§ 156.007 DEFINITIONS.
    For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined in this chapter shall have the meaning ascribed to it in 92 Illinois Administrative Code Chapter 530.30, unless the context clearly requires otherwise.
   AASHTO. American Association of State Highway and Transportation Officials.
   ANSI. American National Standards Institute.
   APPLICANT. Any person or entity, firm, corporation or other legal entity applying for a permit under this chapter.
   ASLA. American Society of Landscape Architects.
   ASTM. American Society for Testing and Materials.
   AWWA. American Water Works Association.
   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 or conduit by means of a rotating cutting head or auger. See HORIZONTAL DIRECTIONAL DRILLING.
   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.
   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 nonrecoverable slope, and a clear run out area.
   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, reconstruction, or abandonment in place of facilities.
   CONTROLLED LOW STRENGTH MATERIAL (CLSM). A mixture of Portland Cement, fly ash, fine aggregate, and water. The mix shall be proportioned to provide a backfill material which is self-compacting and capable of being excavated with hand tools, If necessary, at a later date. Materials and proportioning shall comply with Article 593 of the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition.
   COVER. The depth of earth or backfill over a buried utility line, conductor, conduit, carrier pipe.
   CROSSING FACILITY. A facility that crosses one or more right-of-way lines.
   CULVERT. A conduit for the passage of surface drainage water under a roadway, driveway approach, railroad, or other surface impediment.
   DISCHARGE. The rate of outflow of water from a stormwater drainage or stormwater detention facility.
   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 purpose. 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 but shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a roadway or street.
   DRIVEWAY APPROACH. A privately maintained roadway located within a public right-of- way providing access for vehicles between a public street and private property.
   DRY WEATHER WATER OUTLET. An outlet from a sump pump, footing tile, field tile, or other source which may discharge at times other than during periods of rainfall and pursuant to direct surface runoff.
   DUMPSTER. A receptacle designed for the disposal of litter, trash, refuse, or recycled materials.
   EMERGENCY. Any immediate maintenance to a facility required for the safety of the public using or in the 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.
   ENCROACHMENT. A private improvement, structure or obstruction extending into or located within, upon, above or under any public right-of-way or public easement.
   EQUIPMENT. Materials, tools, implements, supplies, and/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.
   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, street lights, grates, covers, pipes, cables, and appurtenances, signs thereto, together with any natural vegetation, screening, and other materials installed or planted to hide or otherwise camouflage any of the forgoing) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter. For purposes of this chapter, the term FACILITY shall not include any facility owned or operated by the village.
   FENCE. A constructed barrier erected as a means of protection or confinement to enclose or screen areas of land.
   FENCE, ELECTRONIC. An underground means of controlling the movement of an animal by emitting an electrical signal when the animal wearing an electronic collar nears the boundary of the fence.
   FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station located outside of the right-of-way.
   GLARE. Lighting entering the eye directly from a light fixture or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.
   HAZARDOUS MATERIALS. Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the village 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, 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, ILCS Ch. 605, Act 5, §§1-101 et seq., as amended from time to time.
   HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois Cable and Video Competition Law, ILCS Ch. 220, Act 5, §21-401.
   HORIZONTAL DIRECTIONAL DRILLING (HDD). A steerable system for installing pipes, conduits, or cables using a drilling machine which is located on the surface of the ground. The HDD equipment drills a pilot bore hole through the soils in a shallow arc, exiting the soils at a predetermined location. The pilot hole is enlarged by pulling back a reaming tool and product/carrier pipe to the drill rig location.
   ICC. Illinois Commerce Commission.
   IDOT. Illinois Department of Transportation.
   IEPA. Illinois Environmental Protection Agency.
   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 consolidate loose backfill.
   JOINT USE. The use of pole lines, trenches, conduits, or other facilities by two or more utilities.
   JULIE. The one-call joint utility locating system in Illinois.
   LIGHT TRESPASS. Light falling where it is not wanted or needed (also referred to as spill light or obtrusive light).
   LOCAL TRAFFIC. Traffic whose immediate destination is within the limits of construction or right- of-way closure, for access to real property not otherwise accessible by other means.
