For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined in this section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise.
AASHTO. American Association of State Highway and Transportation Officials.
ANSI. American National Standards Institute.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of any type of wireless communications services.
APPLICANT. A person applying for a permit under this chapter.
ASTM. 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. That term as defined in 47 U.S.C.§ 522(5).
CABLE SERVICE. That term as defined in 47 U.S.C.§ 522(6).
CABLE SYSTEM. That term as defined in 47 U.S.C.§ 522(7).
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 or disabled 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 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 Village of South Elgin Code of Ordinances.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE. Cable service, as defined in 47 U.S.C. 522(6), as amended; information service, as defined in 47 U.S.C. 153(24). as amended: telecommunications service, as defined in 47 U.S.C. 153(53), as amended; mobile service, as defined in 47 U.S.C. 153(33), as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER. A cable operator, as defined in 47 U.S.C. 522(5). as amended; a provider of information service, as defined in 47 U.S.C. 153(24), as amended; a telecommunications carrier, as defined in 47 U.S.C. 153(51). as amended; or a wireless provider.
CONDUCTOR. Wire carrying electrical current.
CONDUIT. A casing or encasement for wires or cables.
CONSTRUCT or CONSTRUCTION. 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. The Director of Public Works or his or her 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, 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.
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, fiberoptic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, small wireless facilities, as defined in this chapter, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter. FACILITY shall not include any facility owned or operated by the village.
FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as a monopole, utility pole, antenna, transformer, pump, or meter station.
FRONTAGE ROAD. Roadway, usually parallel to a highway and 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 Director of Public Works 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, 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:
(1) 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 Section VI.D.l.a.i through Section VI.D.l.a.v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C; or
(2) Designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the village 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 the Illinois Cable and Video Competition Law, ILCS Ch. 220, Act 5, § 21-401.
ICC. Illinois Commerce Commission.
IDOT. Illinois Department of Transportation.
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 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 thoroughfares, as defined in § 153.045(L)(4)(a) of this code.
MONOPOLE. A structure composed of a single spire, pole or tower designed and principally used to support antennas or related equipment and that is not a utility pole.
MUNICIPALLY-OWNED INFRASTRUCTURE. Infrastructure in the public right-of-way within the boundaries of the village, including, but not limited to, streetlights, traffic signals, towers, structures, or buildings owned, operated or maintained by the village.
OCCUPANCY. The presence of facilities on, over or under 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 street or sidewalk.
PAVEMENT CUT. The removal of an area of pavement for access to 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.
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).
PRIVATE LINE. 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.
PROMPT. That which is done within a period of time specified by the village, If no time period is specified, the period shall be 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 or RIGHTS-OF-WAY. Any street alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the village has the right and authority to authorize, regulate or permit the location of facilities other than those of the village. RIGHT-OF-WAY or RIGHTS-OF-WAY shall not include any real or personal village property that is not specifically described in the previous two sentences and shall not include village 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 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.
SHOULDER. A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops, storage of snow removed from the pavement, and similar temporary and emergency uses.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and
(2) All other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
SOUND ENGINEERING JUDGMENT. A decision(s) consistent with generally accepted engineering principles, practices and experience.
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. 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. §§ 521 et seq.), 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. §§ 76.1500 et seq.), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER. Any person who 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. 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 that is not a small wireless facility as defined in this chapter.
UTILITY POLE. An upright pole designed and used to support electric cables, telephone cables, telecommunication cables, cable service cables, which are used to provide lighting, traffic control, signage, or a similar function.
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, Act 5, § 21-201(v).
VILLAGE. The Village of South Elgin.
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.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(a) Equipment associated with wireless communications: and
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(2) WIRELESS FACILITY includes small wireless facilities.
(3) WIRELESS FACILITY does not include:
(a) The structure or improvements on, under, or within which the equipment is collocated: or
(b) Wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structure or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person authorized to provide telecommunications service in the state that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or a contractor for a wireless services provider for the application submitted to the village.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.
WIRELESS SERVICES. Any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.
(Ord. 2014-23, passed 6-16-14; Am. Ord. 2018-46, passed 9-17-18)