(A)
Purpose. The purpose of this Article 2 is to establish policies and
procedures for constructing facilities on rights-of-way within the
Village's jurisdiction, which will provide public benefit consistent
with the preservation of the integrity, safe usage, and visual qualities
of the Village rights-of-way and the Village as a whole.
(B)
Intent. In enacting this Article 2, the Village intends to exercise
its authority over the rights-of-way in the Village and, in particular,
the use of the public ways and property by utilities, by establishing
uniform standards to address issues presented by utility facilities,
including, without limitation:
(1)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and
other conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with the facilities and operations of the
Village's utilities and of other utilities lawfully located in rights-of-way
or public property;
(4)
Protect against environmental damage, including damage to trees,
from the installation of utility facilities;
(5)
Protect against increased stormwater runoff due to structures
and materials that increase impermeable surfaces;
(6)
Preserve the character of the neighborhoods in which facilities
are installed;
(7)
Preserve open space, particularly the tree-lined parkways that
characterize the Village's residential neighborhoods;
(8)
Prevent visual blight from the proliferation of facilities in
the rights-of-way; and
(9)
Assure the continued safe use and enjoyment of private properties
adjacent to utility facilities locations.
(C)
Facilities subject to this article. This Article 2 applies to all
facilities on, over, above, along, upon, under, across, or within
the rights-of-way within the jurisdiction of the Village. A facility
lawfully established prior to the effective date of this Article 2
may continue to be maintained, repaired and operated by the utility
as presently constructed and located, except as may be otherwise provided
in any applicable franchise, license or similar agreement.
(D)
Franchises, licenses, or similar agreements. The Village, in its
discretion and as limited by law, may require utilities to enter into
a franchise, license or similar agreement for the privilege of locating
their facilities on, over, above, along, upon, under, across, or within
the Village rights-of-way. Utilities that are not required by law
to enter into such an agreement may request that the Village enter
into such an agreement. In such an agreement, the Village may provide
for terms and conditions inconsistent with this Article 2.
(E)
Effect of franchises, licenses, or similar agreements.
(1)
Utilities other than telecommunications providers. In the event
that a utility other than a telecommunications provider has a franchise,
license or similar agreement with the Village, such franchise, license
or similar agreement shall govern and control during the term of such
agreement and any lawful renewal or extension thereof.
(2)
Telecommunications providers. In the event of any conflict with,
or inconsistency between, the provisions of this Article 2 and the
provisions of any franchise, license or similar agreement between
the Village and any telecommunications provider, the provisions of
such franchise, license or similar agreement shall govern and control
during the term of such agreement and any lawful renewal or extension
thereof.
(F)
Conflicts with other articles or ordinances. If any provision of
this Article 2 is inconsistent with the provisions contained in any
other article or ordinance set forth in this Code, the more restrictive
provision shall apply.
(G)
Conflicts with state and federal laws. In the event that applicable
federal or state laws or regulations conflict with the requirements
of this Article 2, the utility shall comply with the requirements
of this Article 2 to the maximum extent possible without violating
federal or state laws or regulations.
(H)
Sound engineering judgment. The Village shall use sound engineering
judgment when administering this Article 2 and may vary the standards,
conditions, and requirements expressed in this Article 2 when the
Village so determines. Nothing herein shall be construed to limit
the ability of the Village to regulate its rights-of-way for the protection
of the public health, safety and welfare.
The following words, terms and phrases, when used in this Article 2, shall have the meanings ascribed to them in this Section 6-2-2, except where the context clearly indicates a different meaning. Any term not defined in this Section 6-2-2 shall have the meaning ascribed to it in 92 Ill. Admin. Code 530.30, unless the context clearly requires otherwise.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
A person applying for a permit under this Article 2.
American Society for Testing and Materials.
The methods or materials for replacing excavated material
in a trench or pit.
To excavate an underground cylindrical cavity for the insertion
of a pipe or electrical conductor.
That term as defined in 47 U.S.C. § 522(5).
That term as defined in 47 U.S.C. § 522(6).
That term as defined in 47 U.S.C. § 522(7).
The pipe enclosing the liquid, gas or slurry to be transported.
A structural protective enclosure for transmittal devices
such as: carrier pipes, electrical conductors, and fiber optic devices.
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 nonrecoverable 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.
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
The Community Development Director or his or her designee.
[Added 7-17-2018 by Ord.
No. 2018-3349]
Wire carrying electrical current.
A casing or encasement for wires or cables.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
The depth of earth or backfill over buried utility pipe or
conductor.
A facility that crosses one or more right-of-way lines of
a right-of-way.
Any work that obstructs the right-of-way or 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: 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.
Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right-of-way
or immediate maintenance required for the health and safety of the
general public served by the utility.
Provision of a protective casing.
The Village Engineer or his or her designee.
Materials, tools, implements, supplies and/or other items
used to facilitate construction of facilities.
The making of a hole or cavity by removing material, or laying
bare by digging.
Pipe meeting ASTM standards for this pipe designation.
All 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,
communications and video cables and wires, poles, conduits, grates,
covers, pipes, cables, and appurtenances thereto) located on, over,
above, along, upon, under, across, or within rights-of-way under this
Article 2, except those owned by the Village. For purposes of this
Article 2, the term "facility" shall not include any facility owned
or operated by the Village.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, vault, box, cabinet, equipment enclosure,
pedestal, transformer, pump, or meter station.
[Amended 7-17-2018 by Ord. No. 2018-3349]
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access on highway.
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the Director of Public Works 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.
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.
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
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.
Illinois Commerce Commission.
Illinois Department of Transportation.
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
The use of pole lines, trenches or other facilities by two
or more utilities.
The Joint Utility Locating Information for Excavators Utility
Notification Program.
The intersection of two or more major arterial highways.
The presence of facilities on, over or under the right-of-way.
A facility that is generally parallel or longitudinal to
the center line of a right-of-way.
Any portion of the right-of-way not improved by street or
sidewalk.
The removal of an area of pavement for access to a facility
or for the construction of a facility.
Pipelines carrying crude or refined liquid petroleum products,
including, but not limited to, gasoline, distillates, propane, butane,
or coal slurry.
That which is performable, feasible or possible, rather than
that which is simply convenient.
The internal force acting radially against the walls of a
carrier pipe expressed in pounds per square inch gauge (psig).
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.
A legal entity that constitutes or is part of the government,
whether at the local, state or federal level.
The repair of a right-of-way, highway, roadway, or other
area disrupted by the construction of a facility.
Any street, alley, other land or waterway, dedicated or commonly
used for utility, pedestrian or vehicular traffic or other similar
purposes, including utility easements, in which the Village has the
right and authority to authorize, manage, regulate or permit the location
of facilities other than those of the Village. "Right-of-way" or "ROW"
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.
[Amended 1-5-2021 by Ord. No. 2021-3508]
That part of the highway that includes the pavement and shoulders.
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.
That amount of security required pursuant to Section 6-2-10 of this article.
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.
See Section 6-2-21 for definition.
[Added 7-17-2018 by Ord.
No. 2018-3349]
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
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 telecommunications services, stationary two-way radio, paging
service and any other form of mobile or portable one-way and two-way
communications, and/or 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.
Unless the context clearly requires otherwise, "telecommunications"
shall also include wireless telecommunications as defined in the Illinois
Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1
et seq. "Private line" means a dedicated nontraffic sensitive service
for a single customer and/or a dedicated nontraffic 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.
§ 521 et seq.), 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 CDF 76.1550; 47 CFR 76.1500
et seq.), as now or hereafter amended.
[Amended 7-17-2018 by Ord. No. 2018-3349]
Any person that installs, owns, operates or controls facilities
in the public rights-of-way used or designed to be used to transmit
telecommunications in any form.
Includes every person engaged in making sales of telecommunications
at retail as defined herein.
A relatively narrow open excavation for the installation
of an underground facility.
The individual or entity owning or operating any "facility"
as defined in this Article 2.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
That term as defined in Section 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 ILCS 5/21-201(v).
Pipelines carrying raw or potable water.
Boring using water under pressure at the cutting auger to
soften the earth and to provide a sluice for the excavated material.
[Amended 7-17-2018 by Ord. No. 2018-3349]
Every utility that occupies a right-of-way within the Village shall register on January 1 of each year with the Village Manager, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a twenty-four-hour emergency contact telephone number (not voice mail or a recording) for each such person, and evidence of insurance as required in Section 6-2-8 of this Code, in the form of a certificate of insurance.
(A)
Permit required. No person shall construct any facility on, over, above, along, upon, under, across, or within any right-of-way within the corporate boundaries of the Village which: (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the ROW, or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the ROW, without first filing an application with the Community Development Director and obtaining a permit from the Village therefor, except as otherwise provided in this Article 2. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the ROW. Small wireless facilities shall also be subject to the permit requirements of Section 6-2-21 of this Article 2.
[Amended 7-17-2018 by Ord. No. 2018-3349; 1-5-2021 by Ord. No. 2021-3508]
(B)
Permit application. All applications for permits pursuant to this Article 2 shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. Applications shall be filed with the Village Community Development Department. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. Small wireless facilities shall also be subject to the application requirements of Section 6-2-21 of this Article 2.
