Definitions. The following definitions apply in this section. Defined
terms remain defined terms, whether or not capitalized.
APPLICANT
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
DEGRADATION
The decrease in the useful life of the paved portion of the
right-of-way, excluding the sidewalk 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 Village Department of Public Works.
EMERGENCY
A 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.
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," means over,
above, within, on or under a right-of-way.
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 section.
MUNICIPAL CODE
The Municipal Code of the Village of Belgium, as amended.
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.
PERMITTEE
Any person to whom a permit to occupy, excavate or obstruct
a right-of-way has been granted under this section or under the Municipal
Code.
PERSON
Corporation, company, association, firm, partnership, limited-liability
company, limited-liability partnership and individuals and their lessors,
transferees and receivers.
REGISTRANT
Any person who has registered with the Village to have its
facilities located in any right-of-way.
REPAIR
To perform construction work necessary to make the right-of-way
useable for travel according to Department specifications or to restore
equipment to an operable condition.
RESTORE
The process by which the excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed to Department
specifications.
RIGHT-OF-WAY
The surface and space above and below an improved or unimproved
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.