The following definitions apply to this subchapter.
“ABOVE-GROUND FACILITIES.” Any facilities located above ground, which are capable of being installed without significant underground excavation, including, but not limited to, utility poles and miniature cellular phone towers.
“DEGRADATION.” A material decrease in the useful remaining 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.
“DIRECTOR.” The city’s Director of Public Works, or his or her designee, unless otherwise specified.
“EMERGENCY.” A situation when placement, repair, 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 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.” To dig into or in any way remove or physically cut, disturb or penetrate any part of a right-of-way.
“FACILITY or FACILITIES.” Any tangible asset in the right-of-way, including but not limited to, equipment and apparatus such as pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, towers, or ducts, which are required, necessary, used, or useful in the provision of utility or other services.
“INSTALL, INSTALLED, OR INSTALLATION.” Placement of facilities within the rights-of-way, including the replacement of existing facilities.
“LESSEE.” A person who provides services within the city 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.
“MATERIAL.” With respect to degradation, means of a nature that causes or results in an alteration or disruption to the city right-of-way.
“PARTY or 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, or any other legal entity.
“PLANNED PUBLIC PROJECT.” Any beautification, installation, excavation, re-paving, or restoration activity in the rights-of-way that is undertaken by the city as part of a budgeted public improvements plan approved by the City Council and which is funded in whole or in part with public tax dollars in any given fiscal year.
“PUBLIC UTILITY or UTILITY.” A party that is defined in KRS Chapter 278 as a utility:
(1) Is subject to the jurisdiction of the Kentucky Public Service Commission, the FCC, or the Federal Energy Regulatory Commission; or
(2) 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.
“PERMIT.” An encroachment permit issued pursuant to this subchapter.
“PERMITTEE.” A party holding an encroachment permit.
“REGISTRANT.” Any party filing or required to file a registration statement pursuant to this subchapter.
“RESELLER SERVICE PROVIDER.” A person who provides services within the city 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.” 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 rights-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.
“TARIFF.” The internal regulations or guidelines of the utility industry as promulgated or adopted by the Kentucky Public Service Commission or the Federal Communications Commission.
(Ord. 2018-11-01, passed 12-13-18)