Defined terms remain defined terms whether or not capitalized. As used in this chapter:
(a) "Applicant" means any person requesting consent to excavate or obstruct a public right-of-way, or to install facilities or equipment in a public right-of-way within the City.
(b) "Cable operator" has the meaning set forth in Ohio R.C. 4939.01(A).
(c) "City" means the City of Streetsboro, Portage County, Ohio.
(d) "Emergency" means a condition that poses a clear and immediate danger to life or health, or of a significant loss of property, or requires immediate repair or replacement to restore service to a customer.
(e) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
(f) "Excavation permit" means the permit that must be obtained before a person may excavate a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit and to place or repair equipment described in the permit, to the extent and for the duration specified in the permit.
(g) "Excavation permit fee" means money paid to the City by an applicant to cover the administrative costs of such permit and inspection time.
(h) "In" (when used in conjunction with right-of-way) means over, above, in, within, on or under a right-of-way.
(i) "Install" means to permanently place any tangible thing by means of direct burial, anchoring or affixing such equipment to a foundation, or attaching said tangible thing to existing poles, towers or other structures.
(j) "Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
(k) "Obstruction permit" means the permit that must be obtained before a person may obstruct a right-of-way. An obstruction permit allows the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein.
(l) "Obstruction permit fee" means money paid to the City by an applicant to cover the administrative costs of such permit and inspection time.
(m) "Occupy or use" means, with respect to a public right-of-way, to install a tangible thing in a public way for any purpose, and to construct, operate, repair, position, and maintain said tangible thing indefinitely.
(n) "Permit to Install" means a permit issued by the City Engineer to install a tangible thing in the public right-of-way.
(o) "Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City.
(p) "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, limited liability company, a sole proprietorship, a political subdivision, other than the City of Streetsboro, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity that has installed or seeks to have equipment located install a tangible thing in any right-of-way.
(q) "Project" means the activity of the Applicant or its contractor to obstruct, excavate in, or install facilities and equipment in the public right-of-way.
(r) "Public utility" has the meaning set forth in Ohio R.C. 4939.01(D).
(s) "Public Utility Services" means the services identified in R.C. §4905.03 and associated with each of the respective public utility types identified therein, unless excluded by R.C. §4905.02, to the extent such services are provided to end users on a common carrier or universal access basis.
(t) "Restoration bond" means a performance bond, letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in both a timely and quality manner.
(u) "Restore" or "restoration" means the process by which an excavated right-of- way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work.
(v) "Right-of-way," "public right-of-way" and "public way" means the surface of, and the space within, through, on, across, above and below a public roadway, highway, street, sidewalk, bicycle lane, or other land owned by the City by operation of R.C. §711.07 or otherwise and dedicated to public use.
(w) "Right-of-way permit" means i) an excavation permit, ii) an obstruction permit, or iii) a permit to install, depending on the context.
(x) "Supplementary application" means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.
(y) "Technically necessary" means, with respect to the installation of facilities and equipment, that the services to be provided through such facilities and equipment cannot, for sound engineering reasons, be provided unless the facilities are sited in the public right-of-way. The need to pay private property owners for siting locations does not give rise to a technical necessity to site facilities and equipment in the public right-of-way.
(z) "Facilities and equipment" includes, but is not limited to lines, poles, wires, cables, pipes, valves, pumps, vaults, pedestals, splice or switch cabinets, conduits, ducts, transformers, radio receivers, transmitters, antennas, cellular telephone towers, small cellular base stations, repeaters, power supplies, and any other structures, appurtenances, devices or equipment generally associated with the provision of water, sewer, gas, electric, telephone, telecommunications or cable television services.
(aa) "Universal access" means, with respect to public utility services, that the services are available to end users in some defined geographic area on a nondiscriminatory basis at publicly available rates.
(Ord. 2016-89. Passed 8-8-16.)