§ 13.56.030. Definitions.

Unless otherwise stated, words and phrases used in this Chapter shall have the following meanings when capitalized:

"Applicable Law" means any Local Law or federal or state statute, law, regulation, or other legal authority governing any of the matters addressed in this Chapter.

"Appurtenance" means equipment and/or accessories which are a part of or related to Facilities.

"Backfill" means replacement of excavated material with suitable material compacted as specified.

"Board" means the Board of County Commissioners of Thurston County, Washington.

"Boring" means grade and alignment-controlled mechanical or other method of installing, such as hole hogging, a pipe or casing under a Road or Trail without disturbing the surrounding medium.

"Casing" means a larger pipe or other mechanism enclosing a Facility for the purpose of providing structural or other protection to the Facility and/or to allow for their replacement without re-excavation, jacking or boring.

"Closed Record Appeal" means an administrative appeal on the record to a court of competent jurisdiction following an open record hearing before the Director of the Public Works Department, with no new evidence or information allowed to be submitted.

"Coating" means protective material applied to the exterior or interior of a pipe or conduit to prevent or reduce abrasion and/or corrosion damage.

"Conduit" means an enclosed tubular runway for protecting wires, cables and/or pipes.

"Contractor" means a Person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, Excavate, add to or subtract from any improvements covered by this Chapter, that requires Work, workers, and/or equipment to be in the rights-of-way in the process of performing the above named operations.

"County" means Thurston County, a municipal corporation and political subdivision of the State of Washington.

"Cover" means depth from the top of an underground Facility to the finished grade of a Road, Trail, driveway, sidewalk, shoulder, ditch or other surface within the rights-of-way.

"Developer" means the Person, partnership, corporation, or other legal entity who is improving a parcel of land within the County and who is legally responsible to the County for the construction of improvements required as a condition of a plat approval, building permit or other land-use permit.

"Director" means the Director of the Thurston County Public Works Department or his/her designee.

"Drain" means appurtenances to discharge accumulated liquids from casings or other enclosures.

"Emergency" means any event where advanced notice of needed repairs is impractical under the circumstances and such event 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.

"Engineer" means the Thurston County Engineer or his/her designee.

"Excavation" or "Excavate" means any operation in which earth, rock, or other material within the rights-of-way is moved or displaced by any means, unless otherwise exempt.

"Facility" or "Facilities" means, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, fixtures and Appurtenances, Structures and other equipment used in connection with transmitting, receiving, distributing, offering, and providing utility and other services located under, on or above the surface of the ground within rights-of-way. For the purposes of this definition, Facilities include Telecommunications Facilities and Cable Facilities as those terms are defined in Title 13 TCC.

"Fiber optics" means any form of communications transmission by glass wire strands that uses light to send data, video and sound.

"Franchise" means the authorization granted by the County pursuant to the Thurston County Code, Chapter 36.55 RCW, and/or Chapter 80.32 RCW that grants the non-exclusive right to occupy the space, or use Facilities upon, across, beneath, or over any rights-of-way in the County, or to provide a specified service within a franchise area.

"Gallery" means an underpass for two or more utility lines; or a drainage feature commonly referred to as an infiltration gallery.

"Infrastructure" means any public Facility, system, or improvement including, without limitation, storm drains, Structures, Roads, Trails, alleys, signs, Landscaping improvements, sidewalks, illumination, traffic calming devices and public safety equipment.

"Jacking" See "Boring."

"Landscaping" means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees and non-living natural materials and Structures commonly used in landscape development, as well as attendant irrigation systems.

"License" means a limited, revocable and non-exclusive right granted by the County to occupy the space, or use Facilities upon, across, beneath or over rights-of-way.

"Local Law" means any Thurston County ordinances, regulations, rules, standards or other legal authority adopted by the County governing any of the matters addressed in this Chapter.

"Manhole" means an opening in an underground system, including, without limitation, catchbasins, vaults, handholes, valve boxes, junction boxes, cleanouts and meter boxes into which workers or others may enter for the purpose of cleaning, testing, making installations, inspections, repairs and connections.

"MUTCD" refers to the current edition of the Manual on Uniform Traffic Control Devices, as adopted by the Washington State Department of Transportation and published by the United States Department of Transportation, Federal Highway Administration, or any successor publication thereto.

"Overhead Facilities" means Facilities and Telecommunications Facilities located above the surface of the ground, including the underground supports and foundations for such Facilities.

"Owner" means the lawful owner of Facilities subject to provisions of this Chapter.