[Amended 7-17-2018 by Ord. No. 2018-3349]
(C)
Minimum general application requirements. The application shall be
made by the utility or its duly authorized representative and shall
contain, at a minimum, the following:
(1)
The utility's name and address and telephone and telecopy numbers;
(2)
The applicant's name and address, if different than the utility,
its telephone and telecopy numbers, e-mail address, and its interest
in the work;
(3)
The names, addresses and telephone and telecopy numbers and
e-mail addresses of all professional consultants, if any, advising
the applicant with respect to the application;
(4)
The names, addresses and telephone and telecopy numbers and
e-mail addresses of all general contractors and subcontractors performing
any work under the permit for which application is made;
[Added 7-17-2018 by Ord.
No. 2018-3349[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(C)(4) through (10) as Subsection (C)(6) through (12), respectively.
(5)
The name of, and a twenty-four-hour emergency contact telephone
number (not voice mail or a recording) for, at least one person with
primary responsibility for the work under the permit for which application
is made;
[Added 7-17-2018 by Ord.
No. 2018-3349]
(6)
A general description of the proposed work and the purposes
and intent of the facility and the uses to which the facility will
be put. The scope and detail of such description shall be appropriate
to the nature and character of the work to be performed, with special
emphasis on those matters likely to be affected or impacted by the
work proposed;
(7)
Evidence that the utility has placed on file with the Village:
(a)
A written traffic control plan demonstrating the protective
measures and devices that will be employed consistent with the Illinois
Manual on Uniform Traffic Control Devices, to prevent injury or damage
to persons or property and to minimize disruptions to efficient pedestrian
and vehicular traffic; and
(b)
An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this Section 6-2-4(C)(7)(b) unless the Village finds that additional information or assurances are needed;
[Amended 7-17-2018 by Ord. No. 2018-3349]
(8)
Drawings, plans and specifications showing the work proposed,
including the certification of an engineer that such drawings, plans,
and specifications comply with applicable codes, rules, and regulations;
(11)
Any request made pursuant to Section 6-2-22 of this Code for a variation from one or more provisions of this Article 2; and
[Amended 7-17-2018 by Ord. No. 2018-3349]
(12)
Such additional information as may be reasonably required by
the Village.
(D)
Supplemental application requirements for specific types of utilities. In addition to the requirements of Section 6-2-4(C) of this Code, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
(1)
In the case of the installation of a new electric power, communications,
telecommunications, cable television service, video service or natural
gas distribution system, evidence that any certificate of public convenience
and necessity or other regulatory authorization that the applicant
is required by law to obtain, or that the applicant has elected to
obtain, has been issued by the ICC or other jurisdictional authority;
(2)
In the case of natural gas systems, state the proposed pipe
size, design, construction class, and operating pressures;
(3)
In the case of waterlines, indicate that all requirements of
the Illinois Environmental Protection Agency, Division of Public Water
Supplies, have been satisfied;
(4)
In the case of sewer line installations, indicate that the land
and water pollution requirements of the Illinois Environmental Protection
Agency, Division of Water Pollution Control and the Metropolitan Water
Reclamation District, have been satisfied; or
(5)
In the case of petroleum products pipelines, state the type
or types of petroleum products, pipe size, maximum working pressure,
and the design standard to be followed.
(E)
Applicant's duty to update information. Throughout the entire permit
application review period and the construction period authorized by
the permit, any amendments to information contained in a permit application
shall be submitted by the utility in writing to the Village within
30 days after the change necessitating the amendment.
(F)
Application fees. Unless otherwise provided by franchise, license,
or similar agreement, all applications for permits pursuant to this
Article 2 shall be accompanied by a fee in the amount set forth in
the Annual Fee Resolution.[2] No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act. Further, applicants for permits pursuant to this Article 2 must reimburse the Village for the cost incurred by the Village for all third-party review, inspections, engineering, or other professional services necessary for the administration of the application and the permit. Application fees for small wireless facilities shall also be subject to the requirements of Section 6-2-21 of this Article 2.
[Amended 4-19-2016 by Ord. No. 2016-3205; 7-17-2018 by Ord. No. 2018-3349]
(G)
Reinspection fee. All permit fees set forth in this Section 6-2-4 include one reinspection. Any inspection or reinspection not covered by the fees designated herein shall be assessed at the rate set forth in the Annual Fee Resolution,[3] unless the Village Manager or his or her designee determines
that further inspection by a specialist or consultant is necessary.
In that event, the Village shall select the specialist or consultant
to make the reinspection and the permittee shall be responsible for
compensating the specialist or consultant on an hourly basis at the
specialist's or consultant's customary rates.
(H)
Completion of permitted work. All construction work authorized by
a permit within public streets or public ways, including restoration,
must be completed as soon as practicable, but in all circumstances
within 120 days after the date of issuance, except as may be approved
by the Village Manager or his or her designee.
(A)
Village review of permit applications. Completed permit applications,
containing all required documentation, shall be examined by the Community
Development Director within a reasonable time after filing. If the
application does not conform to, and demonstrate compliance with,
the requirements of applicable ordinances, codes, laws, rules, and
regulations, the Community Development Director shall reject such
application in writing, stating the reasons therefor. If the Community
Development Director is satisfied that the proposed work conforms
to the requirements of this Article 2 and applicable ordinances, codes,
laws, rules, and regulations, the Community Development Director shall
send the completed permit application, along with all required plans,
to the Director of Public Works for review and approval. If such approval
is given, the Community Development Director shall issue a permit
therefor as soon as practicable. In all instances, it shall be the
duty of the applicant to demonstrate, to the satisfaction of the Community
Development Director and the Director of Public Works, that the construction
proposed under the application shall be in full compliance with the
requirements of this Article 2.
[Amended 7-17-2018 by Ord. No. 2018-3349]
(B)
Additional Village review of applications of telecommunications retailers.
(1)
Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this Article 2 for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than 10 days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Community Development Director shall specify the portion of the ROW upon which the facility may be placed, used and constructed.
(2)
In the event that the Community Development Director fails to
provide such specification of location to the telecommunications retailer
within either (a) 10 days after service of notice to the Village by
the telecommunications retailer in the case of work not involving
excavation for new construction; or (b) 25 days after service of notice
by the telecommunications retailer in the case of work involving excavation
for new construction, the telecommunications retailer may commence
work without obtaining a permit under this Article 2.
(3)
Upon the provision of such specification by the Village, where a permit is required for work pursuant to Section 6-2-4 of this Code, the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Section 6-2-5(A) of this Code.
(C)
Additional Village review of applications of holders of state authorization
under the Cable and Video Competition Law of 2007.[1] Applications by a utility that is a holder of a state
issued authorization under the Cable and Video Competition Law of
2007 shall be deemed granted 45 days after submission to the Village,
unless otherwise acted upon by the Village, provided the holder has
complied with applicable Village codes, ordinances, and regulations.
[1]
Editor's Note: See 220 ILCS 5/21-100 et seq.
(A)
Authority granted; no property right or other interest created. A
permit from the Village authorizes a permittee to undertake only certain
activities in accordance with this Article 2 on Village rights-of-way,
and does not create a property right or grant authority to the permittee
to impinge upon the rights of others who may have an interest in the
rights-of-way.
(B)
Duration. No permit issued under this Article 2 shall be valid for a period longer than six months unless construction is actually begun within that period and is thereafter diligently pursued to completion; provided, however, that permits for small wireless facilities shall be subject to the duration provided for SWF permits in Section 6-2-21 of this Article 2.
[Amended 7-17-2018 by Ord. No. 2018-3349]
(C)
Preconstruction meeting. The Village, at its sole discretion, may
require a preconstruction meeting with the permittee. In such an event,
no construction shall begin pursuant to a permit issued under this
Article 2 prior to attendance by the permittee and all major contractors
and subcontractors who will perform any work under the permit at a
preconstruction meeting. The preconstruction meeting shall be held
at a date, time and place designated by the Village with such Village
representatives in attendance as the Village deems necessary. The
meeting shall be for the purpose of reviewing the work under the permit,
and reviewing special considerations necessary in the areas where
work will occur, including, without limitation, presence or absence
of other utility facilities in the area and their locations, procedures
to avoid disruption of other utilities, use of rights-of-way by the
public during construction, and access and egress by adjacent property
owners.
(D)
Compliance with all laws required. The issuance of a permit by the
Village does not excuse the permittee from complying with other requirements
of the Village and applicable statutes, laws, ordinances, rules, and
regulations.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Article 2, it shall be treated as a request for variation in accordance with Section 6-2-21 of this Code. If the Village denies the request for a variation, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
(A)
Required coverages and limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying the right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in Section 6-2-8(A)(1) and 6-2-8(A)(2) of this Code:
(1)
Commercial general liability insurance, including premises-operations,
explosion, collapse, and underground hazard (commonly referred to
as "X," "C," and "U" coverages) and products-completed operations
coverage with limits not less than:
(2)
Automobile liability for owned, nonowned and hired vehicles
with a combined single limit of $1,000,000 for personal injury and
property damage for each accident;
(3)
Workers' compensation with statutory limits;
(4)
Employer's liability insurance with limits of not less than
$1,000,000 per employee and per accident; and
(5)
Property insurance for its property replacement cost against
all risks.
[Added 7-17-2018 by Ord.
