[Ord. No. 3149, 11-15-2022]
The following words, terms, and phrases, when used in this Chapter,
shall have the meanings given to them in this Section, except where
context clearly indicates a different meaning:
ABANDONED EQUIPMENT OR FACILITIES
Any equipment, materials, apparatuses, devices or facilities
that are:
1.
Declared abandoned by the owner of such equipment or facilities;
2.
No longer in active use, physically disconnected from a portion
of the operating facility or any other facility that is in use or
in service, and the owner or last owner of record maintained by the
City fails to respond within thirty (30) days of written notice that
said facility or equipment is still in use;
3.
No longer capable of being used for the same or similar purpose
for which the equipment, apparatuses or facilities were installed;
4.
Or as otherwise may be defined by applicable law.
AGGRIEVED
Any person directly impacted by an action or decision of
the City such that the person would have standing in a court of law
to challenge the action.
ANTENNA
Any device that transmits and/or receives electromagnetic
wireless radio waves or signals for voice, data or video communications
purposes, including, but not limited to, television, text, AM/FM radio,
microwave, cellular telephone, communications service, or otherwise.
APPLICANT
Any person requesting permission to occupy or operate facilities
using the right-of-way, or to work, excavate, or locate facilities
in the right-of-way.
ATTACHMENT AGREEMENT
Written document showing the consent of the owner of the
land, facility, structure or equipment housing device for the applicant
seeking to use the right-of-way under this Chapter, including the
terms and conditions which shall include rent, term and notice requirements.
CITY
The City of Parkville, Missouri, a municipal corporation
and any duly authorized representative.
CITY ENGINEER
The City Engineer of Parkville, Missouri, or an authorized
representative.
CODE
The Code of Ordinances of the City of Parkville, Missouri.
COMMISSION
The Missouri Public Service Commission.
COMMUNICATIONS SERVICE
Transmission via facilities, in whole or in part, of any
writings, signs, signals, pictures, sounds, or other forms of intelligence
through wire, wireless, or other means, including, but not limited
to, any telecommunications service, enhanced service, information
service, or internet service, as such terms are now, or may in the
future, be defined under applicable law, and including all instrumentalities,
facilities, apparatus (communications facilities), and services (among
other things, the receipt, forwarding, and deliver of telecommunications)
incidental to such transmission or designed to directly or indirectly
facilitate or accept such transmission and shall also include "video
services" as defined in Section 67.2677, RSMo. The term "communications
service" does not include the rental of conduit or physical facilities.
CONSTRUCT
Includes construct, install, erect, build, affix or otherwise
place any fixed structure or object, in, on, under, through or above
the right-of-way.
DAY
Calendar day unless otherwise specified.
DESIGN STANDARDS
Reasonable standards as approved by the Director of Public
Works and on file in the office of the City Engineer for any installations
within the right-of-way which may, but are not required, to include
all or any portion of the following or similar codes, standards or
guidelines: Building codes and uniform development ordinances, outside
plant (OSP), utility and contractor industry standards, any Federal,
State or local government agency guidelines and standards such as
MoDOT, or MARC, the Federal Energy Regulatory Commission (FERC) and
the National Telecommunications and Information Administration (NTIA
of USDC), any standards or guidelines developed by the Missouri Association
of Municipal Utilities or other State counterparts, the American Public
Works Association, the American Public Power Association or their
International counterparts, private utility associations such as CTIA
(wireless industry). These design standards shall be in addition to
the Design and Construction Manual of the City and shall include all
the requirements of the Design and Construction Manual.
EMERGENCY
Includes, but is not limited to, the following:
1.
An unexpected or unplanned outage, cut, rupture, leak or any
other failure of an ROW-user facility that prevents or significantly
jeopardizes the ability of a ROW-user to provide service to customers;
2.
An unexpected or unplanned outage, cut, rupture, leak or any
other failure of an ROW-user facility that results or could result
in danger to the public or a material delay or hindrance to the provision
of service to the public if the outage, cut, rupture, leak or any
other such failure of ROW-user facilities is not immediately repaired,
controlled, stabilized or rectified; or
3.
Any occurrence involving an ROW-user facility that a reasonable
person could conclude under the circumstances that immediate and undelayed
action by the ROW-user is necessary and warranted.
EXCAVATE, EXCAVATING OR EXCAVATION
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed, tunneled into, bored into, graded, or otherwise displaced,
by means of any tools, equipment or explosives, except that the following
shall not be deemed excavation:
1.
