For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These meanings shall apply whether a word is singular or plural.
APPLICATION. A formal request for the authority, right or permission to place or modify a structure in, and to use and occupy, the public rights-of-way prior to receiving the necessary permit(s), including, but not limited to, a building permit.
ATTACHED EQUIPMENT. Any equipment attached to a utility pole or other support structure in the PROW.
AUTHORIZATION. Written permission from the city to apply for any required permits needed to construct, place, modify or temporarily disrupt or do work in the PROW, including, but not limited to, required permits such as building, electrical, street or curb cutting and excavation permits, or to maintain facilities in the PROW, and includes, but is not limited to, a franchise or a city-granted license. An AUTHORIZATION is not a permit, but must be issued or granted before applying for any city permit.
BEST CASE. Using that which is the most favorable to serve the intended purpose that is reasonably possible.
CERTIFICATE OF COMPLETION or COC. A document required and issued by the city that confirms that all work represented in the application:
(1) Was properly permitted, including, but not limited to, having obtained all required permits such as building, electrical, street or curb cutting and excavation permits;
(2) Was done in compliance with and fulfilled all conditions of all permits, including any final completion deadline;
(3) Was fully constructed as approved and permitted; and
(4) A final inspection was requested, conducted and the work and the facility passed the final inspection.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE.
(1) The inability to perform an act on conditions or terms that cumulatively are:
(a) Reasonable in commerce;
(b) The cause or occurrence of which could not have been reasonably anticipated or foreseen; and
(c) That jeopardizes the financial efficacy of the operation.
(2) Standing alone for a single facility or application, the inability to achieve a desired financial return on investment or profit shall not deem a situation to be COMMERCIALLY IMPRACTICABLE and shall not by itself render a requirement COMMERCIALLY IMPRACTICABLE.
COMPLETE APPLICATION. A document or series of documents containing all required information and that the information contained therein has been verified as being true, accurate and correct, and that all applicable fees and charges related to an APPLICATION have been paid.
DEPARTMENT. The Department of Public Works of the city.
EMERGENCY. A condition that poses a clear and imminent danger to life, health, property damage or a significant loss of property, or requires immediate repair to restore an essential service to a group of users of such service.
EXCAVATE. Without limitation, any cutting, digging, grading, tunneling, boring or other alteration of the surface or subsurface material or earth in the PROW.
FACILITY. Any pole, pipe, culvert, conduit, duct, cable, wire, fiber, amplifier, pedestal, antenna, transmission or receiving equipment, other electronic equipment, electrical conductor, manhole, appliance, sign, pavement structures, irrigation system, monument sign, monument mailbox and any other similar equipment, for public or private use.
FRANCHISE, LICENSE or PROW USE AND OCCUPANCY AGREEMENT. A written contractual agreement setting forth both the required terms and conditions for the use and occupancy of the PROW, and any negotiated terms and conditions for such.
FULLY ALLOCATED COST.
(1) The total cost, including both direct and indirect costs and a reasonable annual inflationary factor or multiplier, and including, but not limited to, all personnel and labor costs of any kind, type or source.
(2) For purposes of clarification:
(a) DIRECT COST includes any cost that can be directly traced to the service provided; and
(b) INDIRECT COST includes a cost, the specific amount of which cannot be definitively determined, but is unavoidable by the city and can be calculated based on certain measures such as a pro-rata portion of a greater cost that is not incurred solely because of a given application or service provided by the city. Such indirect costs include costs related to administration, supervision of personnel, the use of any facilities including a pro-rata share of overhead such as the cost of utilities, any materials and equipment used, and any cost that is reasonably demonstrably and verifiably related to the processing of an application and the grant of an authorization or the issuance of a permit and/or an inspection.
GROUND-MOUNTED EQUIPMENT. Any equipment associated with the equipment attached to a utility pole or other support structure in the PROW that is located above ground.
HOLDER. The person or entity issued an authorization, franchise, license or permit or the transferee or assignee of such.
MAINTENANCE. Excavation, plumbing, electrical, carpentry or mechanical work that may or may not require a building permit, but that does not constitute a modification to the WTF.
MODIFY or MODIFICATION. The addition, removal or change of any of the physical and visually discernable components or aspects of a facility, including, but not limited to, the change to, or addition of, anything that changes the structural loading of the support structure, including, but not limited to, antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, the color or materials of any visually discernable components, emergency and vehicular access, parking and/or an upgrade or change in equipment. Adding a user to an existing utility pole or support structure is a MODIFICATION of the utility pole or structure, unless the height, profile, diameter or size of the facility is increased, in which case it is not a MODIFICATION, but shall be treated as a new structure.
MONUMENT. Any permanent, noncommercial structure placed in the public rights-of-way, such as, but not limited to, a mailbox or sign.
NECESSARY or NECESSITY or NEED. What is technologically required for the equipment or service to function as designed by the manufacturer and that anything less will result in the effect of preventing or prohibiting the provision of service as intended and described in the application. NECESSARY, NECESSITY or NEED does not mean what may be desired, preferred or the most cost-efficient approach, and is not related to an applicant’s specific chosen design standards.
PERSON. An individual, association, firm, partnership, limited liability company, joint venture, corporation, government, utility or other organized entity able to contract for the activities described in this chapter, whether for profit or not for profit. The term does not include the city.
PUBLIC RIGHT-OF-WAY or PROW. The area that is used as, or offered, dedicated or reserved for use as a public street, highway, alley, trail, sidewalk, curb, gutter, bike lane, bridge, round-about, tunnel, causeway or shoulder that is located in the city or in an area proposed for annexation to the city. The area also includes, without limitation, drainage areas and dedicated areas, whether with or without surface improvements and that are adjacent to improved areas dedicated for one or more of the above listed uses. The PROW encompasses the surface of the ground, and the area above and below the ground.
RUBBER STAMP or RUBBER STAMPING. To review without meaningful, thorough review of an application as represented by the requirements of this chapter. RUBBER STAMPING of an application shall not be permitted by the Planning or Public Works Departments.
TELECOMMUNICATION(S). The provision or exchange of information by electronic, electrical and radio frequency means involving a transmission source and/or a receiving source and includes a single co-arrangement of transmitters and receivers, known as a transceiver.
TELECOMMUNICATIONS DEVICES. Includes any user owned or controlled communications equipment, including a telephone, computer, television or any functionally equivalent similar device.
TELECOMMUNICATIONS EQUIPMENT. Includes wireless radio frequency transmission or receive equipment, microwave equipment, fiber optic cable, coaxial cable, satellite transmission or received equipment larger than 18 inches in diameter and any internet access modem.
USER or PERSON. An individual or entity that uses the PROW to conduct business, excluding the vehicular or pedestrian use of the PROW, and does or proposes to place facilities in the PROW, places such facilities, or owns or maintains such facilities. The term includes, but is not limited to, licensees and franchisees.
WAREHOUSE or WAREHOUSING. Obtaining the required authorization to work, construct, modify or replace a structure or equipment in the PROW and not expeditiously performing the authorized work in a reasonable time frame as set forth in § 157.10.
(Ord. 2017-O-55, passed 9-12-2017)