No. 2018-3349]
|
If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this Section 6-2-8.
|
(B)
Excess or umbrella policies. The coverages required by this Section 6-2-8 may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
(C)
Copies required. The utility shall provide copies of any of the policies required by this Section 6-2-8 to the Village within 10 days following receipt of a written request therefor from the Village.
(D)
Maintenance and renewal of required coverages. The insurance policies required by this Section 6-2-8 shall contain the following endorsement:
|
It is hereby understood and agreed that this policy may not
be canceled nor the intention not to renew be stated until 30 days
after receipt by the Village, by registered mail or certified mail,
return receipt requested, of a written notice addressed to the Village
Manager of such intent to cancel or not to renew.
|
|
Within 10 days after receipt by the Village of said notice, and in no event later than 10 days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section 6-2-8.
|
(E)
Self-insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Section 6-2-8(A) of this Code. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Section 6-2-8(A) of this Code, or the requirements of Section 6-2-8(B) through (D) of this Code. A utility that elects to self-insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Section 6-2-8(A) of this Code, such as evidence that the utility is a private self-insurer under the Workers' Compensation Act.
(F)
Effect of insurance and self-insurance on utility's liability. The legal liability of the utility to the Village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section 6-2-8 shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(G)
Insurance companies. All insurance provided pursuant to this Section 6-2-8 shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company.
[Amended 7-17-2018 by Ord. No. 2018-3349]
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
Village and its elected and appointed officials and officers, employees,
agents and representatives harmless from and against any and all injuries,
claims, demands, judgments, damages, losses and expenses, including
reasonable attorneys' fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the utility or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction of facilities or occupancy of
the rights-of-way or any other Village improvements, and in providing
or offering service over the facilities, whether such acts or omissions
are authorized, allowed or prohibited by this Article 2 or by a franchise,
license, or similar agreement; provided, however, that the utility's
indemnity obligations hereunder shall not apply to any injuries, claims,
demands, judgments, damages, losses or expenses arising out of or
resulting from the negligence, misconduct or breach of this Article
2 by the Village, its officials, officers, employees, agents or representatives.
A utility shall also waive any claims it may have against the Village
with respect to consequential, incidental, or special damages, however
caused, based on the theory of liability.
(A)
Purpose. The permittee shall establish a security fund in a form and in an amount as set forth in this Section 6-2-10. The security fund shall be continuously maintained in accordance with this Section 6-2-10 at the permittee's sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for:
(1)
The faithful performance by the permittee of all the requirements
of this Article 2;
(2)
Any expenditure, damage, or loss incurred by the Village occasioned
by the permittee's failure to comply with any codes, rules, regulations,
orders, permits and other directives of the Village issued pursuant
to this Article 2; and
(3)
The payment by the permittee of all liens and all damages, claims,
costs, or expenses that the Village may pay or incur by reason of
any action or nonperformance by the permittee in violation of this
Article 2, including, without limitation, any damage to public property
or restoration work the permittee is required by this Article 2 to
perform that the Village must perform itself or have completed as
a consequence solely of the permittee's failure to perform or complete,
and all other payments due the Village from the permittee pursuant
to this Article 2 or any other applicable law.
(B)
Form. The permittee shall provide the security fund to the Village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of credit provided pursuant to this Section 6-2-10(B) shall, at a minimum:
(1)
Be from a bank having capital resources of at least $50,000,000,
which shall be insured by the Federal Deposit Insurance Corporation;
(2)
Provide that it will not be canceled without prior notice to
the Village and the permittee;
(3)
Not require the consent of the permittee prior to the collection
by the Village of any amounts covered by it; and
(4)
Shall provide a location convenient to the Village and within
the State of Illinois at which it can be drawn.
(C)
Amount. The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Village Engineer may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Section 6-2-10(C) for any single phase.
(D)
Withdrawals. The Village, upon 14 days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this Section 6-2-10(D), may withdraw an amount from the security fund, provided that the permittee has not reimbursed the Village for such amount within the fourteen-day notice period. Withdrawals may be made if the permittee:
(1)
Fails to make any payment required to be made by the permittee
hereunder;
(2)
Fails to pay any liens relating to the facilities that are due
and unpaid;
(3)
Fails to reimburse the Village for any damages, claims, costs
or expenses which the Village has been compelled to pay or incur by
reason of any action or nonperformance by the permittee; or
(4)
Fails to comply with any provision of this Article 2 that the
Village determines can be remedied by an expenditure of an amount
in the security fund.
(E)
Replenishment. Within 14 days after receipt of written notice from the Village that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in Section 6-2-10(C) of this Code.
(F)
Interest. The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the Village, upon written request for said withdrawal to the Village, provided that any such withdrawal does not reduce the security fund below the minimum balance required pursuant to Section 6-2-10(C) of this Code.
(G)
Closing and return of security fund. Upon completion of the work
authorized under the permit, the permittee shall be entitled to the
return of the security fund, or such portion thereof as remains on
deposit, within a reasonable time after account is taken for all offsets
necessary to compensate the Village for failure by the permittee to
comply with any provisions of this Article 2 or other applicable law.
In the event of any revocation of the permit, the security fund, and
any and all accrued interest therein, shall become the property of
the Village to the extent necessary to cover any reasonable costs,
loss or damage incurred by the Village as a result of said revocation,
provided that any amounts in excess of said costs, loss or damage
shall be refunded to the permittee.
(H)
Rights not limited. The rights reserved to the Village with respect
to the security fund are in addition to all other rights of the Village,
whether reserved by this Article 2 or otherwise authorized by law,
and no action, proceeding or exercise of right with respect to said
security fund shall affect any other right the Village may have. Notwithstanding
the foregoing, the Village shall not be entitled to a double monetary
recovery with respect to any of its rights which may be infringed
or otherwise violated.
(A)
Village right to revoke permit. The Village may revoke or suspend
a permit issued pursuant to this Article 2 for one or more of the
following reasons:
(1)
Fraudulent, false, misrepresenting, or materially incomplete
statements in the permit application;
(2)
Noncompliance with this Article 2;
(3)
The permittee's physical presence or presence of the permittee's
facilities on, over, above, along, upon, under, across, or within
the rights-of-way presents a direct or imminent threat to the public
health, safety, or welfare;
(4)
The permittee's failure to construct the facilities substantially
in accordance with the permit and approved plans;
(5)
Work exceeding the scope of the permit; or
(6)
Work done in violation of any Village ordinance.
(B)
Notice of revocation or suspension. The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this Article 2 stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee under this Section 6-2-11.
(C)
Permittee alternatives upon receipt of notice of revocation or suspension.
Upon receipt of a written notice of revocation or suspension from
the Village, the permittee shall have the following options:
(1)
Immediately provide the Village with evidence that no cause
exists for the revocation or suspension;
(2)
Immediately correct, to the satisfaction of the Village, the
deficiencies stated in the written notice, providing written proof
of such correction to the Village within five working days after receipt
of the written notice of revocation; or
(3)
Immediately remove the facilities located on, over, above, along,
upon, under, across, or within the rights-of-way and restore the rights-of-way
to the satisfaction of the Village, providing written proof of such
removal to the Village within 10 days after receipt of the written
notice of revocation.
|
The Village may, in its discretion, for good cause shown, extend the time periods provided in this Section 6-2-11(C).
|
(D)
Stop-work order. In addition to the issuance of a notice of revocation or suspension, the Village may issue a stop-work order immediately upon discovery of any of the reasons for revocation set forth within Section 6-2-11(A) of this Code.
(E)
Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of Section 6-2-11(C) of this Code, the Village or its designee may, at the option of the Village: (1) correct the deficiencies; (2) upon not less than 20 days' notice to the permittee, remove the subject facilities or equipment; or (3) after not less than 30 days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs of removal.
(A)
Notification of change. A utility shall notify the Village no less
than 30 days prior to the transfer of ownership of any facility in
the ROW or change in identity of the utility. The new owner of the
utility or the facility shall have all the obligations and privileges
enjoyed by the former owner under the permit, if any, and applicable
laws, ordinances, rules and regulations, including this Article 2,
with respect to the work and facilities in the ROW.
(B)
Amended permit. A new owner shall request that any current permit
be amended to show current ownership. If the new owner fails to have
a new or amended permit issued in its name, the new owner shall be
presumed to have accepted, and agreed to be bound by, the terms and
conditions of the permit if the new owner uses the facility or allows
it to remain on the Village's ROW.
(C)
Insurance and bonding. All required insurance coverage or bonding
must be changed to reflect the name of the new owner upon transfer.
(A)
Standards and principles. All construction in the right-of-way shall
be consistent with applicable ordinances, codes, laws, rules and regulations,
and commonly recognized and accepted traffic control and construction
principles, sound engineering judgment and, where applicable, the
principles and standards set forth in the following IDOT publications
and Village publications, as amended from time to time:
(1)
Standard Specifications for Road and Bridge Construction;
(2)
Supplemental Specifications and Recurring Special Provisions;
(3)
Highway Design Manual;
(4)
Highway Standards Manual;
(5)
Standard Specifications for Traffic Control Items;
(6)
Illinois Manual on Uniform Traffic Control Devices;
(7)
Village Engineering Guide;
(8)
Village Arboricultural Standards Manual;
(9)
Flagger's Handbook; and
(10)
Work Site Protection Manual for Daylight Maintenance Operations.
