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Village of Bannockburn, IL
Lake County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the President and Board of Trustees of the Village of Bannockburn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Buildings and building regulations — See Ch. 109.
Cable and video communications — See Ch. 115.
Contractors and developers — See Ch. 125.
Trees and woodland protection — See Ch. 216.
Zoning — See Ch. 260.
[Adopted 11-12-2007 by Ord. No. 2007-35]
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 run-off due to structures and materials that increase impermeable surfaces;
(6) 
Preserve the character of the Village in the areas where facilities are installed;
(7) 
Preserve open space, particularly the landscaped character of the Village;
(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 ordinances. This article supersedes all ordinances or parts of ordinances 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.
AASHTO
American Association of State Highway and Transportation Officials.
ANSI
American National Standards Institute.
APPLICANT
A person applying for a permit under this article.
ASTM
American Society for Testing and Materials.
BACKFILL
The methods or materials for replacing excavated material in a trench or pit.
BORE or BORING
To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
CABLE OPERATOR
That term as defined in 47 U.S.C. § 522(5).
CABLE SERVICE
That term as defined in 47 U.S.C. § 522(6).
CABLE SYSTEM
That term as defined in 47 U.S.C. § 522(7).
CARRIER PIPE
The pipe enclosing the liquid, gas or slurry to be transported.
CASING
A structural protective enclosure for transmittal devices, such as carrier pipes, electrical conductors, and fiber-optic devices.
CLEAR ZONE
The total roadside border area, starting at the edge of the road lane, 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.
COATING
Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
CONDUCTOR
Wire carrying electrical current.
CONDUIT
A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT
The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
COVER
The depth of earth or backfill over buried utility pipe or conductor.
CROSSING FACILITY
A facility that crosses one or more right-of-way lines of a right-of-way.
DISRUPT THE 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.
EMERGENCY
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.
ENCASEMENT
Provision of a protective casing.
ENGINEER
The Village Engineer or his or her designee.
EQUIPMENT
Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION
The making of a hole or cavity by removing material, or laying bare by digging.
EXTRA HEAVY PIPE
Pipe meeting ASTM standards for this pipe designation.
FACILITY
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.
FREESTANDING FACILITY
A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD
A roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway.
HAZARDOUS MATERIALS
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.
HIGHWAY
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.
HIGHWAY CODE
The Illinois Highway Code (605 ILCS 5/1-101 et seq.), as amended from time to time.
HOLDER
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).
ICC
Illinois Commerce Commission.
IDOT
Illinois Department of Transportation.
J.U.L.I.E.
The Joint Utility Locating Information for Excavators utility notification program.
JACKING
Pushing a pipe horizontally under a roadway by mechanical means, with or without boring.
JETTING
Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
JOINT USE
The use of pole lines, trenches or other facilities by two or more utilities.
MAJOR INTERSECTION
The intersection of two or more major arterial highways.
OCCUPANCY
The presence of facilities on, over or under a right-of-way.
PARALLEL FACILITY
A facility that is generally parallel or longitudinal to the center line of a right-of-way.
PARKWAY
Any portion of the right-of-way not improved by a street or sidewalk.
PAVEMENT
Any improved surface within the right-of-way, whether intended for vehicular, pedestrian, or equestrian access or use and including without limitation roadways and areas and facilities ancillary to any such improved surface such as (but not limited to) shoulders, curbs, and gutters.
PAVEMENT CUT
The removal of an area of pavement for access to a facility or for the construction of a facility.
PERMITTEE
That entity to which a permit has been issued pursuant to §§ 200-4 and 200-5 of this article.
PETROLEUM PRODUCTS PIPELINES
Pipelines carrying crude or refined liquid petroleum products, including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
PRACTICABLE
That which is performable, feasible or possible, rather than that which is simply convenient.
PRESSURE
The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT
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.
PUBLIC ENTITY
A legal entity that constitutes or is part of the government, whether at the local, state or federal level.
RESTORATION
The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
RIGHT-OF-WAY or RIGHTS-OF-WAY
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.