Any de minimis displacement or movement of ground caused by
pedestrian or vehicular traffic;
2.
The replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut; or
3.
Any other activity which does not disturb or displace surface
conditions of the earth, asphalt, concrete, sand, gravel, rock or
any other material in or on the ground.
FACILITY or FACILITIES
Lines, pipes, irrigation systems, wires, cables, conduit
facilities, poles, towers, vaults, pedestals, boxes, appliances, antennas,
transmitters of any kind, gates, meters, appurtenances, duct, culvert,
tube, satellite dish, micro cell, pico cell, repeater, amplifier,
other device capable of assisting in the transmission or distribution
of a service or commodity, or other equipment used for or related
to providing service whether used privately or made available to the
public.
FCC
Federal Communications Commission.
FRANCHISE AGREEMENT
A negotiated and formal contract setting out the rights and
responsibilities of the ROW user which is for a set amount of time
and includes a franchise fee payable to the City and approved by the
Board of Aldermen of Parkville.
GOVERNMENTAL ENTITY
Any County, Township, City, Town, Village, school district,
library district, road district, drainage or levee district, sewer
district, water district, fire district or other municipal corporation,
quasi-municipal corporation or political subdivision of the State
of Missouri or of any other State of the United States and any agency
or instrumentality of the State of Missouri or of any other State
of the United States or of the United States.
LICENSE
The rights and obligations extended by City to an ROW-user
to own, construct, maintain and operate its structures, equipment,
landscaping, furnishings, and facilities within the ROW granted to
an ROW-user by the City upon application for and the granting of a
ROW permit, conditional use waiver and/or license, as may be applicable.
MISSOURI ONE CALL
The procedural requirements for excavation and utility safety
established by Section 319.010, RSMo. et seq.
PARKWAY
The area between a property line and the street curb or the
edge of pavement, sometimes called boulevards, tree-shelves or snow-shelves.
PAVEMENT
Includes Portland cement concrete pavement, asphalt concrete
pavement, asphalt treated road surfaces and any aggregate base material.
PERSON
Any natural or corporate person, business association or
business entity, including, but not limited to, a corporation, 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.
PUBLIC IMPROVEMENT
Any project undertaken by the City, or its agents, contractors,
or subcontractors, for the construction, reconstruction, maintenance,
or repair of any public infrastructure, and including without limitation,
streets, alleys, curbs, bridges, bikeways, parkways, sidewalks, sewers,
drainage facilities, traffic control devices, street lights, public
facilities, public buildings or public lands; provided that projects
undertaken by the City for the construction, reconstruction, maintenance,
or repair of any public infrastructure funded by, or substantially
by, user fees imposed upon those using the public infrastructure shall
not be deemed "public improvements" and shall not be exempt from the
permit requirements of this Chapter.
PUBLIC LANDS
Any real property of the City that is not right-of-way.
RESELLER SERVICE PROVIDER
A right-of-way (ROW) user providing service within the City
that does not have its own facilities in the right-of-way, but instead
uses the right-of-way by interconnecting with or using the network
elements of another ROW-user utilizing the right-of-way, and/or by
leasing excess capacity from a facility based service provider.
RESTORATION
The process by which an excavated right-of-way and surrounding
area, including pavement, foundation, and green space is returned
to the same condition that existed before the commencement of the
excavation or work.
RIGHT-OF-WAY or ROW
Generally public property vested in the City in trust for
the citizens, in fee or easement, to which the public has a right
to access and use for the purpose intended by the dedication, including,
but not limited to, the area on, below or above a public sidewalk,
roadway, highway, street or alleyway in which the City has an ownership
interest or right of management, but not including:
1.
The airwaves above a public right-of-way with regard to cellular
or other non-wire telecommunications or broadcast service;
2.
Easements obtained by utilities or private easements in platted
subdivisions or tracts;
3.
Railroad rights-of-way and ground utilized or acquired for railroad
facilities unless the land or interest therein has been dedicated
to public use; or
4.
Poles, pipes, cables, conduits, wires, optical cables, or other
means of transmission, collection or exchange of communications, information,
substances, data, or electronic or electrical current or impulses
utilized by a utility owned or operated by a governmental entity pursuant
to Ch. 91, RSMo.
RIGHT-OF-WAY PERMIT
The authorization to work, excavate, or locate facilities
in the right-of-way.