(B)
Interpretation of municipal standards and principles. If a discrepancy
exists between or among differing principles and standards required
by this Article 2, the Village Engineer shall determine, in the exercise
of sound engineering judgment, which principles apply, and such decision
shall be final. If requested, the Village Engineer shall state which
standard or principle will apply to the construction, maintenance,
or operation of a facility in the future.
(A)
Minimum requirements. The Village's minimum requirements for traffic
protection are contained in the Illinois Manual on Uniform Traffic
Control Devices and this Code.
(B)
Warning signs, protective devices, and flaggers. The utility is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary, meeting applicable federal, state, and local
requirements for protection of the public and the utility's workers
when performing any work on the rights-of-way.
(C)
Interference with traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
(D)
Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to Section 6-2-20 of this Code, the utility shall provide such notice as is practicable under the circumstances.
(E)
Compliance. The utility shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the utility's attention by the Village.
(A)
General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this Section 6-2-15(A).
(1)
No interference with Village facilities. No utility facilities
shall be placed in any location if the Director of Public Works determines
that the proposed location will require the relocation or displacement
of any of the Village's utility facilities or will otherwise interfere
with the operation or maintenance of any of the Village's utility
facilities. No utility facilities shall be placed in swale areas,
detention areas or overflow routes.
(2)
Minimum interference and impact. The proposed location shall
cause only the minimum possible interference with the use of the right-of-way
and shall cause only the minimum possible impact upon, and interference
with the rights and reasonable convenience of property owners who
adjoin said right-of-way.
(3)
No interference with travel. No utility facility shall be placed
in any location that interferes with the usual travel on such right-of-way.
(4)
No limitations on visibility. No utility facility shall be placed
in any location so as to limit visibility of or by users of the right-of-way.
(5)
Cooperation. Any utility seeking to place a facility in the
Village shall comply with the Village's reasonable requests to place
facilities on public property where possible, and shall comply with
Village direction with respect to the location and screening of equipment
and facilities.
[Added 7-17-2018 by Ord.
No. 2018-3349[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(A)(5) as Subsection (A)(6).
(6)
Size of utility facilities. The proposed installation shall
use the smallest suitable vaults, boxes, equipment enclosures, power
pedestals, and/or cabinets then in use by the facility owner, regardless
of location, for the particular application.
(7)
Diagram/map. Each user of a public right-of-way must provide
a detailed diagram or map showing all places within the Village where
the applicant has existing facilities within a right-of-way and where
the applicant plans or intends to install any other facility in a
right-of-way at any time within three years following issuance of
a permit for use of a right-of-way.
[Added 2-2-2021 by Ord. No. 2021-3513]
(B)
Parallel facilities located within highways.
(1)
Overhead parallel facilities. An overhead parallel facility
may be located within the right-of-way lines of a highway only if:
(a)
Lines are located as near as practicable to the right-of-way
line and as nearly parallel to the right-of-way line as reasonable
pole alignment will permit;
[Amended 7-17-2018 by Ord. No. 2018-3349]
(b)
Where pavement is curbed, poles are as remote as practicable
from the curb with a minimum distance of two feet (0.6 m) behind the
face of the curb, where available;
(c)
Where pavement is uncurbed, poles are as remote from pavement
edge as practicable with minimum distance of four feet (1.2 m) outside
the outer shoulder line of the roadway and are not within the clear
zone;
(d)
No pole is located in the ditch line of a highway; and
(e)
Any ground-mounted appurtenance is located within one foot (0.3
m) of the right-of-way line or as near as possible to the right-of-way
line.
(2)
Underground parallel facilities. An underground parallel facility
may be located within the right-of-way lines of a highway only if:
(a)
The facility is located as near the right-of-way line as practicable
and not more than eight feet (2.4 m) from and parallel to the right-of-way
line;
(b)
A new facility may be located under the paved portion of a highway
only if other locations are impracticable or inconsistent with sound
engineering judgment (e.g., a new cable may be installed in existing
conduit without disrupting the pavement); and
(c)
In the case of an underground power or communications line,
the facility shall be located as near the right-of-way line as practicable
and not more than five feet (1.5 m) from the right-of-way line and
any aboveground appurtenance shall be located within one foot (0.3
m) of the right-of-way line or as near as practicable.
(C)
Facilities crossing highways.
(1)
No future disruption. The construction and design of crossing
facilities installed between the ditch lines or curblines of Village
highways may require the incorporation of materials and protections
(such as encasement or additional cover) to avoid settlement or future
repairs to the roadbed resulting from the installation of such crossing
facilities.
(2)
Cattle passes, culverts, or drainage facilities. Crossing facilities
shall not be located in cattle passes, culverts, or drainage facilities.
(3)
Ninety-degree crossing required. Crossing facilities shall cross
at or as near to a ninety-degree angle to the center line as practicable.
(4)
Overhead power or communication facility. An overhead power
or communication facility may cross a highway only if:
(a)
It has a minimum vertical line clearance as required by ICC's
rules entitled "Construction of Electric Power and Communication Lines"
(83 Ill. Adm. Code 305);
(b)
Poles are located within one foot (0.3 m) of the right-of-way
line of the highway and outside of the clear zone; and
(c)
Overhead crossings at major intersections are avoided.
(5)
Underground power or communication facility. An underground
power or communication facility may cross a highway only if:
(6)
Markers. The Village may require the utility to provide a marker
at each right-of-way line where an underground facility other than
a power or communication facility crosses a highway. Each marker shall
identify the type of facility, the utility, and an emergency phone
number. Markers may also be eliminated as provided in current federal
regulations (49 CFR 192.707, as may be amended).
(D)
Facilities to be located within particular rights-of-way. The Village
may require that facilities be located within particular rights-of-way
that are not highways, rather than within particular highways.
(F)
Facilities installed above ground. Aboveground facilities may be
installed only if:
(1)
No other existing facilities in the area are located underground;
(2)
New underground installation is not technically feasible; and
(3)
The proposed installation will be made at a location, and will
employ suitable design and materials, to provide the greatest protection
of aesthetic qualities of the area being traversed without adversely
affecting safety. Suitable designs include, but are not limited to,
self-supporting armless, single pole construction with vertical configuration
of conductors and cable. Existing utility poles and light standards
shall be used wherever practicable; the installation of additional
utility poles is strongly discouraged.
(G)
Facility attachments to bridges or roadway structures.
(1)
Facilities may be installed as attachments to bridges or roadway
structures only where the utility has demonstrated that all other
means of accommodating the facility are not practicable. Other means
shall include, but are not limited to, underground, underwater, independent
poles, cable supports and tower supports, all of which are completely
separated from the bridge or roadway structure. Facilities transmitting
commodities that are volatile, flammable, corrosive, or energized,
especially those under significant pressure or potential, present
high degrees of risk, and such installations are not permitted.
(2)
A utility shall include in its request to accommodate a facility
installation on a bridge or roadway structure supporting data demonstrating
the impracticability of alternate routing. Approval or disapproval
of an application for facility attachment to a bridge or roadway structure
will be based upon the following considerations.
(a)
The type, volume, pressure or voltage of the commodity to be
transmitted and an evaluation of the resulting risk to persons and
property in the event of damage to or failure of the facility;
(b)
The type, length, value, and relative importance of the highway
structure in the transportation system;
(c)
The alternative routings available to the utility and their
comparative practicability;
(d)
The proposed method of attachment;
(e)
The ability of the structure to bear the increased load of the
proposed facility;
(f)
The degree of interference with bridge maintenance and painting;
(g)
The effect on the visual quality of the structure; and
(h)
The public benefit expected from the utility service as compared
to the risk involved.
(H)
Appearance standards.
(1)
The Village may prohibit the installation of facilities in particular
locations in order to preserve visual quality.
(2)
A facility may be constructed only if its construction does
not require extensive removal or alteration of trees or terrain features
visible to the right-of-way user or to adjacent residents and property
owners, and if it does not impair the aesthetic quality of the lands
being traversed.
(A)
Standards and requirements for particular types of construction methods.
(1)
Boring or jacking.
(a)
Pits and shoring. Boring or jacking under rights-of-way shall
be accomplished from pits located at a minimum distance specified
by the Director of Public Works from the edge of the pavement. Pits
for boring or jacking shall be excavated no more than 48 hours in
advance of boring or jacking operations and backfilled within 48 hours
after boring or jacking operations are completed. While pits are open,
they shall be clearly marked and protected by barricades. Shoring
shall be designed, erected, supported, braced, and maintained so that
it will safely support all vertical and lateral loads that may be
imposed upon it during the boring or jacking operation.
(b)
Wet boring or jetting. Wet boring or jetting shall not be permitted
under the roadway.
(c)
Borings with diameters greater than six inches. Borings over
six inches (0.15 m) in diameter shall be accomplished with an auger
and following pipe, and the diameter of the auger shall not exceed
the outside diameter of the following pipe by more than one inch (25
mm).
(d)
Borings with diameters six inches or less. Borings of six inches
or less in diameter may be accomplished by either jacking, guided
with auger, or auger and following pipe method.