ROAD LANE
That part of a roadway comprised of pavement intended primarily for vehicular use and travel.
ROADS AND RIGHTS-OF-WAY COMMISSIONER
The Village Trustee designated for overseeing construction, operation, and maintenance of all roads, streets, and other public ways within the Village of Bannockburn, or that Trustee's designee.
[Amended 5-22-2017 by Ord. No. 2017-12]
ROADWAY
That part of the highway that includes the road lanes and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL
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.
SECURITY FUND
That amount of security required pursuant to § 200-10 of this article.
SHOULDER
A width of roadway, adjacent to the road lanes, providing lateral support to the edge of the road lanes and providing an area for emergency vehicular stops and storage of snow removed from the road lane.
SOUND ENGINEERING JUDGMENT
A decision(s) consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS
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 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. "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 and following), 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 and following), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER
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.
TELECOMMUNICATIONS RETAILER
Includes every person engaged in making sales of telecommunications at retail as defined herein.
TRENCH
A relatively narrow open excavation for the installation of an underground facility.
UTILITY
The individual or entity owning or operating any facility as defined in this article.
VENT
A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
VIDEO SERVICE
That term as defined in Section 21-201(v) of the Illinois Cable and Video Competition Law of 2007 [220 ILCS 5/21-201(v)].
[Amended 5-22-2017 by Ord. No. 2017-12]
VILLAGE
The Village of Bannockburn, Illinois.
VILLAGE ENGINEER
The Village Engineer or his or her designee.
WATER LINES
Pipelines carrying raw or potable water.
WET BORING
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 Village Clerk, 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 § 200-8 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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
B. 
Permit application. All applications for permits pursuant to this article shall be submitted to the Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 name, address and telephone and telecopy numbers and e-mail addresses of the person or entity responsible for performing the proposed work; the name, address and telephone and telecopy numbers and e-mail addresses of the person or entity responsible for performing the restoration if different from the person or entity responsible for the original work; and 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) 
If requested, 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) 
If requested, 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. Such drawings, plans and specifications shall include the following details, where applicable, of the work to be performed: route location, method of installation, all physical features and public utilities in the immediate area, off-set distance from street edge, right-of-way lines, and property lines;
(7) 
If the work is to be performed within an easement, the recording document number assigned by the Lake County Recorder's Office to the easement;
(8) 
Evidence of insurance as required in § 200-8 of this article;
(9) 
Evidence of posting of the security fund as required in § 200-10 of this article;
(10) 
Any request for a variance from one or more provisions of this article (See § 200-21);
(11) 
Estimated number of work days;
(12) 
A listing of pavement cuts or excavations anticipated to be made and of above-grade facilities anticipated to be installed; and
(13) 
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, and all other federal, state or local requirements, have been satisfied;
[Amended 5-22-2017 by Ord. No. 2017-12]
(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, the Lake County Stormwater Management Commission, 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, including any change in the actual locations of any facilities which deviates in any material respect from the locations identified in the plans, drawings or specification submitted with the 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 applicants for permits pursuant to this article shall pay an application fee as provided in this Subsection F. The application fee will consist of a basic fee in the amount of $200 that shall be paid at the time of filing an application, plus reimbursement of any out-of-pocket costs (including costs from outside consultants) incurred by the Village in reviewing the application. A deposit for the out-of-pocket costs will be provided in accordance with Subsection H of this section. 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 645/5-1 et seq.).
G. 
Inspection fees. Any person obtaining a permit under this article for which inspections are performed by or on behalf of the Village shall reimburse the Village for the actual cost of such inspections, including costs from outside consultants. A deposit for the out-of-pocket costs will be provided in accordance with Subsection H of this section. The Village Manager shall from time to time determine the actual per-hour costs of Village employees for purposes of calculating the costs of such inspections. No inspection 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 645/5-1 et seq.).
H. 
