For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person who makes application for a permit.
APPURTENANCES. Miscellaneous concrete surfaces within the public way, such as parking bays and carriage walks.
BUSINESS. Any place in the city in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.
CITY. Brigham City, a municipal corporation of the State of Utah.
CITY ENGINEER. The City Engineer, or his or her authorized representative.
EMERGENCY. Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or property, or which causes interruption of utility services.
ENGINEERING REGULATIONS, SPECIFICATIONS AND DESIGN STANDARDS. The latest version of the Brigham City Public Works Standards and Technical Specifications.
FAILURE. A work site restoration which fails to meet public works standards and technical specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period. FAILURE may be settlement of surfaces, deterioration of materials or other surface irregularities. Measurement of FAILURE shall be further defined in the engineering regulations.
INFRASTRUCTURE PROVIDER. A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the right-of-way.
OPERATOR. Any person who provides service over a telecommunications system and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.
PERMITTEE. Any person that has been issued a permit and thereby has agreed to fulfill the requirements of this subchapter.
PERSON. Includes any natural person, partnership, firm, association, provider, corporation, company, organization or entity of any kind.
PRIVATE DRAIN LINE. A pipe installed solely for the transmission of water collected or generated on private property such as drainage, spring or storm water, or condensate into the public drainage system.
PROPERTY OWNER. Person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.
PROVIDER. An operator, infrastructure provider, reseller, system lessee or public utility company.
PUBLIC UTILITY COMPANY. Any company subject to the jurisdiction of the state’s Public Service Commission, or any mutual corporation providing gas, electricity, water, telephone or other utility product or services for use by the general public.
PUBLIC WAY. Includes all public rights-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys and public drainage ways. It does not, however, include utility easements not within PUBLIC WAYS of the city, except where activities proposed by an infrastructure provider, operator, person or public utility company involves attachment to a pole owned by the city.
RESELLER. Refers to any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights-of-way.
RESIDENT. The person or persons currently making their home at a particular dwelling.
STORM DRAINS. A dedicated pipe, conduit, water way or ditch installed in a right-of-way or easement for the transmission of storm and drainage water. This term does not include private drain lines.
SYSTEM LESSEE. Any person that leases a system or a specific portion of a system to provide services.
TELECOMMUNICATIONS SYSTEM or SYSTEM. All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased or used by a provider located in the construction, ownership, operation, use or maintenance of a TELECOMMUNICATIONS SYSTEM.
WORK SITE RESTORATION. Includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes, but is not limited to, repair, cleanup, backfilling, compaction and stabilization, paving and other work necessary to place the site in acceptable condition following the conclusion of the work, or the expiration or revocation of the permit.
(Prior Code, § 24.03.010) (Ord. 98-38, passed 8-20-1998)