Definitions.
The following terms and phrases shall have the following described
meanings:
APPLICANT
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
DEGRADATION
The 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.
DEPARTMENT
The Town of Ledgeview Department of Public Works.
DEPARTMENT INSPECTOR
Any person authorized by the Department to carry out inspections
related to the provisions of this chapter.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health, or of a significant loss of property; or requires immediate
repair or replacement in order to restore service to a customer.
EXCAVATE
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
FACILITIES
All 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.
IN
When used in conjunction with "right-of-way," over, above,
in, within, on or under a right-of-way.
INDEMNIFIED PARTIES
The Town, its officers, boards, committees, commissions,
elected officials, employees, agents and representatives.
LOCAL REPRESENTATIVE
A 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.
OBSTRUCT
To 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.
OCCUPY
To dwell or reside above, on, in, or below the boundaries
of any public rights-of-way.
PERMITTEE
Any person to whom a permit to excavate or occupy a right-of-way
has been granted by the City under this chapter.
PERSON
Municipality, corporation, company, association, firm, partnership,
limited liability company, limited liability partnership and individuals
and their lessors, transferees and receivers.
PSC
The Wisconsin Public Service Commission.
PUBLIC UTILITY
Shall have the meaning provided in Wis. Stats. § 196.01(5).
REGISTRANT
Any person who has registered with the Town to have its facilities
located in any right-of-way or to use or seek to occupy or use the
right-of-way or any facilities in a Town right-of-way.
REPAIR
To 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 BOND
A 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.
RESTORE or RESTORATION
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed according
to Department specifications.
RESTORATION BOND
A 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.
RIGHT-OF-WAY
The surface and space above and below a public roadway, highway,
street, bicycle lane and public sidewalk in which the Town has an
interest, including other dedicated rights-of-way for travel purposes.
SERVICE
Includes municipal sewer and water services and also includes,
except as provided herein, but is not limited to those services provided
by a public utility as defined in Wis. Stats. § 196.01(5);
telecommunications, pipeline, fire and alarm communications, water,
electricity, light, heat, cooling energy, or power services; the services
provided by a district heating or cooling system; and cable service
as defined and regulated under 47 U.S.C. §§ 521 through
573; provided, however, that 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 APPLICATION
An 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 USER
A 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,
that 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 SERVICE
The 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 FACILITIES
Facilities 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.
UTILITY SERVICE
Shall have the same meaning as provided in the definition
of "service" hereinabove.