As used in this chapter 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 Illinois Administrative Code section 530.30, unless the context clearly requires otherwise.
AASHTO: American Association of State Highway and Transportation Officials.
ANSI: American National Standards Institute.
ASTM: American Society for Testing and Materials.
APPLICANT: A person applying for a permit under this chapter.
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 Des Plaines.
CITY PROPERTY: Any parcel of real estate owned, leased, or otherwise controlled by the City, including dedicated rights-of-way.
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 runout 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 Municipal Code of the City of Des Plaines.
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.
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.
DIRECTOR OF PUBLIC WORKS AND ENGINEERING: The City Director of Public Works and Engineering or his designee.
DISRUPT THE RIGHT-OF-WAY: For the purposes of this chapter, 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 general public served by the utility.
ENCASEMENT: Provision of a protective casing.
EQUIPMENT: Materials, tools, implements, supplies, 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.
EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
FACILITY: All structures, devices, objects, and materials (including track and rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles, antennae, signal receiving or transmitting equipment, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across or within rights-of- way or City Property under this chapter, except those owned 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 on highway.
HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location or other characteristics, is determined by the Director of Public Works and Engineering 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 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time.
IDOT: Illinois Department of Transportation.
ILCC: Illinois Commerce Commission.
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 (2) or more utilities.
MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways.
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 facility or for the construction of a facility.
PERMITTEE: That entity to which a permit has been issued pursuant to sections 9-5-4 and 9-5-5 of this chapter.
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying 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 thirty (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: Any street, alley, other land or waterway, dedicated or commonly used for utility 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 shall not include any real or personal City property that is not specifically described in the previous sentence 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.
SECURITY FUND: That amount of security required pursuant to section 9-5-10 of this chapter.
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.
SMALL WIRELESS FACILITIES: See subsection 9-5-13C of this chapter for definitions related to small wireless facilities.
SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS: 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, specialized mobile radio services, or 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. Unless the context clearly requires otherwise, "telecommunications" shall also include wireless telecommunications as defined in the Illinois Telecommunications Infrastructure Maintenance Fee Act, 35 Illinois Compiled Statutes 635/1 et seq. "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 him to the ultimate retail consumer who originates or terminates the end to end communications. Retailer access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end to end telecommunications service shall not be included in gross charges as sales for resale. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 USC section 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 CDF 76.1550 and following) as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER: Any person that installs, owns, operates or controls facilities in the public right-of-way used or designed to be used to transmit telecommunications in any form.
TELECOMMUNICATIONS RETAILER: Every person engaged in making sales of telecommunications at retail as defined herein.
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 chapter. For the purposes of this chapter utilities may include private companies not classified as public utilities by the Illinois Commerce Commission.
VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
WATER LINES: Pipelines carrying raw or potable water.
WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. (Ord. M-14-18, 6-18-2018; amd. Ord. M-13-20, 10-19-2020)