The words and terms used in this chapter shall have the meanings ascribed to them in this chapter, unless the context clearly indicates a different meaning. Any term not defined in this chapter shall have the meaning ascribed to it in Title 92, § 530.30 of the Illinois Administrative Code (92 Ill. Adm. Code 530.30 (1992)), unless the context clearly indicates a different meaning. The use of any term in the present tense shall include the future and past tense of the term, when applicable, and all terms used in the singular shall include the plural and all words used in the masculine gender shall extend to and apply to the feminine gender, when applicable.
AASHTO. The American Association of State Highway and Transportation Officials.
ANSI. The American National Standards Institute.
APPLICANT. A person applying for a permit under this chapter.
ASTM. The 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.
CABLE OPERATOR. The same meaning as set forth in 47 U.S.C. 522(5) (2006).
CABLE SERVICE. The same meaning as set forth in 47 U.S.C. 522(6) (2006).
CABLE SYSTEM. The same meaning as set forth in 47 U.S.C. 522(7) (2006).
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 Berwyn, Illinois.
CITY COUNCIL. The City Council of the City of Berwyn.
CITY ENGINEER. The City Engineer or his or her designee.
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 non-recoverable slope and a clear run-out area. The desired width is dependent upon traffic volumes and speeds and on the roadside geometry. Distances are specified in the AASHTO roadside design guide and as defined by the Illinois Department of Transportation (“IDOT”).
COATING. A protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
CODE. The Code of Ordinances of the City of Berwyn, Illinois.
CONDUCTOR. Wire carrying electrical current.
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.
CORPORATE AUTHORITIES. The Mayor and the City Council of the City of Berwyn, Illinois.
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. 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; the 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 general public served by the utility.
ENCASEMENT. A provision of a protective casing.
EQUIPMENT. The materials, tools, implements, supplies and/or other items used to facilitate the construction of facilities.
EXCAVATION. The making of a hole or cavity by removing material or laying bare by digging.
EXTRA HEAVY PIPE. Pipe meeting ASTM standards for this pipe designation.
FACILITY. All structures, devices, objects and materials (including, but not limited to, track and rails, wires, ducts, 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 governed by this chapter. For purposes of this chapter, 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. A 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 Public Works Director, Fire Department, Fire Marshal, federal or state Environmental Protection Agencies, other applicable entity or regulatory agency and/or qualified city appointed or retained officer or consultant, the fee for said city appointed or retained officer or consultant to be paid by the contractor, 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. HAZARDOUS MATERIALS may include, without limitation, 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. The term 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 (ILCS Ch. 605, Act 5, §§ 1-101 et seq.), as amended from time to time.
HISTORIC DISTRICT or HISTORIC LANDMARK. A building, property, or site, or group of buildings, properties, or sites that are either (i) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with §§ VI.D.1.a.i through VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 CFR pt. 1, Appendix C; or (ii) designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the city pursuant to a preservation program that meets the requirements of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.
HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to § 21-401 of the Illinois Cable and Video Competition Law of 2007 (ILCS Ch. 220, Act 5, § 21-401), as now or hereafter amended.
ICC. The Illinois Commerce Commission.
IDOT. The Illinois Department of Transportation.
JACKING. Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING. Pushing a pipe horizontally 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.
J.U.L.I.E. The Joint Utility Locating Information for Excavators utility notification program.
MAJOR INTERSECTION. The intersection of two or more major arterial highways.
MUNICIPAL UTILITY POLE. A utility pole owned or operated by the city in public rights-of-way.
OCCUPANCY. The presence of facilities on, over or under a right-of-way.
PARALLEL FACILITY. A facility that is generally parallel or longitudinal to the centerline of a right-of-way.
PARKWAY. Any portion of the right-of-way not improved by a street or sidewalk.
PAVEMENT CUT. The removal of an area of pavement for access to a facility or for the construction of a facility.
PETROLEUM PRODUCTS PIPELINES. Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane or coal-slurry.
PUBLIC WORKS DIRECTOR. The individual appointed to the office of Public Works Director as provided for by the City Code and the Illinois Municipal Code.
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 calendar days.
PUBLIC ENTITY. A legal entity that constitutes or is part of the government, whether at a 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. Any street, alley, parkway, sidewalk or 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. The term RIGHT-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 a right-of-way.
ROADWAY. That part of the highway that includes the pavement and shoulders, which shall also include but not be limited to the curbs adjacent to the roadway.
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.
SOUND ENGINEERING JUDGMENT. A decision or decisions consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS. Shall include, but is not limited to, messages or information transmitted through the 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 communication 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. The term PRIVATE LINE shall mean 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. The term 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. The term TELECOMMUNICATIONS shall not include the 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 et seq. (1984)), 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 et seq. (1999)), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER. Any person or entity that installs, owns, operates or controls facilities in a right-of-way used or designed to be used to transmit telecommunications in any form.
TELECOMMUNICATIONS RETAILER. Shall mean, and includes, every person or entity engaged in making sales of telecommunications at retail as defined herein.
TRENCH. A relatively narrow open excavation for the installation of an underground facility.
TRENCH COMPACTING or TRENCH COMPACTION. The installation of granular material in 12-inch lifts and compacted mechanically.
UTILITY. The individual or entity owning or operating any facility as defined in this chapter.
VENT. A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
VIDEO SERVICE. The same meaning as set forth in § 21-201(v) of the Illinois Cable and Video Competition Law of 2007 (ILCS Ch. 220, Act 5, § 21-201(v)).
WATER LINES. Pipelines carrying raw or potable water.
WET BORING. A boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
(Ord. 19-21, passed 8-13-2019)