Nevada City Municipal Code Art. I Definitions

As used in this chapter, the following words and phrases shall have the meanings given:

A. "Applicant" means both the person applying for an encroachment or excavation permit and the person owning the facility or installation for which the encroachment or excavation will be made.

B. "City Engineer" means the appointed City Engineer of the City of Nevada City or his or her designee.

C. "City standards and specifications" means the current improvement standards and standard construction specifications for the city.

D. "Encroach" or "encroachment" means going over, upon, or under, or using a right- of-way in such a manner as to prevent, obstruct, or interfere with its normal use as a vehicular and pedestrian way, or to impair safe sight distances for the operation of motor vehicles. "Encroachment" includes any excavation within a right-of-way.

E. "Excavation" means any cutting or trenching in or under the surface of any public right-of-way for the installation, repair, replacement or removal of any pipe, conduit, duct, tunnel, utility pole, or any other facility or installation, or for any other reason.

F. "Excusable delay" means delay caused by circumstances beyond the control of the applicant or permittee and which could not have been avoided by the exercise of reasonable care, prudence, foresight, and diligence, such as acts of God, war, insurrection, civil disorder, fire, floods, epidemics, or strike.

G. "Permittee" means both the person receiving an encroachment or excavation permit and the person owning the facility or installation for which the encroachment or excavation will be made.

H. "Public right-of-way" or "right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes.

(Ord. No. 2021-04, § 1, 4-28-2021)