Fee deposit. Each application must be accompanied by an application and inspection fee cash deposit in the amount of $7,500. The Village may deduct from this deposit any unpaid application or inspection fees (as set forth in Subsections F and G). The Village may also use the deposit to reimburse itself for any costs incurred by the Village for curing any deficiency in performance under this article if the applicant fails to do so within 30 days after receiving notice of any such deficiency (which deposit may be used in lieu of or in addition to the security provided pursuant to § 200-10 of this article). Upon the satisfactory completion of any work relating to a permit issued under this article, the Village will return the balance of the deposit to the applicant.
A. 
Village review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the Roads and Rights-of-Way Commissioner within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Roads and Rights-of-Way Commissioner shall reject such application in writing, stating the reasons therefor. If the Roads and Rights-of-Way Commissioner is satisfied that the proposed work conforms to the requirements of this article and other applicable ordinances, codes, laws, rules, and regulations, the Roads and Rights-of-Way Commissioner 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 Roads and Rights-of-Way Commissioner, that the construction proposed under the application shall be in full compliance with the requirements of this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 Roads and Rights-of-Way Commissioner shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
[Amended 5-22-2017 by Ord. No. 2017-12]
(2) 
In the event that the Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
(3) 
Upon the provision of such specification by the Village, where a permit is required for work pursuant to § 200-4 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. 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. Unless waived in writing by the Roads and Rights-of-Way Commissioner, 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 § 200-21 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 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)(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:
[1] 
Five million dollars for bodily injury or death to each person;
[2] 
Five million dollars for property damage resulting from any one accident; and
[3] 
Five million dollars for all other types of liability;
(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 within 10 days following receipt of a written request therefor from the Village.
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 Manager 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 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 (820 ILCS 305/1 et seq.).
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.
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 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 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 the 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) 
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 Roads and Rights-of-Way Commissioner, 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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 § 200-11.
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 Roads and Rights-of-Way Commissioner shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Roads and Rights-of-Way Commissioner shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
[Amended 5-22-2017 by Ord. No. 2017-12]
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. Any excavation must be fully covered by a steel plate (or equivalent cover approved by the Roads and Rights-of-Way Commissioner) at all times when workers are not present in the immediate vicinity of the excavation.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 § 200-20 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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 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 (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 above-ground 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) 
Pathways, culverts, or drainage facilities. Crossing facilities shall not be located in pedestrian or equestrian pathways, culverts, or drainage facilities.
(3) 
Ninety-degree crossing required. Crossing facilities shall cross at or as near to a ninety-degree angle to the center line as practicable.
(4) 
Overhead power or communication facility. An overhead power or communication facility may cross a highway only if:
(a) 
It has a minimum vertical line clearance as required by ICC 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:
(a) 
The design materials and construction methods will provide maximum maintenance-free service life; and
(b) 
Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
(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).
[Amended 5-22-2017 by Ord. No. 2017-12]
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.
(1) 
The Village may restrict the location and size of any freestanding facility located within a right-of-way.
(2) 
The Village may require any freestanding facility located within a right-of-way to be screened from view.
F. 
Below-ground installation. Below-ground facilities may be installed only if they are located a minimum of five feet, measured from outside edge to outside edge, from any Village-owned utility.
G. 
Facilities installed above ground. Above-ground facilities may be installed and maintained 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.
H. 
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.
I. 
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, bufferyards, 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.
(3) 
Any facility must be screened to an opacity value of at least 50%, which opacity value must be achieved using Alternative Unit D (all as provided in the Bannockburn Zoning Code[1]), unless other screening is approved in writing by the Roads and Rights-of-Way Commissioner. All screening must be installed within the permit period unless the Roads and Rights-of-Way Commissioner determines that weather conditions are not conducive to the installation of such screening, in which case the screening must be installed during the next "planting season," which, for purposes of this article, will be either between April 15 and June 15 or September 1 and November 1.
[Amended 5-22-2017 by Ord. No. 2017-12]
[1]
Editor's Note: See Chapter 260, Zoning, § 260-907.
