[Added 12-10-2007 by Ord. No. 07-40]
A.
Purpose. The purpose of this article 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, 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 small wireless facilities
and utility facilities, including, without limitation:
[Amended 6-28-2018 by Ord. No. 18-13]
(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 facilities;
(5)
Protect against increased stormwater run-off 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 facilities locations.
C.
Facilities subject to this article. This article 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 may continue to be maintained,
repaired and operated by the wireless provider or utility as presently
constructed and located, except as may be otherwise provided in any
applicable franchise, license or similar agreement.
[Amended 6-28-2018 by Ord. No. 18-13]
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.
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 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. This article supersedes all articles
or parts of articles adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
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, the utility shall comply with the requirements of
this article 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 and may exercise the power described in § 95-121 to vary the standards, conditions, and requirements expressed in this article 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.
[Amended 6-28-2018 by Ord. No. 18-13]
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Any term not defined in this section shall have the meaning
ascribed to it in 92 Ill. Adm. Code § 530.30, unless the
context clearly requires otherwise.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of any type of wireless
communications services.
[Added 6-28-2018 by Ord.
No. 18-13]
A person applying for a permit under this article.
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(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.
The Village of Coal City Code of Ordinances.
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole.
[Added 6-28-2018 by Ord.
No. 18-13]
Cable service, as defined in 47 U.S.C. § 522(6),
as amended; information service, as defined in 47 U.S.C. § 153(24),
as amended; telecommunications service, as defined in 47 U.S.C. § 153(53),
as amended; mobile service, as defined in 47 U.S.C. § 153(33),
as amended; or wireless service other than mobile service.
[Added 6-28-2018 by Ord.
No. 18-13]
A cable operator, as defined in 47 U.S.C. § 522(5),
as amended; a provider of information service, as defined in 47 U.S.C.
§ 153(24), as amended; a telecommunications carrier, as
defined in 47 U.S.C. § 153(51), as amended; or a wireless
provider.
[Added 6-28-2018 by Ord.
No. 18-13]
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,
poles, conduits, grates, covers, pipes, cables, small wireless facilities,
as defined in this article, and appurtenances thereto) located on,
over, above, along, upon, under, across, or within rights-of-way under
this article. For purposes of this article, the term "facility" shall
not include any facility owned or operated by the Village.
[Amended 6-28-2018 by Ord. No. 18-13]
A facility that is not a crossing facility or a parallel
facility, such as a monopole, utility pole, antenna, transformer,
pump, or meter station.
[Amended 6-28-2018 by Ord. No. 18-13]
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the Village Engineer to pose an unreasonable and imminent risk to
the life, health or safety of persons or property or to the ecological
balance of the environment, including, but not limited to, explosives,
radioactive materials, petroleum or petroleum products or gases, poisons,
etiology (biological) agents, flammables, corrosives or any substance
determined to be hazardous or toxic under any federal or state law,
statute or regulation.
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.
A building, property, or site, or group of buildings, properties,
or sites that are either:
[Added 6-28-2018 by Ord.
No. 18-13]
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register,
the individual who has been delegated the authority by the federal
agency to list properties and determine their eligibility for the
National Register, in accordance with Section VI.D.1.a.i through Section
VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47
CFR Part 1, Appendix C; or
Designated as a locally landmarked building, property, site,
or historic district by an ordinance adopted by the Village pursuant
to a preservation program that meets the requirements of the Certified
Local Government Program of the Illinois State Historic Preservation
Office or where such certification of the preservation program by
the Illinois State Historic Preservation Office is pending.
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, ILCS Ch. 220, Act 5, § 21-401.
Illinois Commerce Commission.
Illinois Department of Transportation.
The Joint Utility Locating Information for Excavators utility
notification program.
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 intersection of two or more major arterial highways.
A structure composed of a single spire, pole or tower designed
and principally used to support antennas or related equipment and
that is not a utility pole.
[Added 6-28-2018 by Ord.
No. 18-13]
Infrastructure in the public right-of-way within the boundaries
of the Village, including, but not limited to, streetlights, traffic
signals, towers, structures, or buildings owned, operated or maintained
by the Village.
[Added 6-28-2018 by Ord.
No. 18-13]
The presence of facilities on, over or under a 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 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).
A dedicated non-traffic-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.
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 pedestrian or vehicular traffic or other similar purposes,
including utility easements, in which the Village has the right and
authority to authorize, regulate or permit the location of facilities
other than those of the Village. "Right-of-way" or "rights-of-way"
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.
That part of the highway that includes the pavement and shoulders.
