(a) The purpose and intent of this Chapter is to:
(1) Manage the Public Ways with regard to Service Providers and Services.
(2) Establish clear local guidelines and time frames for the exercise of local authority with respect to the regulation of Service Providers using the Village's Public Ways.
(3) Encourage the provision of advanced and competitive utility and telecommunications services on the widest possible basis to the businesses, institutions and residents of the Village;
(4) Permit and manage reasonable access to the Public Ways of the Village for utility and telecommunications service purposes on a competitively neutral basis.
(5) Conserve the limited physical capacity of the Public Ways held in public trust by the Village.
(6) Assure that the Village's current and ongoing costs of granting and regulating private access to and use of the Public Ways are fully paid by the Persons seeking such access and causing such costs.
(7) Reserve the right to secure fair and reasonable compensation to the Village and the residents of the Village on a competitively neutral and non-discriminatory basis for permitting private use of the Public Ways.
(8) Assure that all Service Providers providing Facilities or Services within or through the Village comply with the ordinances, rules and regulations of the Village.
(9) Assure that the Village can continue to fairly and responsibly protect the public health, safety and welfare.
(10) Enable the Village to discharge its public trust consistent with rapidly evolving federal and State regulatory policies, industry competition and technological development.
(b) For the purpose of this Chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) Affiliate means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another Person.
(2) Arterial Street means each Public Street designated as such in Appendix A.
(3) Cable Operator means a Person providing or offering to provide Cable Service within the Village as that term is defined in the Cable Communications Policy Act of 1984, codified at 47 U.S.C. § 532, et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, as each might be further amended.
(4) Capital Improvement means a valuable addition made to enhance the value or extend the useful life of facilities, including Construction, Reconstruction, installation, rehabilitation, renovation, improvement, enlargement and extension of Facilities, but not including ordinary or Routine Maintenance and repair.
(5) Village means the Village of Silver Lake, Ohio.
(6) Village Cost means the direct and indirect costs borne by the Village for pavement management, traffic management, risk management, financial management, cost recovery, infrastructure oversight, budget analysis, record keeping, legal assistance, systems analysis, application processing and checking, issuing Permits, inspecting job sites, creating and updating mapping systems, and performing all of the other tasks required by this Chapter, including other costs the Village may incur in managing the provisions of this Chapter.
(7) Mayor means the Village Mayor, or his or her designee.
(8) Village Property means and includes all real property owned by the Village, other than Public Streets and Public Easements as those terms are defined herein, and all property held in a proprietary capacity by the Village, which are not subject to Public Way permits and franchising as provided in this Chapter.
(9) Collector Street means each Public Street designated as such in Appendix A.
(10) Construct, Construction. etc. means to Excavate, obstruct or install wires, poles, signs or physical features, other than landscaping, In the Public Way.
(11) Emergency means an unforeseen occurrence or condition calling for immediate action.
(12) Excavation or Excavate means to dig into or in any way remove or physically disturb or penetrate any part of the Public Way.
(13) Excess Capacity means the volume or capacity in any existing or future duct, conduit, manhole, or other Facility In the Public Way that is or will be available for use for additional Facilities.
(14) Facilities or System means the plant, equipment and property, including but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground in the Public Ways of the Village and used or to be used to transmit, receive, distribute, provide or offer Services but also including Private Facilities.
(15) In, when used in conjunction with Public Way or Public Street, means over, above, in, within, on, below or under the Public Way.
(16) Major Construction Projects means the Construction, Reconstruction, installation, maintenance or repair of a Service Provider's Facilities in the Public Way, or any Excavation of a Public Way under any of the following circumstances:
A. The extension of a Service Provider's Facility in the Public Way in an area of the Village not currently serviced by that Service Provider. This does not include New Service Orders unless a Public Street will be Excavated;
B. The relocation or replacement of more than two hundred (200) lineal feet of a Use Permit Holder's existing Facilities In the Public Way;
C. Any Reconstruction or replacement of Facilities requiring more than one (1) working day to complete work in the Public Way;
D. Any Construction, Reconstruction, installation, maintenance, repair or New Service Orders In the Public Way requiring more than one (1) working day to complete; or
E. Any Construction, Reconstruction, installation, maintenance, repair or New Service Orders requiring the Excavation of a Public Street.
(17) New Service Orders means the connection from the Service Provider's existing Facilities on private property for the purpose of providing a new Service to a customer in the Village.
(18) Other Ways means the highways, streets, alleys, Public Utility Easements or other rights-of-way within the Village, but under the jurisdiction and control of a governmental entity other than the Village.
(19) Overhead Facilities means utility poles and wires, cables and other such equipment running between and on such poles, including the underground supports and foundations for such facilities.
(21) Person means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals and include their lessors, trustees and receivers.
