§ 58-225. Definitions.

(a)

For the purposes of this Article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Any term not defined in this section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.), the Illinois Telecommunications Municipal Infrastructure Maintenance Fee Act (35 ILCS 635/1 et seq.), the Illinois Telephone Company Act (220 ILCS 65/0.01 et seq.), the Cable and Video Competition Law of 2007 (220 ILCS 5/21-100 et seq.) and the Illinois Highway Code, (605 ILCS 5/1-101 et seq.), unless the context clearly requires otherwise. In the event that a term is not defined by this Article, said term shall have its common and/ordinary meaning.

(b)

Definitions.

AASHTO means the American Association of State Highway and Transportation Officials.

Above Ground Service Facility shall mean an above ground structure, used by an Entity to provide Service to the public, which has an above ground volume greater than 24 cubic feet, but excluding buildings, towers, utility poles, water towers and standpipes.

ANSI means the American National Standards Institute. Applicant means a person or any other Entity applying for a permit pursuant to this Article.

ASTM means the American Society for Testing and Materials.

Backfill means the methods or materials for replacing excavated material in a trench or pit.

Bore or Boring means to excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.

Cable and Video Competition Law of 2007 means 220 ILCS 5/21-100 et seq., as the same may be amended from time to time.

Carrier Pipe means the pipe enclosing the liquid, gas or slurry to be transported.

Casing means the structural protective enclosure for transmittal devices such as Carrier Pipes, electrical conductors, and fiber optic devices.

City Engineer means the City of Wheaton Director of Engineering or his designee.

City Standards are any codes, ordinances or regulations of the City which are applicable to Construction of Facilities in Public Ways.

Clear Zone means the total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area shall consist of a Shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The required width shall be dependent upon traffic volumes and speeds, and on roadside geometry. Distances are specified in the AASHTO Roadside Design Guide.

Coating means a protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.

Competitive Cable Service or Video Service Provider shall have the meaning ascribed thereto by Section 5/21-201(h), the Cable and Video Competition Law of 2007, and as may be amended from time to time.

Conductor means a wire carrying electrical current.

Conduit means a Casing or Encasement for wires or cables.

Construction or Construct means the installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment of Facilities.

Cover means the depth of earth or backfill over a buried pipe or conductor.

Crossing Facility means a Facility that crosses one or more Public Ways.

Disrupt the Public Way means any work that obstructs the Public Way or causes a materially adverse effect on the use of the Public 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, but shall not include the parking of vehicles or Equipment in a manner that does not materially obstruct the flow of traffic on a Public Way.

Emergency means any immediate maintenance to a Facility required for the safety of the public using, or in the vicinity of a Public Way, or immediate maintenance required for the health and safety of the general public served by the Facility.

Encasement means the provision of a protective casing.

Entity means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, a unit of local government, or a receiver, trustee, guardian or other representative appointed by order of court, or any other legally recognized organization, whether for-profit or not-for-profit. The City shall not be considered a "Person" or "Entity."

Equipment means the materials, tools, implements, supplies, and/or other items used to facilitate Construction of Facilities.

Excavation means any digging or other penetration below existing grades, including, but not limited to, the removal of surface materials to allow the installation of concrete footing or pads.

Extra Heavy Pipe means a pipe meeting ASTM standards for said designation.

Facility.

(1)

The term "facility" means all structures, devices, objects, and materials, including, but not limited to, antennas, electrical wires and cables, ducts, fiber optic cables, communications and video cables and wires, poles, conduits, grates, covers, pipes, water, sewer and stormwater lines, cables, pavement, pads, personal wireless facilities, and appurtenances thereto, located in the Public Ways.

(2)

The term "Freestanding Facility" means a Facility such as an antenna, transformer, pump, equipment cabinet, meter station or similar ground-mounted appurtenance. The term "Freestanding Facility" shall not include a Crossing Facility or a Parallel Facility.

Field Change means a change approved by the City Engineer, in writing, to the: size of a Facility, so long as the size does not exceed those specified by this Article of a Facility; location used for a Facility (by no more than ten percent from a permitted location); type of materials, or equipment used for a Facility for the same purpose that is different than those set forth in approved permit plans.