That amount of security required pursuant to § 95-110.
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.
[Added 6-28-2018 by Ord. No. 18-13]
A wireless facility that meets both of the following qualifications:
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
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.
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
This term 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 or two-way
communications, and 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.
"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 CFR 76-1500 et seq.),
as now or hereafter amended.
Any person that installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications
in any form.
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
that is not a small wireless facility as defined in this article.
[Amended 6-28-2018 by Ord. No. 18-13]
An upright pole designed and used to support electric cables,
telephone cables, telecommunication cables, cable service cables,
which are used to provide lighting, traffic control, signage, or a
similar function.
[Added 6-28-2018 by Ord.
No. 18-13]
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, ILCS Ch. 220, § 21-201(v).
The Village of Coal City.
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.
[Added 6-28-2018 by Ord. No. 18-13]
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including:
"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 person 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.
[Added 6-28-2018 by Ord.
No. 18-13]
A wireless infrastructure provider or a wireless service
provider.
[Added 6-28-2018 by Ord.
No. 18-13]
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, provided using wireless facilities.
[Added 6-28-2018 by Ord.
No. 18-13]
A person who provides wireless services.
[Added 6-28-2018 by Ord.
No. 18-13]
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.
[Added 6-28-2018 by Ord.
No. 18-13]
[1]
Editor's Note: This section was amended 7-27-2016 by Ord.
No. 16-16 to delete the following definitions: cable operator; coating;
frontage road; highway code; prompt; public entity; and sale of telecommunications
at retail.
[Amended 6-28-2018 by Ord. No. 18-13]
Every wireless provider or utility that occupies a right-of-way within the Village shall register on January 1 of each year with the Engineer, 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 its behalf in connection with emergencies involving the registrant's facilities in the right-of-way and a twenty-four-hour telephone number for each such person, and evidence of insurance as required in § 95-108 of this article, in the form of a certificate of insurance.
[Amended 6-28-2018 by Ord. No. 18-13]
A.
Permit required.
(1)
No
person shall construct (as defined in this article) any facility on,
over, above, along, upon, under, across, or within any Village right-of-way
which (1) changes the location of the facility, (2) adds a new facility,
(3) disrupts the right-of-way (as defined in this article), or (4)
materially increases the amount of area or space occupied by the facility
on, over, above, along, under, across or within the right-of-way,
without first filing an application with the Village Engineer and
obtaining a permit from the Village therefor, except as otherwise
provided in this article. No permit shall be required for installation
and maintenance of service connections to customers' premises
where there will be no disruption of the right-of-way.
(2)
No
application, approval, or permit shall be required for routine maintenance,
the replacement of small wireless facilities that are substantially
similar, the same size or smaller, if the wireless provider notifies
the Village at least 10 days prior to the planned replacement, or
the installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are suspended on cables strung between
existing utility poles in compliance with applicable safety codes.
The Village may require a permit to work within the right-of-way for
activities that affect traffic patterns or that require lane closures.
B.
Permit application. All applications for permits pursuant to this
article 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.
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. The application for a small wireless facility,
along with supporting information and notices, must be submitted to
the Village Engineer.
C.
Minimum general application requirements. The application shall be
made by the wireless provider or utility or the duly authorized representative
and shall contain, at a minimum, the following:
(1)
The applicant's name and address and telephone and telecopy
numbers;
(2)
The applicant's name and address, if different than the wireless
provider or 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)
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;
(5)
Evidence that the wireless provider or 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 unless the Village
finds that additional information or assurances are needed;
(6)
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;
(10)
Such additional information as may be reasonably required by
the Village.
D.
Supplemental application requirements for specific types of facilities. In addition to the requirements of Subsection C of this section, the permit application shall include the following items, as applicable to the specific facility that is the subject of the permit application:
(1)
In the case of the installation of a new electric power, communications,
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 water lines, 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, or other local or state
entities with jurisdiction, 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.
(6)
Applications for small wireless facilities must also include the
following:
(a)
Drawings and site plans for each proposed small wireless facility
covered by the application;
(b)
The location where each proposed small wireless facility or
utility pole will be installed and photographs of the location and
its immediate surroundings;
(c)
A site specific structural analysis and engineering drawing
for each proposed small wireless facility covered by the application,
prepared and stamped by a professional engineer, which demonstrates
the utility pole or municipally owned infrastructure is safely capable
of supporting the small wireless facility in all reasonably foreseeable
weather conditions without creating a risk to public health and safety.
