Title 13 - Streets and Sidewalks

13.12 Construction on Rights-of-Way

13.12.320 Definitions.

For purposes of this Chapter, the following words and phrases shall have the meaning given herein:

  1. A.
    Abandoned Facilities means those Facilities owned by the ROW-user that are not in use and will not be utilized by the owner in the future.

Effective on: 1/1/1901

  1. B.
    Affiliate means any Person controlling, controlled by or under the common control of a "Service Provider".

Effective on: 1/1/1901

  1. C.
    Applicant means any Person requesting permission to Construct, occupy, lease, maintain or operate Facilities using the Right-of-way, or to Excavate the Right-of-way.

Effective on: 1/1/1901

  1. D.
    Area of Influence means that area around a Street excavation where the Pavement and sub-grade is impacted by the excavation and is subject to more rapid deterioration.

Effective on: 1/1/1901

  1. E.
    City means the City of Overland Park, Kansas, a municipal corporation and any duly authorized representative.

Effective on: 1/1/1901

  1. F.
    City Engineer means the City Engineer, Overland Park, Kansas, or the authorized representative.

Effective on: 1/1/1901

  1. G.
    Construct means and includes Construct, install, erect, build, affix or otherwise place any fixed Facility in, on, under, through or above the Right-of-way.

Effective on: 1/1/1901

  1. H.
    Emergency means a condition that (a) poses a clear and immediate danger to life or health, or of a significant loss of property; or (b) requires immediate Repair or replacement in order to restore Service to a user.

Effective on: 1/1/1901

  1. I.
    Excavate means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth in the Right-of-way.

Effective on: 1/1/1901

  1. J.
    Excavation Fee means the fee charged by the City for each Street or Pavement cut which is intended to recover the costs associated with construction and Repair activity of the ROW-user, its contractors and/or subcontractors.

Effective on: 1/1/1901

  1. K.
    FCC means Federal Communications Commission.

Effective on: 1/1/1901

  1. L.
    Facility (or Facilities) means any irrigation system, structure, material or other object owned, operated or otherwise controlled by a ROW-User.  For a Service Provider, "Facility" includes, but is not limited to, lines, pipes, wires, cables, conduit facilties, ducts, poles, towers, vaults, pedestals, boxes, ground markers, handholes, manholes, appliances, antennas, transmitters, gates, metters, appurtenances, wireless communications facilties or other equipment.  

Effective on: 1/1/1901

  1. M.
    Governing Body means the Mayor and the City Council of the City of Overland Park, Kansas.

Effective on: 1/1/1901

  1. N.
    Governmental Entity means 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 Kansas or of any other state of the United States and any agency or instrumentality of the State of Kansas or of any other state of the United States or of the United States.

Effective on: 1/1/1901

  1. O.
    KCC means the Kansas Corporation Commission.

Effective on: 1/1/1901

  1. P.
    Parkway means the area between a property line and the Street curb. Sometimes called boulevard, tree shelf or snow self.

Effective on: 1/1/1901

  1. Q.
    Pavement means and includes Portland cement concrete Pavement, asphalt concrete Pavement, asphalt treated road surfaces and any aggregate base material.

Effective on: 1/1/1901

  1. R.
    Permit and Inspection Fee means the fee charged by the City to recover its cost incurred for Right-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying Right-of-way Permit applications; inspecting job sites and Restoration of improvements; determining the adequacy of Right-of-way Restoration; revoking Right-of-way Permits and, other costs the City may incur in managing the provisions of this Chapter.

Effective on: 1/1/1901

  1. S.
    Permittee means any Person to whom a Right-of-way Permit is issued to Excavate a Right-of-way.

Effective on: 1/1/1901

  1. T.
    Person means any natural or corporate Person, business association or business entity including, but not limited to, 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.

