The following definitions apply to this Subchapter.
“Board of Commissioners” shall mean the legislative body of the City of Bowling Green.
“City” shall mean the City of Bowling Green, KY.
“City Engineer” shall mean the City Engineer or his/her designee, unless otherwise specified.
“Degradation” shall mean a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right- of-way earlier than would be required if the excavation did not occur.
“Department” shall mean the City of Bowling Green’s Public Works Department, Planning and Design Division.
“Emergency” shall mean a situation when placement or maintenance of facilities is needed to be undertaken immediately because of a danger to human life or health or of significant damage to property, including but not limited to, unanticipated leaks, interruptions or reductions in existing services, or other situations defined as being an emergency or dangerous conditions pursuant to federal, state or local law. The installation of facilities that only serve to expand existing service or provide new service shall not be considered an emergency.
“Excavate” or “Excavation” shall mean to dig into or in any way remove or physically cut, disturb or penetrate any part of a right-of-way. This includes work on city streets, curbs, gutters and sidewalks.
“Facility” or “Facilities” shall mean any tangible asset in the right-of-way, including but not limited to, equipment and apparatus such as cabinets, pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, small cell, pole or ducts, required, necessary, used or useful in the provision of utility or other services.
“Lessee” shall mean a person who provides services within the City of Bowling Green solely by leasing facilities and who has no control over what or where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
“Party” or “Person” shall mean 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 or any other legal entity.
“Public Utility” or “Utility” shall mean a party that is defined in KRS Chapter 278 as a utility and (i) is subject to the jurisdiction of the Kentucky Public Service Commission, the FCC or the Federal Energy Regulatory Commission, or (ii) is required to obtain a franchise from the City to use and occupy the right-of-way pursuant to Sections 163 and 164 of the Kentucky Constitution.
“Reseller Service Provider” shall mean a person who provides services within the City of Bowling Green solely by reselling services and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
“Right-of-Way” shall mean the surface of and the space above and below a public roadway, highway, street, freeway, lane, path, sidewalk, alley, court, boulevard, avenue, parkway, cartway, bicycle lane or path, public sidewalk or easement held by the City for the purpose of public travel and shall include right-of-way as shall be now held or hereafter held by the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service.
“Right-of-Way Work Permit” shall mean a permit issued by the Department to perform any construction, installation, repair, replacement or maintenance of facilities in the right-of-way that is not already covered by an active building permit issued by the City.
(Ord. BG2020-19, 8/4/2020)