The structural analysis will also describe the method by which the
facility is designed to fail and demonstrate that any structural failure
to the facility shall not cause harm to any residential structure;
(d)
The equipment type and model numbers for the antennas and all
other wireless equipment associated with the small wireless facility;
(e)
A proposed schedule for the installation and completion of each
small wireless facility covered by the application;
(g)
Applications must include the screening and stealth concealment
methods used for each proposed small wireless facility covered by
the application.
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 applicant 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 or as otherwise specifically provided for in § 95-104G or H for small wireless facilities, applications for permits pursuant to this article shall be accompanied by a fee in the amount of $200. 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 Law (35 ILCS 645/15, et seq.).
G.
Application fees for small wireless facilities. All applications
for the collocation of a single small wireless facility on an existing
utility pole or wireless support structure shall be accompanied by
a fee in the amount of $650. All applications for the collocation
of more than one small wireless facility on an existing utility pole
or wireless support structure shall be accompanied by a fee in the
amount of $350 for each small wireless facility addressed in said
application. An application for the installation of a small wireless
facility that will require a new utility pole must be accompanied
by a fee in the amount of $1,000.
H.
Consolidated applications for small wireless facilities. Applications
for small wireless facilities may be submitted on a consolidated basis,
provided that they involve the same type of small wireless facility
and the same type of structure. The Village may, at its discretion,
remove small wireless facility collocations from the consolidated
application and treat them separately for purposes of deeming the
application incomplete or denied.
[Amended 6-28-2018 by Ord. No. 18-13]
A.
Application deadlines for small wireless facilities.
(1)
Applications are deemed complete if the Village does not notify the
applicant otherwise within 30 days of receipt of the application.
(2)
If the application to collocate a small wireless facility is to be
placed on an existing utility pole, the Village will notify the applicant
of its approval or denial within 90 days. If the Village fails to
notify the applicant within that timeframe, the application will be
deemed approved. If the application to collocate a small wireless
facility requires the installation of a new utility pole, the Village
will notify the applicant of its approval or denial within 120 days.
If the Village fails to notify the applicant within that timeframe,
the application will be deemed approved.
B.
Village review of permit applications.
(1)
Completed permit applications, containing all required documentation,
shall be examined by the Village Engineer on a nondiscriminatory basis.
If the application does not conform to the requirements of applicable
ordinances, codes, laws, rules, or regulations that concern public
safety, the Village Engineer shall notify the applicant of the basis
for a denial, including specific code provisions upon which the denial
was based. The applicant may cure the deficiencies and resubmit a
revised application without paying additional application fees.
(2)
When reviewing applications for small wireless facilities, the Village
will approve or deny the revised application within 30 days after
the applicant resubmits the application or it will be deemed approved.
If the Village Engineer is satisfied that the proposed work conforms
to the requirements of this article and applicable ordinances, codes,
laws, rules, and regulations, the Village Engineer shall issue a permit.
In all instances, it shall be the duty of the applicant to demonstrate,
to the satisfaction of the Village Engineer, that the construction
proposed under the application shall be in full compliance with the
requirements any article.
C.
Additional Village review of applications of telecommunications retailers.
(1)
Pursuant to Section 4 of the Telephone Company Act, ILCS Ch. 220,
Act 65, § 4, a telecommunications retailer shall notify
the Village that it intends to commence work governed by this article
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 Village Engineer shall specify the
portion of the right-of-way upon which the facility may be placed,
used and constructed.
(2)
In the event that the Village Engineer 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.
(3)
Upon the provision of such specification by the Village, where a permit is required for work pursuant to § 95-104 of this article 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 Subsection A of this section.
D.
Additional Village review of applications of holders of state authorization
under the Cable and Video Competition Law of 2007. 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.
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 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 to a utility 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. Collocation
of small wireless facilities must be completed within 180 days after
the issuance of the permit. If collocation is not complete, the permit
will be void. Permits for small wireless facilities are valid for
five years from the time of issuance.
[Amended 6-28-2018 by Ord. No. 18-13]
C.
Preconstruction meeting required. No construction shall begin pursuant
to a permit issued under this article 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 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.
[Amended 6-28-2018 by Ord. No. 18-13]
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.
[Amended 6-28-2018 by Ord. No. 18-13]
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, it shall be treated as a request for variance in accordance with § 95-123. If the Village denies the request for a variance, 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.
[Added 6-28-2018 by Ord.