(e)
Tree preservation. Any facility located within the dripline
of any tree located on the ROW must be preserved or protected in accordance
with the Village Arboricultural Standards Manual.
(2)
Trenching. Trenching shall not be permitted for facility installation,
repair, or maintenance on rights-of-way.
(3)
Backfilling.
(a)
Any pit, trench, or excavation created during the installation
of facilities shall be backfilled for its full width, depth, and length
using methods and materials in accordance with IDOT's Standard Specifications
for Road and Bridge Construction. When excavated material is hauled
away or is unsuitable for backfill, suitable granular material of
CA-7 gradation shall be used.
(b)
For a period of three years from the date construction of a
facility is completed, the utility shall be responsible to remove
and restore any backfilled area that has settled due to construction
of the facility. If so ordered by the Director of Public Works, the
utility, at its expense, shall remove any pavement and backfill material
to the top of the installed facility, place and properly compact new
backfill material, and restore new pavement, sidewalk, curbs, and
driveways to the proper grades, as determined by the Director of Public
Works.
(4)
Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variation to the limitation set forth in this Section 6-2-16(A)(4) is permitted under Section 6-2-21 of this Code, the following requirements shall apply:
(a)
Any excavation under pavements shall be backfilled and compacted
as soon as practicable with granular material of CA-6 or CA-10 gradation,
as designated by the Director of Public Works.
(b)
Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the Village. Standard Village details for pavement replacement shall be adhered to and are set forth in this Section 6-2-16(A). (See also following diagrams.)[1]
[1]
Editor's Note: The diagrams are included at the end of this
chapter.
(c)
All saw cuts shall be full depth.
(d)
For all rights-of-way which have been resurfaced, reconstructed
or rehabilitated within the past five years, permits shall not be
issued unless such work is determined to be an emergency repair or
other work considered necessary and unforeseen before the time of
the reconstruction or unless a pavement cut is necessary for a JULIE
locate.
(5)
Encasement.
(a)
Casing pipe shall be designed to withstand the load of the highway
and any other superimposed loads. The casing shall be continuous either
by one-piece fabrication or by welding or jointed installation approved
by the Village.
(b)
The venting, if any, of any encasement shall extend within one
foot (0.3 m) of the ROW line. No aboveground vent pipes shall be located
in the area established as clear zone for that particular section
of the highway.
(c)
In the case of water main or service crossing, encasement shall
be furnished between bore pits unless continuous pipe or Village-approved
jointed pipe is used under the roadway. Casing may be omitted only
if pipe is installed prior to highway construction and carrier pipe
is continuous or mechanical joints are of a type approved by the Village.
Bell and spigot type pipe shall be encased regardless of installation
method.
(d)
In the case of gas pipelines of 60 psig or less, encasement
may be eliminated.
(e)
In the case of gas pipelines or petroleum products pipelines
with installations of more than 60 psig, encasement may be eliminated
only if: 1) extra-heavy pipe is used that precludes future maintenance
or repair and 2) cathodic protection of the pipe is provided.
(f)
If encasement is eliminated for a gas or petroleum products
pipeline, the facility shall be located so as to provide that construction
does not disrupt the ROW.
(6)
Minimum cover of underground facilities. Cover shall be provided
and maintained at least in the amount specified in the following table
for minimum cover for the type of facility:
|
Type of Facility
|
Minimum Cover
| |
|---|---|---|
|
Electric lines
|
30 inches (0.8 m)
| |
|
Communication, cable or video service lines
|
24 inches (0.6 m)
| |
|
Gas or petroleum products
|
30 inches (0.8 m)
| |
|
Waterline
|
5.5 feet to the top of the water main
| |
|
Sanitary sewer, storm sewer, or drainage line
|
Sufficient cover to provide freeze protection
|
(B)
Standards and requirements for particular types of facilities.
(1)
Electric power or communication lines.
(a)
Code compliance. Electric power or communications facilities
within Village rights-of-way shall be constructed, operated, and maintained
in conformity with the provisions of 83 Illinois Administrative Code
Part 305 (formerly General Order 160 of the Illinois Commerce Commission)
entitled "Rules for Construction of Electric Power and Communication
Lines", and the National Electrical Safety Code.
(b)
Overhead facilities. Overhead power or communication facilities
shall use single pole construction and, where practicable, joint use
of poles shall be used. Utilities shall make every reasonable effort
to design the installation so guys and braces will not be needed.
Variations may be allowed if there is no feasible alternative and
if guy wires are equipped with guy guards for maximum visibility.
No tree may be used to either temporarily or permanently anchor or
support overhead power or communication facilities.
(c)
Underground facilities.
(i)
Cable may be installed by trenching or plowing,
provided that special consideration is given to boring in order to
minimize damage when crossing improved entrances and side roads.
(ii)
If a crossing is installed by boring or jacking,
encasement shall be provided between jacking or bore pits. Encasement
may be eliminated only if: a) the crossing is installed by the use
of moles, whip augers, or other approved methods which compress the
earth to make the opening for cable installation or b) the installation
is by the open trench method which is only permitted prior to roadway
construction.
(iii)
Cable shall be grounded in accordance with the
National Electrical Safety Code.
(d)
Burial of drops. All temporary service drops placed between
November 1 of the prior year and March 15 of the current year, also
known as "snow drops," shall be buried by May 31 of the current year,
weather permitting, unless otherwise permitted by the Village. Weather
permitting, utilities shall bury all temporary drops, excluding snow
drops, within 10 business days after placement.
(2)
Underground facilities other than electric power or communication
lines. Underground facilities other than electric power or communication
lines may be installed by:
(a)
The use of moles, whip augers, or other approved methods which
compress the earth to move the opening for the pipe;
(b)
Jacking or boring with vented encasement provided between the
ditch lines or toes of slopes of the highway;
(c)
Open trench with vented encasement between ultimate ditch lines
or toes of slopes, but only if prior to roadway construction; or
(d)
Tunneling with vented encasement, but only if installation is
not possible by other means.
(3)
Gas transmission, distribution and service. Gas pipelines within
rights-of-way shall be constructed, maintained, and operated in a
Village-approved manner and in conformance with the Federal Code of
the Office of Pipeline Safety Operations, Department of Transportation,
Part 192 — Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards (49 CFR 192), IDOT's Standard Specifications
for Road and Bridge Construction, and all other applicable laws, rules,
and regulations.
(4)
Petroleum products pipelines. Petroleum products pipelines within
rights-of-way shall conform to the applicable sections of ANSI Standard
Code for Pressure Piping (Liquid Petroleum Transportation Piping Systems
ANSI-B 31.4).
(5)
Waterlines, sanitary sewer lines, stormwater sewer lines or
drainage lines. Waterlines, sanitary sewer lines, storm sewer lines,
and drainage lines within rights-of-way shall meet or exceed the recommendations
of the current Standard Specifications for Water and Sewer Main Construction
In Illinois.
(6)
Ground-mounted appurtenances. Ground-mounted appurtenances to
overhead or underground facilities, when permitted within a ROW, shall
be provided with a vegetation-free area extending one foot (305 mm)
in width beyond the appurtenance in all directions. The vegetation-free
area may be provided by an extension of the mounting pad, or by heavy-duty
plastic or similar material approved by the Community Development
Director. With the approval of the Community Development Director,
shrubbery surrounding the appurtenance may be used in place of vegetation-free
area. The housing for ground-mounted appurtenances shall be painted
a neutral color to blend with the surroundings.
(C)
Materials.
(1)
General standards. The materials used in constructing facilities
within rights-of-way shall be those meeting the accepted standards
of the appropriate industry, the applicable portions of IDOT's Standard
Specifications for Road and Bridge Construction, the requirements
of the Illinois Commerce Commission, or the standards established
by other official regulatory agencies for the appropriate industry.
(2)
Material storage on right-of-way. No material shall be stored
on the right-of-way without the prior written approval of the Director
of Public Works. When such storage is permitted, all pipe, conduit,
wire, poles, cross arms, or other materials shall be distributed along
the right-of-way prior to and during installation in a manner to minimize
hazards to the public or an obstacle to right-of-way maintenance or
damage to the right-of-way and other property. If material is to be
stored on the right-of-way, prior approval must be obtained from the
Village.
(3)
Hazardous materials. The plans submitted by the utility to the
Village shall identify any hazardous materials that may be involved
in the construction of the new facilities or removal of any existing
facilities.
(D)
Operational restrictions:
(1)
Construction operations on rights-of-way may, at the discretion
of the Village, be required to be discontinued when such operations
would create hazards to traffic or the public health, safety, and
welfare. Such operations may also be required to be discontinued or
restricted when conditions are such that construction would result
in extensive damage to the right-of-way or other property.
(2)
These restrictions may be waived by the Director of Public Works
when emergency work is required to restore vital utility services.
(3)
Unless otherwise permitted by the Village, the hours of construction are those set forth in Section 14-15-10(M) of this Code. Any entity performing noise-generating operations shall use its best efforts to avoid performing any noise-generating operations within 300 feet of houses of worship on religious holidays and Saturdays and shall endeavor to coordinate its activities with all local houses of worship to avoid any conflict. Any operations to be conducted on private property shall be coordinated with the occupant or owner of the property.
