For the purposes of this chapter, except where context clearly
indicates a different meaning:
APPLICANT
Any person requesting permission to excavate, obstruct, and/or
occupy a public right-of-way.
BOND
May mean 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 Village specifications.
EMERGENCY
A condition:
A.
That poses a clear and immediate danger to life or health, or
of a significant loss of property; or
B.
That requires immediate repair or replacement to restore service
to a customer.
EXCAVATE
To dig, cut, or in any way remove or physically disturb or
penetrate any part of a right-of-way.
FACILITIES
Any equipment owned, operated, leased, or subleased in connection
with the operation of a service or utility service, whether active
or inactive, and shall include, but is not limited to: poles, wires,
pipes, cables, underground conduits, ducts, manholes, vaults, fiber-optic
cables, antennas, receivers, lines, and any other structures and appurtenances.
IN or WITHIN
When used in conjunction with "right-of-way," means over,
above, in, within, on, or under a right-of-way.
LOCAL REPRESENTATIVE
A person located within this state, or a designee of such
person, 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 that hinders free and
open passage over that or any part of the right-of-way.
OCCUPY
To be placed above, on, in, or below the boundaries of a
public right-of-way.
PERMITTEE
Any person to whom a permit to occupy, excavate, or obstruct
a right-of-way has been granted by the Village.
PERSON
May mean a municipality, corporation, company, association,
firm, partnership, limited-liability company, limited-liability partnership,
individual, or their respective lessors, transferees, receivers, successors,
or assigns.
REGISTRANT
Any person who has registered with the Village either:
A.
To have facilities located in any right-of-way; or
B.
To use or seek to occupy or use the right-of-way of any facilities
in the right-of-way.
REPAIR
To perform construction work necessary to make the right-of-way
usable for travel according to Village specifications or to return
facilities to an operable condition.
RESTORE
To reconstruct an excavated right-of-way and surrounding
area, including pavement and foundation, per Village specifications,
to its preexcavation condition.
RIGHT-OF-WAY
The surface and space above, below, and adjacent to an improved
or unimproved public roadway, highway, street, public sidewalk, bicycle
lane or path, in which the Village has an interest, including other
dedicated rights-of-way.
The Village, by the granting of a permit or registration to
excavate, obstruct and/or occupy the right-of-way, or by registering
a person under this chapter, does not surrender or in any extent lose,
waive, impair, or lessen the lawful powers and rights which it has
now or may be hereafter granted to the Village under the Constitution
and statutes of the state to regulate the use of the rights-of-way
by the permittee; and the permittee by its acceptance of a permit
to excavate, obstruct and/or occupy the right-of-way or by registration
under this chapter agrees that all lawful powers and rights, regulatory
powers, or police power, or otherwise as are or the same may be from
time to time vested in or reserved to the Village, shall be in full
force and effect and subject to the regulatory and police powers of
the Village to adopt and enforce general ordinances necessary to the
safety and welfare of the public and is deemed to agree to comply
with all applicable general laws and ordinances enacted by the Village
pursuant to such powers.
Any person who violates this chapter or fails to comply with
the provisions of this chapter shall be subject to a forfeiture of
not less than $100 nor more than $600. Each day such violation or
failure to comply continues shall be considered a separate offense.
In addition to the forfeiture, any person who violates this chapter
shall be liable for any and all costs incurred by the Village in removing
obstructions and/or restoring the right-of-way to its condition prior
to the occupancy or obstruction.
The provisions of this chapter shall not apply to excavation
work done under the supervision of the Public Works and Utility Director
by Village employees or contractors performing work under contract
with the Village necessitating excavations in Village streets.
Registering or obtaining a permit under this chapter does not
relieve the registrant or permittee of its duty to obtain all other
necessary permits, licenses, and authority and to pay all fees required
by any other municipal, county, state, or federal rules, laws or regulations,
including building codes. A permittee shall comply with all requirements
of local, state and federal laws. A permittee shall perform all work
in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right-of-way
pursuant to its permit, regardless of who does the work.
If any section, subsection, sentence, clause, or other portion
of this chapter is for any reason held invalid or unconstitutional
by any court or administrative agency 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 provisions,
which shall remain in full force and effect to the greatest extent
allowed by law.