No. 18-13[1]]
The Village shall charge an annual recurring rate for the collocation
of small wireless facilities on municipally owned infrastructure located
in its right-of-way equal to either $200 per utility pole, or the
actual, direct, and reasonable costs related to the wireless provider's
use of space on the Village utility pole, whichever is greater. If
the Village elects to charge the actual, direct, and reasonable costs
related to the wireless provider's use of space on the municipally
owned infrastructure, it shall adopt a fee schedule on an annual basis.
A.
Required coverages and limits. Unless otherwise provided by franchise, license, or similar agreement, each wireless provider or utility occupying a 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 Subsection A(1) below:
[Amended 6-28-2018 by Ord. No. 18-13]
(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)
Worker's compensation within statutory limits; and
(3)
Property insurance for replacement costs against all risks.
|
If the wireless provider or 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.
|
B.
Excess or umbrella policies. The coverages required by this section
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 wireless provider or utility shall provide copies
of any of the policies required by this section to the Village within
10 days following receipt of a written request therefor from the Village.
[Amended 6-28-2018 by Ord. No. 18-13]
D.
Maintenance and renewal of required coverages.
(1)
The insurance policies required by this section 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
President of such intent to cancel or not to renew."
|
(2)
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.
E.
Self-insurance. A wireless provider or utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection A of this section. A wireless provider or 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 Subsection A, or the requirements of Subsections B, C and D of this section. A wireless provider or 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 Subsection A of this section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act.
[Amended 6-28-2018 by Ord. No. 18-13]
F.
Effect of insurance and self-insurance on wireless provider or utility's
liability. The legal liability of the wireless provider or 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 shall not be limited by such insurance policies or self-insurance
or by the recovery of any amounts thereunder.
[Amended 6-28-2018 by Ord. No. 18-13]
G.
Insurance companies. All insurance provided pursuant to this section
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 6-28-2018 by Ord. No. 18-13]
By occupying or constructing facilities in the right-of-way,
a wireless provider or 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 attorney's 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,
and in providing or offering service over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
article or by a franchise, license, or similar agreement; provided,
however, that the wireless provider or 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 by the Village, its officials,
officers, employees, agents or representatives.
A.
Purpose. The permittee shall establish a security fund in a form
and in the amount set forth in this section. The security fund shall
be continuously maintained in accordance with this section 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)
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; and
(3)
The payment by 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 permittee in violation of this article, including,
without limitation, any damage to public property or restoration work
the permittee is required by this article 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 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 shall, at a minimum:
(1)
Provide that it will not be canceled without prior notice to the
Village and the permittee;
(2)
Not require the consent of the permittee prior to the collection
by the Village of any amounts covered by it; and
(3)
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 Village Engineer, 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 subsection 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, 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 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 Subsection C of this section.
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 in Subsection C of this section.
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 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 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 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;
(3)
Permittee's physical presence or presence of 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; or
(4)
Permittee's failure to construct the facilities substantially
in accordance with the permit and approved plans.
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 stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this § 95-112.
[Amended 6-28-2018 by Ord. No. 18-13]
C.
Permittee alternatives upon receipt of notice of revocation or suspension.
(1)
Upon receipt of a written notice of revocation or suspension from
the Village, the permittee shall have the following options:
(a)
Immediately provide the Village with evidence that no cause
exists for the revocation or suspension;
(b)
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
(c)
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.
(2)
The Village may, in its discretion, for good cause shown, extend
the time periods provided in this section.
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 Subsection A of this section.
E.
Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of Subsection C of this section, 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 right-of-way 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, with respect to the work and facilities in the right-of-way.
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 right-of-way.
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,
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)
Current Illinois Supplement to the National Manual on Uniform Traffic
Control Devices;
[Amended 7-27-2016 by Ord. No. 16-16]
(7)
Flagger's Handbook; and
(8)
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, 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.
Public safety.
[Added 6-28-2018 by Ord.
No. 18-13[1]]
(1)
The placement of any antenna, wireless facility or small wireless
facilities located in the Village right-of-way may not interfere with
the frequencies used by public safety agencies for public safety communications.
Unacceptable interference will be determined in accordance with industry
standards and the Federal Communications Commission's regulations
addressing unacceptable interference to public safety spectrum. If
an antenna, wireless facility or small wireless facility causes such
interference, the owner must take all steps necessary to correct and
eliminate the interference at its own costs. The Village may terminate
a permit for any antenna, wireless facility or small wireless facility
based on such interference if the interference is not corrected.
(2)
The Village may reserve space on its utility pole for future public
safety uses (or for the Village's electric utility uses). This
reservation of space may preclude the collocation of a small wireless
facility where the Village determines that the utility pole cannot
accommodate both uses.