[Amended 7-20-2021 by Ord. No. 2021-3539]
(4)
No steel plates shall be permitted on the roadways from November
1 to April 30, as outlined in Section IV, Paragraph G(8) of the Village
Engineering Guide.
(E)
Location of existing facilities. Any utility proposing to construct
facilities in the Village shall contact JULIE and ascertain the presence
and location of existing aboveground and underground facilities within
the rights-of-way to be occupied by its proposed facilities. The Village
will make its records available to a utility for the purpose of identifying
possible facilities. When notified of an excavation or when requested
by the Village or by JULIE, a utility shall locate and physically
mark its underground facilities within 48 hours, excluding weekends
and holidays, in accordance with the Illinois Underground Utility
Facilities Damage Prevention Act, 220 ILCS 50/1 et seq.
(A)
Electric utilities; compliance with state laws and regulations. An
electric utility shall conduct all tree trimming and vegetation control
activities in the ROW in accordance with applicable Illinois laws
and regulations and, additionally, with such local franchise or other
agreement with the Village as permitted by law.
(B)
Other utilities; tree trimming approval required. Tree trimming must
be done only upon prior approval by the Director of Public Works,
and in accordance with applicable Illinois laws and regulations and
the Village Arboricultural Standards Manual. All tree trimming must
be performed under the supervision of a certified arborist and by
competent workers experienced in accepted tree pruning practices.
Tree trimming shall be performed as expeditiously as practicable.
(C)
Specimen trees or trees of special significance. The Village may
require that special measures be taken to preserve specimen trees
or trees of special significance. The required measures may consist
of higher poles, side arm extensions, covered wire or other means.
(D)
Chemical use:
(1)
Except as provided in Section 6-2-17(D)(2) of this Code, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease.
(2)
Spraying of any type of brush-killing chemicals will not be
permitted on rights-of-way unless the utility demonstrates to the
satisfaction of the Director of Public Works that such spraying is
the only practicable method of vegetation control.
(E)
Damage to trees. Poor pruning practices resulting in damaged or misshapen
trees shall be grounds for assessment of damages. The Village will
require compensation for trees extensively damaged and for trees removed
without authorization. The formula developed by the International
Society of Arboriculture will be used as a basis for determining the
compensation for damaged trees or unauthorized removal of trees. The
Village may require the removal and replacement of trees if trimming
or radical pruning would leave them in an unacceptable condition.
(A)
Notice. Within 90 days following written notice from the Village,
a utility shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any utility facilities within the rights-of-way whenever the corporate
authorities have determined that such removal, relocation, change
or alteration is reasonably necessary for the construction, repair,
maintenance, or installation of any Village improvement in or upon,
or the operations of the Village in or upon, the rights-of-way.
(B)
Removal of unauthorized facilities. Within 30 days following written
notice from the Village, any utility that owns, controls, or maintains
any unauthorized facility or related appurtenances within the rights-of-way
shall, at its own expense, remove all or any part of such facilities
or appurtenances from the rights-of-way. A facility is unauthorized
and subject to removal in the following circumstances:
(1)
Upon expiration or termination of the permittee's license or
franchise, unless otherwise permitted by applicable law;
(2)
If the facility was constructed or installed without the prior
grant of a license or franchise, if required;
(3)
If the facility was constructed or installed without prior issuance
of a required permit in violation of this Article 2; or
(4)
If the facility was constructed or installed at a location not
permitted by the permittee's license or franchise.
(C)
Emergency removal or relocation of facilities. The Village retains
the right and privilege to cut or move any facilities located within
the rights-of-way of the Village, as the Village may determine to
be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the Village shall attempt
to notify the utility, if known, prior to cutting or removing a facility
and shall notify the utility, if known, after cutting or removing
a facility.
(D)
Abandonment of facilities. Upon abandonment of a facility within
the rights-of-way of the Village, the utility shall notify the Village
within 90 days. Following receipt of such notice the Village may direct
the utility to remove all or any portion of the facility if the Director
of Public Works determines that such removal will be in the best interest
of the public health, safety and welfare. In the event that the Village
does not direct the utility that abandoned the facility to remove
it, by giving notice of abandonment to the Village, the abandoning
utility shall be deemed to consent to the alteration or removal of
all or any portion of the facility by another utility or person.
(A)
Cleanup and restoration. Upon completion of all construction or maintenance
of facilities, the permittee working in the ROW shall remove all excess
material and restore all turf and terrain in a timely manner and to
the satisfaction of the Village. This includes restoration of entrances
and side roads. Restoration of roadway surfaces shall be made using
materials and methods approved by the Director of Public Works and
shall be in accordance with the standard Village details as set forth
herein. Such cleanup and repair may be required to consist of backfilling,
regrading, resodding, or any other requirement to restore the ROW
to a condition substantially equivalent to that which existed prior
to the commencement of the project, unless otherwise directed by the
Village.
(B)
Completion of cleanup and restoration. The cleanup and restoration
of the ROW to a condition similar or equal to that existing before
the construction of the work shall be completed within 10 days of
the completion of the construction, upgrade, installation, or maintenance,
unless weather conditions necessitate a longer time frame. Such restoration
shall be made in a workmanlike and professional manner.
(C)
Restoration of grass, shrubs, and vegetation. Where areas of grass,
shrubs or vegetation have been disturbed, the permittee working in
the ROW shall replace said affected areas with replacement materials
as soon as possible within 10 days of the construction, upgrade, installation,
or maintenance, unless weather conditions necessitate a longer time
frame. The permittee working in the ROW shall be responsible for the
initial maintenance of the replacement sod, shrubs or vegetation,
including fertilization, and the first five waterings, and shall inform
the property owner caring for such sod, in writing, of the proper
care of the sod and the owner's responsibility for ongoing maintenance
of the sod. In the event that the grass, shrubs or vegetation die
before the end of the first season after replacement, the permittee
shall replace the grass, shrubs or vegetation at its expense.
(D)
Temporary restoration. If weather or other conditions do not permit the complete restoration required by this Section 6-2-19, the permittee shall temporarily restore the affected ROW. Such temporary restoration shall be at the permittee's sole expense, and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(E)
Damage to private property. Where any damage is caused to any property
during construction, reconstruction, installation, or maintenance
by the permittee, the cost of such repairs, including all service
and materials required by the property owner, will be billed to the
party causing the damage. The charges shall be paid within 45 days
of the date of the billing. All damaged property (including any landscaping)
will be repaired, replaced or restored as nearly as may be practicable,
to the condition existing prior to the performance of the work and
shall be in the same manner as the restoration of property in the
ROW.
(A)
General. Facilities on, over, above, along, upon, under, across,
or within rights-of-way are to be maintained by or for the utility
in a manner satisfactory to the Village and at the utility's expense.
(B)
Emergency maintenance procedures. Emergencies may justify noncompliance
with normal procedures for securing a permit.
(1)
If an emergency creates a hazard on the traveled portion of
the right-of-way, the utility shall take immediate steps to provide
all necessary protection for traffic on the highway or the public
on the right-of-way including the use of signs, lights, barricades
or flaggers. If a hazard does not exist on the traveled way, but the
nature of the emergency is such as to require the parking on the shoulder
of equipment required in repair operations, adequate signs and lights
shall be provided. Parking on the shoulder in such an emergency will
only be permitted when no other means of access to the facility is
available.
(2)
In an emergency, the utility shall, as soon as possible, notify
the Director of Public Works or his or her duly authorized agent of
the emergency, informing him or her as to what steps have been taken
for protection of the traveling public and what will be required to
make the necessary repairs. If the nature of the emergency is such
as to interfere with the free movement of traffic, the Village police
shall be notified immediately.
(3)
In an emergency, the utility shall use all means at hand to
complete repairs as rapidly as practicable and with the least inconvenience
to the traveling public.
(C)
Emergency repairs. The utility must file in writing with the Village
a description of the repairs undertaken in the right-of-way within
48 hours after an emergency repair.
[Added 7-17-2018 by Ord.
No. 2018-3349[1]]
(A)
Purpose. The purpose of this section is to establish standards for
the location, installation, and maintenance of small wireless facilities
in compliance with the Illinois Small Wireless Facilities Deployment
Act (50 ILCS 835/1 et seq.) and Village standards. Small wireless
facilities shall be subject to the requirements of this section, this
Article 2, and federal law.
(B)
ANTENNA
COLLOCATE or COLLOCATION
MICRO WIRELESS FACILITY
RIGHT-OF-WAY or ROW
SMALL WIRELESS FACILITY or SWF
SWF ACT
UTILITY POLE
WIRELESS FACILITY
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
Definitions. Words or phrases in this section that are not defined in this Subsection (B) or in Section 6-2-2 shall have the meanings ascribed to them in the Illinois Small Wireless Facilities Deployment Act. The following words and phrases have the meanings ascribed to them:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole.
A small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width, and 12 inches in height
and that has an exterior antenna, if any, no longer than 11 inches.
For the purposes of collocation of small wireless facilities,
the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, or utility easement dedicated for compatible use,
and does not include Village-owned aerial lines.
A wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than six
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and (ii) all
other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than 25 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
The Illinois Small Wireless Facilities Deployment Act, 50
ILCS 835/1 et seq.