(22) Private Facility means the plant, equipment and property, including but not limited to, cables, fiber optics, wires, pipes, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute or provide telecommunications or other Services between or among private buildings or facilities where there is no offer of service to the public.
(23) Public Street means the paved and unpaved portion of any street, road, boulevard, drives, highway, freeway, parkway, lane court, alley or other public right-of-way in which the Village has an interest in law or equity and which has been acquired, established, dedicated or devoted to street Purposes.
(24) Public Easement means any easement under the jurisdiction and control of the Village and acquired, established, dedicated or devoted for public purposes, including utility purposes.
(25) Public Way means the surface and space above and below any real property in which the Village has an interest in law or in equity, whether held in fee, or other estate or interest, or as trustee for the public, including but not limited to all Public Streets and Public Easements, as those terms are defined herein, sidewalks, treelawns and other property, but only to the extent of the Village's right, title, interest or authority to grant a permit or franchise to occupy and use such property for Facilities.
(26) PUCO or Public Utilities Commission of Ohio means the State Administrative agency, or lawful successor, authorized to regulate and oversee certain Service Providers and Services in the State of Ohio.
(27) Reconstruct, Reconstruction, etc. means substantial physical change to all or a portion of an existing Facility or System involving Construction In the Public Streets, Public Utility Easements, or Public Ways.
(28) Routine Maintenance means repair, upkeep, replacement or restoration of a Use Permit Holder's existing Facilities located In the Public Way that requires no more than one (1) working day to complete and is not an Emergency.
(29) Service means the offering of utilities or telecommunications for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the Facilities used.
(30) Service Provider means and includes every Person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the Village, used or to be used for the purpose of offering Service to the public within the Village or outside of the Village's boundaries.
(31) State means the State of Ohio.
(32) Surplus Space means that portion of the Usable Space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by a Service Provider for a pole attachment.
(33) Trenchless Technology means the use of directional boring, horizontal drilling and micro-tunneling and other techniques in the Construction of underground portions of Facilities that results in the least amount of disruption and drainage to the Public Way as possible.
(34) Underground Facilities means Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.
(35) Usable Space means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO.
(36) Use Permit has the meaning given to it in Section 723.02(a) of this Chapter.
(37) Utility Easement means any casement owned by a Service Provider and acquired, established, dedicated or devoted for the purpose of providing Service to the public.
(c) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Chapter shall apply and be controlling over each Service Provider engaged in the business of transmitting, supplying or furnishing of Services originating, passing through, or terminating in the Village.
(d) Use Permits. Except as otherwise provided by this Chapter, any Person who desires to Construct, Reconstruct, install, operate, maintain or otherwise locate Facilities In any Public Way of the Village for the purpose of providing Service to Persons or areas in the Village, areas outside the Village, or both, shall first obtain a Use Permit permitting the use of such Public Ways pursuant to Section 723.02
of this Chapter.
(e) Annual Registration. Except as otherwise provided by this Chapter, any and all Persons who have a Use Permit from the Village, or the equivalent thereof as provided in this Chapter, to Construct, Reconstruct, install, operate, maintain or otherwise locate Facilities in any Public Way of the Village shall register annually with the Village, on a form provided by the Village, pursuant to Section 723.03
of this Chapter.
(f) Private Facilities. Persons who wish to use any Public Way of the Village for Private Facilities shall first obtain a Use Permit, register pursuant to Section 723.03
and obtain a Construction Permit (if applicable). The applicant shall comply with Section 723.02
(b) "Use Permit Application" of this Chapter and, upon receiving a Use Permit, shall comply with all provisions of Section 723.05,
"Construction Standards," of this Chapter.
(g) Cable Television Franchise. Any Person who desires to Construct, Reconstruct, install, operate, maintain or locate Facilities In any Public Way of the Village for the purpose of providing Cable Service to Persons in the Village shall first obtain a cable television franchise from the Village as provided in Section 723.07
of this Chapter.
(h) Application to Existing Franchise Ordinances and Agreements. For purposes of this Chapter, a franchise ordinance or agreement shall be deemed a Use Permit authorizing the Franchisee's use of the Public Way to the extent described in the franchise agreement or ordinance. The Franchisee's use of the Public Way beyond that authorized by the franchise agreement or ordinance shall require a Use Permit for such additional use. Franchisees shall comply with the Registration provisions and Construction Standards to the extent that the provisions of this Chapter do not directly conflict with the franchise agreement or ordinance. If there is a conflict between the franchise agreement or ordinance and the provisions of this Chapter, the franchise agreement or ordinance shall control.
(i) Exemption for Village-Owned or Operated Facilities. Nothing in this Chapter shall be construed to apply the provisions of this Chapter to Facilities owned or operated by the Village or any of its operations.
(j) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent Jurisdiction, said decision shall not affect tile validity of the remaining portions hereof. (Ord. 98-2000. Passed 10-16-00.)