[Adopted 1-22-2008 by FMC-420 (Ch. 11, Art. VII, of the 1964 Code)]
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 utility facilities,
including without limitation:
(1)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and
other conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with the facilities and operations of the
Village's utilities and of other utilities lawfully located in rights-of-way
or public property;
(4)
Protect against environmental damage, including damage to trees,
from the installation of utility facilities;
(5)
Protect against increased stormwater runoff due to structures
and materials that increase impermeable surfaces;
(6)
Preserve the character of the neighborhoods in which facilities
are installed;
(7)
Preserve open space, particularly the tree-lined parkways that
characterize the Village's residential neighborhoods;
(8)
Prevent visual blight from the proliferation of facilities in
the rights-of-way; and
(9)
Assure the continued safe use and enjoyment of private properties
adjacent to utility facilities locations.
C.
Facilities subject to this article. This article 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 utility as presently constructed and
located, except as may be otherwise provided in any applicable franchise,
license or similar agreement.
D.
Franchises, licenses, or similar agreements. The Village, in its
discretion and as limited by law, may require utilities to enter into
a franchise, license or similar agreement for the privilege of locating
their facilities on, over, above, along, upon, under, across, or within
the Village rights-of-way. Utilities that are not required by law
to enter into such an agreement may request that the Village enter
into such an agreement. In such an agreement, the Village may provide
for terms and conditions inconsistent with this article.
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 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.
As used in this article and unless the context clearly requires
otherwise, the words and terms listed shall have the meanings ascribed
to them in this section. Any term not defined in this section shall
have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30,
unless the context clearly requires otherwise.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
A person applying for a permit under this article.
American Society for Testing and Materials.
The methods or materials for replacing excavated material
in a trench or pit.
To excavate an underground cylindrical cavity for the insertion
of a pipe or electrical conductor.
That term as defined in 47 U.S.C. § 522(5).
That term as defined in 47 U.S.C. § 522(6).
That term as defined in 47 U.S.C. § 522(7).
The pipe enclosing the liquid, gas or slurry to be transported.
A structural protective enclosure for transmittal devices,
such as carrier pipes, electrical conductors, and fiber optic devices.
The total roadside border area, starting at the edge of the
pavement, available for safe use by errant vehicles. This area may
consist of a shoulder, a recoverable slope, a nonrecoverable slope,
and a clear run-out area. The desired width is dependent upon the
traffic volumes and speeds, and on the roadside geometry. Distances
are specified in the AASHTO Roadside Design Guide.
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
The Municipal Code of the Village of Flossmoor.
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.
The Village Director of Public Works or his or her designee.
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 Consulting 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, 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.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access to a highway.
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the Village Director of Public Works to pose an unreasonable and imminent
risk to the life, health or safety of persons or property or to the
ecological balance of the environment, including, but not limited
to, explosives, radioactive materials, petroleum or petroleum products
or gases, poisons, etiology (biological) agents, flammables, corrosives
or any substance determined to be hazardous or toxic under any federal
or state law, statute or regulation.
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
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 person or entity that has received authorization to offer
or provide cable or video service from the ICC pursuant to the Illinois
Cable and Video Competition Law, 220 ILCS 5/21-401.
Illinois Department of Transportation.
Illinois Commerce Commission.
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
The use of pole lines, trenches or other facilities by two
or more utilities.
The Joint Utility Locating Information for Excavators utility
notification program.
The intersection of two or more major arterial highways.
The presence of facilities on, over or under 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.
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).
Pipelines carrying crude or refined liquid petroleum products,
including, but not limited to, gasoline, distillates, propane, butane,
or coal-slurry.
That which is done within a period of time specified by the
Village. If no time period is specified, the period shall be 30 days.
A legal entity that constitutes or is part of the government,
whether at local, state or federal level.
The repair of a right-of-way, highway, roadway, or other
area disrupted by the construction of a facility.
Any street, alley, other land or waterway, dedicated or commonly
used for 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.
