For the purpose of this Article,
the following terms, phrases, words and abbreviations shall have the
meanings given herein, unless otherwise expressly stated.
ADMINISTRATIVE OFFICER
An office or individual having specific authority to administer
the regulations of this Article.
APPLICANT
The specific person applying for and receiving a permit for
facilities work.
APPLICATION
That form designed by the City of Bowling Green, which an
applicant must use to obtain a permit to conduct facilities work within,
across, under and over the City's rights-of-way.
BULK PROCESSING
The acceptance and review of one (1) application with multiple
projects to be conducted within a calendar year.
CITY
The City of Bowling Green, Missouri, and its agencies, departments,
agents and employees acting within their respective areas of authority.
CITY FACILITIES
Any pavement for streets, sidewalks, alleys, paths; any curbs,
gutters, drainage structures, storm sewers, swales, ditches, sanitary
sewers, manholes, water mains, water service lines, water meters,
valves, street lights, conduits, traffic signals, cables, conduits,
panels, irrigation systems, bridges, culverts, lift stations, pump
stations, treatment facilities, hydrants or signs in which the City
holds a property interest.
CONTRACTOR
Any person contracting with a facilities owner or permit
holder to do work within the public rights-of-way.
EMERGENCY
A condition that:
1.
Poses a clear and immediate danger to life or health, or of
a significant loss of property, or
2.
Requires immediate repair or replacement in order to restore
service to a customer.
EXCAVATION
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, tunneled,
uncovered, directional bored, removed or otherwise displaced by means
of any tools, equipment or explosives, except that any de minimis
displacement or movement of ground caused by pedestrian or vehicular
traffic which does not materially disturb or displace surface conditions
of the earth, asphalt, concrete, sand, gravel, rock or any other material
in or on the ground shall not be deemed excavation.
FACILITIES
Any conduit, valves, meters, duct, line, pipe, wire, hose,
manhole, pullbox, fiber optic cable, cable, culvert, pole, receiver,
transmitter, satellite dish, microcell, repeater, amplifier or other
device, material, apparatus or medium usable (whether actually used
for such purpose or not) for the transmission or distribution of any
service or commodity installed below or aboveground within the public
rights-of-way of the City, whether used privately or made available
to the public.
FACILITIES OWNER
A person who owns, leases or otherwise controls the use of
facilities.
FACILITIES WORK
The installation of new facilities or any change, replacement,
relocation, removal, alteration or repair of existing facilities that
requires excavation, excluding exploratory excavation to physically
locate facilities, within the public rights-of-way, except for the
occasional replacement of utility poles and related equipment at the
existing location that does not involve excavation.
INDIVIDUAL SERVICE CONNECTION
Individual water and sewer taps permitted as part of a building
permit, and individual service connections from a supply line, wire
or cable for natural gas, electric, cable television, telecommunications,
or other services to a residence or business.
PERMIT
A permit granted by the City to do facilities work within
the public rights-of-way.
PERMIT HOLDER
Any person to whom a permit has been granted by the City
under this Article.
PERSON
Any individual, firm, partnership, association, corporation,
company, or organization of any kind, or any lawful successor thereto
or transferee thereof.
PROBATION
The status of a person that has not complied with the conditions
of this Article.
PROBATIONARY PERIOD
One (1) year from the date that a person has been notified
in writing that they have been put on probation.
PROJECT
A written plan of work prepared and presented to the City
by an applicant that encompasses an outlined scope of work to be conducted
within the public rights-of-way. A project could be one (1) or more
separate excavations, constructions, or installations within the public
rights-of-way, but included as part of a single plan.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface and the area
below the surface of any street, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, tunnel, parkway easement or other similar
property in which the City now or hereafter holds any property interest.
No reference herein, or in any permit, to public rights-of-way shall
be deemed to be a representation or warranty by the City that its
interest or other right to control the use of such property is sufficient
to permit its use for such purposes. Public rights-of-way do not include
the airwaves above the rights-of-way with regard to cellular or other
non-wire telecommunications or broadcast services or private easements
in platted subdivisions or tracts not dedicated to public use.
SCHEDULE
An outline prepared and presented by a facilities owner describing
all of its proposed facilities work which may affect public rights-of-way
for the following twelve (12) month period.