[Ord. No. 2009-32, 2009]
The following definitions apply in this Article. References
hereafter to "Sections" are, unless otherwise specified, references
to Sections in this Article. Defined terms remain defined terms whether
or not capitalized.
APPLICANT
Any person requesting permission to obstruct or construct
in a right-of-way.
APPLICATION
The process by which an applicant submits a request for permission
to obstruct or construct in the right-of-way.
BLOCK
That part of the public right-of-way that includes the area
from the property line to the parallel property line in width and
extending from the centerline of an intersecting street to the centerline
of the next intersecting street in length or five hundred (500) feet,
whichever is less.
CITY
The City of Pine Lawn, Missouri.
CITY COST
The direct and indirect costs borne by the City for the administration
of this Article.
CONSTRUCT
To excavate, repair, rehabilitate, maintain and install sanitary
sewers, water mains, fire hydrants, valves, meters, manholes, service
lines and connections, gas mains, telephone and electrical conduit
and their miscellaneous service lines and connections, telecommunications
facilities, cables, wires, lines, wave guides, antennas and other
equipment or facilities, pedestals and service cabinets, poles, guy
wires, storm drains, manholes, inlets, catch basins, irrigation systems,
driveways, sidewalks, pavement extensions, curbs, walks, steps, building
canopies, balconies, overhead walkways and temporary detour pedestrian
walkways on, above or under part of the right-of-way, provided however,
that "construct" shall not mean installation, repair, rehabilitation
or maintenance of facilities that do not involve excavation of any
portion of the right-of-way.
CONSTRUCTION BOND
A bond posted to ensure proper and complete construction
and/or repair of a permitted facility pursuant to a permit as determined
by the City. Construction standards for miscellaneous construction,
utility excavation and right-of-way and pavement restoration (construction
standards) means the compilation of provisions and requirements that
provide the technical specifications and details for the construction
of facilities in the right-of-way (see Appendix B to this Article).
DEPARTMENT INSPECTOR
Any person authorized by the City to carry out inspections
related to the provisions of this Article.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health or of a significant loss of property or utility service.
"Emergency" also includes requests for service which the applicant
deems urgent and can be classified as small project types A and B.
EXCAVATION
Any work in the surface or subsurface of the public right-of-way
including, but not limited to, opening the right-of-way, installing,
servicing, repairing or modifying facilities in or under the surface
or subsurface and restoring the surface and subsurface of the public
right-of-way.
FACILITIES
Any tangible thing located in any right-of-way, but shall
not include boulevard plantings or gardens planted or maintained in
the right-of-way between a person's property and the street edge of
pavement.
GEOTECHNICAL ENGINEERING COMPANY
A professional engineering company that provides soils engineering
and testing services, laboratory and field testing services, construction
material testing and possesses a certificate of authorization from
the State Board of Registration for professional engineers and land
surveyors.
IN
When used in conjunction with right-of-way means over, above,
in, within, on or under a right-of-way.
LANDSCAPE or LANDSCAPING
Trees, shrubs and other plantings of materials that are or
may grow to a height of eighteen (18) inches or more and irrigation
systems (in unpaved areas) in the right-of-way.
MAJOR PROJECT
Construction of water, sewer, gas, telephone, fiber optic,
electric power conduit, cable and duct, TV cable, jacking, boring,
pushing and tunneling, retrofitting existing facilities, storm drain
and other miscellaneous major facility construction projects that
involve more than one (1) continuous block or five hundred (500) linear
feet of right-of-way.
MINOR PROJECT
Construction of miscellaneous utility service lines, manhole
installation not associated with major project construction, main
line point repairs and installation, miscellaneous utility service
line repair, storm drain and inlet repairs, vaults, irrigation systems
and other miscellaneous construction and repair projects that involve
less than one (1) block or five hundred (500) linear feet of right-of-way.
MUNICIPAL ENVIRONMENTAL COURT
A part of the City's Municipal Court system designed to enforce
laws and ordinances relating to the physical appearance of the City
and the health and safety of the public.
MUNICIPAL OFFENSE TICKET (MOT)
A citation issued for a violation of this Article. An M.O.T.
may require payment of a fine as defined by the municipal offense
ticket system (M.O.T) fine schedule, as may be amended from time to
time, appearance in environmental court and, if determined by a judge
of said court, jail or community service.
NOTICE OF VIOLATION
Written warning issued by the department for a violation
or possible violation of this Article.
OBSTRUCT
To place any tangible object in a right-of-way so as to hinder
free and open passage over, under or through that or any part of the
right-of-way.
PERMIT FEE
Money charged by the City to cover the costs as provided
in this Article.
PERMITTEE
Any person to whom a permit to construct or obstruct a right-of-way
has been granted by the City.
PERSON
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 other legal entity which has or seeks to have facilities
located in any right-of-way.
RESTORATION
The process by which a constructed or obstructed right-of-way
is restored as specified in the construction standards.
RIGHT-OF-WAY
The surface and space above and below real property in which
the City has an interest in law or equity, whether held in fee or
other estate or interest including easements 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, park or any other place, area or real property
owned by or under the control of the City.
RIGHT-OF-WAY PERMIT
The permit which must be obtained before a person may construct
in or obstruct in a right-of-way as required by the City.
SIDEWALK
The paved pedestrian walkway between the edge of the road
and the street right-of-way line.
SMALL PROJECT (TYPE A)
The installation of equipment cabinets, junction boxes, terminal
boxes, splice boxes, regulator stations, meters and valves in paved
areas, utility poles, guy poles and appurtenances not associated with
a major or minor project.
SMALL PROJECT (TYPE B)
The installation, repair and routine maintenance of miscellaneous
utility service drop lines, overhead wires and cables, traffic signal
poles, light poles, traffic signs, meters, valves and other miscellaneous
construction, repair, routine maintenance and inspection that requires
minimal excavation or right-of-way disruption.
SUPPLEMENTARY APPLICATION
An application made to construct or obstruct more of the
right-of-way than allowed in, or to extend, a permit that had already
been issued.
TRENCHLESS TECHNOLOGY
The use of directional boring, horizontal drilling and microtunneling
and other techniques in the construction of underground portions of
facilities which result in the least amount of disruption and damage
to right-of-way as possible.
UNDERGROUND FACILITIES
All lines, cables, conduits, posts, tanks and other facilities
owned or operated by persons other than the City which are located
wholly or partially underneath right-of-way.
UTILITIES
Any water, sewer, gas, drainage, sprinkler or culvert pipe
and any electric power, telecommunication, signal, communication or
cable television conduit, fiber, wire, cable or operator thereof.
[Ord. No. 2009-32, 2009]
Penalties. Any person who violates of the provisions of this Article shall, upon conviction, be punished in accordance with Section
100.220 of this Code.