[R.O. 2016 § 515.010; Ord. No.
475 § 1, 2-3-2016[1]]
The provisions contained in Article III (Private Property Site Work) of this Chapter 515 shall apply when the Code Enforcement Officer determines that an application for an excavation, fill or grading permit (collectively, a site work permit) properly falls within the provision of Article III rather than Article II (Public Utility excavation Or Other Work Within Public Right-Of-Way excavations And Public Rights-Of-Way Management) or Section 407.020 of this Code (Land Disturbance Code).
[R.O. 2016 § 515.020; Ord. No.
475 § 1, 2-3-2016; Ord. No. 18-06, 2-21-2018]
For purposes of this Chapter, the following terms, phrases,
words, and their derivatives shall have the meanings set forth in
this Section, unless the context clearly indicates that another meaning
is intended.
Any equipment, materials, apparatuses, devices, or facilities
that are:
Declared abandoned by the owner of such equipment or facilities;
No longer in active use for a period of six (6) months or more,
and the owner of such equipment or facilities fails to respond within
thirty (30) days to a written notice sent by the City;
The owner allows a franchise, agreement or license to expire
and fails to cure within thirty (30) days after notice; or
As otherwise may be defined by applicable law.
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.
Any person who has applied for a ROW use agreement, franchise,
license, ROW permit, or any permit or other authorization to install,
maintain, repair or otherwise physically access facilities in the
ROW.
Any facilities located in the ROW and owned by the City.
The 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 delivery 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 § 67.2677, RSMo. The term "communications
service" does not include the rental of conduit or physical facilities.
The City Clerk.
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, or otherwise displaced, by means of any tools, equipment
or explosives, except as excluded by applicable law. Excavation shall
include:
A permit authorizing excavation for the construction or installation
of facilities in the City's rights-of-way.
The construction, installation, repair, upgrade, or other
physical access to the facility in the ROW that does not involve excavation.
A permit issued by the City for the ROW user to provide maintenance
to its facilities or otherwise perform work in the ROW that does not
involve excavation but requires physical access to the facilities
in the ROW.
Any equipment, installation, or structure located in the
rights-of-way, including, without limitation, cables, wires, lines,
poles, towers, antennas, conduit facilities, vaults, pedestals, transmitters,
meters, fiber, foundations, and any other equipment, infrastructure,
structures or obstructions. Facilities shall not include mailboxes,
lawful vehicular parking or use or lawful minor incidental uses such
as driveway aprons, private utility connections or other incidental
facilities which may be permitted by license issued by the Director
as provided herein.
Any act by which earth, sand, gravel, rock, or any similar
material is deposited, placed or transported to any location other
than from the place from which excavated and shall include the conditions
resulting therefrom.
A binding and accepted ordinance for certain ROW users to
occupy the rights-of-way for the purpose of providing, transporting,
or distributing electricity, gas, water, steam, lighting, energy,
or sewer service to any person or area in the City's limits and boundaries.
Excavation, fill, or other similar site disturbance which
alters existing surface drainage or topography and shall include conditions
resulting from any excavation or fill.
The executed agreement between the City and a person to use
and occupy the rights-of-way for the purpose of installing incidental
temporary facilities within the rights-of-way or incidental uses such
as ingress and egress facilities, lateral utility lines, or driveway
aprons.
An excavation permit or a facilities maintenance permit.
Any corporation, partnership, proprietorship, individual,
organization, governmental entity or any natural person.
The area on, below, or above a public roadway, highway, street
or alleyway in which the City has an ownership interest or right of
management, and including such adjacent areas within such public ways
within such City control, except as may be limited by law.
A document granting consent by the City to use the ROW for
the purpose of providing communications service or for such other
use for which a franchise or license is not applicable and obtained
as provided for herein.
All persons and entities, whether a PSC-registered utility
or otherwise, owning, controlling, leasing, maintaining, using or
installing facilities in the rights-of-way of the City, not otherwise
expressly exempted. To the extent permitted by law, ROW user shall
not include the City.
Excavation, fill, or grading activities or a combination
thereof.
[R.O. 2016 § 515.030; Ord. No.
475 § 1, 2-3-2016]
The construction, maintenance or existence of any unprotected,
unbarricaded, open or dangerous excavation, hole or pit is hereby
prohibited. All excavations shall be performed pursuant to a permit
issued by the Code Enforcement Officer as provided herein or pursuant
to Section 407.020 of this Code (Land Disturbance Code) and shall
be properly protected with warning signs, fencing or other protections
installed in such manner as may be prescribed by the Code Enforcement
Officer.