B.
Minimum requirements. The Village's minimum requirements for
traffic protection are contained in IDOT's Illinois Manual on
Uniform Traffic Control Devices and this Code.
C.
Warning signs, protective devices, and flaggers. The wireless provider
or 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 workers when performing any work on the rights-of-way.
[Amended 6-28-2018 by Ord. No. 18-13]
D.
Interference with traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
E.
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 wireless provider or 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 § 95-120 of this article, the wireless provider or utility shall provide such notice as is practicable under the circumstances.
[Amended 6-28-2018 by Ord. No. 18-13]
F.
Compliance. The wireless provider or utility shall take immediate
action to correct any deficiencies in traffic protection requirements
that are brought to its attention by the Village.
[Amended 6-28-2018 by Ord. No. 18-13]
A.
General requirements. In addition to location requirements applicable
to specific types of facilities, all facilities, regardless of type,
shall be subject to the general location requirements of this subsection.
[Amended 6-28-2018 by Ord. No. 18-13]
(1)
No interference with Village facilities. No utility facilities shall
be placed in any location if the Village Engineer 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.
(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)
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.
(6)
The Village is not required to install or maintain any specific utility
pole or to continue to install or maintain utility poles in any location
if it makes a nondiscriminatory decision to eliminate aboveground
utility poles of a particular type. For Village utility poles with
collocated small wireless facilities in place when the Village makes
a decision to eliminate aboveground utility poles, the Village will,
at its discretion, either maintain the utility pole or install and
maintain an alternative utility pole for the collocation of the small
wireless facility, or offer to sell the utility pole to the wireless
provider.
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;
(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 a 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 (such as 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 90° 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
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 (1989)].
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.
E.
Freestanding facilities.
[Amended 6-28-2018 by Ord. No. 18-13]
(1)
Small wireless facilities.
(a)
The Village may not require the placement of a small wireless
facility on a specific utility pole or category of poles. However,
should the application necessitate the installation of a new utility
pole, the Village may propose that the small wireless facility be
collocated on an existing utility pole or existing support structure
within 100 feet of the proposed collocation. Should the applicant
reject the proposed relocated collocation, it must provide a written
certification describing the property rights, technical limits or
material cost reasons the alternative location will not satisfy the
wireless provider's needs. The Village may require any monopole,
utility pole or other freestanding facility located within a right-of-way
to be screened from view in compliance with the appearance standards
described below.
(b)
If all existing monopoles, utility poles and other aboveground
facilities are located on one side of the right-of-way, all new monopoles,
utility poles and other freestanding facilities shall be located on
the same side of the right-of-way as the existing aboveground facilities.
If there exist aboveground facilities on both sides, new freestanding
facilities shall be located on the side where the aboveground facilities
most closely match the scale of the new freestanding facility.
(2)
Other facilities.
(a)
The Village may restrict the location and size of any monopole,
utility pole or other freestanding facility located within a right-of-way.
No freestanding facility located within a right-of-way may be constructed
or modified so that the height of the freestanding facility is higher
by more than 10 feet or more than 10%, whichever is greater, than
any other existing, freestanding facility located within the right-of-way
within 300 feet of the proposed facility, measured along the center
line of the respective right-of-way. Where there are no other freestanding
facilities located within 300 feet of the proposed facility, the maximum
height of the freestanding facility shall be 45 feet.
(b)
The Village may require any monopole, utility pole or other
freestanding facility located within a right-of-way to be screened
from view.
(c)
If all existing monopoles, utility poles and other aboveground
facilities are located on one side of the right-of-way, all new monopoles,
utility poles and other freestanding facilities shall be located on
the same side of the right-of-way as the existing aboveground facilities.
If there exist abovegound facilities on both sides, new freestanding
facilities shall be located on the side where the aboveground facilities
most closely match the scale of the new freestanding facility.
(3)
Height restrictions for small wireless facilities. Small wireless
facilities are limited to a maximum height of 10 feet above the utility
pole or wireless structure on which it is collocated. The height limit
of a new or replacement utility pole or wireless support structure
on which small wireless facilities are collocated is limited to the
higher of: i) 10 feet higher than the tallest existing utility pole
within 300 feet of the new or replacement utility pole or wireless
support structure that is in the same right-of-way; or ii) 45 feet
above ground level. The Village shall designate which intersecting
right-of-way within 300 feet of the proposed utility pole or wireless
support structure shall control the height limitation.
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 municipally owned
infrastructure shall be used wherever practicable; the installation
of additional utility poles or monopoles is strongly discouraged.
