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

ADMINISTRATIVE DOCUMENT: Includes the specifications of conduit placements along with the guidelines for determining direct costs on a per-project basis.

APPLICANT: An owner or duly authorized agent of such owner, who has applied for a permit to excavate in the rights-of-way.

BROADBAND: Has the meaning provided by applicable Federal law.

COLLECTOR STREET: Has the meaning provided in the town's Engineering Standards, as amended from time to time.

CONDUIT: A single enclosed raceway for cables, fiber optics or other wires, or a pipe or canal used to convey fluids or gases.

DEVELOPER: The person, partnership, corporation, or other legal entity who is improving property within Town and who is legally responsible to the town for the construction of improvements within a subdivision or as a condition of a building permit or other land use or development authorization.

DIRECT COST: All necessary and usual costs associated with the placement of conduits as determined and approved by the town Engineer.

EMERGENCY: Any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged electrical and communications facilities, making it impracticable under the circumstances to provide advanced notice of needed repairs.

EXCAVATE OR EXCAVATION: Any work in the surface or subsurface of the rights-of-way, including, but not limited to opening the rights-of-way; installing, servicing, repairing, or modifying any facility(ies) in or under the surface or subsurface of the rights-of-way, and restoring the surface and subsurface of the rights-of-way.

FACILITIES: Includes, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, fixtures and appurtenances and other like equipment used in transmitting, receiving, distributing, offering, and providing broadband, utility and other services.

LANDSCAPING: Materials, including without limitation, grass, ground cover, shrubs, vines, hedges, or trees and nonliving natural materials commonly used in landscape development, as well as attendant irrigation systems.

MAJOR WORK: Any reasonably foreseeable excavation that will affect the rights-of-way for more than five (5) consecutive calendar days.

OWNER: Any person, including the town, who owns any facilities that are or are proposed to be installed or maintained in the rights-of-way.

PERMIT: Any authorization for use of the rights-of-way granted in accordance with the terms of this chapter, and other applicable laws and policies of the town.

PERMITTEE: The holder of a valid permit issued pursuant to this chapter and other applicable provisions of applicable law for excavation in the rights-of-way.

PERSON: Any person, firm, partnership, special, metropolitan, or general district formed under title 32 of the Colorado Revised Statutes, or other applicable State law, association, corporation, company, or organization of any kind.

RIGHTS-OF-WAY: Any public street, road, way, place, alley, sidewalk or easement, that is owned, held or otherwise dedicated to the town for public use.

TOWN: The town of Breckenridge, Colorado.

TOWN ENGINEER: The town Engineer of the town, or such person's designee acting pursuant to section 1-7-2 of this Code.

WORK: Any labor performed on, or any use or storage of equipment or materials, including but not limited to, construction of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, street lights, and traffic signal devices. Such term shall also mean construction, maintenance, and repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar facilities located below surface, and installation of overhead poles used for any purpose. (Ord. 9, Series 2018)