Definitions And Usage Generally.
For the purposes of this Chapter, the following terms, phrases, words,
and abbreviations shall have the meanings given herein, unless otherwise
expressly stated. When not inconsistent with the context, words used
in the present tense include future tense and vice versa, words in
the plural number include the singular number and vice versa, and
the masculine gender includes the feminine gender and vice versa.
The words "shall" and "will" are mandatory and "may" is permissive.
Unless otherwise expressly stated or clearly contrary to the context,
terms, phrases, words, and abbreviations not defined herein shall
be given the meaning set forth in the City Code, and, if not defined
therein, their common and ordinary meaning.
APPLICANT
The specific person applying for and receiving a permit under
this Chapter.
APPLICATION
That form designed by the Building Inspector which an applicant
must use to obtain a permit to conduct facilities work in, along,
across, over, or under the city's right-of-way.
CITY
The City of Merriam Woods, Missouri.
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 that the following shall not be deemed "excavation":
1.
Any de minimis displacement or movement of ground caused by
pedestrian or vehicular traffic;
2.
The replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut; or
3.
Any other activity which does not disturb or displace surface
conditions of the earth, asphalt, concrete, sand, gravel, rock or
any other material in or on the ground.
FACILITIES
Any conduit, duct, line, pipe, wire, hose, cable, culvert,
tube, pole, receiver, transmitter, satellite dish, micro call, picocell,
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 above
ground within the public rights-of-way of the City, whether used privately
or made available to the public.
FACILITIES WORK
The installation of new facilities, or any change, replacement,
relocation, removal, alteration, or repair of existing facilities
that requires excavation within the public rights-of-way, except for
the occasional replacement of utility poles and related equipment
at the existing general location that does not involve either a street
or sidewalk cut.
PERMIT
A permit granted by the Building Inspector to do facilities
work within the public rights-of-way.
PERSON
An individual, partnership, association, joint-stock company,
trust, organization, limited-liability company, or other entity, or
any lawful successor thereto or transferee thereof, but such term
does not include the City of Merriam Woods.
PUBLIC RIGHT-OF-WAY
The area on, below or above a public roadway, highway, street
or alleyway in which the political subdivision has an ownership interest,
but not including:
1.
The airwaves above a public right-of-way with regard to cellular
or other non-wire telecommunications or broadcast service;
2.
Easements obtained by utilities or private easements in platted
subdivisions or tracts;
3.
Railroad rights-of-way and ground utilized or acquired for railroad
facilities; or
4.
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 municipally owned or operated utility pursuant to Chapter
91, RSMo., or pursuant to a charter form of government.