For the purpose of this chapter, the following words shall have the following meanings.
ALLEY (PRIVATE). A right-of-way of 15 feet or less in width not dedicated to public uses which gives a primary or secondary means of vehicular access to the rear or side of properties and which may be used for public vehicular or utility access.
ALLEY (PUBLIC). A right-of-way of 15 feet or less in width dedicated to public uses which gives a primary or secondary means of vehicular access to the rear or side of properties and which may be used for public vehicular or utility access.
APPLICANT. Any individual, agent, utility, firm, association, organization, partnership, trust, company, corporation or any other legal entity requesting permission to perform work within the right-of-way.
CITY. The City of Hopkinsville, Kentucky, or its authorized agent or designee.
CONTRACTOR. An individual, agency, utility, firm, association, organization, partnership, trust, company, corporation or any other legal entity who undertakes to construct, install, alter, move, remove, trim, obstruct, demolish, repair, replace, excavate or add to any improvements covered by this chapter requiring work, workers and/or equipment to be in the right-of-way in the process of performing the above-named operations.
EMERGENCY. Any event threatening public health or safety, or resulting in an interruption in the provision of utilities including but not limited to damaged or leaking water or gas conduit systems, damaged, plugged or leaking sewer or storm drain conduit systems or damaged electrical or communication facilities.
EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any right-of-way.
FACILITIES. Include without limitation any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennas, pole street lights, duct fixtures and appurtenances and other like equipment used in connection with transmitting, receiving, distributing, offering and providing utility and other services.
FLOWABLE FILL. A mixture of cement, sand, fly ash, water, and other materials, to the following specifications:
Flowable Fill for Pipe Backfill. Proportion as follows, per cubic yard batch:
Cement 30 pounds
Fly Ash, Class F 300 pounds
Natural Sand (S.S.D.) 3,000 pounds
Water (Maximum) 550 pounds
HOLDER. The holder of a valid permit issued pursuant to this chapter.
MAINTENANCE. The servicing, repairing or altering of any premises or land to perpetuate the use or purpose for which the premises of land was originally intended.
OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over the right-of-way or any portion thereof.
PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH consists of the compaction of the subbase and aggregate base conforming to KDOT standards and the replacement, in kind, of the existing pavement for a minimum of two feet beyond the excavation in all directions. In the instance of a concrete surface, patching shall include the reconstruction of the entire section of concrete surface between expansion spaces.
PLANNING COMMISSION. The Hopkinsville-Christian County Planning Commission.
PUBLIC INFRASTRUCTURE. Any improvement that is, or is in the process of becoming maintained by the city, utility agency or franchisee including, but not limited to, streets, sidewalks, curbs and gutters, ditching and shouldering, utilities, driveway tiles, head walls, decorative street lights, decorative street signs, medians, decorative pavement, stormwater facilities, flood control facilities and fire hydrants.
RIGHT-OF-WAY. The area on, below or above a public roadway, highway street, cartway, bicycle lane and public sidewalk in which the city has an interest, including, but not limited to, other dedicated rights-of-way for travel purposes and utility easements of the city.
RIGHT-OF-WAY PERMIT. Written governmental permission issued by an authorized official empowering the holder thereof to perform work within the right-of-way.
SIDEWALK. The portion of a vehicular thoroughfare not within the roadway and set apart by curbs, barriers, markings or other delineations for pedestrian travel which may be used in conjunction with the placement of utilities and drainage systems.
SIGN. An identification, description, illustration or device affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, service, person, institution or business.
SPECIFICATIONS. Hopkinsville Public Improvement Specifications, Kentucky Department of Transportation (KDOT) Standard Specifications for Road and Bridge Construction (latest edition), Hopkinsville Subdivision
Regulations, Hopkinsville Zoning Ordinance, Chapter 162 of the Hopkinsville Code of Ordinances and the Hopkinsville Stormwater Management and Control Ordinance.
STOP WORK ORDER. A written governmental order stating the cited work shall immediately cease according to the time limitation on the order. The STOP WORK ORDER shall state the reason for the order and the conditions under which the cited will be permitted to resume.
STREET (PRIVATE). A right-of-way greater than 15 feet in width not dedicated to public uses which gives a primary means of vehicular access and which may be used for public vehicular or utility access.
STREET (PUBLIC). A right-of-way greater than 15 feet in width dedicated to public uses which gives a primary means of vehicular access and which may be used for public vehicular or utility access.
UTILITY or UTILITY COMPANY. Any public or private company that owns, controls, operates or manages any facility used or to be used for uses including, but not limited to:
(1) The generation, production, transmission or distribution of electricity for light, heat, power or other uses to or for the public for compensation;
(2) The production, manufacture, storage, distribution, sale or furnishing of natural or manufactured gas or a mixture of same for light, heat, power or other uses to or for the public for compensation;
(3) The transporting or conveying of gas, crude oil or other fluid substance by pipeline to or for the public for compensation;
(4) The diverting, developing, pumping, impounding, distributing or furnishing of water to or for the public for compensation;
(5) The transmission or conveyance over wire, in air or otherwise, of any message by telephone or telegraph for the public for compensation;
(6) The transmission or conveyance over wire, in air or otherwise, of an open video system or data transmission; or
(7) The collection, transmission or treatment of sewage for the public for compensation.
UTILITY ACCESS POINTS. Any open access point to a utility, including but not limited to manholes, valves, junction boxes and/or stormwater catchments.
WORK. Any labor performed on or any use or storage of equipment or materials including but not limited to construction of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus loading pads, streets lights and traffic signal devices. It shall also mean construction, maintenance and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire or any other similar structure located below surface and installation of overhead poles used for any purpose.
(Ord. 40-2006, passed 10-17-2006; Ord. 02-2018, passed 2-20-2018)