Definitions

As used in this Chapter

(a)Department means the Department of Public Works.

(b)Director means the Director of Public Works.

(c)Roadway, highway, road, or street (hereinafter “roadway”) means all or any part of the entire width of right of way, whether or not such entire area is actually used by the general public for the passage of vehicles and persons.

(d)Encroachment means any tower, pole, poleline, pipe, pipeline, fence, billboard, stand or building, or any structure or utility infrastructure not particularly mentioned, which is placed in, under or over any portion of a highway.

(e)Betterment means any upgrade to permitted encroachments or permitted temporary encroachments that is not attributable to a highway construction project, or is made solely for the benefit of and at the election of the utility. Betterment includes, but is not limited to, relocation of aerial facilities underground.

(f)Permitted encroachment means the assets or infrastructure of a utility permitted by the Department of Public Works to use public right-of-way. This definition does not apply to sign permits. COL10312014 CH. 53 CARE & PROTECTION OF HIGHWAYS Permittees, for purposes of this Chapter, are the owners or lessors of a permitted encroachment.

(g)Permitted temporary encroachment means any sign, advertisement or other temporary structure that is permitted by the Department of Public Works to be posted on government of Guam rights-of-way. Temporary Permittees, for purposes of this Chapter, are the owners or lessors of a permitted temporary encroachment.

(h)Utility means the Guam Power Authority, the Guam Waterworks Authority or their legal successors, and public or legally licensed purveyors of telecommunication services.