Sec. 645-112. - Definitions.
(a) The following terms and phrases when used throughout this Article I of Chapter 645 shall have the meanings ascribed to them in this section.
Article means this article of this Code.
Director of the department of public works means such director and any person to whom such director specifically delegates the powers under this Chapter 645.
Effective date means the date upon which this article is considered adopted pursuant to IC 36-3-4-14.
Entity means a corporation, partnership, limited liability company, association, firm, other entity, and any governmental agency, authority, board, agency and department.
Facilities mean, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, conductors, lines, mains, vaults, appliances, attachments, equipment, structures, manholes, and other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and providing utility services, cable television, communications, signaling, electricity, water, steam and other services or functions.
General management costs means the management costs for:
a. Registration and permit administration;
b. Management of the public rights-of-way, including costs associated with the implementation and administration of the ordinances and policies of the consolidated city;
c. Project management, including personnel costs and consulting expenses associated with coordinating utility and public right-of-way projects, design, inspection, testing, construction management, planning, and engineering, as well as restoration or remedial work required for inadequate work of an occupant to the extent that such inadequate work cannot be identified to a specific occupant or the occupant to which such inadequate work can be identified is insolvent;
d. Public right-of-way engineering;
e. Land acquisition for public right-of-way, including but not limited to appraising, title work, negotiating, costs of litigation, mediation and settlement, consultants, witnesses and attorneys fees;
f. Mapping the public rights-of-way and coordinating mapping of all occupants of the public rights-of-way, including the costs of layout, materials and supplies, in order to verify occupation of the public rights-of-way;
g. Geographic information system costs incurred after the effective date with respect to facilities installed in the public right-of-way, including the costs of automated mapping, computer and technical services, input of data, coordination and maintenance of the base map, personnel, software and equipment;
h. Administrative overhead, including allocation of administration, personnel, fiscal and information systems costs;
i. Application development and data conversion and maintenance, including necessary software development to provide for the integration of utility data into the geographic information system for viewing, querying and report generation;
j. Legal services to develop, interpret, implement, enforce and defend the ordinances, policies and procedures of the consolidated city regarding the public rights-of-way; and
k. Maintenance of a roadway inventory system, including maintenance of a pavement management system and inventory of roadway surface condition ratings to determine maintenance needs and schedules.
Greenway means a linear open space which is intended for the use of pedestrians and non-motorized devices, and which facilitates transportation to neighborhoods and other community destinations.
Management costs means "general management costs" and "specific management costs" that are direct, actual and reasonably incurred costs of the consolidated city in managing the public rights-of-way.
Municipally owned utility facilities means any facilities owned by the consolidated city, or any division, department, bureau or agency thereof, including the utilities department and the department of public works, and for which a user fee or charge is made or collected by or on behalf of such owner.
Occupant means any person or entity who owns any facilities occupying the public rights-of-way. If the owner of any facilities leases or licenses such facilities exclusively to another person or entity and if the lease or license so provides and a copy of such lease or license is filed with the department of public works, then the lessee or licensee thereof shall be deemed the "occupant" of such facilities for purposes of this article.
Occupy (and the various forms of such word, such as occupying, occupied, etc.) means to install, construct, maintain, operate or own any facilities in the public rights-of-way.
Person means an individual or natural person.
Public easement means any easement owned or controlled by the consolidated city and established, acquired, dedicated or devoted to public utility purposes, including the area above and below such easements.
Public right-of-way means any travelled way and/or any public easement.
Public utility shall have the meaning ascribed thereto in IC 8-1-2-1(a).
Registrant means any entity or person who is required by this chapter to file with the board of public works a registration statement.
Regulation is defined in section 102-15 of the Code and, as used in this article, includes any regulation adopted by the board of public works pursuant to section 645-131, chapter 141 of the Code.
Specific management costs means the management costs for:
a. Construction, maintenance, repair and restoration of the public rights-of-way to the extent not included as a general management cost above, including, without limitation, the inspection of job sites and restoration projects as well as restoring work inadequately performed after providing notice and an opportunity to correct the work; and
b. Implementation and administration of this chapter and any ordinance that ensures that an occupant adequately restores the public right-of-way to the public right-of-way's original condition and remaining life.
Thoroughfare means that portion of any public right-of-way that is included in the Marion County Thoroughfare Plan.
Traveled way means any highway, street, alley, sidewalk or other public right-of-way for motor vehicle or pedestrian travel under the jurisdiction or control of the consolidated city, including any areas within any public right-of-way that may be unpaved and the unoccupied area above and below such rights-of-way.
Utilities department means the department of public utilities of the consolidated city created under IC 8-1-11.1-1. For purposes of this article, the utilities department is also a public utility.
(b) The terms public easement, public rights-of-way, travelled way and thoroughfare do not include:
(1) Any land or interest in land designated as a "greenway" in the Indianapolis Greenways Master Plan; or
(2) The airwaves above same as those airwaves are used for cellular or other nonwire telecommunications or broadcast services.
(c) Subsection (b) above notwithstanding, to conserve the limited physical capacity of greenways held in public trust by the consolidated city, to promote the utilization of greenways for the public health, safety and welfare of residents and visitors to the consolidated city, and to promote economic development in the consolidated city, the following provisions of this chapter 645 generally governing public rights-of-way, public easements and public places shall apply to greenways:
(1) Article III, sections 645-324 and 645-325, regarding permits for cutting, drilling, digging, or excavating in, on, over or under a greenway.
(2) Article IV, division 3, sections 645-431 through 645-443, regarding permits for excavations or cutting pavement or any other portion of any improved greenway to make access or utility connections.
(3) Article V, division 1, sections 645-511 through 645-528, regarding use and occupancy for private purposes.
(4) Article V, division 3, sections 645-571 through 645-584, regarding the licensing of encroachments.
(G.O. 85, 1998, § 1; G.O. 15, 2001, § 91; G.O. 3, 2002, § 20; G.O. 63, 2009, § 65; G.O. 16, 2022, § 46; G.O. 35, 2023, §§ 1—3)