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for their use or consumption
and not for sale.
That amount of security required pursuant to § 245-5-10.
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 2-17-2020 by FMC-2020-2]
A wireless facility that meets both of these 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.
These 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, cutoff 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.
"Private line" means a dedicated nontraffic-sensitive service for
a single customer that entitles the customer to exclusive or priority
use of a communications channel, or a group of such channels, from
one or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value-added services in which
computer processing applications are used to act on the form, content,
code and protocol of the information for purposes other than transmission.
"Telecommunications" shall not include purchase of telecommunications
by a telecommunications service provider for use as a component part
of the service provided by such provider to the ultimate retail consumer
who originates or terminates the end-to-end communications. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
§ 521 et seq.), as now or hereafter amended, or cable or
other programming services subject to an open video system fee payable
to the Village through an open video system as defined in the rules
of the Federal Communications Commission (47 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.
Includes every person engaged in making sales of telecommunications
at retail as defined herein.
A relatively narrow open excavation for the installation
of an underground facility.
The individual or entity owning or operating any facility
as defined in this article.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
That term as defined in Section 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 ILCS 21-201(v).
The Village of Flossmoor.
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.
Every utility that occupies a right-of-way within the Village shall register on January 1 of each year with the Director of Public Works, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a twenty-four-hour telephone number for each such person, and evidence of insurance as required in § 245-5-8 of this article in the form of a certificate of insurance.
A.
Permit required. 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
Director of Public Works 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.
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.
C.
Minimum general application requirements. The application shall be
made by the utility or its duly authorized representative and shall
contain, at a minimum, the following:
(1)
The utility's name and address and telephone and telecopy numbers;
(2)
The applicant's name and address, if different than the utility,
its telephone, 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 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 utilities. In addition to the requirements of Subsection C of this section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
(1)
In the case of the installation of a new electric power, communications,
telecommunications, cable television service, video service or natural
gas distribution system, evidence that any certificate of public convenience
and necessity or other regulatory authorization that the applicant
is required by law to obtain, or that the applicant has elected to
obtain, has been issued by the ICC or other jurisdictional authority;
(2)
In the case of natural gas systems, state the proposed pipe
size, design, construction class, and operating pressures;
(3)
In the case of 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, and the Metropolitan
Water Reclamation District and 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.
E.
Applicant's duty to update information. Throughout the entire permit
application review period and the construction period authorized by
the permit, any amendments to information contained in a permit application
shall be submitted by the utility, in writing, to the Village within
30 days after the change necessitating the amendment.
F.
Application fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this article shall be accompanied by a fee in the amount established in Chapter 150, Fees, Fines and Charges, Article 8, of this Code. 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 (645 ILCS 5/1 et seq.).
A.
Village review of permit applications. Completed permit applications,
containing all required documentation, shall be examined by the Village
Director of Public Works within a reasonable time after filing. If
the application does not conform to the requirements of applicable
ordinances, codes, laws, rules, and regulations, the Village Director
of Public Works shall reject such application in writing, stating
the reasons therefor. If the Village Director of Public Works is satisfied
that the proposed work conforms to the requirements of this article
and applicable ordinances, codes, laws, rules, and regulations, the
Village Director of Public Works shall issue a permit therefor as
soon as practicable. In all instances, it shall be the duty of the
applicant to demonstrate, to the satisfaction of the Village Director
of Public Works, that the construction proposed under the application
shall be in full compliance with the requirements of this article.
B.
Additional Village review of applications of telecommunications retailers.
(1)
Pursuant to Section 4 of the Telephone Company Act, 220 ILCS
65/4, a telecommunications retailer shall notify the Village that
it intends to commence work governed by this article 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 Director of Public Works 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 Director of Public Works fails
to provide such specification of location to the telecommunications
retailer within either 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 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 § 245-5-4 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.
C.
Additional Village review of applications of holders of state authorization
under the cable and video competition law of 2007 (220 ILCS 5/21-100
et seq.). 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 under this article 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.
