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12.16.010. Definitions

            In this Chapter the following words shall have the following meanings:

            (1)        "Applicant" means any person who makes application for a permit.

            (2)        "Appurtenances" means miscellaneous concrete surfaces within the public way, such as parking bays and carriage walks.

            (3)        "Business" means any place in the City in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.

            (4)        "City" means Layton City, a municipal corporation of the State of Utah.

            (5)        "City Engineer" means the City Engineer, or his/her authorized representative.

            (6)        "Emergency" means any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility services.

            (7)        "Engineering Regulations," "Specifications," and "Design Standards" mean the latest version of the engineering regulations, or Standard Specifications and Detail for Municipal Construction published by the City Engineer.

            (8)        "Excavation(s)" or "Excavate" means digging in, cutting into the surface of, or breaking the surface of a public way.

            (9)        "Excavation Site Restoration" means and includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes but is not limited to repair, cleanup, backfilling, compaction, and stabilization, paving and other excavation necessary to place the site in acceptable condition following the conclusion of the excavation, or the expiration or revocation of the permit.

            (10)      "Failure" means an excavation site restoration which fails to meet City Engineer specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period.  Failure may be settlement of surfaces, deterioration of materials, or other surface irregularities.  Measurement of failure shall be further defined in the Engineering Regulations.

            (11)      "Infrastructure Provider" means a person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the right-of-way.

            (12)      "Operator" means any person who provides service over a telecommunications system and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

            (13)      "Permittee" means any person which has been issued a permit and thereby has agreed to fulfill the requirements of this Chapter.

            (14)      "Person" means and includes any natural person, partnership, firm, association, provider, corporation, company, organization, or entity of any kind.

            (15)      "Pipe Driveway" means a driveway approach which uses a pipe or other means to bridge the gutter.

            (16)      "Property Owner" means person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.

            (17)      "Provider" means an operator, infrastructure provider, reseller, system lessee, or public utility company.

            (18)      "Public Utility Company" means any company subject to the jurisdiction of the Utah State Public Service Commission, or any mutual corporation providing gas, electricity, water, telephone, or other utility product or services for use by the general public.

            (19)      "Public Way" means and includes all public rights-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and pubic drainage ways.  It does not, however, include utility easements not within public ways of the City.

            (20)      "Private Drain Line" means a pipe installed solely for the transmission of water collected or generated on private property such as drainage, spring, or storm water, or condensate into the public drainage system.

            (21)      "Reseller" refers to any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights-of-way.

            (22)      "Resident" means the person or persons currently making their home at a particular dwelling.

            (23)      "Storm Drain" means a dedicated pipe, conduit, water way, or ditch installed in a right-of-way or easement for the transmission of storm and drainage water.  This term does not include private drain lines.

            (24)      "System Lessee" refers to any person that leases a system or a specific portion of a System to provide services.

            (25)      "Telecommunications System" or "System" means all conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased, or used by a provider located in the construction, ownership, operation, use or maintenance of a telecommunications system.

            (26)      "Traffic Barricade Manual" means the manual on proper barricading and traffic control practices, published by the City Engineer.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997

Municipal Code (PDF Format)

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