§ 14-11-161. DEFINITIONS.

In this division:

(1)

APPLICANT means an owner or authorized agent of an owner, who submits an application for a permit under this division.

(2)

AS-BUILT DRAWING means a drawing or plan that shows the horizontal and vertical alignment, facility dimensions, type of encasement, and any other information determined by the director to help identify and protect the facility installed in the right-of-way.

(3)

CITY BUSINESS DAY means a day on which city offices conduct business.

(4)

DAMAGES mean actual damages, whether direct or indirect, to the surface or subsurface of the right-of-way or adjacent area.

(5)

DEPARTMENT means the department designated by the city manager.

(6)

DIRECTOR means the department director designated by the city manager.

(7)

DOWNTOWN AUSTIN PROJECT COORDINATION ZONE means the area bounded by IH-35, from the north shoreline of Town Lake to Oltorf Street; Oltorf Street from IH-35 to Lamar Boulevard (South); Lamar Boulevard (South) from Oltorf Street to Barton Skyway; Barton Skyway from Lamar Boulevard (South) to the west terminus of Barton Skyway; a straight line from the west terminus of Barton Skyway to the east terminus of Barton Skyway; Barton Skyway, from its east terminus to Loop 1 (MoPac Expressway); Loop 1 (MoPac Expressway) from Barton Skyway to Enfield Road; Enfield Road from Loop 1 (MoPac Expressway) to 15th Street (West); 15th Street (West) from Enfield Road to Lamar Boulevard (North); Lamar Boulevard (North) from 15th Street (West) to Martin Luther King, Jr. Boulevard; Martin Luther King, Jr. Boulevard from Lamar Boulevard (North) to Chicon Street; Chicon Street from Martin Luther King, Jr. Boulevard to Chicon Street's south terminus; a straight line from Chicon Street's south terminus to the north shoreline of Town Lake; the north shoreline of Town Lake, from the straight line extending from the south terminus of Chicon Street to IH-35, and including the boundary streets.

(8)

EMERGENCY OPERATIONS means operations or repairs of facilities to prevent imminent harm to the health, safety, or welfare of persons or property.

(9)

EXCAVATION means an activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the right-of-way. Excavation does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner's property line, unless the activity removes or disturbs the paved portion of the right-of-way.

(10)

EXCAVATION SEQUENCE means a document describing the order, estimated start and completion dates of all excavation projects approved during a six month period.

(11)

FACILITY means property or equipment permanently located in the right-of-way except equipment related to landscaping activity.

(12)

INSTALLATION means the placement or construction of a facility on-site, whether the placement of construction is on, below, or above the surface of the right-of-way, for a term longer than 180 days, and includes replacement or modification of the facility.

(13)

NEW STREET means the paved portion of the right-of-way that:

(a)

has been constructed or reconstructed:

(i)

for at least 300 feet with a minimum of one and a half inches of asphaltic pavement overlay or from joint to joint for concrete pavement;

(ii)

during the preceding seven years for a collector or arterial street; or

(iii)

during the preceding five years for a residential street or alley; or

(b)

is a collector or arterial street at least seven years old with a riding comfort index greater than seven as defined in the City of Austin SuperPMS User's Manual, Chapter 4, "Riding Comfort Index."

(14)

OWNER means a person or entity, other than the City, who owns or controls a facility in a right-of-way.

(15)

PERMIT means a permit issued under this division to excavate or to install facilities in the right-of-way.

(16)

PERMIT HOLDER means a person who receives a permit under this division and that person's agent.

(17)

PROJECT DESCRIPTION means a document listing the proposed excavation route, the estimated length, width, and depth of the facilities installed along that route, and the projected date that the applicant will begin excavation on a project.

(18)

RESIDENTIAL STREET means a public street classified by the director as "local streets-general," "local streets-loop," and "collector-residential."

(19)

RIGHT-OF-WAY means the total surface area, and the area above and below the surface, between property lines that is dedicated, deeded, reserved by plat or otherwise owned or controlled by the City as a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.

(20)

RIGHT-OF-WAY ASSIGNMENT means a specific portion of right-of-way designated by the director for the placement of a facility.

(21)

ROUTINE WORK means an excavation project of 300 linear feet or less.

Source: Ord. No. 20170817-045 , Pt. 2, 8-17-17.