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 utility facilities in the area and their
locations, procedures to avoid disruption of other utilities, use
of rights-of-way by the public during construction, and access and
egress by adjacent property owners.
D.
Compliance with all laws required. The issuance of a permit by the
Village does not excuse the permittee from complying with other requirements
of the Village and applicable statutes, laws, ordinances, rules, and
regulations.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this article, it shall be treated as a request for variance in accordance with § 245-5-21 of this article. 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.
A.
Required coverages and limits.
(1)
Unless otherwise provided by franchise, license, or similar agreement, each utility occupying 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)(a) and (b) below:
(a)
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:
(b)
Automobile liability for owned, nonowned and hired vehicles
with a combined single limit of $1,000,000 for personal injury and
property damage for each accident;
(c)
Worker's compensation with statutory limits; and
(d)
Employer's liability insurance with limits of not less than
$1,000,000 per employee and per accident.
(2)
If the utility is not providing such insurance to protect the
contractors and subcontractors performing the work, then such contractors
and subcontractors shall comply with this section.
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 utility shall provide copies of any of the policies
required by this section to the Village with their permit application.
D.
Maintenance and renewal of required coverages.
(1)
The insurance policies required by this section shall contain
the following endorsement:
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"It is hereby understood and agreed that this policy may not
be canceled nor the intention not to renew be stated until 30 days
after receipt by the Village, by registered mail or certified mail,
return receipt requested, of a written notice addressed to the Village
Manager of such intent to cancel or not to renew."
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(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 utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection A of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection A, or the requirements of Subsections B, C and D of this section. A utility that elects to self-insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection A of this section, such as evidence that the utility is a private self insurer under the Workers Compensation Act.
F.
Effect of insurance and self-insurance on utility's liability. The
legal liability of the utility to the Village and any person for any
of the matters that are the subject of the insurance policies or self-insurance
required by this section shall not be limited by such insurance policies
or self-insurance or by the recovery of any amounts thereunder.
G.
Insurance companies. All insurance provided pursuant to this section
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.
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
Village and its elected and appointed officials and officers, employees,
agents and representatives harmless from and against any and all injuries,
claims, demands, judgments, damages, losses and expenses, including
reasonable attorneys' fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the utility or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction of facilities or occupancy of
the rights-of-way, 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 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 an amount as 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 subsection 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)
Shall provide a location convenient to the Village and within
the State of Illinois at which it can be drawn.
C.
Amount. The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Village Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Village Director of Public Works 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 C for any single phase.
D.
Withdrawals. The Village, upon 14 days' advance written notice clearly
stating the reason for, and its intention to exercise withdrawal rights
under this subsection, 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 § 245-5-11.
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 subsection.
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)
Illinois Manual on Uniform Traffic Control Devices (92 Ill.
Adm. Code § 545);
(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.
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.
B.
Warning signs, protective devices, and flaggers. The utility is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary, meeting applicable federal, state, and local
requirements for protection of the public and the utility's workers
when performing any work on the rights-of-way.
C.
Interference with traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
D.
Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to § 245-5-20 of this article, the utility shall provide such notice as is practicable under the circumstances.
E.
Compliance. The utility shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the utility's attention by the Village.
A.
General requirements. In addition to location requirements applicable
to specific types of utility facilities, all utility facilities, regardless
of type, shall be subject to the general location requirements of
this subsection.
(1)
No interference with Village facilities. No utility facilities
shall be placed in any location if the Village Director of Public
Works determines that the proposed location will require the relocation
or displacement of any of the Village's utility facilities or will
otherwise interfere with the operation or maintenance of any of the
Village's utility facilities.
(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.
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 minimum distance of four feet (1.2 m) outside
the outer shoulder line of the roadway and are not within the clear
zone;
(d)
No pole is located in the ditch line of a highway; and
(e)
Any ground-mounted appurtenance is located within one foot (0.3
m) of the right-of-way line or as near as possible to the right-of-way
line.