   MICROTUNNELING. A one or two pass tunneling method, which utilizes a remotely controlled micro tunnel boring machine (MTBM) which can control the volume of excavated soils entering the MTBM, to install a carrier pipe or conduit to the required tolerances for line and grade.
   MUTCD. Illinois Manual on Uniform Traffic Control Devices.
   NEC. National Electrical Code.
   OBSTRUCT. To place any tangible object in a right-of-way to hinder free and open passage over that or any part of the right-of-way.
   OCCUPANCY. The presence of facilities on, over or under right-of-way.
   OWNER. When applied to property, includes any part owner, joint owner, purchaser, and seller under a contract and/or deed, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property.
   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 street, sidewalk, or bike path.
   PAVEMENT CUT. The removal of an area of pavement for access to a facility or for the construction of a facility.
   PERFORMANCE GUARANTEE. Any security that may be accepted by the village as a guarantee that the improvements and repairs required as a part of facility installation are satisfactorily completed.
   PERMITTEE. That entity to which a permit has been issued for use of right-of-way pursuant to the terms of this chapter.
   PERSON. Any legal person; includes associations, partnerships, corporations, joint ventures and bodies politic and corporate as well as individuals.
   PETROLEUM PRODUCTS PIPELINES. Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
   PORTABLE STORAGE CONTAINER. A container used for temporary storage of non-waste items.
   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 village. If no time period is specified, the period shall be 15 calendar days.
   PROPERTY, PERSONAL. Includes all property except real.
   PROPERTY, REAL. Land and whatever is erected, growing upon, or affixed to land.
   PUBLIC ENTITY. A legal entity that constitutes or is part of the government, whether at local, state, or federal level.
   PUBLIC IMPROVEMENTS. Street pavements, public walkways, monuments, watermains, sanitary sewers, storm drain lines, street signs, streetlights, drainage ditches, culverts, and appurtenances to the foregoing items owned, operated and maintained by the village and for use by the public.
   PUBLIC UTILITY EASEMENT. Land set aside or over which a liberty, privilege, or advantage in land existing distinct from the ownership of the land is granted to the public for limited use for a public purpose.
   RESTORATION. Repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility to a condition equal or better than what existed prior to the repair.
   RIGHTS-OF-WAY. The area on, below, or above land dedicated to a public roadway, highway, street, public sidewalk, or alley dedicated for transportation and other compatible uses.
   ROADWAY. That part of the right-of-way that includes the pavement, shoulders, curbs, and roadside drainage ditches.
   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.
   SERVICE LINES. A pipe, conduit, cable, wire, or other similar facility intended to make a connection between a utility owned facility and provide service an adjacent property.
   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.
   TELECOMMUNICATIONS. This term 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, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way 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. "Private line" means a dedicated nontraffic 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. 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 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. chapters 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the rules of the Federal Communications Commission (47 C.F.R. Chapter 76.1500 and following), as now or hereafter amended.
   TELECOMMUNICATIONS PROVIDER. Any person that installs, owns, operates, or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form.
   TELECOMMUNICATIONS RETAILER. Means and includes 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, unit of local government, corporation or entity owning or operating any "facility" as defined in this chapter.
   VEGETATION. Growing plants, grasses, and ground cover.
   VENT. A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
   VIDEO SERVICE. That term as defined in Section 21-201(v) of the Illinois Cable and Video Competition Law of 2007 (ILCS Ch. 220, §21-201(v).
   VILLAGE. The Village of Mahomet, Champaign County, Illinois.
   VILLAGE ENGINEER. A professional engineer, registered as such and licensed to practice in the State of Illinois, and employed by the Board of Trustees of the Village of Mahomet, to provide technical expertise and counsel.
   VISIBILITY TRIANGLE. The area within the vertices of an isosceles triangle whose two equal legs are to be measured along the right-of-way lines of the adjoining or intersecting streets or roads (or extensions thereof). The TRIANGLE shall be formed by a diagonal line connecting two points measured on the right-of-way lines of the intersecting streets located 30 feet from the point of intersection at the street right-of-way lines.
   WATER LINES. Pipelines carrying raw or potable water.
   WET BORING. Pushing a pipe through the earth using water under pressure to create a cavity ahead of a pipe, or boring using water under pressure at the cutting auger to soften the earth and to provide a slurry for the excavated material.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)