Definitions. The following terms shall have
the following meanings unless otherwise defined by context:
DIRECTOR
The Village's Public Works Director or such other person
designated to administer and enforce this Chapter.
EMERGENCY RIGHTS-OF-WAY (OR ROW) WORK
Includes, but is not limited to, ROW work made necessary
by exigent circumstances to repair, control, stabilize, rectify or
correct an unexpected or unplanned outage, cut, rupture, leak or any
other failure of a facility when such failure results or could result
in danger to the public or a material delay or hindrance to the provision
of service.
FACILITIES
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
wires, cables, fibers, conduit facilities, cabinets, poles, vaults,
pedestals, boxes, appliances, antennas, transmitters, radios, towers,
gates, meters, appurtenances or other equipment.
PERSON
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
RIGHTS-OF-WAY OR ROW
Unless otherwise restricted herein, the surface, the air
space above the surface and the area below the surface of any public
street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge,
tunnel, parkway, waterway, public easement or sidewalk in which the
Village now or hereafter holds any interest which, consistent with
the purposes for which it was dedicated, may be used for the purpose
of installing and maintaining facilities. "Rights-of-way" shall not
include:
1.
Village facilities or the Village's property other than ROW,
such as Village-owned or operated buildings, parks or other similar
property,
2.
Airwaves used for cellular, non-wire telecommunications or broadcast
services,
3.
Easements obtained by ROW users on private property,
4.
Railroad rights-of-way or ground used or acquired for railroads,
or
5.
Facilities owned and used by the Village for the transmission
of one (1) or more services. No reference herein to "rights-of-way"
shall be deemed to be a representation or guarantee by the Village
that its interest or other right to control the use of such property
is sufficient to permit its use for the delivery of service.
RIGHTS-OF-WAY (OR "ROW") USER
A person performing ROW work within the rights-of-way. A
ROW user shall not include ordinary vehicular or pedestrian use.
RIGHTS-OF-WAY (OR "ROW") WORK
Action by a ROW user to:
1.
Install, change, replace, relocate, remove, maintain or repair
facilities within the rights-of-way, or
2.
To conduct work of any kind within or adjacent to the rights-of-way
that results in an excavation, obstruction, disruption, damage or
physical invasion or impact of any kind to the rights-of-way or the
use thereof. The routine inspection of facilities shall not be considered
ROW work unless the inspection requires the conduct of any of the
activities or actions noted herein.
SERVICE
Providing or delivering an economic good or an article of
commerce including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service
to one (1) or more persons located within or outside of the Village
by use of facilities located within the rights-of-way.
VILLAGE FACILITIES
Any facilities located within the public rights-of-way and
owned by the Village.
VILLAGE MANAGER
The Manager or Administrator of the Village or such other person designated by the Village to hear appeals as provided in Section
625.120 hereof.
WITHIN
In, along, under, over or across rights-of-way.