RIGHT-OF-WAY-USER or ROW-USER
A person, its successors and assigns, that uses the right-of-way
for purposes of work, excavation, provision of services, or to install,
construct, maintain, repair facilities, equipment, furnishings, signs,
or structures thereon, above, or adjacent to for use by another identified
entity or person, for which a right-of-way permit and/or a temporary
traffic control permit is required, including, but not limited to,
landowners and service providers. An ROW-user shall not include ordinary
vehicular or pedestrian traffic. Individuals or entities entering
into a license agreement or conditional use waiver are considered
ROW users.
SECURITY
A financial guarantee sufficient as determined by the City
Engineer or designee of the Director of Public Works and in a form
approved by the City Attorney to guarantee that the right-of-way or
other public property will be returned to a condition which is the
same or better than at the time any excavation, construction, modification,
alteration, repair or use takes places or commences.
SERVICE
A commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the right-of-way,
including, but not limited to, gas, telephone, cable television, internet
services, open video systems, fiber optic, data communication service,
alarm systems, steam, electric, water, telegraph, data transmission,
petroleum pipelines, or sanitary sewerage.
SERVICE PROVIDER
Any person that is a provider of a service for or without
a fee that has the requisite certifications and authorizations from
applicable governmental entities, including the FCC, to provide such
service, including, but not limited to, every cable television service
provider, fiber optic/internet service provider, pipeline corporation,
gas corporation, electrical corporation, rural electric cooperative,
telecommunications company, water corporation, heating or refrigerating
corporation or sewer corporation under the jurisdiction of the public
service commission; every municipally owned or operated utility pursuant
to Ch. 91, RSMo., or pursuant to a charter form of government or cooperatively
owned or operated utility pursuant to Ch. 394, RSMo.; every street
light maintenance district; every privately owned utility; and every
other entity, regardless of its form of organization or governance,
whether for profit or not, which in providing a public utility type
of service for members of the general public, utilizes pipes, cables,
conduits, wires, optical cables, poles, or other means of transmission,
collection or exchange of communications, information, substances,
data, or electronic or electrical current or impulses, in the collection,
exchange or dissemination of its product or services through the public
rights-of-way. Service provider includes both facility based service
providers and reseller service providers.
STREET
The pavement and sub-grade of a City access, local, collector
or arterial roadway.
TEMPORARY OBSTRUCTIONS
Obstructions which impede the use of the right-of-way by
others in any fashion but which are designed to remain less than sixty
(60) days.
TEMPORARY TRAFFIC CONTROL
The temporary management of motorized and non-motorized traffic
through the use of official traffic control devices, including, but
not limited to, signs, markings, fence, barricades, lights, delineators,
and channelizers, as necessary when the construction, repair, removal,
excavation, work, events, or other activity, whether within or adjacent
to the public right-of-way, impacts normal traffic conditions.
TEMPORARY TRAFFIC CONTROL PERMIT
The written authorization for an ROW-user to act in a manner
that narrows, closes, re-directs, or otherwise impacts the normal
flow of vehicular traffic or pedestrian traffic on any public street
or sidewalk.
TOPSOIL
Types O and A soil as indicated in the USGS Soil Horizon
Chart shall be placed in the top six (6) inches of all excavation
outside of paved areas, including areas that will receive sod. Types
O and A soil is dark nutrient rich topsoil, free of rocks, clods,
and debris that is capable of establishing and sustaining grass.
UNLAWFUL
Any act or omission in violation of any applicable law or
action that are not authorized by any applicable law, including this
Chapter.
WORK or WORKING
The construction, installation, repair or maintenance of
any type of facility within the right-of-way, or alteration of the
right-of-way in any fashion that is not performed by the City or one
(1) of its contractors unless an exemption as provided in this Chapter
applies to the routine maintenance of the facility or alteration.
[Ord. No. 3149, 11-15-2022]
Acceptance of the terms and conditions of this Chapter may be
acknowledged by the filing of a certificate of acceptance on a form
approved by the City Attorney's office and filing same with the
City Clerk or applying for, and being granted, a permit to construct,
install, repair, replace maintain or otherwise work in the City's
ROW for the purpose of constructing, installing, repairing, replacing,
or maintaining any structure, equipment or facility for any service
as defined herein regardless of the technology used. Upon such acceptance,
the ROW-user shall be bound to the terms and conditions set out herein
and as amended from time to time provided no substantive or material
rights are altered or restricted by such amendments. The granting
and acceptance of a franchise or license notwithstanding, any and
all ROW-users are subject to the City's Codes, including, but
not limited to, this Chapter and its zoning ordinances, State and
Federal law, and holding of a franchise or license shall not excuse
such compliance.