"Pavement Structural Section" means the combination of sub-base, base course and surfacing placed on a subgrade to support the traffic load and distribute it to the subgrade.

"Permit" means any authorization for use of the rights-of-way granted in accordance with the terms of this Chapter and Local Law. The Permit provides specific requirements and conditions for specific Work at specific locations within the rights-of-way.

"Permittee" means the holder of a valid Permit issued pursuant to this Chapter who has been granted certain rights and obligations as more fully described in this Chapter.

"Person" means any natural person, or public or private legal entity of any kind.

"Pipe" means a structural tubular product designed, tested and produced for the transmittance of specific liquids and gases under specific conditions.

"Plowing" means direct burial of utility lines by means of a "plow" type mechanism, including but not limited to wheel trenching, which breaks the ground, places the utility line at a predetermined depth, and closes the break in the ground.

"Pressure" means internal gauge pressure in a pipe in pounds per square inch, gauge (psig).

"Public Project" means the construction, repair, maintenance or installation of any County, state, federal, city and/or port funded project; and/or the operations of the County or other governmental entity in or upon the rights-of-way.

"Relocation" means the changing of location of an existing Facility to another location without changing the character or general physical nature of the Facility, includes converting Facilities from aerial to underground.

"Replacement" means installation of a like element of a Facility in the same or near-same physical location to function in place of an existing element normally due to damage, wear or obsolescence of the element.

"Restoration" means all Work necessary to replace, repair or otherwise reestablish the rights-of-way and all features contained within it to the same or better condition as it existed prior to any change or construction therein.

"Rights-of-Way" means all property within unincorporated and incorporated Thurston County, Washington in which the County has any form of interest or title and which is held for Road or Trail purposes, regardless of whether or not any Road or Trail exists thereon or whether or not it is used, improved, or maintained for public travel.

"Road" or "Roadway" means an improvement(s) in the rights-of-way maintained by the County for Traffic purposes as measured from the outside of the shoulder or from the back of the curb or ditch. Road or Roadway does not include Trails.

"Road Standards" means the Thurston County Road Standards, as adopted in Section 15.04.081 of the TCC, or as subsequently amended.

"Service connection" means a single connection made to a Facility for the purpose of providing utility or telecommunication services.

"Service repair" means a repair made to a service connection.

"Significant Tree" means a healthy tree (i.e., a tree that does not have a high probability of falling due to a debilitating disease or a structural defect) twenty-four inches in diameter at breast height (four and one-half feet above grade) located within the rights-of-way or overhanging the rights-of-way.

"Sleeve" means a short casing through a pier, wall or abutment of a Facility.

"Specifications" means the Thurston County Road Standards and other publications adopted therein.

"Street" See "Road."

"Structure" means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, Pavement Structural Sections, bridges, drainage facilities, foundations, steps, fences, benches, lights, retaining walls, mechanically stabilized earth walls and slopes, awnings, balconies, and canopies.

"TCC" means Thurston County Code.

"Trail" means any path or track designed for use by pedestrians, bicycles or equestrians and which is not of sufficient width or grading to permit its use by standard passenger automobiles, or any other rights-of-way specifically designated and posted for non-vehicular use.

"Traffic Control" means those activities and devices necessary to safeguard the general public, as well as all workers, during the construction, Relocation, removal and maintenance of Facilities within the rights-of-way, in accordance with applicable federal and state law.

"Traffic" means all modes of transportation including without limitation, Vehicles, pedestrians, bicycles, joggers, skaters, wheel chairs (motorized and non-motorized) and other non-motorized users.

"Trenched" means installation of a Facility in an open excavation.

"Trenchless" means installation of a Facility without breaking the ground or pavement surface such as by jacking or boring.

"Un-Opened rights-of-way" means rights-of-way that are not maintained by the County.

"Vehicle" or "Vehicles" means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

"Vent" means an appurtenance to discharge gaseous substances from casings or other enclosures.

"Work" means the provision of all labor, materials, tools, equipment, and everything needed to successfully complete a project, including without limitation, grading, paving, leveling, altering, constructing, repairing, removing or Excavating any Pavement Structural Section, sidewalk, crosswalk, curb, driveway, gutter, ditch, public sewer, water main, conduit, fuel tank, vault, or any other Facility or improvement located over, under, or upon any Road, Trail or other public place, or to place any Facility, building materials, earth, gravel, rock, garbage, debris, or any other material or thing tending to obstruct, damage, disturb, or interfere with the free use thereof or any improvement situate therein.

(Ord. No. 15033, § 1(Att. A), 6-24-2014)