Effective on: 1/1/1901

  1. U.
    Public Improvement means any project undertaken by the City for the construction, reconstruction, maintenance, or Repair of any public infrastructure, and including without limitation, Streets, alleys, bridges, bikeways, Parkways, sidewalks, sewers, drainage facilities, traffic control devices, street lights, public facilities, public buildings or Public Lands.

Effective on: 1/1/1901

  1. V.
    Public Lands means any real property of the City that is not Right-of-way.

Effective on: 1/1/1901

  1. W.
    Registration means the information required of a Service Provider by the City in conjunction with the authorization of the Service Provider to use any portion of the Right-of-way within the City to provide Service both within and beyond the City limits.  Section 13.12.350 sets forth the specific inforamtion required. 

Effective on: 1/1/1901

  1. X.
    Repair means the temporary construction work necessary to make the Right-of-way useable.

Effective on: 1/1/1901

  1. Y.
    Repair and Restoration Costs means those costs associated with repairing and restoring the Right-of-way because of damage caused by the ROW-user, its contractors and/or subcontractors in the Right-of-way.

Effective on: 1/1/1901

  1. Z.
    Restoration means the process by which an excavated Right-of-way and surrounding area, including Pavement and foundation, is returned to the same condition, or better, that existed before the commencement of the work.

Effective on: 1/1/1901

  1. AA.
    Right-of-way means the area on, below or above Streets, alleys, bridges and Parkways in which the City has a dedicated or acquired right-of-way interest in the real property.

Effective on: 1/1/1901

BB. Right-of-way Permit means the authorization to Excavate for the construction, installation, Repair or maintenance of any type of Facility within the Right-of-way.

Effective on: 1/1/1901

CC. Routine Service Operation means a work activity that makes no material change to the Facilities and does not disrupt traffic.

Effective on: 1/1/1901

DD.  Row Use Agreement means an agreement between the City and ROW-user allowing the ROW-user to Construct and maintain facilities in the Right-of-way, and setting forth any applicable conditions or reqirements associated therewith.  For a Service Provider, a ROW Use Agreement shall include an agreement authroizing the Service Provider's use of the Right-of-way as required by Chapter 13.55 or other applicable law (e.g., Franchise, Master Right-of way License Agreement, Right-of way Agreement or Small Cell Facility Deployment Agreement.  

Effective on: 1/1/1901

EE. ROW-user means 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 thereon, including, but not limited to, landowners and Service Providers. A ROW-user shall not include ordinary vehicular or pedestrian traffic or any Governmental Entity that has entered into an agreement pursuant to K.S.A. 12-2901 et seq. with the City regarding the use and occupancy of the City’s Right-of-way.

Effective on: 1/1/1901

FF. Service means 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 telecommunications, cable, broadband, Internet, Open Video Systems, wireless services, alarm systems, steam, electric, water, telegraph, data transmission, natural gas, Other Energy (see Section 13.55.102), petroleum pipelines, or sanitary sewerage.

Effective on: 1/1/1901

GG. Service Provider means any Person owning, possessing or having an interest in Facilities in the Right-of-way that are used for the provisions of a Service for or without a fee; provided, that this definition shall also include Persons owning, possessing or having an interest in Facilities in the Right-of-way that are used by, may be used by or are intended for use by another Person, in whole or in part, to provide a Service for or without a fee, regardless of whether the actual Facility owner provides any Service as defined herein.

Effective on: 1/1/1901

HH. Street means the Pavement and sub-grade of a City residential, collector or arterial roadway.

(History: Ord. RW-3139 §1, 2016; RW-2410 §2, 2002; RW-2184, 2000)[Source or prior law: 13.12.010]

Effective on: 1/1/1901

II. Traffic Control Regulations means all applicable regulations for traffic control and safety devices, and shall include the Overland Park Traffic Control Handbook, the latest edition of the Manual on Uniform Traffic Control Devices, and any applicable federal or state requirement. In the event of conflict between these regulations, the Overland Park Traffic Control Handbook shall control.

 

(History: Ord. RW-3296 §1, 2020)

Effective on: 1/1/1901