The following definitions are given for use in this chapter:
1. “Administration cost” means all direct and indirect City staff and material cost of administration associated with the City’s PROW management program, including but not limited to registering applicants; issuing, processing, and verifying PROW license applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving registrant facilities during PROW work; determining the adequacy of PROW restoration; providing notice of violations or needed corrective action, and revoking PROW licenses. The administration costs shall be recouped through a set fee, subject to periodic review by the Council.
2. “Applicant” means any person requesting permission to intrude upon, excavate, obstruct or consume City PROW.
3. “Cable television utility” means a franchiseable utility as defined by FCC Regulations.
4. “City-provided services” means any utility provided to citizens by the City, including but not limited to sewer and water service.
5. “Construction performance bond” means any form of financial guarantee authorized under Iowa Law for assuring full performance of public construction contracts.
6. “Delay penalty” is the penalty imposed as a result of unreasonable delays in PROW construction.
7. “Department” means the Department of Public Works of the City.
8. “Department Inspector” means any person authorized by the PROW administrator to carry out inspections related to the provisions of this chapter.
9. “Emergency” means a condition that (i) poses a clear and immediate danger to life or health, or of a significant loss of property; or (ii) requires immediate repair or replacement of facilities in order to restore service to a customer.
10. “Equipment” means any tangible asset used to install, repair or maintain facilities in any PROW.
11. “Excavate” means to dig, place, repair, construct or bury anything in, on or under the PROW, or in any way remove or physically disturb or penetrate any part of the PROW.
12. “Excavation license” means the license which, pursuant to this chapter, must be obtained before a person may excavate in a PROW.
An excavation license allows the holder to excavate that part of the PROW described in such license.
13. “Excavation license fee” means money paid to the City by an applicant to cover the costs as provided in Section 155.13(1) below. The fee shall be a set fee, subject to periodic review by the Council.
14. “Facility” or “facilities” means any tangible asset in the PROW required to provide utility service.
15. “Franchisee” means any person who has been granted a franchise by the City which allows the installation of infrastructure within City PROW or who is hereafter granted a franchise which allows installation of infrastructure within City PROW.
16. “Intrusion” means any disturbance of the PROW.
17. “Licensee” means any person to whom a license to excavate or obstruct a PROW has been granted by the City under this chapter.
18. “Local representative” means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter.
19. “Obstruct” means to impede or hinder the free and unrestricted use of PROW by others or to place any tangible object upon the surface of PROW so as to hinder free and open passage over that or any part of the PROW, or so as to effectively impede the free and unrestricted use of PROW by others.
20. “Patch” or “patching” means a method of pavement replacement for an excavation in the PROW.
A patch consists of (i) the compaction of the subbase and aggregate base, and (ii) the replacement, in kind, of the existing pavement for a minimum of two (2) feet beyond the edges of the excavation in all directions.
21. “Person” means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, anyone who has been contracted to perform work on City-provided services, property owners, or any other legal entity.
22. “Private PROW occupiers” means utility companies not owned by the City, including but not limited to gas, electric, telecommunications and cable television.
23. “Probation” means the status of a person that has not complied with the conditions of this chapter.
24. “Probationary period” means one year from the date that a person has been notified in writing that such person has been put on probation.
25. “PROW”(see “public right of-way” below).
26. “PROW administrator” means the City Building Official.
27. “PROW license” means any one or more of the excavation license, the disruption license, or the tree well license, or irrigation system license, depending on the context, required by this chapter.
28. “PROW management program costs” means costs associated with a responsible City program of PROW management including costs associated with PROW degradation, restoration, administration, and consumption/acquisition.
29. “Public right-of-way” (PROW) means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated PROW for travel purposes and utility easements of the City. A PROW does not include the airwaves above a PROW with regard to cellular or other non-wire telecommunications or broadcast service.
30. “Registrant” means any person who (i) has or seeks to have its equipment or facilities located in any PROW, or (ii) in any way occupies or burdens, or seeks to occupy or burden, the PROW or place its facilities in the PROW; registrants include utilities that are franchised or franchiseable.
31. “Restoration cost” means the full cost of restoration of City infrastructure and PROW to as good or better condition than before an intrusion when such restoration is not accomplished, or is insufficiently accomplished, by the entity causing an intrusion; restoration cost is a PROW management program cost.
32. “Restore” or “restoration” means the process by which a PROW is returned to the same condition and life expectancy that existed before excavation in accordance with the Urban Standard Specifications for Public Improvements and Urban Design Standards Manual.
33. “Supplementary application” means an application made to excavate or obstruct more of the PROW than allowed in, or to extend, a license that had already been issued.
34. “Telecommunication PROW licensee” means a person owning or controlling a facility in the PROW, or seeking to own or control a facility in the PROW, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility, a municipality, or a cooperative electric association, are not telecommunications PROW licensees for purposes of this chapter.
35. “Tree well” means any opening or cut in a sidewalk used for planting trees, whether covered by a grate or not.
36. “Undedicated portions of the ROW” means ROW that has been platted but not yet deeded or transferred to the City.
37. “Unused equipment” or “unused facilities” means equipment or facilities located in the PROW which has remained unused for six months and for which the registrant is unable to provide proof that it has either a plan to begin using that equipment within the next twelve (12) months or a potential purchaser or user of that equipment for the same purpose.