A pole or similar structure that is used in whole or in part
by a communications service provider or for electric distribution,
lighting, traffic control, or a similar function.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including (i)
equipment associated with wireless communications and (ii) radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
Wireless facility includes small wireless facilities. Wireless facility
does not include the structure or improvements on, under, or within
which the equipment is collocated or wireline backhaul facilities,
coaxial or fiber optic cable that is between wireless support structures
or utility poles or coaxial or fiber optic cable that is otherwise
not immediately adjacent to or directly associated with an antenna.
Any entity authorized to provide telecommunications service
in the state that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures, or utility
poles and that is not a wireless services provider but is acting as
an agent or a contractor for a wireless services provider for the
application submitted to the Village.
A wireless infrastructure provider or a wireless services
provider.
Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory
basis using licensed or unlicensed spectrum, whether at a fixed location
or mobile, using wireless facilities.
An entity that provides wireless services.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or other existing or proposed
structure designed to support or capable of supporting wireless facilities.
"Wireless support structure" does not include a utility pole.
(C)
Permit required. No SWF may be installed within the Village unless
a permit is first obtained in accordance with the provisions of this
Article 2.
(D)
Permit application. All applicants for a permit to install a SWF within the Village must submit a written permit application to the Community Development Director by personal delivery, on a form provided by the Village. The permit application must include the following information and the information required by Section 6-2-4, as applicable:
(1)
Contact information. The names and contact information of the
wireless services provider and the wireless infrastructure provider,
if any.
(2)
Description. A description and depiction of the wireless services
provider's existing SWFs located within the Village.
(3)
Location; photographs. The location where each proposed small
wireless facility or utility pole would be installed, including photographs
of the location and its surroundings, depicting the utility poles
or structures on which each proposed small wireless facility would
be mounted or the location where a utility pole would be installed.
(4)
Specifications; drawings. Specifications and drawings prepared
by a licensed professional structural engineer for each proposed SWF
as it is proposed to be installed, with a certification that each
SWF complies with all applicable size and location standards.
(5)
Structural analysis. A site-specific structural analysis for
each location by a licensed professional structural engineer as well
as any make-ready analysis for a Village utility pole that includes
addressing the acceptability of the site for factors such as pole
loading from existing utility equipment and conductors as well as
the small wireless facility.
(6)
Equipment; model numbers. The equipment type and model numbers
for the antennas and all other wireless equipment associated with
each proposed SWF.
(7)
Number. The total number of SWFs the wireless services provider
estimates it will seek within the Village.
(8)
Schedule. A proposed schedule for the installation and completion
of each proposed SWF, if approved.
(9)
Proof of insurance. Proof of insurance coverage of the types and amount set forth in Section 6-2-8.
(10)
Certification of SWF Act compliance. A certification that the
proposed SWF complies with Subsection 15(d)(6) of the SWF Act and
this Article 2.
(12)
Owner; co-owner certification. A certification from the owner
or co-owner of the utility pole or wireless support structure that
the owner or co-owner has approved installation of a SWF on the utility
pole or wireless support structure.
(13)
Environmental assessment. A copy of an environmental assessment
review or report pursuant to the National Environmental Policy Act
(NEPA), or any related rule or guidance, that establishes compliance
of the proposed SWF to applicable federal standards or that the SWF
is by rule exempt from an environmental impact statements under NEPA.
[Added 2-2-2021 by Ord. No. 2021-3513]
(14)
Diagram/map. A diagram or map as required under Section 6-2-15(A)(7).
[Added 2-2-2021 by Ord. No. 2021-3513]
(E)
Review of application. Applications will be reviewed in accordance
with the following process, except that the Community Development
Director may alter the review process for an application as appropriate
based on the elements of that application.
(1)
Determination of completeness. Within 30 days after an application
is filed, the Community Development Director will determine whether
the application is complete. The Community Development Director will
notify the applicant of his or her determination. If an application
is not complete, then the Community Development Director will identify
the missing information.
(2)
Processing time period. The Community Development Director will
process a complete application to collocate (i) a SWF on an existing
utility pole or wireless support structure within 90 days, and (ii)
a SWF on a new utility pole within 120 days.
(3)
Approvals; permits; duration. The Community Development Director
will approve an application and issue a permit if it meets all requirements
of the SWF Act and applicable Village Code requirements. All collocation
under the permit must be completed within 180 days after issuance
of the permit, unless otherwise mutually agreed or for reasons authorized
under the SWF Act. A permit is valid for five years.
(4)
Renewal. When the permit expires, the Village will renew the
permit except if the Village determines the SWF does not conform to
any applicable federal, state, or local code or regulation. The wireless
provider must provide all reports, plans, and other documents and
data necessary for the Village to determine conformance of the SWF.
(5)
Denial. The Community Development Director will deny an application
if it does not meet all requirements of the SWF Act and applicable
requirements of the Village Code. The Community Development Director
will notify the applicant of the denial and the reason or reasons
for the denial.
(6)
Extensions of time. The time period for applications may be
tolled by express written agreement of the applicant and the Village
or a local, state, or federal disaster declaration or similar emergency
that causes the delay.
(F)
Guidance on SWF locations. Based on various factors including, among
others, public safety, existing utility poles and wireless facilities,
and potential adverse impacts, the applicant must consider collocation
in these locations, with the items listed from most preferable to
least preferable;
(1)
Public utilities' poles. Utility poles owned or maintained by
ComEd or other public utilities.
(2)
Village poles. Village-owned utility poles other than light
poles or standards (whether existing or to be installed) in the following
order of priority: (i) within an arterial street right-of-way, (ii)
within a parking lot or on other property related to a governmental
or institutional use, and (iii) within a collector street right-of-way.
(3)
Privately owned poles. Privately-owned utility poles, but only
in locations approved by the Village.
(4)
Village light poles. Village-owned light poles or standards
(whether existing or to be installed) in the following priority: (i)
within an arterial street right-of-way, (ii) within a parking lot
or on other property related to a governmental or institutional use,
and (iii) within a collector street right-of-way.
(5)
Other poles. Utility poles, regardless of ownership, located
in a rear yard (or abutting easement) of any residential dwelling.
(G)
Decorative utility poles, concealment of SWF. If the Community Development
Director determines that a SWF proposed by the applicant would have
an unduly adverse impact on the abutting area unless the SWF is collocated
on a decorative pole or is concealed, then the Community Development
Director may require, as a condition of approval of that SWF, a decorative
utility pole or concealment. The Community Development Director or
a designee may meet with the applicant to determine the plans for
the SWF under that circumstance. If an agreement on plans cannot be
reached, then the Community Development Director may deny the permit
for that proposed SWF.
(H)
Prohibited locations. SWFs are prohibited at the following locations
except as otherwise required by applicable law:
(1)
Residential property: on any property classified in a residential
district under the Village's Zoning Code.
(2)
Private property: on any privately owned property except with
the approval of the Village.
(3)
Government property: on any property owned or controlled by
a unit of local government that is not located within rights-of-way,
except with the permission of the local government and approval of
the Village.
(4)
Poles with equipment: on any utility pole that includes equipment,
such as capacitor banks, transformers, cable terminals, cable rises,
fuses, or disconnects.
(I)
Size, height, and location of components.
(1)
Volume. No element of a SWF may exceed six cubic feet in volume
and all other wireless equipment attached directly to a utility pole
associated with the SWF is cumulatively not more than 25 cubic feet.
(2)
Overall height. No element of a SWF may extend above 45 feet
above grade.
(3)
Height above pole. No element of a SWF may extend more than
10 feet above a utility pole or wireless support structure on which
it is collocated.
(4)
New utility pole, wireless support structure height. A new or
replacement utility pole or a new wireless support structure on which
a SWF will be collocated may not exceed the higher of (a) 10 feet
in height above the tallest existing utility pole, other than a utility
pole supporting only wireless facilities, that is in place as of the
date the application is submitted to the Village, that is located
within 300 feet of the new or replacement utility pole or wireless
support structure and that is in the same right-of-way within the
Village, or (b) 45 feet above ground level. No SWF installed on a
new utility pole or wireless support structure may extend above that
forty-five-foot height.
(5)
New utility pole location. No new utility pole may be constructed
for a SWF within 100 feet of an existing utility pole that the applicant
may use on reasonable terms and conditions and without undue technical
limits or undue additional costs.
(J)
Color. Antennas and equipment cabinets must be in colors harmonious
with, and that blend with, the utility pole or wireless support structure
to which they are attached, as well as with the natural features,
buildings and structures surrounding such antenna and supporting structures,
as determined by the Community Development Director. Any wiring or
cables must be covered with an appropriate cover.
(K)
Landscaping. The immediate area around any ground-mounted equipment
or cabinets must be landscaped in a manner that largely screens the
equipment and cabinets.
(L)
Safety requirements.
(1)
Mounting strength. The strength and sufficiency of the support structure, and the mounting of the antenna and related equipment, must be verified and stamped by a licensed structural engineer on the drawing required under Section 6-2-21(D).
(2)
Guy wires prohibited. No guy wire or other support wires may
be used in connection with a SWF antenna or its related equipment
except for preexisting guy wires or other support wires on a preexisting
wireless support structure.
(3)
Grounding. A SWF antenna and related structure must be bonded
to a ground rod.
(4)
Emergency disconnection. A SWF antenna must have an emergency
disconnect.