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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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, as permitted by the Roads and Rights-of-Way Commissioner and in conformance with the regulations set forth in Chapter 216, Trees and Woodland Protection, of the Village Code.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Roads and Rights-of-Way Commissioner, 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 (including without limitation sidewalk, curbs, and driveways) to the proper grades, as determined by the Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 § 200-21, 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 Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
(b) 
Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Crack-sealing must also be performed in accordance with applicable IDOT standards. 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, using cuts that are at or as close as practicable to 90°.
(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.
(e) 
Except in cases of emergency, the Roads and Rights-of-Way Commissioner may require that work involving pavement cuts be deferred if seasonal conditions do not, in the context of all relevant circumstances, permit safe open-cut work.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway.
(c) 
In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or Village-approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the Village. Bell and spigot type pipe shall be encased, regardless of installation method.
(d) 
In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
(e) 
In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if:
[1] 
Extra heavy pipe is used that precludes future maintenance or repair; and
[2] 
Cathodic protection of the pipe is provided.
(f) 
If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the 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:
[a] 
The crossing is installed by the use of "moles," "whip augers," or other approved methods which compress the earth to make the opening for cable installation; or
[b] 
The installation is by the open trench method, which is only permitted prior to roadway construction.
[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 the ANSI Standard Code for Pressure Piping (Liquid Petroleum Transportation Piping Systems ANSI-B31.4).
(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 Roads and Rights-of-Way Commissioner. With the approval of the Roads and Rights-of-Way Commissioner, 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 Roads and Rights-of-Way Commissioner. 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Roads and Rights-of-Way Commissioner when emergency work is required to restore vital utility services.
[Amended 5-22-2017 by Ord. No. 2017-12]
(3) 
Unless otherwise permitted by the Village, the hours of construction are those set forth in the Bannockburn Building Code.[1]
[1]
Editor's Note: See Ch. 109, Building and Building Regulations.
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 above-ground 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 Utility Facilities Damage Prevention Act (220 ILCS 50/1 et seq.).
A. 
Tree trimming permit required. Tree trimming shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit in accordance with Chapter 216, Trees and Woodland Protection, of the Village Code, 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.
B. 
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.
C. 
Chemical use. 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 Roads and Rights-of-Way Commissioner that such spraying is the only practicable method of vegetation control.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
[Amended 5-22-2017 by Ord. No. 2017-12]
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 is 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 Roads and Rights-of-Way Commissioner. 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 Roads and Rights-of-Way Commissioner 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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 Roads and Rights-of-Way Commissioner 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 Roads and Rights-of-Way Commissioner 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 Roads and Rights-of-Way Commissioner 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 to 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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Roads and Rights-of-Way Commissioner under the provisions of this article may seek a review of such order, requirement, decision or determination by filing a request for review thereof with the Village Manager, within 30 days after the notification of the order, requirement, decision or determination. The request for review shall set forth in detail the basis for the request. The Village Manager shall thereafter consider the request for review, determine whether the order, requirement, decision or determination should be affirmed, modified, modified with conditions, or reversed, and provide a written determination thereof. If such utility seeks further review of the order, requirement, decision or determination, such utility shall file a request to appeal the determination of the Village Manager with the Village Clerk within 30 days after mailing of the determination by the Village Manager; such appeal shall be considered by the Board of Trustees based on the relevant facts available regarding the order, requirement, decision or determination in question and the materials presented in connection with the request for appeal, as well as materials presented in connection with the Manager's review provided under this section. The determination of the Board of Trustees shall be final.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this article shall be subject to fine in accordance with the penalty provisions of the Bannockburn Building Code.[1] 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.
[1]
Editor's Note: See Ch. 109, Buildings and Building Regulations.
Nothing in this article shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this article.
[Adopted 6-25-2018 by Ord. No. 2018-18; amended in its entirety 1-28-2019 by Ord. No. 2019-02]
A. 
Purpose. The purpose of this article is to establish regulations, standards, and procedures for the siting and collocation of small wireless facilities on rights-of-way within the Village's jurisdiction and outside such rights-of-way on property zoned by the Village exclusively for commercial or industrial use, in a manner that is consistent the Small Wireless Facilities Deployment Act, Public Act 100-0585 and applicable federal law and regulations.
B. 
