§ 22-77. Terms and definitions.

For purposes of this article, the following terms shall have the following meanings:

Applicant shall mean the owner which may include a utility excavator who has submitted an application for a public right-of-way permit to work and will be performing the work in the public right-of-way. If the work is to be performed by a contractor, this term shall also include the contractor.

Article shall mean this article III of this Code.

Building official shall mean the building official of the city or his designee.

City shall mean the City of Effingham, Illinois.

City engineer shall mean the city engineer for the city or his designee.

Contractor shall mean a private excavator, organization or individual that contracts or is hired to perform the work with another organization or individual (the owner) for the construction of a building, road, driveway, sidewalk, curb, gutter and or other facilities.

Department(s) shall mean the engineering, street, sewer, water, or public property departments of the city.

Deposit shall mean any bond, cash deposit, or other security provided by the applicant in accordance with section 22-85.

Director(s) shall mean the director of streets and sewer, director of water and/or director of public property or their designees.

Facility or facilities shall include, but not limited to, any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner, that is located or are proposed to be located in the public right-of-way.

Major work shall mean any reasonably foreseeable work that will affect the public right-of-way within the roadway-driving surface by the reduction of roadway driving lane width, closure of a roadway-driving lane, or complete closure of any roadway in excess of fifteen (15) minutes or work outside the roadway-driving surface for more than seven (7) consecutive calendar days.

Moratorium street shall mean any street that has been reconstructed, or resurfaced by the city or any other owner in the preceding three-year period.

Municipal department shall mean any agency, board, commission, department, or subdivision of the city that owns, installs, or maintains a facility or facilities in the public right-of-way.

Owner shall mean any person, including the city and a utility excavator, who owns any facility or facilities or work that is proposed to be installed or maintained in the public right-of-way.

Permittee shall mean the applicant (owner and/or contractor) to whom a public right-of-way permit has been granted by the city engineer in accordance with this article.

Person shall mean any owner, person, corporation, partnership, any municipal department, or any governmental agency.

Plumbing inspector shall mean the plumbing inspector for the city or his designee.

Private excavator shall mean any other excavator other than a municipal department or utility excavator.

Public right-of-way shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, spaces, streets, public easements, easements granted specifically to the city and ways within the city, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the city.

Public right-of-way permit shall mean a permit to perform work in the public right-of-way as it has been approved, amended, or renewed by the city engineer.

Residential building permit shall mean a residential building permit issued by the city building official.

Utility excavator shall mean any owner whose facility or facilities in the public right-of-way are used to provide electricity, gas, information services, sewer service, steam, storm drains, telecommunications, traffic controls, transit service, video, water, or other services to customers regardless of whether such owner is deemed a public utility by the public utilities commission.

Work shall mean any work or the performance of work in the surface or subsurface of the public right-of-way, including, but not limited to excavation in the public right-of-way, installing, servicing, repairing or modifying any facility or facilities in or under the surface or subsurface of the public right-of-way or construction of sidewalks, curb cuts, entrances and driveways. It shall also include restoring the surface and subsurface of the public right-of-way. Public right-of-way shall include all public easements or easements granted specifically to the public and/or the city.

(Ord. No. 18-2009, § 2, 5-5-2009)