(2)
Underground parallel facilities. An underground parallel facility
may be located within the right-of-way lines of a highway only if:
(a)
The facility is located as near the right-of-way line as practicable
and not more than eight feet (2.4 m) from and parallel to the right-of-way
line;
(b)
A new facility may be located under the paved portion of a highway
only if other locations are impracticable or inconsistent with sound
engineering judgment (e.g., a new cable may be installed in existing
conduit without disrupting the pavement); and
(c)
In the case of an underground power or communications line,
the facility shall be located as near the right-of-way line as practicable
and not more than five feet (1.5 m) from the right-of-way line and
any aboveground appurtenance shall be located within one foot (0.3
m) of the right-of-way line or as near as practicable.
C.
Facilities crossing highways.
(1)
No future disruption. The construction and design of crossing
facilities installed between the ditch lines or curblines of Village
highways may require the incorporation of materials and protections
(such as encasement or additional cover) to avoid settlement or future
repairs to the roadbed resulting from the installation of such crossing
facilities.
(2)
Cattle passes, culverts, or drainage facilities. Crossing facilities
shall not be located in cattle passes, culverts, or drainage facilities.
(3)
Ninety-degree crossing required. Crossing facilities shall cross
at or as near to a 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's
rules entitled, "Construction of Electric Power and Communication
Lines" (83 Ill. Adm. Code 305);
(b)
Poles are located within one foot (0.3 m) of the right-of-way
line of the highway and outside of the clear zone; and
(c)
Overhead crossings at major intersections are avoided.
(5)
Underground power or communication facility. An underground
power or communication facility may cross a highway only if:
(6)
Markers. The Village may require the utility to provide a marker
at each right-of-way line where an underground facility other than
a power or communication facility crosses a highway. Each marker shall
identify the type of facility, the utility, and an emergency phone
number. Markers may also be eliminated as provided in current federal
regulations [49 CFR § 192.707 (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.
F.
Facilities installed above ground. Aboveground facilities may be
installed only if:
(1)
No other existing facilities in the area are located underground;
(2)
New underground installation is not technically feasible; and
(3)
The proposed installation will be made at a location, and will
employ suitable design and materials, to provide the greatest protection
of aesthetic qualities of the area being traversed without adversely
affecting safety. Suitable designs include, but are not limited to,
self-supporting armless, single-pole construction with vertical configuration
of conductors and cable. Existing utility poles and light standards
shall be used wherever practicable; the installation of additional
utility poles is strongly discouraged.
G.
Facility attachments to bridges or roadway structures.
(1)
Facilities may be installed as attachments to bridges or roadway
structures only where the utility has demonstrated that all other
means of accommodating the facility are not practicable. Other means
shall include, but are not limited to, underground, underwater, independent
poles, cable supports and tower supports, all of which are completely
separated from the bridge or roadway structure. Facilities transmitting
commodities that are volatile, flammable, corrosive, or energized,
especially those under significant pressure or potential, present
high degrees of risk and such installations are not permitted.
(2)
A utility shall include in its request to accommodate a facility
installation on a bridge or roadway structure supporting data demonstrating
the impracticability of alternate routing. Approval or disapproval
of an application for facility attachment to a bridge or roadway structure
will be based upon the following considerations:
(a)
The type, volume, pressure or voltage of the commodity to be
transmitted and an evaluation of the resulting risk to persons and
property in the event of damage to or failure of the facility;
(b)
The type, length, value, and relative importance of the highway
structure in the transportation system;
(c)
The alternative routings available to the utility and their
comparative practicability;
(d)
The proposed method of attachment;
(e)
The ability of the structure to bear the increased load of the
proposed facility;
(f)
The degree of interference with bridge maintenance and painting;
(g)
The effect on the visual quality of the structure; and
(h)
The public benefit expected from the utility service as compared
to the risk involved.
H.
Appearance standards.
(1)
The Village may prohibit the installation of facilities in particular
locations in order to preserve visual quality.