Conflicts with other ordinances. This article supersedes all ordinances or parts of ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict.
C. 
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 wireless provider shall comply with the requirements of this article to the maximum extent possible without violating federal or state laws or regulations.
For purposes of this article, the following terms shall have the following meanings:
ANTENNA
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES
Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.
APPLICANT
Any person who submits an application and is a wireless provider.
APPLICATION
A request submitted by an applicant to the Village for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
COLLOCATE or COLLOCATION
To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE
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(53), as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER
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.
COVERED FACILITY
A small wireless facility that is collocated in a right-of-way in any zoning district, or outside rights-of-way in property zoned exclusively for commercial or industrial use.
FCC
The Federal Communications Commission of the United States.
FEDERALLY-DEFINED FACILITY
Any facility meeting the definition of "small wireless facilities" set forth in 47 CFR § 1.6002 that is expressly identified as a "federally-defined facility" in a small wireless facility permit application.
FEE
A one-time charge.
HISTORIC DISTRICT or HISTORIC LANDMARK
A building, property, or site, or group of buildings, properties, or sites that are either 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.
LAW
A federal or state statute, common law, code, rule, regulation, order, or local ordinance or resolution.
MICRO WIRELESS FACILITY
A small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
PERSON
An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental agency or authority.
PUBLIC SAFETY AGENCY
The functional division of the federal government, the state, a unit of local government, or a special purpose district located in whole or in part within this state, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
RATE
A recurring charge.
RIGHT-OF-WAY
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use that is within the Village's jurisdiction. Right-of-way does not include Village-owned aerial lines.
SMALL WIRELESS FACILITY
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 28 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.
UTILITY POLE
A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.
VILLAGE UTILITY POLE
A utility pole owned by the Village in public rights-of-way.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications; and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes small wireless facilities. Wireless facility does not include the structure or improvements on, under, or within which the equipment is collocated; or wireline backhaul facilities, coaxial, or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER
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.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
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.
WIRELESS SERVICES PROVIDER or WIRELESS PROVIDER
A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE
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.
A. 
Use. Covered facilities shall be deemed permitted uses subject to administrative review (except as otherwise provided with respect to variances and appeals) and not subject to zoning review or approval. Any small wireless facilities other than a covered facility shall be subject to the zoning regulations set forth in Chapter 260 of the Village Code, the regulations regarding construction of facilities in rights-of-way set forth in Chapter 200, Article I of the Village Code, and all other applicable Village ordinances and other local, state, and federal laws; provided, however that any application to deploy one or more federally-defined facilities within the Village shall be processed in accordance with § 200-27B(10) and shall be subject to the application fees set forth in § 200-27C(2).
B. 
Permit required. No person shall install, or cause to be installed, a covered facility within the Village without first obtaining a Village small wireless facility permit (a "permit"). Permits and applications for permits shall be subject to the following standards, procedures, and requirements:
(1) 
Requirements and conditions.
(a) 
Height limitations.
[1] 
No portion of a covered facility shall extend more than 10 feet above the utility pole or wireless support structure to which it is attached.
[2] 
Any new utility pole or wireless support structure within a right-of-way shall not exceed the higher of:
[a] 
Ten feet in height above the tallest utility pole in existence as of June 1, 2018 (other than a utility pole supporting only wireless facilities) that is located within 300 feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the 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.
[3] 
Any new utility pole or wireless support structure located on a property outside the right-of-way shall not exceed 45 feet in height.
(b) 
Public safety space reservation. The Village may reserve space on Village utility poles for future public safety uses and Village utility uses. No permit shall be issued for such poles unless the Village determines, in its reasonable discretion, that the pole can accommodate both the proposed covered facility and the Village or public safety uses for which space is used or reserved.
(c) 
No public safety interference. A wireless provider's operation of covered facilities shall not interfere with the frequencies used by a public safety agency for public safety communications. Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC's regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency.
