[Ord. No. 2195 §2, 8-1-2005]
This Chapter may be referred to and cited as the "Right-Of-Way
Ordinance" or "ROW ordinance".
[Ord. No. 2195 §2, 8-1-2005]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings given to them in this Section, except where
context clearly indicates a different meaning:
Any equipment, materials, apparatuses, devices or facilities
that are:
Declared abandoned by the owner of such equipment or facilities;
or
No longer in active use, physically disconnected from a portion
of the operating facility or any other facility that is in use or
in service and no longer capable of being used for the same or similar
purpose for which the equipment, apparatuses or facilities were installed.
A person who owns or controls, is owned or controlled by
or under common control with a right-of-way user.
Any person requesting permission to occupy or operate facilities
using the right-of-way or to work, excavate or locate facilities in
the right-of-way.
The City of Lake Saint Louis, Missouri, a municipal corporation
and any duly authorized representative.
The Municipal Code of the City of Lake Saint Louis, Missouri.
Install, erect, build, affix or otherwise place any fixed
structure or object in, on, under, through or above the right-of-way.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed, tunneled into, bored into, graded or otherwise displaced
by means of any tools, equipment or explosives, except as otherwise
provided by law.
Lines, pipes, irrigation systems, wires, cables, conduit
facilities, poles, towers, vaults, pedestals, boxes, appliances, antennas,
transmitters, gates, meters, appurtenances, or other equipment used
for or related to providing service. Facilities shall not include
minor residential or other incidental uses such as mailboxes, driveway
aprons or other such non-service related incidental facilities which
may be permitted by special permit issued by the Public Works Director.
A service provider owning or possessing facilities in the
right-of-way.
The Public Service Commission of Missouri.
Any project undertaken by the City or its agents, contractors
or subcontractors for the construction, reconstruction, maintenance
or repair of any public infrastructure and including, without limitation,
streets, alleys, bridges, bikeways, parkways, sidewalks, sewers, drainage
facilities, traffic control devices, street lights, public facilities,
public buildings or public lands; provided that projects undertaken
by the City for the construction, reconstruction, maintenance or repair
of any public infrastructure funded by or substantially by user fees
imposed upon those using the public infrastructure shall not be deemed
"public improvements" and shall not be exempt from the permit requirements
of this Article.
Any real property of the City that is not right-of-way.
A right-of-way user providing service within the City that
does not have its own facilities in the right-of-way, but instead
uses the right-of-way by interconnecting with or using the network
elements of another right-of-way user utilizing the right-of-way and/or
by leasing excess capacity from a facility based service provider.
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition
or better than that which existed before the commencement of the excavation
or work.
Public real property vested in the City in trust for the
citizens, in fee or easement, to which the public has a right to access
and use for the purpose intended by the dedication including, but
not limited to, the area on, below or above a public roadway, highway,
street or alleyway in which the City has an ownership interest, but
not including:
The airwaves above a public right-of-way with regard to cellular
or other non-wire telecommunications or broadcast service;
Easements obtained by utilities or private easements in platted
subdivisions or tracts;
Railroad rights-of-way and ground utilized or acquired for railroad
facilities; or
Poles, pipes, cables, conduits, wires, optical cables or other
means of transmission, collection or exchange of communications, information,
substances, data or electronic or electrical current or impulses utilized
by a utility owned or operated by a governmental entity pursuant to
Chapter 91, RSMo., or as otherwise provided by law.
The authorization to work, excavate or locate facilities
in the right-of-way.
A person, its successors and assigns that uses the right-of-way
for purposes of work, excavation, provision of services or to install,
construct, maintain, repair facilities, equipment or structures thereon
for which a right-of-way permit is required including, but not limited
to, landowners and service providers. A right-of-way user shall not
include the City or any governmental entity that has entered into
an agreement with the City regarding the use and occupancy of the
City's right-of-way; provided that such users shall be subject to
all such requirements as may be required by law.
A commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the right-of-way
including, but not limited to, gas, telephone, cable television, Internet
services, open video systems, alarm systems, steam, electric, water,
telegraph, data transmission, petroleum pipelines or sanitary sewerage.
Any person that is a provider of a service for or without
a fee that has the requisite certifications and authorizations from
applicable governmental entities, including the Federal Communications
Commission and/or the PSC, to provide such service including, but
not limited to, every cable television service provider, pipeline
corporation, gas corporation, electrical corporation, rural electric
cooperative, telecommunications company, water corporation, heating
or refrigerating corporation or sewer corporation under the jurisdiction
of the PSC; every municipally owned or operated utility pursuant to
Chapter 91, RSMo., or pursuant to a Charter form of government or
cooperatively owned or operated utility pursuant to Chapter 394, RSMo.;
every street light maintenance district; every privately owned utility;
and every other entity, regardless of its form of organization or
governance, whether for profit or not, which in providing a public
utility type of service for members of the general public utilizes
pipes, cables, conduits, wires, optical cables, poles or other means
of transmission, collection or exchange of communications, information,
substances, data or electronic or electrical current or impulses in
the collection, exchange or dissemination of its product or services
through the public rights-of-way. Service provider includes both facility
based service providers and reseller service providers.
The pavement and subgrade of a City right-of-way.
The construction, installation, repair or maintenance of
any type of facility within the right-of-way, unless an exemption
as provided in this Chapter applies to the routine maintenance of
the facility.
[Ord. No. 2195 §2, 8-1-2005]
The City of Lake Saint Louis Public Works Director shall be
the principal City Official responsible for administration of the
right-of-way registration and permitting processes under this Chapter.
The Public Works Director may delegate any and all duties hereunder
as may be appropriate and shall exercise such duties in coordination
with and in consultation with the City Development Administrator.