Hazardous Material means any substance or material defined as such under federal and/or state law which, due to its quantity, form, concentration, location, or other characteristic, is determined by the City Engineer to pose an unreasonable or imminent risk to the life, health or safety of Persons or property or to 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 means a dedicated way used for vehicular traffic, including rural or urban roads or streets, whether classified as arterial, collector, minor or local. The term "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, pavement, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicular traffic.

Highway Code means the Illinois Highway Code, 605 ILCS 5/1-101 et seq., and as may be amended from time to time.

IDOT means the Illinois Department of Transportation and its successor agencies.

ICC means the Illinois Commerce Commission and its successor agencies.

Jacking means pushing a pipe horizontally under a roadway by mechanical means with or without Boring.

Jetting means pushing a pipe through the earth using water under Pressure to create a cavity ahead of the pipe.

Joint Use means the use of utility poles, trenches or other Facilities by two or more entities.

Major Intersection means the intersection of two or more arterial highways.

Occupancy means the presence of Facilities on, over or under a Public Way.

Parallel Facility means a Facility that is generally parallel or longitudinal to the centerline of a Right-of-Way.

Parkway means any portion of the Highway not improved by street or sidewalk.

Pavement Cut means the removal of an area of pavement for access to a Facility or for Construction of a Facility.

Permittee means the person or Entity to which a permit has been issued pursuant this Article.

Personal Wireless Services means any technologies defined in 47 USC 332(c)(7) including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, provided to personal mobile communication devices through wireless Facilities or any fixed mobile wireless services provided using personal wireless Facilities.

Personal Wireless Service Facilities means equipment at a fixed location that enables Personal Wireless Service between user equipment and a communications network, including, but not limited to:

(1)

Equipment associated with Personal Wireless Services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and

(2)

Transmission Tower, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.

Practicable means that which is performable, feasible or possible, rather than that which is simply convenient.

Pressure means the internal force acting radially against the walls of a Carrier Pipe expressed in pounds per square inch gauge (psig).

Prompt means that which is done within a period of time specified by the City. If no time period is specified by the City, the period shall be 30 days.

Public Entity means a unit government, whether at the local, state or federal level.

Public Way means the surface, the air space above the surface, and the area below the surface of any Right-of-Way, road, Highway, lane, path, alley, sidewalk, boulevard, drive, bridge, public driveway, Conduit, tunnel, park, parkway, square, waterway or easement containing, or which is planned to contain, a publicly owned sanitary sewer, stormwater sewer or water line or dedicated for other utilities. No reference herein to the Public Way shall be deemed to be a representation or a guarantee by the City that its title or interest in any property is sufficient to permit its use for such purpose, and the Permittee shall, by the use of such term, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give.

Restoration means the repair of a Public Way to its original condition, when it has been disrupted by the Construction of a Facility.

Right-of-Way means any road, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, or public driveway.

Roadway means that part of the Highway that includes the pavement and Shoulders.

Sale of Telecommunications at Retail shall have the meaning set forth in (35 ILCS 635/10(f)) the Telecommunications Infrastructure Maintenance Fee Act, and as may be amended from time to time.

Security Fund means that amount of security required pursuant to section 58-233.

Shoulder means the 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.

Sound Engineering Judgment means a decision consistent with generally accepted engineering principles, practices and experience.

State-Issued Authorization means the ICC authorization to allow an entity to offer or provide cable or video service pursuant to Section 21-401 of the Competitive Cable and Video Competition Law of 2007.

Telecommunications Retailer shall have the meaning prescribed thereto in the Telecommunications Infrastructure Maintenance Fee Act, as may be amended from time to time (35 ILCS 635/10(d)).

Trench means a relatively narrow open excavation for the installation of an underground Facility.

Utility Pole means a structure owned or operated by a public utility, as defined by 220 ILCS 5/3-105, or a municipality as defined by 65 ILCS 5/1-1-2, that is designed specifically for and used to carry lines, cables or wires for telecommunications, cable, electricity or to provide lighting.

Vent means a pipe that allows the dissipation of gases or vapors into the atmosphere from any underground casing.

Water Lines means pipelines carrying raw or potable water.

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.

(Code 1996, § 58-225; Ord. No. F-1323, § 1, 12-3-2007; Ord. No. F-1953, § 1, 8-1-2016)