For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLIANCE. Any sanitary sewer, storm sewer, main, pipe, catch basin, manhole or any other structure or instrumentality used for the accumulation or transportation of water, stormwater runoff, sanitary sewage, liquid or gas.
CLERK. The Village Clerk and/or such other person or persons as may be designated and appointed by resolution of the Village Council to administer and/or enforce or assist in the administration and/or enforcement of this subchapter. With respect to any reviews, approvals, decisions or actions other than ministerial functions, the Clerk shall consult with and act in accordance with recommendations of the village engineering consultant and such other village consultants as are appropriate.
CONDUIT. Any overhead or underground cable, wire and/or a combination thereof for the transmission or distribution of electrical energy, telephone service, telecommunications services or other utility or communication services or signals, including service connections and any other material protecting said cable or wire used in connection therewith.
DISRUPTION. A physical change, modification, alteration, disturbance, injury and/or damage to or in a village right-of-way, including but not limited to construction, installation, location, maintenance, modification, alteration, replacement or repair of improvements and the removal or alteration of a right-of-way surface grade or material, tree, sign, marker, hydrant or other material or object.
DISRUPTION PERMIT. A nonexclusive limited permit issued by the village to a person pursuant to this subchapter allowing an activity which will result in disruption to the village’s right-of-way.
ELECTRIC TRANSMISSION. The transmission and/or distribution of electricity to persons intending to further transmit and/or distribute or who are end users.
FRANCHISE. A nonexclusive limited authorization to transact, conduct and/or operate a use in the village, including but not limited to the operation or use of improvements in the village’s right-of-way, which authorization has been awarded by the village to the grantee by an ordinance.
GRANTEE. The holder of a valid and effective franchise granted by the village.
IMPROVEMENT. Any appliance, conduit, facility, pipe, pole, structure, wire, cable, fiber, building or any other man-made or placed material or object.
ORDINANCES. All laws, codes and regulations duly enacted and adopted by the village.
PERMITTEE. A person who has been issued a disruption or use permit pursuant to the terms and provisions of this subchapter and all employees, agents, contractors and other persons that direct or perform any activity covered by the permit.
PERSON. A natural person, company, corporation, partnership, joint venture, voluntary association, organization or other form of legal entity.
STREET. The paved area or area designated for vehicular travel within the right-of-way, and the word STREET shall be synonymous with the words HIGHWAY and ROAD.
TELECOMMUNICATION SYSTEM. Conduit, improvements and other materials which are designed and/or used to provide telecommunications services.
TELECOMMUNICATIONS PROVIDER. A person who provides telecommunications services.
TELECOMMUNICATIONS SERVICES. Regulated and unregulated services offered to customers for the transmission of two-way interactive communication and other associated and similar usages. TELECOMMUNICATIONS SERVICES shall not include one-way transmission to subscribers of video programming or other programming services.
USE. The ownership, lease or rental, possession, operation, occupancy or use of all or part of an improvement.
USE PERMIT. A nonexclusive limited permit issued by the village to a person pursuant to this subchapter allowing the use the village’s right-of-way for an improvement therein.
VILLAGE. The Village of Bingham Farms, Michigan and when used in this subchapter in connection with any filing, submittal, delivery or payment to, or review, approval or other action, refers to the Village Clerk as defined herein.
VILLAGE or VILLAGE’S RIGHT-OF-WAY or RIGHT-OF-WAY. Any and all public rights-of-way, streets, highways, roads, sidewalks, alleys, thoroughfares, public easements and public places located within and under the control and jurisdiction of the village, including within any curbs, shoulders, landscaped areas and/or other areas incidental and/or appurtenant thereto.
(Ord. 169, passed 11-27-00)