[Amended 6-28-2018 by Ord. No. 18-13]
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.
[Added 6-28-2018 by Ord.
No. 18-13[1]]
A.
Residential design standards.
(1)
Purpose: to ensure visually acceptable facility design and to provide
discretion on required and preferred design of small wireless facilities.
(2)
Applicability. These design standards shall apply to each facility
located in a district zoned for residential uses:
(a)
Applicants must use architectural treatments and stealth techniques
to reduce potential visual impacts from all small wireless facilities.
(b)
All new utility poles installed for the purpose of mounting
a facility must be stealth or camouflaged to blend into the surrounding
environment. Examples of stealth or camouflage designs are presented
in Figure 1 below.
(c)
Small wireless facilities and all ancillary equipment associated
with the facility must not emit sound.
(d)
Cables must be routed directly from the ground through the pole,
and equipment enclosures must completely enclose or hide cabling.
No exposed cable is allowed.
(e)
No flashing lights or unnecessary, nonessential stickers are
allowed to be placed on any facility. Stickers must be designed in
the same color as the pole to which they are attached.
(f)
In no case shall equipment block the sidewalk or pedestrian
pathway. All installations must maintain accessibility requirements
and standards.
(g)
All newly installed equipment must be painted with graffiti-resistant
paint to match pole color and surroundings.
(h)
Colors and materials for small wireless facilities shall be
chosen to minimize the visibility of the facility.
(i)
Antennas attached to existing poles or municipally owned infrastructure
shall be painted and textured to match the existing structure.
(j)
Any ground-mounted facility shall be painted with nonreflective
matte finish paint using color shades that are comparable to or blend
with surrounding natural elements, such as soil, trees, or grasslands.
Any ground-mounted facility shall be screened from the yard of the
property in front of which it is located using year-round landscaping
materials. The owner of the ground-mounted facility shall guarantee
the landscaping materials for a period of one year from planting.
(k)
All disturbed pavement and landscaping shall be replaced and
areas of bare or disturbed soils must be revegetated. If replacement
landscape is determined to be infeasible, the Village may accept mitigation
funds to use elsewhere. The owner of the ground-mounted facility shall
guarantee the restoration work or reseeding for a period of one year.
(l)
No facility may display any signage or advertisements unless
expressly allowed by the Village in a written approval, recommended
under FCC regulations or required by law or permit condition. Every
facility shall at all times display signage that accurately identifies
the facility owner and provides the facility owner's unique site
number, and also provides a local or toll-free telephone number to
contact the facility owner's operations center. All required
or permitted signage must face toward the street or otherwise be placed
to minimize visibility from adjacent sidewalks and structures.
|
Figure 1. Sample Stealth Designs for Small Cell Utility Poles:
 |
 |
B.
Design standards in special aesthetic/economic purpose zones.
(1)
Purpose: to protect and promote the Village's unique character
in a manner consistent with state and federal laws and regulations.
(2)
Applicability. These design standards shall apply to a) each area,
district, neighborhood or zone expressly designated in the Village's
Comprehensive Plan as having special aesthetic or economic impacts
on the welfare of the community; and b) each redevelopment area designed
under the Tax Increment Allocation Redevelopment Act or the Business
District Development and Redevelopment Act:
(a)
Siting of small wireless facilities in special aesthetic/economic
purpose zones must respect the existing character or design ordinance
of established zone.
(b)
Applicants must include proposed stealth and concealment measures
in their applications.
(c)
Effective camouflage so as to disguise the facility so that
it appears to be something other than a facility and is at the same
time compatible with its surroundings (for example, designed to look
like a tree).
(d)
Small wireless facilities must be designed so that the facilities'
silhouette, mass and color are masked in such a way as to be virtually
indistinguishable from their background.
(e)
Examples of stealth of camouflage designs are presented in Figure
1.
C.
Design standards in historic districts.
(1)
Purpose. To promote the educational, cultural, economic and general
welfare of the Village by identifying, preserving, protecting, enhancing
and encouraging the continued utilization and the rehabilitation of
such areas, properties, structures, sites and objects having a special
historical interest or value to the Village and its citizens.
(2)
Applicability. These design standards apply in any historic district
or on any historic landmark:
(a)
Districts, sites, buildings, structures or objects significant
in American history, architecture, archeology, engineering or culture,
that are listed, or are eligible for listing, in the National Register
of Historic Places are to be avoided, to the greatest extent possible.
