User.
         F.   Identification and documentation of the location of facilities within the Right of Way.
   (ll)   City Law Director means the City Law Director and legal advisor to the City of Sharonville, Ohio.
(Ord. 2001-49-E. Passed 8-28-01; Ord. 2015-36. Passed 9-8-15.)