(a) Excavation means the cutting, sawing, breaking, drilling into, boring under, or otherwise altering any Public Street or sidewalk pavement, and/or digging, drilling into or boring under any unpaved portion of the Right-of-Way, including any other work or activity which disturbs the existing surface or subsurface structure, composition, or soil compaction. “Excavation” excludes any activity by a governmental entity, which activity does not penetrate the earth to a depth of more than twelve inches.
(b) Facilities or Facility means the plant, equipment and property, including but not limited to, cables, fibers, wires, lines, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground in the Right-of-Way.
(c) Right-of-Way means the surface of, and the space within, through, on, across, above or below, any public street, road, highway, freeway, lane, path, alley, court, sidewalk, boulevard, parkway, drive, easement and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the Village.
(d) Person means and includes individuals, Service Providers, subcontractors, corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and includes their lessors, trustees and receivers.
(e) Routine Maintenance means a Service Provider’s repair, upkeep, replacement or restoration of existing Facilities located in the Right-of-Way that requires no more than [three (3)] working days to complete, is not an emergency and does not include Excavation of the Right-of- Way.
(f) Service means the offering of water, sewer, electric, gas, telephone, telecommunications, cable television, video, information or other utility-like service for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the Facilities used.
(g) Service Provider means any Person that directly or indirectly owns, controls, operates or manages Facilities within the Village’s Right-of-Way, used or to be used for the purpose of offering Service within or outside the Village’s boundaries or to provide any services between or among private buildings or facilities where no Service is offered to the public. For the purposes and requirements of this Chapter, “Service Provider” shall also include its subcontractors.
(Ord. 2007-36. Passed 12-11-07.)