A. Defined Terms. 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. Adm. Code § 530.30, unless the context clearly requires otherwise.
1. “AASHTO” means the American Association of State Highway and Transportation Officials.
2. “ANSI” means the American National Standards Institute.
3. “Applicant” means a person applying for a permit under this chapter.
4. “ASTM” means the American Society for Testing and Materials.
5. “Backfill” means the methods or materials for replacing excavated material in a trench or pit.
6. “Bore” or “boring” means to excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
7. “Broadband service” means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises.
8. “Cable operator” means that term as defined in 47 U.S.C. 522(5).
9. “Cable service” means that term as defined in 47 U.S.C. 522(6).
10. “Cable system” means that term as defined in 47 U.S.C. 522(7).
11. “Carrier pipe” means the pipe enclosing the liquid, gas or slurry to be transported.
12. “Casing” means a structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
13. “Clear zone” means 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.
14. “Coating” means a protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
15. “Code” or “this Code” means the Winnetka Village Code.
16. “Commission” means the Illinois Commerce Commission.
17. “Competitive cable service or video service provider” means a person or entity that is providing or seeks to provide cable service or video service in an area where there is at least one incumbent cable operator.
18. “Conductor” means wire that carries an electrical current.
19. “Conduit” means a casing or encasement for wires or cables.
20. “Construction” or “construct” means the installation, repair, maintenance, placement, relocation, alteration, reconfiguration, enlargement in size or capacity, demolition, modification or abandonment in place of facilities.
21. “Cover” means the depth of earth or backfill over buried utility pipe or conductor.
22. “Crossing facility” means a facility that crosses one or more right-of-way lines of a right-of-way.
23. “Director of Engineering” means the Village of Winnetka’s Director of Engineering or his or her designee.
24. “Director of Water & Electric” means the Village of Winnetka’s Water and Electric Director or his or her designee.
25. “Disrupt the right-of-way” means any work that obstructs the right-of-way or that 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: boring; 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.
26. “Emergency maintenance” means any immediate maintenance to the facility required for the safety of the public that is using or is in the vicinity of the right-of-way, or any immediate maintenance required for the health and safety of the general public served by the utility.
27. “Encasement” means the provision of a protective casing.
28. “Engineer” means the Village Engineer or his or her designee.
29. “Equipment” means machinery, materials, tools, implements, supplies and/or other items used to facilitate construction of facilities.
30. “Excavation” means the making of a hole or cavity by removing material, or laying bare by digging.
31. “Extra heavy pipe” means pipe meeting ASTM standards for this pipe designation.
32. “Facility” means any and all structures, devices, objects and materials (including, but not limited to, such things as track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) 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.
33. “Freestanding facility” means a facility that is not a crossing facility or a parallel facility, including, but not limited to, a vault, box, cabinet, antenna, transformer, pump or meter station.
34. “Frontage road” means a roadway, usually parallel to a highway, providing access to land adjacent to such highway where access is otherwise precluded by control of access on highway.
35. “Hazardous materials” means any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Director of 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.
36. “Highway Code” means the Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time.
37. “Highway” means 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.
38. “Holder” means 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, 220 ILCS 5/21-401.
39. “IDOT” means the Illinois Department of Transportation.
40. “ICC” or “Commission” means the Illinois Commerce Commission.
41. “In the right(s)-of-way” means and includes any location in, on or across any portion of the right-of-way, whether on, above or below the surface of the right-of-way. The terms “within the right(s)-of-way,” and “in or on the right(s)-of-way” shall mean the same as “in the right(s)-of-way” and may be used interchangeably with that term.
42. “Jacking” means pushing a pipe in an underground location by mechanical means, with or without boring.
43. “Jetting” means pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
44. “Joint use” means the use of pole lines, trenches or other facilities by two or more utilities.
45. “J.U.L.I.E.” means the Joint Utility Locating Information for Excavators utility notification program.
46. “Major intersection” means the intersection of two or more major arterial highways.
47. “Municipal utility services,” means any utility service provided by the Village of Winnetka or another authorized unit of local government, and includes the Village of Winnetka water and electric utilities, the Village of Winnetka storm sewer system and sanitary sewer system operated by the Village of Winnetka or the Metropolitan Water reclamation District.
48. “Occupancy” means the presence of facilities on, over or under right-of-way.
49. “Parallel facility” means a facility that is generally parallel or longitudinal to the centerline of a right-of-way.
50. “Parkway” means any portion of the right-of-way not improved by street or sidewalk.
51. “Pavement cut” means the removal of an area of pavement for access to facility or for the construction of a facility.
52. “Performance security” means that amount of security required pursuant to section 14.04.100 of this chapter.
54. “Person” means any person, firm, corporation, association, partnership or any other form of association or organization. “Person” includes the singular and the plural.
55. “Practicable” means that which is performable, feasible or possible, regardless of whether it is convenient.
56. “Pressure” means the internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
57. “Petroleum products pipelines” means pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
58. “Prompt” means 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.
59. “Public entity” means a legal entity that constitutes or is part of the government, whether at local, state or federal level.
60. “Restoration” means the repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
61. “Right-of-Way” or “rights-of-way” means 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.
62. “Roadway” means that part of the highway that includes the pavement and shoulders.
63. “Sale of telecommunications at retail” means 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.
64. “Shoulder” means 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.
65. “Sound engineering judgment” means a decision or decisions consistent with generally accepted engineering principles, practices and experience.
66. “Telecommunications” means and 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 telecommunication 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. “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. Sections 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. § 76.1500 and following) as now or hereafter amended.
67. “Telecommunications provider” means 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.
68. “Telecommunications retailer” means and includes every person engaged in making sales of telecommunications at retail as defined herein.
69. “Trench” means a relatively narrow open excavation for the installation of an underground facility.
70. “Underground facility” means a facility with its highest elevation at or below the grade level of the adjacent ground.
71. “Utility” means any person other than the Village of Winnetka that owns or operates any facility as defined in this chapter.
72. “Vent” means a pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
73. “Video service” means that term as defined in section 21-201(v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 10/21-201(v).
74. “Water lines” means pipelines carrying raw or potable water
75. “Wet boring” means boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
B. Other Defined Terms. Any term not defined in this chapter but defined in Chapter 1.08 of this Code shall have the meaning ascribed to it therein.
C. Other Terms. Any term not defined in this chapter or in chapter 1.08 shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise.
(MC-5-2020, § 12, Amended 11/17/2020; MC-15-2007, Amended, 11/20/2007; MC-10-2007, Added, 07/10/2007)