(2)
A facility may be constructed only if its construction does
not require extensive removal or alteration of trees or terrain features
visible to the right-of-way user or to adjacent residents and property
owners, and if it does not impair the aesthetic quality of the lands
being traversed.
I.
Small wireless facilities.
[Added 2-17-2020 by FMC-2020-2]
(1)
Application requirements for a permit to construct a small wireless facility are as set forth in § 245-5-4.
(2)
For an application for the location of a small wireless facility
with a new utility pole, the Village may propose that the small wireless
facility be co-located on an existing utility pole or existing wireless
support structure within 100 feet of the proposed co-location, which
the applicant shall accept if it has the right to use the alternate
structure on reasonable terms, and the alternate location and structure
does not impose technical limits or additional material costs as determined
by the applicant.
(3)
If the applicant refuses a co-location proposed by the Village, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this Subsection I.
(4)
The maximum height of a small wireless facility shall be no more
than 10 feet above the utility pole or wireless support structure
on which the small wireless facility is co-located.
(5)
New or replacement utility poles or wireless support structures on
which small wireless facilities are co-located may not exceed the
higher of:
(a)
Ten feet in height above the tallest existing utility pole, other
than a utility pole supporting only wireless facilities, that is in
place on the date the application is submitted to the Village, that
is within 300 feet of the new or replacement utility pole or wireless
support structure and that is in the same right-of-way within the
jurisdictional boundary of the Village, provided the Village may designate
which intersecting right-of-way within 300 feet of the proposed utility
pole or wireless support structures shall control the height limitation
for such facility; or
(b)
Forty-five feet above ground level.
(6)
If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for co-location, the applicant shall apply for a variance in conformance with procedures, terms and conditions set forth in § 285-26-7 of the Flossmoor Zoning Ordinance.
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 Director of Public Works from the edge of the pavement.
Pits for boring or jacking shall be excavated no more than 48 hours
in advance of boring or jacking operations and backfilled within 48
hours after boring or jacking operations are completed. While pits
are open, they shall be clearly marked and protected by barricades.
Shoring shall be designed, erected, supported, braced, and maintained
so that it will safely support all vertical and lateral loads that
may be imposed upon it during the boring or jacking operation.
(b)
Wet boring or jetting. Wet boring or jetting shall not be permitted
under the roadway.
(c)
Borings with diameters greater than six inches. Borings over
six inches (0.15 m) in diameter shall be accomplished with an auger
and following pipe, and the diameter of the auger shall not exceed
the outside diameter of the following pipe by more than one inch (25
mm).
(d)
Borings with diameters six inches or less. Borings of six inches
or less in diameter may be accomplished by either jacking, guided
with auger, or auger and following pipe method.
(e)
Tree preservation. Any facility located within the 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 Director of Public Works.
(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 Director of Public Works, the
utility, at its expense, shall remove any pavement and backfill material
to the top of the installed facility, place and properly compact new
backfill material, and restore new pavement, sidewalk, curbs, and
driveways to the proper grades, as determined by the Director of Public
Works.
(4)
Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this Subsection A(4) is permitted under § 245-5-21, the following requirements shall apply:
(a)
Any excavation under pavements shall be backfilled and compacted
as soon as practicable with granular material of CA-6 or CA-10 gradation,
as designated by the Director of Public Works.
(b)
Restoration of pavement, in kind, shall be accomplished as soon
as practicable, and temporary repair with bituminous mixture shall
be provided immediately. Any subsequent failure of either the temporary
repair or the restoration shall be rebuilt upon notification by the
Village.
(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 JULIE locate.
(5)
Encasement.
(a)
Casing pipe shall be designed to withstand the load of the highway
and any other superimposed loads. The casing shall be continuous either
by one-piece fabrication or by welding or jointed installation approved
by the Village.