[1] 
If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall remedy the interference in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
[2] 
The City may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
(d) 
Contract requirements. The wireless provider shall comply with requirements that are imposed by any contract between the Village and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
(e) 
Spacing. No new utility pole, wireless support structure, or ground-mounted equipment associated with one or more covered facilities located in the public right-of-way may be installed within 600 feet of another utility pole, wireless support structure, or ground-mounted equipment.
(f) 
Undergrounding. No new utility poles or wireless support structures may be installed in a right-of-way in violation of any undergrounding requirements established by Village ordinance, including §§ 109-1, 109-2, 200-15, and 200-16 of the Village Code.
(g) 
Construction and public safety standards. For installation of covered facilities in rights-of-way, the wireless provider shall comply with all applicable Village ordinances establishing construction, location, and public safety standards for work within the right-of-way, including, but not limited to §§ 200-13, 200-14, 200-15, 200-16, 200-17, 200-18C, 200-19, and 200-20 of the Village Code. For covered facility installations on private commercial or industrial property, the wireless provider shall comply with all applicable Village ordinances establishing construction and safety standards for building improvements, including, but not limited to, Chapter 109, Article V of the Village Code.
(h) 
Signs. No signs (as defined in § 260-1226 of the Village Code) may be erected on any covered facility or utility pole except for signs required by law, ordinance, or regulation. The content and size of any such sign shall not exceed the requirements of the law, ordinance, or regulation pursuant to which such sign is erected.
(i) 
Electric transmission poles. The wireless provider shall not collocate small wireless facilities on Village utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole. Small wireless facility antennae and support equipment may be located only in the communications space on the Village utility pole and on the top of the pole to the extent that such space is available and subject to compliance with all applicable laws.
[1] 
For purposes of this subparagraph, the terms "communications space," "communication worker safety zone," and "electric supply zone" have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
(j) 
Public safety. The wireless provider shall comply with all applicable federal, state, and local codes are other laws that concern public safety.
(k) 
Design standards. The wireless provider shall comply with the following design standards:
[1] 
No covered facility shall be installed or maintained on a wireless support structure or utility pole at a height less than 15 feet above the adjacent grade.
[2] 
The orientation of covered facilities shall be consistent with the orientation of existing utility equipment installed on the same utility pole and other utility poles in the nearby area. Such covered facilities shall be painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole such that the attached covered facility is no more readily apparent or plainly visible (as reasonably determined by the Roads and Rights-of-Way Commissioner) than the existing utility equipment located on the utility pole. Further, if the utility pole is visible (at ground level) from and within 50 feet of any residential structure, covered facilities shall be concealed or screened by means of canisters, radomes, shrouds or other similar concealment enclosures, which shall be flush-mounted to the utility pole and painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole.
[3] 
Cables and other wiring serving a covered facility located on a wireless support structure or utility pole shall be enclosed in conduit flush mounted to the support structure or utility pole. Conduit shall be finished to match the materials, texture, and color of the subject support structure or utility pole.
[4] 
Ground-based enclosures for equipment to be utilized in connection with covered facilities shall be located no closer than five feet from the edge of any pavement on a street with curbing, and no closer than 10 feet from the edge of any pavement on a street without curbing. In no event shall such ground-based enclosures be located within a drainage ditch. Additionally, a ground-based enclosure shall not be located closer than three feet from a pedestrian facility.
[5] 
No covered facility shall be located on a wireless support structure or utility pole in a manner that interferes with the operation or functionality of such utility pole or pre-existing uses of such support structure or utility pole. For any utility pole providing lighting, the installation of the covered facility cannot impair the distribution of light from such pole.
(l) 
Historic districts and landmarks. Except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4), covered facilities in a historic district or on historic landmark shall comply with all applicable design and concealment requirements established for such historic district or historic landmark.
[1] 
Such design and concealment measures shall not be considered a part of the Covered Facility for purposes of the size restrictions of a small wireless facility. This paragraph may not be construed to limit the Village's enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act[1] or the National Historic Preservation Act of 1966, 54 U.S.C. Section 300101 et seq., and the regulations adopted to implement those laws.
[1]
Editor's Note: See 20 ILCS 3420/1 et seq.
