[R.O. 2008 § 406.010; Ord. No. 5376 § 1, 9-25-2008; Ord. No. 6506, 10-11-2018]
The following terms shall have the
following meanings unless otherwise defined by context:
The manager or administrator of the City or such other person designated by the City to hear appeals as provided in Section 406.050(B).
Any facilities located within the public rights-of-way and
owned by the City.
Includes, but is not limited to, ROW work made necessary
by exigent circumstances to repair, control, stabilize, rectify or
correct an unexpected or unplanned outage, cut, rupture, leak or any
other failure of a facility when such failure results or could result
in danger to the public or a material delay or hindrance to the provision
of service.
The City's Engineer or such other person designated to administer
and enforce this Chapter.
Any operation in which earth, rock or other material in or
on the ground is moved, removed or otherwise displaced by means of
any tools, equipment or explosives and includes, without limitation,
backfilling, grading, trenching, digging, ditching, drilling, well-drilling,
auguring, boring, tunneling, scraping, cable or pipe plowing, plowing-in,
pulling-in, ripping, driving and demolition of structures, except
that, the use of mechanized tools and equipment to break and remove
pavement and masonry down only to the depth of such pavement or masonry,
the use of high-velocity air to disintegrate and suction to remove
earth, rock and other materials and the tilling of soil for agricultural
or seeding purposes shall not be deemed excavation. Backfilling or
moving earth on the ground in connection with other excavation operations
at the same site shall not be deemed separate instances of excavation.
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
wires, cables, fibers, conduit facilities, cabinets, poles, vaults,
pedestals, boxes, appliances, antennas, transmitters, radios, towers,
gates, meters, appurtenances or other equipment.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
Any person having ownership or control of facilities located
within the rights-of-way.
The practice of digging a test hole to expose underground
utilities to ascertain the horizontal location, vertical depth, size
or type of underground utility, with as little disturbance to the
actual utility as possible. Methods include hand digging, water (or
hydro) excavating, air, or vacuum extraction.
Meeting between the City and the ROW user, before construction
begins, to discuss the ROW work as outlined on the City-issued permit.
A permit granted by the City to a ROW user for ROW work.
A person or authorized contractor performing ROW work within
the rights-of-way. A ROW user shall not include ordinary vehicular
or pedestrian use.
Action by a ROW user to:
Install, change, replace, relocate,
remove, maintain or repair facilities within the rights-of-way; or
To conduct work of any kind within
or adjacent to the rights-of-way that results in an excavation, obstruction,
disruption, damage or physical invasion or impact of any kind to the
rights-of-way or the use thereof. The routine inspection of facilities
shall not be considered ROW work unless the inspection requires the
conduct of any of the activities or actions noted herein.
Unless otherwise restricted herein,
the surface, the air space above the surface and the area below the
surface of any public street, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, tunnel, parkway, waterway or sidewalk in
which the City now or hereafter holds any interest which, consistent
with the purposes for which it was dedicated, may be used for the
purpose of installing and maintaining facilities. Rights-of-way shall
not include:
City facilities or the City's property
other than ROW, such as City-owned or operated buildings, parks or
other similar property;
Airwaves used for cellular, non-wire
telecommunications or broadcast services;
Easements obtained by ROW users on
private property;
Railroad rights-of-way or ground
used or acquired for railroads; or
Facilities owned and used by the
City for the transmission of one (1) or more services.
No reference herein to "rights-of-way"
shall be deemed to be a representation or guarantee by the City that
its interest or other right to control the use of such property is
sufficient to permit its use for the delivery of service.
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewer or any similar or related service, to
one (1) or more persons located within or outside of the City by use
of facilities located within the rights-of-way.
Along, under, over or across rights-of-way.
