§ 42-301. Definitions.

As used in this article 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 III. Adm. Code 530.30, unless the context clearly requires otherwise.

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

ANSI means American National Standards Institute.

Applicant means a person applying for a permit under this article.

ASTM means the American Society for Testing and Materials.

Backfill means the replacing of excavated material in a trench or pit.

Bore or boring means the excavation of an underground cylindrical cavity for the insertion of a pipe, electrical conductor or other facility.

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

Casing means the structural protective enclosure for transmittal devices such as, but not limited to, carrier pipes, electrical conductors, and fiber-optic devices.

City means the City of Aurora, Illinois.

City engineer means the Aurora City Engineer or such other person who is authorized by the corporate authorities to oversee the engineering division in the city or his or her designee.

City facilities means the raw or potable water lines, sanitary sewer lines, electrical lines, street lights, storm sewer lines, communication lines, traffic control devices, fiber optic cable, signage and all of the improvements and appurtenances connected thereto that are owned by the City of Aurora.

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.

Coating means the protective wrapping or mastic cover applied to buried pipe, conduit and similar facilities for protection against external corrosion.

Code or Aurora Code means the City of Aurora Municipal Code.

Communications facility or facilities , as defined in chapter 19 of the City of Aurora Code of Ordinances which includes communications facilities and/or communications support facilities.

Conductor means the wire carrying electrical current.

Conduit means the casing or encasement for wires, cables, and similar facilities.

Construction or construct means the installation, repair, maintenance, placement, alteration, enlargement, demolition, modification, expansion, extension, upgrade or abandonment (or act thereof) of facilities that are intended for use to provide services to the residents and businesses in the city.

Cover means the depth of earth or backfill over buried pipe, conductor, conduit or similar facilities.

Crossing facility means a facility that extends into or crosses over a right-of-way at a more or less perpendicular angle.

Disrupt or disruption of the right-of-way means, for purposes of this article, any work that obstructs, interferes with or adversely affects the use of the right-of-way for its intended purpose, including, without limitation, the following: the excavation or other cutting into the right-of-way; placement (whether temporary or permanent) of materials, equipment, devices, or structures in the right-of-way; damage to the right-of-way, appurtenances to the right-of-way or vegetation on the right-of-way; the parking of vehicles or equipment in or on the right-of-way; the compaction or loosening of the soil in the right-of-way; and any other activity that obstructs, interferes with or adversely affects the use of the right-of-way for its intended purpose.

Emergency means any immediate circumstance that requires present access for maintenance, repair or other work to a facility in a right-of-way required to restore or maintain continuous service or to protect and preserve the health, safety and welfare of the city residents, businesses and/or the general public.

Encasement means the provision of a protective casing.

Equipment means materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities in rights-of-way.

Excavation means the process of digging, removing or moving material in the ground for the purpose of construction or otherwise.

Extra heavy pipe shall have the meaning ascribed to it by the ASTM.

Facility means any and all man-made 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, cabinets, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way in the city. For purposes of this article, the term "facility" shall not include any facility owned or operated by the city.

Fiber optic cable means a cable technology that uses glass (or plastic) threads (fibers) to transmit data. A fiber optic cable consists of a bundle of glass threads, each of which is capable of transmitting messages modulated onto light waves.

Freestanding facility means a facility that is not a crossing facility or a parallel facility, such as an antenna, pole, transformer, pump, cabinet, or meter station.

Frontage road means a secondary roadway parallel and providing access to land adjacent to a primary highway where direct access is precluded by control of access to a primary roadway.

Hazardous materials means any substance or material that, due to its quantity, form, concentration, location, or other characteristics, is determined by the city engineer 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 code means the Illinois Highway Code (605 ILCS 5/1-101 et seq.) as amended from time to time.

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.

IDOT means the Illinois Department of Transportation.

ICC means the Illinois Commerce Commission.

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 pole lines, trenches or any other facilities by two or more utilities or service providers.

J.U.L.I.E. means the Joint Utility Locating Information for Excavators utility notification program.

Large freestanding cabinet facility means a cabinet facility that has a volume freestanding cabinet of greater than twenty-four (24) cubic feet, or a linear size in any single freestanding cabinet dimension of greater than four (4) feet (excluding cables, wires, etc.), or a foot print in square feet greater than five (5) percent of the maximum lot coverage for any contiguous zoning lot on or adjacent to the right-of-way proposed for such structure.

Major intersection means an intersection of two (2) or more major arterial highways.

Non-vehicular way means any path or area, whether paved or not, that is designed, dedicated or otherwise designated for non-vehicular public traffic, including pedestrian, bicycle, and other modes of non-vehicular travel.

Occupancy means the presence of facilities on, over or under right-of-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 a right-of-way that is adjacent to a roadway or shoulder that is improved by vegetative surface.

Pavement cut means the removal of an area of impervious surface on a right-of-way for access to a facility or for the construction of a facility.

Permittee means a utility to which a permit has been issued pursuant to sections 42-303 and 42-304 of this article.

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).

Petroleum products pipelines means pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.

Pole, utility/light pole as defined in chapter 19 of the City of Aurora Code of Ordinances, excluding poles in a roadway median, decorative light poles and traffic signals.

Restoration means the restoration of the area in, on or around a right-of-way that is disrupted during the construction, repair or maintenance of a facility to a condition that is substantially similar to the condition of the area prior to the construction, repair or maintenance.

Right-of-way means any property designed, dedicated or otherwise designated and/or used as a roadway, shoulder, parkway, non-vehicular way for pedestrian or vehicular travel by the public; any property designed, dedicated or otherwise designated and/or used for the provision of utilities or other services or benefits to the general public, including the residents of the city; and property designed, dedicated or otherwise designated for use in conjunction with any roadway, parkway, or non-vehicular way. Right-of-way or rights-of-way 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, unless they are situated in the right-of-way.

Roadway means a specific type of right-of-way dedicated and/or used for public vehicular traffic, including the municipal system of streets, allies and lanes, state and county highways, and township and district roads as defined in the highway code, in which the city has an interest or regulatory authority. Roadway specifically means, for purpose of this chapter, the impervious surface portion of a street, lane, drive, boulevard, highway, road, thoroughfare, throughway, tollway, freeway, court, and any other way that is designed, dedicated, or otherwise designated for public vehicular travel.

Roadway median means the median strip or reserved area that separates opposing lanes of traffic on divided roadways. The reserved area may or may not be curbed and be landscaped or paved.

Security fund means that amount of security required pursuant to section 42-309.

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.

Small freestanding cabinet facility means a cabinet facility that has a volume freestanding cabinet of less than twenty-four (24) cubic feet, a linear size in any single freestanding cabinet dimension of less than four (4) feet (excluding cables, wires, etc.), and a foot print in square feet less than five (5) percent of the maximum lot coverage for any contiguous zoning lot on or adjacent to the right-of-way freestanding cabinet.

Sound engineering practice means consistent with generally accepted engineering principles, practices and experience.

Telecommunications as defined and referenced in article III, Telecommunication and Data Transfer.

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

Utility means any individual, corporation, partnership, limited liability company, service provider or other legal person or entity owning, controlling or operating any facility regulated by this article.

Vent means 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, 220 ILCS 21-201(v).

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.

(Ord. No. 017-082, § Exh. A, 11-14-17)