(b)
The venting, if any, of any encasement shall extend within one
foot (0.3 m) of the 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 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 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)
Waterlines, 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 Director of Public
Works. With the approval of the Director of Public Works, shrubbery
surrounding the appurtenance may be used in place of vegetation-free
area. The housing for ground-mounted appurtenances shall be painted
a neutral color to blend with the surroundings.
C.
Materials.
(1)
General standards. The materials used in constructing facilities
within rights-of-way shall be those meeting the accepted standards
of the appropriate industry, the applicable portions of IDOT's "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
Director of Public Works. When such storage is permitted, all pipe,
conduit, wire, poles, cross arms, or other materials shall be distributed
along the right-of-way prior to and during installation in a manner
to minimize hazards to the public or an obstacle to right-of-way maintenance
or damage to the right-of-way and other property. If material is to
be stored on right-of-way, prior approval must be obtained from the
Village.
(3)
Hazardous materials. The plans submitted by the utility to the
Village shall identify any hazardous materials that may be involved
in the construction of the new facilities or removal of any existing
facilities.
D.
Operational restrictions.
(1)
Construction operations on rights-of-way may, at the discretion
of the Village, be required to be discontinued when such operations
would create hazards to traffic or the public health, safety, and
welfare. Such operations may also be required to be discontinued or
restricted when conditions are such that construction would result
in extensive damage to the right-of-way or other property.
(2)
These restrictions may be waived by the Director of Public Works
when emergency work is required to restore vital utility services.
(3)
Unless otherwise permitted by the Village, the hours of construction
are those set forth in the Building Code.
E.
Location of existing facilities. Any utility proposing to construct
facilities in the Village shall contact JULIE and ascertain the presence
and location of existing aboveground and underground facilities within
the rights-of-way to be occupied by its proposed facilities. The Village
will make its 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 JULIE, 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 (220 ILCS 50/1 et seq.)
A.
Electric utilities: compliance with state laws and regulations. An
electric utility shall conduct all tree-trimming and vegetation control
activities in the 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 Director of Public Works 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.
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. Upon abandonment of a facility within
the rights-of-way of the Village, the utility shall notify the Village
within 90 days. Following receipt of such notice, the Village may
direct the utility to remove all or any portion of the facility if
the Village Director of Public Works determines that such removal
will be in the best interest of the public health, safety and welfare.
In the event that the Village does not direct the utility that abandoned
the facility to remove it, by giving notice of abandonment to the
Village, the abandoning utility shall be deemed to consent to the
alteration or removal of all or any portion of the facility by another
utility or person.
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 Director of Public Works. Such cleanup 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 Director of Public Works 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 Director of Public Works or his or her duly authorized
agent of the emergency, informing him or her as to what steps have
been taken for protection of the traveling public and what will be
required to make the necessary repairs. If the nature of the emergency
is such as to interfere with the free movement of traffic, the Village
police shall be notified immediately.
(3)
In an emergency, the utility shall use all means at hand to
complete repairs as rapidly as practicable and with the least inconvenience
to the traveling public.
C.
Emergency repairs. The utility must file, in writing, with the Village
a description of the repairs undertaken in the right-of-way within
48 hours after an emergency repair.
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 Director of Public Works 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 Director of Public Works
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 Director of Public
Works 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 Director of Public Works 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 Director of Public Works under the provisions of this
chapter 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.
Any person who violates, disobeys, omits, neglects or refuses
to comply with any of the provisions of this article shall be subject
to fine not less than $100 nor more than $750. There may be times
when the Village will incur delay or other costs, including third-party
claims, because the utility will not or cannot perform its duties
under its permit and this article. Unless the utility shows that another
allocation of the cost of undertaking the requested action is appropriate,
the utility shall bear the Village's costs of damages and its costs
of installing, maintaining, modifying, relocating, or removing the
facility that is the subject of the permit. No other administrative
agency or commission may review or overrule a permit related cost
apportionment of the Village. Sanctions may be imposed upon a utility
that does not pay the costs apportioned to it.
Nothing in this article shall be construed as limiting any additional
or further remedies that the Village may have for enforcement of this
article.
