[R.O. 2016 § 515.010; Ord. No. 475 § 1, 2-3-2016[1]]
The provisions contained in Article III (Private Property Site Work) of this Chapter 515 shall apply when the Code Enforcement Officer determines that an application for an excavation, fill or grading permit (collectively, a site work permit) properly falls within the provision of Article III rather than Article II (Public Utility excavation Or Other Work Within Public Right-Of-Way excavations And Public Rights-Of-Way Management) or Section 407.020 of this Code (Land Disturbance Code).
[1]
Editor's Note: Former Ch. 515, containing Sections 515.010 — 515.100, enacted 5-4-2011 by § 1 of Ord. No. 333, was repealed 2-3-2016 by § 1 of Ord. No. 475.
[R.O. 2016 § 515.020; Ord. No. 475 § 1, 2-3-2016; Ord. No. 18-06, 2-21-2018]
For purposes of this Chapter, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended.
ABANDONED FACILITIES
Any equipment, materials, apparatuses, devices, or facilities that are:
1. 
Declared abandoned by the owner of such equipment or facilities;
2. 
No longer in active use for a period of six (6) months or more, and the owner of such equipment or facilities fails to respond within thirty (30) days to a written notice sent by the City;
3. 
The owner allows a franchise, agreement or license to expire and fails to cure within thirty (30) days after notice; or
4. 
As otherwise may be defined by applicable law.
ANTENNA
Any device that transmits and/or receives electromagnetic wireless radio waves or signals for voice, data or video communications purposes, including, but not limited to, television, text, AM/FM radio, microwave, cellular telephone, communications service, or otherwise.
APPLICANT
Any person who has applied for a ROW use agreement, franchise, license, ROW permit, or any permit or other authorization to install, maintain, repair or otherwise physically access facilities in the ROW.
CITY FACILITIES
Any facilities located in the ROW and owned by the City.
COMMUNICATIONS SERVICE
The transmission via facilities, in whole or in part, of any writings, signs, signals, pictures, sounds or other forms of intelligence through wire, wireless, or other means, including, but not limited to, any telecommunications service, enhanced service, information service, or Internet service, as such terms are now, or may in the future be, defined under applicable law, and including all instrumentalities, facilities, apparatus (communications facilities), and services (among other things, the receipt, forwarding, and delivery of telecommunications) incidental to such transmission or designed to directly or indirectly facilitate or accept such transmission and shall also include "video services" as defined in § 67.2677, RSMo. The term "communications service" does not include the rental of conduit or physical facilities.
DIRECTOR
The City Clerk.
EXCAVATION
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, or otherwise displaced, by means of any tools, equipment or explosives, except as excluded by applicable law. Excavation shall include:
1. 
The installation or construction of a new driveway;
2. 
The expansion or enlargement of an existing driveway; or
3. 
The replacement of an existing driveway when the existing driveway material is removed.
EXCAVATION PERMIT
A permit authorizing excavation for the construction or installation of facilities in the City's rights-of-way.
FACILITIES MAINTENANCE OR MAINTENANCE
The construction, installation, repair, upgrade, or other physical access to the facility in the ROW that does not involve excavation.
FACILITIES MAINTENANCE PERMIT
A permit issued by the City for the ROW user to provide maintenance to its facilities or otherwise perform work in the ROW that does not involve excavation but requires physical access to the facilities in the ROW.
FACILITIES OR FACILITY
Any equipment, installation, or structure located in the rights-of-way, including, without limitation, cables, wires, lines, poles, towers, antennas, conduit facilities, vaults, pedestals, transmitters, meters, fiber, foundations, and any other equipment, infrastructure, structures or obstructions. Facilities shall not include mailboxes, lawful vehicular parking or use or lawful minor incidental uses such as driveway aprons, private utility connections or other incidental facilities which may be permitted by license issued by the Director as provided herein.
FILL
Any act by which earth, sand, gravel, rock, or any similar material is deposited, placed or transported to any location other than from the place from which excavated and shall include the conditions resulting therefrom.
FRANCHISE
A binding and accepted ordinance for certain ROW users to occupy the rights-of-way for the purpose of providing, transporting, or distributing electricity, gas, water, steam, lighting, energy, or sewer service to any person or area in the City's limits and boundaries.
GRADING
Excavation, fill, or other similar site disturbance which alters existing surface drainage or topography and shall include conditions resulting from any excavation or fill.
LICENSE
The executed agreement between the City and a person to use and occupy the rights-of-way for the purpose of installing incidental temporary facilities within the rights-of-way or incidental uses such as ingress and egress facilities, lateral utility lines, or driveway aprons.
PERMIT
An excavation permit or a facilities maintenance permit.
PERSON
Any corporation, partnership, proprietorship, individual, organization, governmental entity or any natural person.
RIGHTS-OF-WAY OR ROW
The area on, below, or above a public roadway, highway, street or alleyway in which the City has an ownership interest or right of management, and including such adjacent areas within such public ways within such City control, except as may be limited by law.
RIGHTS-OF-WAY USE AGREEMENT OR ROW USE AGREEMENT
A document granting consent by the City to use the ROW for the purpose of providing communications service or for such other use for which a franchise or license is not applicable and obtained as provided for herein.
ROW USER
All persons and entities, whether a PSC-registered utility or otherwise, owning, controlling, leasing, maintaining, using or installing facilities in the rights-of-way of the City, not otherwise expressly exempted. To the extent permitted by law, ROW user shall not include the City.
SITE WORK
Excavation, fill, or grading activities or a combination thereof.
[R.O. 2016 § 515.030; Ord. No. 475 § 1, 2-3-2016]
The construction, maintenance or existence of any unprotected, unbarricaded, open or dangerous excavation, hole or pit is hereby prohibited. All excavations shall be performed pursuant to a permit issued by the Code Enforcement Officer as provided herein or pursuant to Section 407.020 of this Code (Land Disturbance Code) and shall be properly protected with warning signs, fencing or other protections installed in such manner as may be prescribed by the Code Enforcement Officer.