In this article:
(1) ABOVE GROUND UTILITY STRUCTURE or AGUS means any utility structure that extends higher than the surrounding grade.
(2) AGUS PLACEMENT GUIDELINES means a manual published by the city of Dallas that contains engineering, technical, and other special criteria and standards established by the director for the placement of above ground utility structures.
(3) BACKFILL means:
(A) the placement of new dirt, fill, or other material to refill an excavation; or
(B) the return of excavated dirt, fill, or other material to an excavation.
(4) CITY means the city of Dallas and the city's officers and employees.
(5) CLOSURE means a complete or partial closing of a sidewalk or one or more lanes of traffic of a thoroughfare for any period of time.
(6) CONSTRUCTION means any of the following activities performed by any person within a public right-of-way:
(A) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent.
(B) Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way.
(C) Performance, restoration, or repair of pavement cuts or excavations.
(D) Reconstruction of any of the work described in Paragraphs (6)(A) through (6)(C) of this subsection.
(E) Other similar construction work.
(7) DESIGN DISTRICT means an area the city council has designated as a:
(A) public improvement district pursuant to Chapter 372 of the Texas Local Government Code, as amended;
(B) reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, as amended;
(C) planned development zoning district;
(D) form zoning district subject to Chapter 51A of this code, as amended; or
(E) conservation district.
(8) DESIGN MANUAL means a manual published by the city that contains engineering, technical, and other special criteria and standards established by the director for the placement, installation, collocation, replacement, and repair of network nodes, as that term is defined in Chapter 284 of the Texas Local Government Code, as amended, and any related infrastructure, including poles, in the public right-of-way.
(9) DIRECTOR means the director of public works or any designated representative.
(10) EMERGENCY ACTIVITY means circumstances requiring immediate construction or operations by a public service provider to:
(A) prevent imminent damage or injury to the health or safety of any person or to the public right-of-way;
(B) restore service; or
(C) prevent the loss of service.
(11) EXCAVATION means the removal of dirt, fill, or other material in the public right-of-way, including but not limited to the methods of open trenching, boring, tunneling, or jacking.
(12) FACILITIES means the plant, equipment, buildings, structures, poles, wires, cables, lines, conduit, mains, pipes, vaults, above ground utility structures, and appurtenances of a public service provider and includes property owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public service provider.
(13) MAJOR PROJECT means any construction that requires a pavement cut of a length of 300 linear feet or greater within any single street or alley or any construction in an area that the director determines occurs in an area of high vehicular traffic.
(14) PAVEMENT CUT means a cut made into the paved surface of the public right-of-way.
(15) PAVEMENT CUT AND REPAIR STANDARDS MANUAL means a manual published by the city of Dallas that contains engineering, technical, and other special criteria and standards established by the director for pavement cut, excavation, backfill, restoration, and repair activities in the public right-of-way.
(16) PERMITTEE means the person applying for or receiving a permit to perform construction within the city's right-of-way under the terms and conditions of this article. The term includes:
(A) any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and
(B) any contractor or subcontractor of the permittee, for purposes of compliance with the City of Dallas Pavement Cut and Repair Standards Manual and the traffic control, construction, and maintenance requirements of this article.
(17) PERSON means a natural person, a corporation, a public service provider, a governmental entity or agency (including the city), a limited liability company, a joint venture, a business trust, an estate, a trust, a partnership, an association, or any other legal entity.
(18) PUBLIC RIGHT-OF-WAY means any area of land within the city that is acquired by, dedicated to, or claimed by the city in fee simple, by easement, or by prescriptive right and that is expressly or impliedly accepted or used in fact or by operation of law as a public roadway, highway, street, sidewalk, alley, or utility access easement. The term includes the area on, below, and above the surface of the public right-of-way. The term applies regardless of whether the public right-of-way is paved or unpaved. The term does not include airwaves above the public right-of- way that fall under the exclusive jurisdiction of the United States government.
(19) PUBLIC SERVICE PROVIDER means any wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended.
(20) SPOILS or EXCAVATED MATERIAL means construction waste, construction supplies, or excavated dirt, fill, or other similar material that is stored or placed upon the surface of a public right-of-way.
(21) SUBDIVISION means "subdivision" as defined in Article VIII, "Plat Regulations," of the Dallas Development Code, as amended.
(22) THOROUGHFARE means:
(A) a public traffic arterial, as designated in the city's thoroughfare plan;
(B) a nonresidential collector street, as defined in the Street Design Manual of the city of Dallas; and
(C) all streets within the central business district.
(23) UTILITY STRUCTURE:
(A) means any structure, cabinet, or other appurtenance (other than a pole or a device attached to a pole) that is owned or used by a public service provider to provide service; and
(B) does not include:
(i) a device or structure used to control or direct pedestrian or vehicular traffic on an adjacent roadway; or