As used in this article and unless the context clearly requires
otherwise, the words and terms listed shall have the meanings ascribed
to them in this section. Any term not defined in this section shall
have the meaning ascribed to it in 92 Ill. Adm. Code 530.30, unless
the context clearly requires otherwise.
AASHTO
American Association of State Highway and Transportation
Officials.
ANSI
American National Standards Institute.
APPLICANT
A person applying for a permit under this article.
ASTM
American Society for Testing and Materials.
BACKFILL
The methods or materials for replacing excavated material
in a trench or pit.
BORE or BORING
To excavate an underground cylindrical cavity for the insertion
of a pipe or electrical conductor.
CARRIER PIPE
The pipe enclosing the liquid, gas, or slurry to be transported.
CASING
A structural protective enclosure for transmittal devices,
such as carrier pipes, electrical conductors, and fiber-optic devices.
CITY
The City of Waverly, Illinois.
CLEAR ZONE
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
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
CODE
The Code of Ordinances of the City of Waverly, Illinois.
CONDUIT
A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
COVER
The depth of earth or backfill over buried utility pipe or
conductor.
CROSSING FACILITY
A facility that crosses one or more right-of-way lines of
a right-of-way.
DISRUPT THE RIGHT-OF-WAY
For the purposes of this article, 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. Such work may include, without
limitation, the following: excavating or other cutting; placement
(whether temporary or permanent) of materials, equipment, devices,
or structures; damage to vegetation; and compaction or loosening of
the soil and shall not include the parking of vehicles or equipment
in a manner that does not materially obstruct the flow of traffic
on a highway.
EMERGENCY
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
public served by the utility.
EQUIPMENT
Materials, tools, implements, supplies, and/or other items
used to facilitate construction of facilities.
EXCAVATION
The making of a hole or cavity by removing material or laying
bare by digging.
FACILITY
All structures, devices, objects, and materials (including,
but not limited to, track and rails, wires, ducts, lines, 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 article. For purposes of this article, the
term "facility" shall not include any facility owned or operated by
the City.
FREESTANDING FACILITY
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access to a highway.
HAZARDOUS MATERIALS
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the City Superintendent 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
A specific type of right-of-way used for vehicular traffic
including rural or urban roads or streets. "Highway" includes all
highway land and improvements, including roadways, ditches and embankments,
bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
HOLDER
A person or entity 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
Illinois Commerce Commission.
IDOT
Illinois Department of Transportation.
J.U.L.I.E.
The Joint Utility Locating Information for Excavators utility
notification program.
JACKING
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
JETTING
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
JOINT USE
The use of pole lines, trenches or other facilities by two
or more utilities.
OCCUPANCY
The presence of facilities on, over or under right-of-way.
PARALLEL FACILITY
A facility that is generally parallel or longitudinal to
the center line of a right-of-way.
PARKWAY
Any portion of the right-of-way not improved by street or
sidewalk.
PAVEMENT CUT
The removal of an area of pavement for access to a facility
or for the construction of a facility.
PERMITTEE
That entity to which a permit has been issued pursuant to §§
258-31 and
258-32 of this article.
PETROLEUM PRODUCTS/NATURAL GAS PIPELINES
Pipelines carrying natural gas, crude or refined liquid petroleum
products, including, but not limited to, gasoline, distillates, propane,
butane, or coal-slurry.
PRACTICABLE
That which is performable, feasible or possible, rather than
that which is simply convenient.
PRESSURE
The internal force acting radially against the walls of a
carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT
That which is done within a period of time specified by the
City. If no time period is specified, the period shall be 30 days.
PUBLIC ENTITY
A legal entity that constitutes or is part of the government,
whether at local, state or federal level.
RESTORATION
The repair of a right-of-way, highway, roadway, or other
area disrupted by the construction of a facility.
RIGHT-OF-WAY or RIGHTS-OF-WAY
Any street, alley, other land or waterway, dedicated or commonly
used for pedestrian or vehicular traffic or other similar purposes,
including utility easements, in which the City has the right and authority
to authorize, regulate or permit the location of facilities other
than those of the City. "Right-of-way" or "rights-of-way" shall not
include any real or personal City property that is not specifically
described in the previous two sentences and shall not include City
buildings, fixtures and other structures or improvements, regardless
of whether they are situated in the right-of-way.
ROADWAY
That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL
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.
SHOULDER
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.
SUPERINTENDENT
The City's Superintendent of Utilities, or his/her designee.
TELECOMMUNICATIONS
This term includes, 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.
"Private line" means a dedicated non-traffic-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.
"Telecommunications" shall not include 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.
"Telecommunications" shall not include 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. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
§ 521 and following), as now or hereafter amended, or cable
or other programming services subject to an open video system fee
payable to the City through an open video system as defined in the
Rules of the Federal Communications Commission (47 CFR 76.1500 and
following), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER
Any person that installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications
in any form.
TRENCH
A relatively narrow open excavation for the installation
of an underground facility.
UTILITY
The individual or entity owning or operating any facility
as defined in this article, including, but not limited to, its contractors,
subcontractors, employees and agents.
VENT
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
VIDEO SERVICE
That term as defined in Section 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 ILCS 21-201(v).
WET BORING
Boring using water under pressure at the cutting auger to
soften the earth and to provide a sluice for the excavated material.
Every utility that occupies a right-of-way within the City shall register on January 1 of each year with the Superintendent, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a twenty-four-hour telephone number for each such person, and evidence of insurance as required in §
258-35 of this article, in the form of a certificate of insurance.
If the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the City within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this article, it shall be treated as a request for variance in accordance with §
258-48 of this article. If the City denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
City and its elected and appointed officials and officers, employees,
agents and representatives harmless from and against any and all injuries,
claims, demands, judgments, damages, losses and expenses, including
reasonable attorney's fees and costs of suit or defense, arising
out of, resulting from or alleged to arise out of or result from the
negligent, careless or wrongful acts, omissions, failures to act or
misconduct of the utility or its affiliates, officers, employees,
agents, contractors or subcontractors in the construction of facilities
or occupancy of the rights-of-way, and in providing or offering service
over the facilities, whether such acts or omissions are authorized,
allowed or prohibited by this article or by a franchise, license,
or similar agreement; provided, however, that the utility's indemnity
obligations hereunder shall not apply to any injuries, claims, demands,
judgments, damages, losses or expenses arising out of or resulting
from the negligence, misconduct or breach of this article by the City,
its officials, officers, employees, agents or representatives.
The utility shall remove all excess material and restore all
turf and terrain and other property no later than 10 days after any
portion of the rights-of-way are disturbed, damaged or destroyed due
to construction or maintenance by the utility, all to the City's
satisfaction. This includes restoration of entrances and side roads.
Restoration of roadway surfaces shall be made using materials and
methods approved by the Superintendent. Such cleanup and repair may
be required to consist of backfilling, regrading, reseeding, resodding,
or any other requirement to restore the right-of-way to a condition
substantially equivalent to that which existed prior to the commencement
of the project. The time period provided in this section may be extended
by the Superintendent for good cause shown.
In the event a utility damages an electric line, water line,
sewer line or lateral pipe, or any appurtenances thereto, and causes
the City, or any other person or entity, to incur expenses associated
with repairing the damage to the line or appurtenances caused by the
utility, the utility shall be liable for the costs of all repairs
and damages incurred by the City or private party as a result of the
utility's damage to an electric line, water line, sewer line
or lateral pipe, or any appurtenances thereto.
Nothing in this article shall be construed as limiting any additional
or further remedies that the City may have for enforcement of this
article.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.