(5)
Lighting. No SWF may be lighted unless required by the Federal
Aviation Administration or other federal or state agency with jurisdiction
and authority.
(6)
Signs and advertising. Unless required by federal or state law,
or by a rule of a federal or state regulatory agency with jurisdiction
and authority, no markings, signs, or advertising of any kind may
be placed on any SWF component except unobtrusive identification or
location markings.
(7)
Building codes and safety standards. A SWF must meet or exceed
(1) all requirements of this Code, (2) all other applicable local
and state building codes and electrical codes, and (3) industry standards.
(8)
Regulatory compliance. Each SWF and wireless facility must meet
or exceed current standards and regulations of the Federal Communications
Commission, the Federal Aviation Administration, and any other federal
or state agency with jurisdiction and authority.
(9)
Utility worker safety. Prior to the commencement of SWF construction,
the wireless provider must provide the Village with any required safety
precautions for individuals working on or near the SWF. If refresher
training, personal protective equipment, or tools are required for
safety purposes related to a SWF collocated on a Village-owned utility
pole, then the wireless services provider must reimburse the Village
for all of its actual costs of those elements.
(M)
IDOT, Cook County approvals. The applicant must provide proof of
concurrence of IDOT or Cook County for the use of traffic signals
located on state or county roads.
(N)
Abandonment. Any SWF that has been abandoned or is being used for
a purpose other than its original purpose must be removed at the owner's
expense. Abandonment includes, without limitation, any SWF that is
not operated for a continuous period of 12 months, or is otherwise
out of operation or repair for any reason, or used for a purpose other
than its original purpose. Notice to the owner of the facility must
be given in compliance with the requirements of the SWF Act, and the
owner must remove the facility within 90 days of such notice.
(O)
Collocation on Village utility poles.
(1)
Rates and fees for use of Village utility pole. The Village
will set and charge nondiscriminatory rates and fees for collocation
on Village utility poles. The Village will keep a written schedule
of rates and fees in the office of the Village Clerk.
(2)
Annual rate. In addition to the rates and fees for collocation,
each wireless services provider must pay an annual fee as established
in the Annual Fee Resolution[3] for each SWF located on a Village utility pole in the
right-of-way or on Village property not located in the right-of-way.
(3)
Operating agreement. Prior to commencement of SWF construction
on a Village-owned utility pole, the owner must develop an operating
agreement satisfactory to the Community Development Director. The
agreement must include protocols for emergency response and for maintenance
of the utility pole and include emergency contacts, a contact for
public inquires, the utility billing address, and the legal address
of the wireless services provider.
(P)
SWF equipment replacement. The wireless provider must notify the
Village at least 10 days prior to a planned equipment replacement
and provide the equipment specifications. The replacement equipment
must be the same size and/or smaller than the original installation.
(Q)
Right-of-way permit. The wireless provider must secure a permit for
any activities in the right-of-way that affect traffic patterns or
require lane closures.
(R)
General standards.
(1)
No interference. Every wireless provider's operation of a wireless
facility must not interfere with the frequencies used by any public
safety agency for public safety communications. The wireless provider
must install SWFs of the type and frequency that will not cause interference
with any public safety agency's communications equipment. Unacceptable
interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable
interference to public safety spectrum or any other spectrum licensed
by a public safety agency.
(2)
Curing interference. If a SWF causes interference and the wireless
provider has been given written notice of the interference by the
Village or public safety agency, then the wireless provider, at its
expense, must take all reasonable steps necessary to correct and eliminate
the interference, including, without limitation, powering down the
SWF and later powering it up for intermittent testing, if necessary.
The Village may terminate a permit for a SWF based on interference
if the wireless provider is not making a good faith effort to remedy
the problem in a manner consistent with the abatement and resolution
procedures for interference with public safety spectrum established
by the FCC, including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR
90.672 through 47 CFR 90.675.
(3)
Compliance with contract terms. Every wireless provider must
comply with all requirements imposed by a contract between the Village
and a private property owner that concern design or construction standards
applicable to utility poles and to ground-mounted equipment located
in the right-of-way.
(4)
Spacing. Every wireless provider must comply with spacing requirements
in this section or any other applicable Village code or ordinance
concerning the location of ground-mounted equipment located in the
right-of-way. A wireless provider may apply for a variation of a spacing
requirement.
(5)
Undergrounding. Every wireless provider must comply with all
Village codes and regulations regarding undergrounding of utilities
and facilities that prohibit installation of new, or modification
of existing, utility poles in a right-of-way. A wireless provider
may apply for a variation of an undergrounding requirement.
(6)
General Village standards. Every wireless provider must comply
with generally applicable Village standards for construction and public
safety in the rights-of-way, including, without limitation, wiring
and cabling requirements, grounding requirements, utility pole extension
requirements, and sign restrictions. Every wireless provider must
comply with all Village regulations applicable to the location, size,
surface area and height of wireless facilities and the abandonment
and removal of SWFs.
(7)
Poles for electricity distribution. No wireless services provider
may collocate a SWF on a Village utility pole that is part of an electricity
distribution or transmission system within the communication worker
safety zone of the pole or the electric supply zone of the utility
pole, except that the antenna and support equipment of the SWF may
be located in the communications space on the Village's utility pole
and on the top of the utility pole if no other utility pole is available
and the wireless provider complies with applicable codes for work
involving the top of the utility pole. The terms "communications space,"
"communication worker safety zone," and "electric supply zone" shall
have the meanings contained in the National Electric Safety Code.
(8)
Public safety codes. Every wireless provider must comply with
all applicable state, county, and Village codes, ordinances, and regulations
that concern public safety.
(9)
Decorative, stealth, and concealment standards. Every wireless
provider must comply with the Village's generally applicable written
standards for decorative utility poles, and the Village's generally
applicable standards regarding stealth, concealment, and aesthetics
governing occupiers of the right-of-way, including the Village's design
or concealment measures in an historic district or regarding an historic
landmark.
(S)
Installation and maintenance of wireless facilities. Each wireless
provider must construct, install, and maintain all wireless facilities
in accordance with the standards set forth in this Article 2.
(A)
Request for variation. A utility requesting a variation from one
or more of the provisions of this Article 2 must do so in writing
to the Community Development Director as a part of the permit application.
The request shall identify each provision of this Article 2 from which
a variation is requested and the reasons why a variation should be
granted.
(B)
Authority to grant variations. The Community Development Director
shall decide whether a variation is authorized for each provision
of this Article 2 identified in the variation request on an individual
basis.
(C)
Conditions for granting of variation. The Community Development Director
may authorize a variation only if the utility requesting the variation
has demonstrated that:
(1)
One or more conditions not under the control of the utility
(such as terrain features or an irregular right-of-way line) create
a special hardship that would make enforcement of the provision unreasonable,
given the public purposes to be achieved by the provision; and
(2)
All other designs, methods, materials, locations or facilities
that would conform to the provision from which a variation is requested
are impracticable in relation to the requested approach; and
[Amended 7-17-2018 by Ord. No. 2018-3349]
(D)
Additional conditions for granting of a variation. As a condition
for authorizing a variation, the Community Development Director may
require the utility requesting the variation to meet reasonable standards
and conditions that may or may not be expressly contained within this
Article 2 but which carry out the purposes of this Article 2.
(E)
Right to appeal. Any utility aggrieved by any order, requirement,
decision or determination, including denial of a variation, made by
the Community Development Director under the provisions of this Article
2 shall have the right to appeal to the Village Board, or such other
board or commission as it may designate. The application for appeal
shall be submitted in writing to the Village Clerk within 30 days
after the date of such order, requirement, decision or determination.
The Village Board shall commence its consideration of the appeal at
the Board's next regularly scheduled meeting occurring at least seven
days after the filing of the appeal. The Board of Trustees shall timely
decide the appeal.
As a condition precedent to the issuance of a permit as provided
herein, all permittees are required to send written notification via
certified mail, return receipt requested, to all owners of properties
abutting or adjacent to the area (the "affected residents") where
the proposed work is to be commenced. Said notification shall set
forth the name of the entity seeking the permit, the scope of the
proposed work, and the time frame in which said work is to be completed.
Pursuant to said notification, and not less than 10 days prior to
the commencement of construction, the licensee shall set a time and
place within the Village for a meeting with the affected residents
to explain the nature of the work to be done, and to answer any questions
relating thereto. The licensee shall participate in said meeting in
good faith, and shall attempt to address all reasonable concerns of
the affected residents.
Any person who violates, disobeys, omits, neglects or refuses
to comply with any of the provisions of this Article 2 shall be subject
to a fine in accordance with the penalty provisions of this Code.
There may be times when the Village will incur delay or other costs,
including third party claims, because the utility will not or cannot
perform its duties under its permit and this Article 2. Unless the
utility shows that another allocation of the cost of undertaking the
requested action is appropriate, the utility shall bear the Village's
costs of damages and its costs of installing, maintaining, modifying,
relocating, or removing the facility that is the subject of the permit.
No other administrative agency or commission may review or overrule
a permit-related cost apportionment of the Village. Sanctions may
be imposed upon a utility that does not pay the costs apportioned
to it.
Nothing in this Article 2 shall be construed as limiting any
additional or further remedies that the Village may have for enforcement
of this Article 2.
