[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following definitions apply in this chapter. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter.
APPLICANTAny person requesting permission to excavate, obstruct and/or occupy a right-of-way.
DEGRADATIONThe accelerated depreciation of the right-of-way, caused by an excavation of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur,
DEPARTMENTThe Department of Public Works of the Village.
DEPARTMENT INSPECTORAny person authorized by the Department to carry out inspections related to the provisions of this chapter.
EMERGENCYA condition that:
A. Poses a clear and immediate danger to life or health, or of a significant loss of property; or
B. Requires immediate repair or replacement in order to restore service to a customer.
EXCAVATETo dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
FACILITIESAll equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, and shall include but is not limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, lines and other structures and appurtenances.
INWhen used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of-way.
LOCAL REPRESENTATIVEA local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter.
OBSTRUCTTo place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
OCCUPYTo dwell or reside above, on, in, or below the boundaries of the public rights-of-way.
PERMITTEEAny person to whom a permit to excavate or occupy a right-of-way has been granted by the Village under this chapter.
PERSONMunicipality, corporation, company, association, firm, partnership, limited-liability company, limited liability partnership and individuals and their lessors, transferees and receivers.
PSCThe Public Service Commission of the State of Wisconsin.
REGISTRANTAny person who has registered with the Village:
A. To have its facilities located in any right-of-way; or
B. To use or seek to occupy or use the right-of-way or any facilities in the right-of-way.
REPAIRTo perform construction work necessary to make the right-of-way usable for travel, according to Department specifications or to return facilities to an operable condition.
REPAIR BONDA performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation repair work is completed in both a timely and quality manner, per Department specifications.
RESTORATION BONDA performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation restoration work is completed in both a timely and quality manner, per Department specifications.
RESTORE or RESTORATIONThe process by which an excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed according to Department specifications.
RIGHT-OF-WAYThe surface and space above and below a public roadway, highway, street, bicycle lane and public sidewalk in which the Village has an interest, including other dedicated rights-of-way for travel purposes.
SERVICE or UTILITY SERVICEIncludes municipal sewer and water services and also includes, except as provided herein, but is not limited to 1) those services provided by a public utility as defined in § 196.01(5), Wis. Stats.; 2) telecommunications, pipeline, fire and alarm communications, water, electric, light, heat, cooling energy, or power services; 3) the services provided by a district heating or cooling system; and 4) cable service as defined and regulated under 47 U.S.C. §§ 521 through 573. Wireless telecommunications service and cellular mobile radio telecommunications (CMRS) services as defined by Section 332(d) of the Federal Communications Act of 1996 [47 U.S.C. § 332(d)(1)] are excluded, unless these services have a presence in the right-of-way.
SUPPLEMENTARY APPLICATIONAn application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.
TELECOMMUNICATIONS RIGHTS-OF-WAY USERA person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, which is used or is intended to be used for transporting telecommunication or other voice or data information. This includes telecommunications providers, utilities, ATUs, and carriers. For purposes of this chapter, a cable television system defined and regulated under § 66.082(2)(d), Wis. Stats., and telecommunication activities related to providing natural gas or electric energy services, and which are not offered for resale as telecommunications services, are not telecommunications right-of-way users.
TELECOMMUNICATIONS SERVICEThe offering for sale or the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. Telecommunications service does not include cable television service, wireless service or broadcast service.
UNUSABLE FACILITIESFacilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using them within the next 24 months or a potential purchaser or user of the facilities.
VILLAGEThe Village of Cedar Grove, Wisconsin, a Wisconsin municipal corporation.