Local landmarked buildings, properties, sites, or historic districts
that are so recognized by an ordinance that meets the requirements
of the certified Local Government Program of the Illinois State Historic
Preservation Office are also to be avoided, to the greatest extent
possible.
(b)
Applicants must include proposed stealth and concealment measures
in their applications.
(c)
The applicant must implement said Village-approved design concepts,
and the use of camouflage or stealth materials as necessary in order
to achieve compliance with historic preservation review.
(d)
Prior to submitting an application, where the applicant submits
an application to site facilities in an historic district, the applicant
must meet with the Village to discuss any potential design modifications
appropriate for the installation.
(e)
When siting a facility in an historic district, the wireless
provider must avoid removing, obscuring or altering any historic material
or significant architectural features. Rehabilitation and make-ready
work must not destroy the distinguishing character of the property
or its environment.
(f)
Deteriorated architectural features should be repaired rather
than replaced wherever possible by means such as rust removal, caulking,
limited paint removal and reapplication of paint.
D.
General design standards.
(1)
Applicability. These design standards apply to all small wireless
facilities:
(a)
All small wireless facilities not governed by the preceding
design standards must be placed so as to minimize visibility. The
small wireless facility, including all ancillary equipment and appurtenances,
must be a color that blends with the surroundings of the utility pole
or municipally owned infrastructure on which it is mounted and use
nonreflective materials which blend with the materials and colors
of the surrounding area and structures. Any wiring must be concealed
within the freestanding facility or covered with an appropriate cover.
(b)
The Village may discourage the installation of facilities in
particular locations in order to preserve visual quality.
(c)
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.
(d)
A facility may not be installed in a manner which defeats any
existing concealment elements of the utility pole or municipally owned
infrastructure to which it is attached.
(e)
Facilities under common ownership or operated on the same radio
frequency shall be separated as far as practicable.
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 Village Engineer 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 drip line
of any tree designated by the Village to be preserved or protected
shall be bored under or around the root system.
(2)
Trenching. Trenching for facility installation, repair, or maintenance
on rights-of-way shall be done in accord with the applicable portions
of Section 603 of IDOT's Standard Specifications for Road and
Bridge Construction.
(a)
Length. The length of open trench shall be kept to the practicable
minimum consistent with requirements for pipe-line testing. Only 1/2
of any intersection may have an open trench at any time unless special
permission is obtained from the Village Engineer.
(b)
Open trench and excavated material. Open trench and windrowed
excavated material shall be protected as required by Chapter 6 of
the Illinois Manual on Uniform Traffic Control Devices. Where practicable,
the excavated material shall be deposited between the roadway and
the trench as added protection. Excavated material shall not be allowed
to remain on the paved portion of the roadway. Where right-of-way
width does not allow for windrowing excavated material off the paved
portion of the roadway, excavated material shall be hauled to an off-road
location.
(c)
Drip line of trees. The utility shall not trench within the
drip line of any tree designated by the Village to be preserved.
(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 backfill
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 Engineer, 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 Engineer.
(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 variance to the limitation set forth in this subsection is permitted under § 95-121,[1] 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 Engineer.
(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.
(c)
All saw cuts shall be full depth.
(d)
For all rights-of-way which have been reconstructed with a concrete
surface/base in the last seven years, or resurfaced in the last three
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 J.U.L.I.E. 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 right-of-way 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.
(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 right-of-way.
(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
|
18 inches to 24 inches (0.6 m), as determined by Village
|
|
Gas or petroleum products
|
30 inches (0.8 m)
|
|
Water line
|
Sufficient cover to provide freeze protection
|
|
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 Ill. Adm. Code Part 305 (formerly
General Order 160 of the Illinois Commerce Commission) entitled "Rules
for Construction of Electric Power and Communications 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.
Variances may be allowed if there is no feasible alternative and if
guy wires are equipped with guy guards for maximum visibility.
(c)
Underground facilities.
[1]
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.
[2]
If a crossing is installed by boring or jacking, encasement
shall be provided between jacking or bore pits. Encasement may be
eliminated only if:
[3]
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 snowdrops, 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 snowdrops,
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)
Water lines, sanitary sewer lines, stormwater sewer lines or drainage
lines. Water lines, 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 right-of-way, 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 Engineer. With the approval
of the Engineer, shrubbery surrounding the appurtenance may be used
in place of a 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
Standards 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 Village
Engineer. 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 Engineer when emergency work
is required to restore vital utility services.
(3)
Unless otherwise permitted by the Village, the hours of construction
shall be from 7:00 a.m. to 7:00 p.m.
E.
