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 Ill. Admin. Code 530.30, unless the context clearly requires otherwise.
   AASHTO. American Association of State Highway and Transportation Officials.
   ANSI. American National Standards Institute.
   ANTENNA. Any device that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. A combination of panels, boxes, or other antenna physically connected and designed in conjunction to receive signals at one location in the system shall be considered one ANTENNA.
   APPLICANT. A person applying for a franchise, license, or any permit or other authorization to install, maintain, repair or otherwise physically access facilities in the rights-of-way 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.
   CITY. The City of Troy, Illinois.
   CITY UTILITY POLE. A utility pole owned or operated by the city in public 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 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 Municipal Code of the City of Troy, Illinois.
   CONDUCTOR. Wire carrying electrical current.
   CONDUIT. A casing or encasement for wires or cables.
   CONSTRUCTION, CONSTRUCT or BUILDING OPERATIONS. 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 city's 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.
   ENGINEER. The City Engineer or his or her designee.
   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, fiber optic cable, antenna, vaults, boxes, equipment enclosures, cabinets, pedestals, transmitters, meters, foundations, poles, towers, conduits, grates, covers, pipes, cables and appurtenances thereto, and any other equipment, infrastructure, structures or obstruction) located on, over, above, along, upon, under, across or within rights-of-way under this chapter. FACILITY shall not include a temporary, lawful presence on rights-of-way such as vehicular parking.
   FRANCHISE AGREEMENT or FRANCHISE. A binding and accepted ordinance or right-of-way agreement with a person or utility, executed by the city, authorizing the operation of facilities within the rights-of-way of 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 to a highway.
   HAZARDOUS MATERIALS. Any substance or material that, due to its quantity, form, concentration, location or other characteristics, is determined by the City Engineer (Director of Public Works) to pose an unreasonable and imminent risk to the life, health or safety of persons, 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.
   HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the State Cable and Video Competition Law, ILCS Ch. 220, Act 5, § 21-401.
   IDOT. Illinois Department of Transportation.
   ICC. Illinois Commerce Commission.
   INCIDENTAL USE. Facilities of a minor nature, such as mailboxes, driveway aprons, private cross- connections or other incidental facilities, that may be permitted by license issued by the Director as provided herein.
   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.
   LICENSE. The executed agreement between the city and a person to use and occupy the rights-of-way for the purpose of installing incidental facilities in the rights-of-way, or incidental uses such as ingress and egress facilities, lateral lines, mailboxes or driveway aprons.
   LINEAR FOOT. The length in feet of cable, wire, fiber, conduit or other linear facilities. Facilities that are physically connected, wrapped or lashed as a single cable, conduit or bundle of cables or conduit shall be considered a single facility for purposes of calculating each linear foot, provided that each conduit or bundle of conduit, up to and including four inches in exterior diameter, shall constitute a separate facility for calculating linear feet. Conduit having fiber optic or other cable or wire installed within it shall not be considered separate facilities, but shall be considered part of the single "conduit" or bundle for purposes of calculating linear feet. Each utility shall be subject to a separate linear foot charge for facilities used by the utility and subject to this code.
   MAJOR INTERSECTION. The intersection of two 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 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.
   PERMITTEE. That entity to which a permit has been issued pursuant to §§ 54.04 and 54.05 of this chapter.
   PERSON. Any corporation, partnership, proprietorship, individual, organization, governmental entity, or any natural person, including, but not limited to, utilities and licensees as referenced herein.
   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 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, RIGHTS-OF-WAY or ROW. The area on, under, along, across or above any street, alley, roadway, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, in which the city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city, and including such adjacent areas within such public ways within city control, except as may be limited herein or by law. RIGHT-OF-WAY, RIGHTS-OF-WAY or ROW shall not include any real or personal city property that is not specifically described in the previous two sentences, and shall not include city buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way.
   ROADWAY. The 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. The amount of security required pursuant to § 54.10 of this chapter.
   SHOULDER. A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge, and an area for emergency vehicular stops and storage of snow removed from the pavement.
   SMALL WIRELESS FACILITY. A wireless communications 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 to a utility pole or support structure, associated with the small wireless facility, is cumulatively no more than 25 cubic feet in volume, calculated to the extent permitted by law.
   SOUND ENGINEERING JUDGMENT. A decision(s) consistent with generally accepted engineering principles, practices and experience.
   SUPPORT STRUCTURE. A free-standing structure such as a billboard or other structure designed to, or capable of, supporting wireless communications facilities. A SUPPORT STRUCTURE shall not include a utility pole.
      (1)   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 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.
      (2)   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.
      (3)   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.
      (4)   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 city 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 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. A person owning, controlling, leasing, maintaining, using, installing, or operating any facility as defined in this chapter, and including all persons subject to the requirement of a franchise or license. A UTILITY may be made up of multiple persons. As defined in this chapter, a UTILITY does not require that the person be certified as a "public utility" by the ICC pursuant to the Public Utilities Act (ILCS Ch. 220, Act 5, §§ 1-101 et seq.). For purposes of this chapter, a UTILITY does not include the city except as may otherwise be required by law.
   UTILITY POLE. A pole or similar structure that is used in whole or in part by a utility or for electric distribution, lighting, or traffic control. UTILITY POLE shall not include a support structure.
   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 § 21-201(v) of the State Cable and Video Competition Law of 2007, ILCS Ch. 220, Act 5, § 21-201(v).
   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. 2022-61, passed 11-7-2022)