For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AASHTO. The American Association of State Highway and Transportation Officials.
APPLICANT. Any person that is applying for a right-of-way use and easement permit.
ARTERIAL ROAD ROW. The primary function of arterial corridors is to move moderate to large volumes of traffic relatively long distances. Arterials often connect widely separated rural and urban communities. Requirements for speed and level of service are usually quite high. Access should be well controlled, and where possible, limited to other arterials and collector roads. Arterials are used to move traffic around neighborhoods, and should form a continuous network designed for a free flow of through traffic.
ASTM. The American Society for Testing and Materials.
AS-BUILT. Site plans, other descriptions and drawings that are produced after the permitted improvement has been installed, placed, replaced or constructed and is detailing the improvements exact location within a right-of-way or easement. For further details, refer to § 179.096(E).
BUSINESS DAY. Every day except Saturday, Sunday and legal holidays of the city, the state, and/or the United States of America.
CITY. The city, the City Manager or his designees.
COLLECTOR ROADS. The connecting link between local streets and arterials to provide intra-neighborhood access. Traffic characteristics generally consist of relatively short trip lengths, moderate speeds and volumes. Access is of secondary significance, and should be limited to local streets, other collectors and major traffic generators. Collectors should penetrate neighborhoods without forming a continuous network, thus discouraging through traffic which is better served by arterials.
DAMAGE. Any displacement, disturbance, or destruction, that injures, breaks, impairs or causes harm in any way to city property or other improvements that shall require repair or replacement to create a condition equal to or greater than the condition prior to the occurrence of the damage.
DER. The Department of Environmental Regulation.
DESIGN PLAN. Site plans, related descriptions and drawings that are produced before an improvement is installed, placed, replaced or constructed within a right-of-way or easement. For further details refer to § 179.096(D).
DEVELOPED AREA. An area maintained and occupied by a commercial or private entity.
EASEMENT. An interest in land granted, conveyed, dedicated, acquired for or devoted to ingress and egress of vehicular and pedestrian traffic.
EMERGENCY. Any condition constituting an imminent or existing danger to life or property caused by nature, accident or wear and tear that results in an interruption of any public service, i.e., electrical, telecommunications, water, sewer, and the like, or that impedes the use of roads, streets, or other public rights-of-way and easements.
EXCAVATION or EXCAVATE. Any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives, and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, driving in, auguring, tunneling, scraping, tree and root removal, cable or pipe plowing, pile driving, wrecking, razing, moving, or removing any improvement or mass of material, but does not include the tilling of the soil for agricultural purposes.
FDOT. The Florida Department of Transportation.
FRANCHISE. An initial authorization, or contracts, or renewal thereof issued by the city, whether designated as a franchise, permit, license, resolution, ordinance, contract, certificate, agreement or otherwise, that authorizes any person to use any right-of-way or easement.
FRANCHISEE. A person who has been granted a franchise by the governing body of the city.
IMPROVEMENT. Any physical changes made to land within rights-of-way and easements by placing streets, sidewalks, bicycle facilities, roadbeds, culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, guardrails, bridges, parks, squares, plazas, curbs, gutters, manholes, vaults, buried cables, conduit, wires, ground watering systems, water mains, sanitary sewer facilities, traffic-control devices, street name signs, signs of any kind, security lights, street lights, landscaping, permanent control points (PCP), permanent reference markers (PRM), concrete monument reference markers, or any similar property owned and/or controlled by the city for public use. It shall include but not be limited to any aerial lines and underground lines that are designed to transport electric current, telecommunications, Community Antenna Television or any other service lines — and all appurtenances, pole lines, poles, railways, ditches, sewers, water, heat or gas mains, liquid transmission lines, pipelines, fences, gasoline tanks and pumps, duck banks, or conduit of any kind or other structures, hereinafter referred to as an improvement.
LOCAL STREET. The primary function of a local street is to serve the adjacent property by providing initial access to the highway network. These facilities are characterized by short trip lengths, low speeds and small traffic volumes. Through traffic on these facilities should be discouraged. In addition to the above classifications, streets and highways may also be classified as “major” or “minor,” depending upon traffic volumes.
MAINTENANCE. Activities that require a work effort to keep or maintain components of existing improvements in a safe and serviceable condition.
OSHA. The Occupational Safety Health Act.
PERMIT. See RIGHT-OF-WAY AND EASEMENT USE PERMIT.
PERMITTEE. Any person having been granted a right-of-way and easement use permit by the city. The word PERMITTEE shall include all persons acting in behalf of the person to whom a permit has been issued.
PERSON. Any individual, franchise, firm, joint venture, partnership, corporation, association, organization, business trust, municipality or other political subdivision, governmental unit, department, or agency, and shall include any trustee, receiver, assignee, or personal representative thereof.
PUBLIC WORKS DEPARTMENT. The Public Works Department of the city and all of its divisions; also the Public Works Director and his designees.
RIGHT-OF-WAY. An interest in land granted, conveyed, dedicated, acquired for city purposes, or devoted to vehicular and/or pedestrian traffic; this shall include but not be limited to land in which the state, county or city owns fee simple title, or has established any type of ownership thereof or interest in any land utilized by the city for vehicular and/or pedestrian traffic or other purposes.
RIGHT-OF-WAY AND EASEMENT USE PERMIT. The document issued by the Public Works Department of the City of Palm Bay that authorizes permittees to install and construct improvements as described in this subchapter within rights-of-way and easements.
UNDEVELOPED AREA. An area not maintained or occupied by either a commercial or a private entity.
('74 Code, § 20-92) (Ord. 93-03, passed 2-18-93)