Location of existing facilities. Any utility proposing to construct
facilities in the Village shall contact J.U.L.I.E. 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 permit 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 J.U.L.I.E., a utility
shall locate and physically mark its underground facilities within
48 hours, excluding weekends and holidays, in accordance with the
Illinois Underground Facilities Damage Prevention Act (ILCS Ch. 220,
§ 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 right-of-way 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 permit required. Tree trimming that
is done by any other utility with facilities in the right-of-way and
that is not performed pursuant to applicable Illinois laws and regulations
specifically governing same shall not be considered a normal maintenance
operation, but shall require the application for, and the issuance
of, a permit, in addition to any other permit required under this
article.
(1)
Application for tree trimming permit. Applications for tree trimming
permits shall include assurance that the work will be accomplished
by competent workers with supervision who are experienced in accepted
tree pruning practices. Tree trimming permits shall designate an expiration
date in the interest of assuring that the work will be expeditiously
accomplished.
(2)
Damage to trees. Poor pruning practices resulting in damaged or misshapen
trees will not be tolerated and shall be grounds for cancellation
of the tree trimming permit and 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.
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 the following subsection, 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 Engineer that such spraying is the only practicable method
of vegetation control.
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. Wireless
providers are required to provide the Village with written notice
of its intent to sell or transfer small wireless facilities. Such
notice must include the name and contact information of the new wireless
provider.
[Amended 6-28-2018 by Ord. No. 18-13]
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; 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 municipality 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.
[Amended 6-28-2018 by Ord. No. 18-13]
(1)
Small wireless facilities. As used in this section, a small wireless
facility that is not operated for a continuous period of 12 months
shall be considered abandoned. The owner of an abandoned small wireless
facility shall notify the Village within 90 days of it being abandoned
and the owner of that small wireless facility must remove the small
wireless facility within 90 days after sending such written notice
to the Village. The Village may direct the wireless provider to remove
all or any portion of the facility if the Village Engineer determines
that such removal will be in the best interest of the public health,
safety and welfare. If the small wireless facility is not removed
within 90 days of such notice, the Village may remove or cause the
removal of the facility pursuant to the terms of its pole attachment
agreement for Village utility poles or through whatever actions are
provided for abatement of nuisances or by other law for removal and
cost recovery.
(2)
Other utility facilities. As used in this section, a facility that
is not operated for a continuous period of 12 months shall be considered
abandoned. Upon abandonment of a facility within the rights-of-way
of the Village, the utility shall notify the Village within 90 days.
The owner of the abandoned facility must remove the facility within
90 days after sending such written notice to the Village. The Village
may direct the utility to remove all or any portion of the facility
if the Village Engineer determines that such removal will be in the
best interest of the public health, safety and welfare. If the facility
is not removed within 90 days of such notice, the Village may remove
or cause the removal of the facility pursuant to the terms of its
pole attachment agreement for Village utility poles or through whatever
actions are provided for abatement of nuisances or by other law for
removal and cost recovery.
The utility shall remove all excess material and restore all
turf and terrain and other property within 10 days after any portion
of the rights-of-way are disturbed, damaged or destroyed due to construction
or maintenance by the utility, all 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 Village Engineer. Such clean-up and repair may be required
to consist of backfilling, regrading, reseeding, resodding, or any
other requirement to restore the right-of-way to a condition substantially
equivalent to that which existed prior to the commencement of the
project. The time period provided in this section may be extended
by the Village Engineer for good cause shown.
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
Village Engineer 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.
A.
Request for variance. A utility requesting a variance from one or
more of the provisions of this article must do so in writing to the
Village Engineer as a part of the permit application. The request
shall identify each provision of this article from which a variance
is requested and the reasons why a variance should be granted.
B.
Authority to grant variances. The Village Engineer shall decide whether
a variance is authorized for each provision of this article identified
in the variance request on an individual basis.
C.
Conditions for granting of variance. The Village Engineer may authorize
a variance only if the utility requesting the variance 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 with the provision from which a variance is requested
are impracticable in relation to the requested approach.
D.
Additional conditions for granting of a variance. As a condition
for authorizing a variance, the Village Engineer may require the utility
requesting the variance to meet reasonable standards and conditions
that may or may not be expressly contained within this article but
which carry out the purposes of this article.
E.
Right to appeal. Any utility aggrieved by any order, requirement,
decision or determination, including denial of a variance, made by
the Village Engineer under the provisions of this article 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 Village Board shall timely decide the appeal.
Nothing in this article shall be construed as limiting any additional
or further remedies that the Village may have for enforcement of this
article.
