§ 54-75. Definitions.

(a)

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:

AASHTO means the American Association of State Highway and Transportation Officials.

ANSI means the American National Standards Institute.

Applicant means a person applying for a permit under this Division.

ASTM means the American Society for Testing and Materials.

Backfill means the methods or materials for replacing excavated material in a trench or pit.

Bore or boring means to excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.

Cable operator means as defined in 47 U.S.C. § 522(5).

Cable service means as defined in 47 U.S.C. § 522(6).

Cable system means as defined in 47 U.S.C. § 522(7).

Carrier pipe means the pipe enclosing the liquid, gas or slurry to be transported.

Casing means a structural protective enclosure for transmittal devices such as carrier pipes, electrical conductors, and fiber optic devices.

Clear zone means the total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide.

Coating means protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.

Conductor means wire carrying electrical current.

Conduit means a casing or encasement for wires or cables.

Construction or construct means the installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.

Cover means the depth of earth or backfill over buried utility pipe or conductor.

Crossing facility means a facility that crosses one or more right-of-way lines of a right-of-way.

Disrupt the right-of-way means any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for its intended use.

(1)

Such work may include, without limitation, the following:

a.

Excavating or other cutting;

b.

Placement (whether temporary or permanent) of materials, equipment, devices, or structures;

c.

Damage to vegetation; and

d.

Compaction or loosening of the soil.

(2)

Such work shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a street.

Emergency means any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility.

Encasement means provision of a protective casing.

Engineer means the Village Engineer, his designee or such other person designated by the Village.

Equipment means materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.

Excavation or excavate means the making of a hole or cavity by removing material, or laying bare by digging. Excavation shall not include a designed opening in a right-of-way designed to permit frequent openings without injury or damage to the right-of-way.

Extra heavy pipe means pipe meeting the ASTM standards designation for the term "extra heavy pipe."

Facility means all structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this Division. The term "facility" shall not include any facility owned or operated by the Village.

Freestanding facility means a facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.

Hazardous materials means any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or State law, statute or regulation.

Highway Code means the Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time.

Holder means a person that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois Cable and Video Competition Law, 220 ILCS 5/21-401.

ICC means the Illinois Commerce Commission.

IDOT means the Illinois Department of Transportation.

Jacking means pushing a pipe horizontally under a roadway by mechanical means with or without boring.

Jetting means pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.

Joint use means the use of pole lines, trenches or other facilities by two or more utilities.

JULIE means the Joint Utility Locating Information for Excavators utility notification program.

Major intersection means the intersection of two or more major arterial streets.

Occupancy means the presence of facilities on, over or under rights-of-way.

Parallel facility means a facility that is generally parallel or longitudinal to the centerline of a right-of-way.

Pavement cut means the removal of an area of pavement for access to facility or for the construction of a facility.

Permittee means the entity to which a permit has been issued pursuant to Sections 54-79 and 54-80.

Petroleum products pipelines means pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.

Practicable means that which is performable, feasible or possible, rather than that which is simply convenient.

Pressure means the internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).

Prompt means that which is done within a period of time specified by the Village. If no time period is specified, the period shall be 30 days.

Public entity means a legal entity that constitutes or is part of the government, whether at the local, State or federal level.

Public utility means a utility that constitutes or is part of a local government unit in Peoria County, Illinois.

Restoration means the repair of a right-of-way disrupted by the construction of a facility.

Right-of-way or rights-of-way means any street, or sidewalk, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the Village has the right and authority to authorize, regulate or permit the location of facilities other than those of the Village. The term "right-of-way" or "rights-of-way" shall not include any real or personal Village property that is not specifically described in the previous two sentences and shall not include Village buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way.

Roadway means that part of the street that includes the pavement and shoulders.

Sale of telecommunications at retail means the transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.

Security Fund means that amount of security required pursuant to Section 54-85.

Shoulder means a width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.

Sound engineering judgment means a decision consistent with generally accepted engineering principles, practices and experience.

Telecommunications.

(1)

The term "telecommunications" shall include, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. The term "private line" means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations.

(2)

The term "telecommunications" shall not include the following:

a.

Value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission.

b.

The purchase of telecommunications by a Telecommunications Service Provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end-to-end communications.

c.

The provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. § 521 et seq.), as now or hereafter amended, or cable or other programming services subject to an Open Video System Fee payable to the Village through an Open Video System as defined in the Rules of the Federal Communications Commission (47 CFR § 76.1500 et seq.), as now or hereafter amended.

Telecommunications provider means any person who installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form.

Telecommunications retailer means and includes every person engaged in making sales of telecommunications at retail as defined in this Section.

Trench means a relatively narrow open excavation for the installation of an underground facility.

Utility means any person owning or operating a facility as defined in this Section.

Vent means a pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.

Video service means the term as defined in Section 21-201(v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 21-201(v).

Waterlines means pipelines carrying raw or potable water.

Wet boring means boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.

(b)

Any term not defined in this Section shall have the meaning ascribed to it in 92 Ill. Admin. Code § 530.30.

(Ord. No. 1548, § 3, 1-10-2008; Ord. No. 1572, § 3(f), (g), 8-14-2008; Ord. No. 1598, § 2(a), 4-9-2009)