The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Encroach or encroachment means any digging in public streets or street rights-of-way, or the placing therein, thereover or below any pipes, poles, wires, fixtures or other appliances of any kind, either on, above, or below the ground surface. It also includes such digging and placing of pipes, poles, wires, fixtures or other appliances of any kind on, above or below the ground surface in areas in which the town has a utility or access easement, unless such activity is permitted by the applicable easement.
Minor Encroachment means an encroachment for irrigation systems, fencing and landscape plants and material provided all of the following requirements are met:
(i) A Minor Encroachment is only available to an adjacent property owner for encroachments into (a) public streets and street rights-of-way or (b) town utility or access easement areas when the property owner owns the underlying fee,
(ii) There is no disruption, even temporarily, of traffic flow,
(iii) There is no impact to paved or concrete surface,
(iv) There is no impact to the Town's ability to maintain or operate public streets, street rights- of-way or its easement interests.
Person shall mean an individual, partnership, association, organization, corporation or any other legal entity including any lawful successor transferee of said individual or entity.
Public streets means the public streets, sidewalks, alleys, bridges and other ways of public passage within the town's corporate limits, except for any such streets or bridges over which authority and control is exercised by the board of transportation.
Street rights-of-way or a street right-of-way means the real property interest the town holds over or adjoining existing public or private streets, or in corridors reserved for future public streets.
Town manager means the manager or assistant manager of the town of Cary or their designee.
(Code 1982, § 17-102; Ord. No. 00-031, 12-14-2000; Ord. No. 2012-Code-07, 12-13-2012)