For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. Any person requesting permission to excavate, obstruct or construct in a right-of-way. APPLICANT does not include commercial vehicles or materials regulated by § 77.009 of this Code.
   APPLICATION. The process by which an applicant submits a request to locate, maintain or remove facilities in the right-of-way.
   CITY COST. The direct and indirect costs, including loss of pavement life, borne by the city for pavement management, traffic management, risk management, financial management, cost recovery, infrastructure oversight, budget analysis, record keeping, legal assistance, systems analysis, application processing and checking, issuing permits, inspecting job sites, creating and updating mapping systems and performing all of the other tasks required by this Code, including other costs the city may incur in managing the provisions of this Code.
   CONSTRUCT. To excavate, install poles, install signs or install facilities, other than landscaping, on, above or under any part of the right-of-way.
   CONSTRUCTION PERMIT or PERMIT. The permit which must be obtained before a person may excavate, obstruct, construct, repair or remove facilities in a right-of-way.
   EMERGENCY. An occurrence which demands immediate action to prevent significant environmental damage or loss of life, health, property or essential public services including the re-erecting of critically needed traffic control signs or devices.
   EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
   FACILITIES. Any tangible thing located in any right-of-way; but shall not include sidewalks and private driveway approaches regulated under §§ 96.001 through 96.011, 96.025 through 96.035, 96.050 through 96.057, 96.070 through 96.073, 96.085 through 96.089, 96.100 through 96.105, 96.120 through 96.126, 96.140 through 96.148, 96.160 through 96.166, 96.180 through 96.192, 96.205, 96.206 and 96.220, water sprinkler systems, invisible dog fences, mailboxes, boulevard plantings or gardens in the right-of-way.
   IN. When used in conjunction with right-of-way, means over, above, in, within, on or under a right-of-way.
   OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
   PERMITTEE. Any person to whom a permit to construct, excavate or obstruct a right-of-way has been granted by the city.
   PERSON. 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.
   PRIVILEGE. The legal entitlement of a person to use the right-of-way in the city for the purposes of carrying on its business. A PRIVILEGE for the purpose of this chapter does not include, and does not refer to, a license, permit or franchise. PRIVILEGE shall not include the use of the right-of-way for purposes not in furtherance of the furnishing of utility services.
   PUBLIC UTILITIES COMMISSION. The State Public Utilities Commission or any successor organization thereto.
   REGISTRANT. Any person who:
      (1)   Has or seeks to have its facilities located in any right-of-way; or
      (2)   In any way occupies or uses, or seeks to occupy or use, the right-of-way or any facilities located in the right-of-way.
   RESTORATION. The process by which a right-of-way is returned to a condition as good as or better than its condition before the construction.
   RESTORATION FEE. An amount of money paid to the city by a permittee to cover the cost of restoration.
   RIGHT-OF-WAY. The surface and space above and below any real property in which the city has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any section line right-of-way, public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park or any other place, area, or real property owned by or under the control of the city. RIGHT-OF-WAY includes the standard ten-foot utility easement platted in the front ten feet of platted lots or any easements acquired by the city through the platting process or any other acquisition.
   RIGHT-OF-WAY BOND. A bond posted to ensure proper and complete construction and repair of a permitted facility pursuant to a permit.
   SERVICE DROPS. Those segments of a utility system that connect the end user of that utility to the utility distribution system. These SERVICE DROPS are normally radial in nature and serve individual sites or structures.
   SUPPLEMENTARY APPLICATION. An application made to construct, excavate or obstruct more of the right-of-way than was allowed in the permit, or to extend a permit that had already been issued.
   UNDERGROUND FACILITIES. All lines, cables, conduits, posts, tanks and any other facilities owned or operated by persons other than the city which are located wholly or partially underneath right-of-way.
   UTILITY. Any water, sewer, gas, drainage or culvert pipe and any electric power, telecommunication, signal, communication or cable television conduit, fiber, wire, cable or operator thereof, other than utilities operated by the city.
(1992 Code, § 35.5-2) (Ord. 55-99, passed 5-17-1999)
   Definitions and rules of construction generally, see § 10.002