§ 58-31. Permit requirement; definitions.

(a)

Permit requirement. It shall be unlawful for any person to construct any new improvement, or to dig up, break, excavate, tunnel, or otherwise undermine or destroy the ground or any street, sidewalk, bike path, drainage pipe, utility line or any other improvement in a public right-of-way or other public property without first obtaining a right-of-way construction permit or complying with any other requirements as provided in this article. Notwithstanding the provisions of this article II, a person seeking to place or to maintain a communications facility in the public rights-of-way shall comply with article IV, entitled "Communications Facilities in Public Rights-of-Way" of the Code.

(b)

Definitions. As used in this article, the term:

Administrative official shall have the same meaning as provided in the Land Development Code. In the absence of a definition in the Land Development Code, the term shall mean the city manager.

Bike path means any road, path, or other right-of-way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such right-of-way is designated for the exclusive use of bicycles or for shared use with other transportation modes.

Driveway means the portion of the parkage intended for use for ingress to and egress from the abutting property.

Parkage means the portion of a right-of-way between the adjoining property and the street which is intended for uses accessory to primary uses of the street, including, but not limited to, ornamental purposes, sidewalks, driveways, and surface and subsurface utilities.

Right-of-way means a public right-of-way, public easement, highway, street, bridge, tunnel, waterway, dock, wharf, court, lane, path, or alley, or any other way for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal city property except as described above, and shall not include city parks, buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the "public rights-of-way."

Sidewalk means a walkway intended to be used primarily by pedestrians on one or both sides of a street.

Street means the portion of the right-of-way which is intended to be used by normal vehicular traffic, including paved and unpaved roadways but not including service entrances or driveways leading from roadways onto adjoining property.

(Ord. No. 1992-27, § 2, 8-25-92; Ord. No. 1995-47, § 1, 1-16-96; Ord. No. 2018-13 , § 2, 8-7-2018)