(2) 
Application. An application for a permit must be submitted in the form designated by the Village Manager and shall include the following information:
(a) 
Site specific structural integrity analysis and, for a Village utility pole, a make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;[2]
[2]
Editor's Note: See 225 ILCS 340/1 et seq.
(b) 
The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted, the location where any new utility poles or structures would be installed, and a rendering of the proposed small wireless facility and/or utility pole in the proposed location;
(c) 
Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed;
(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, if approved;
(f) 
Evidence of the applicant's right to utilize the structure on which the small wireless facilities are to be collocated;
(g) 
All applicable fees and rates related to such application; and
(h) 
Certification that the collocation complies all requirements of this article.
(3) 
Completeness of application. Within 30 days after receiving an application other than an application relating to a federally-defined facility, the Village shall determine whether the application is complete and notify the applicant. If an application is incomplete, the Village's notice to the applicant shall identify the missing information. Processing deadlines shall be tolled from the time the Village sends the notice of incompleteness to the time the applicant provides the missing information.
(4) 
Application process. The Village shall process applications as follows:
(a) 
Applications for collocation of covered facilities on existing utility poles or structures. An application to collocate a covered facility other than a federally-defined facility on an existing utility pole or wireless support structure shall be processed within 90 days after the delivery of a completed application. No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
(b) 
Applications for collocation of covered facilities on new utility poles or structures. An application to collocate a covered facility other than a federally-defined facility that includes the installation of a new utility pole shall be processed within 120 days after the delivery of a completed application. No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
(c) 
Review and approval or denial; alternate placements. The Village shall approve a permit application if the application meets all requirements of this article and all other applicable local, state, and federal laws; provided, however, that the Village may impose reasonable conditions (which conditions shall be final unless the applicant appeals pursuant to § 200-31); provided further that with respect to an application for the collocation of a covered facility on a new utility pole, the Village may propose that the covered facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the location proposed by the applicant. The applicant shall accept such alternate location if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs. If the applicant does not accept the alternate location, then it shall provide to the Village a written certification describing the property rights, technical limits, or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
[1] 
If an applicant proposes to collocate a covered facility on an existing utility pole or wireless support structure, and the Village determines that such utility pole or wireless support structure must be replaced to accommodate the proposed collocation, then approval may be conditioned on replacement of such utility pole or wireless support structure at the applicant's cost.
[2] 
If a permit application is denied, then the Village shall provide the applicant with notice that specifies the basis for the denial, including the specific code provisions or application conditions on which the denial was based, and send such notice to the applicant on or before the day the Village denies the application; provided, however, that an applicant shall have the right to appeal any denial pursuant to § 200-31.
[3] 
The applicant may cure the deficiencies identified by the Village and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee if the cure does not require review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility. The Village shall approve or deny the revised application within 30 days after the applicant resubmits the application in accordance with the provisions of this Subsection B(2)(c). No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
(5) 
Tolling. The time period for applications may be further tolled by:
(a) 
The express agreement in writing by both the applicant and the Village; or
(b) 
A local, state or federal disaster declaration or similar emergency that causes the delay.
(6) 
Consolidated applications. An applicant seeking to collocate multiple covered facilities within the Village's jurisdiction may file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure; or the deployment of multiple federally-defined facilities.
(a) 
The Village may remove covered facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The Village may issue separate permits for each collocation that is approved in a consolidated application.
(b) 
Consolidated applications shall be reviewed in accordance with § 200-27B(4).
(7) 
Collocation completion deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the Village and the wireless provider agree to extend this period or a delay is caused by make-ready work for a Village utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the Village grants an extension in writing to the applicant.
(8) 
Duration of permits. The duration of a permit shall be for a period of five years, and the permit may be renewed for equivalent durations unless the Village makes a finding that the covered facilities or the new or modified utility pole do not comply with the applicable codes or local code provisions or regulations in this article.
(a) 
If PA 100-0585 is repealed as provided in Section 90 of the Act, renewals of permits shall be subject to the applicable Village Code provisions or regulations in effect at the time of renewal.
(9) 
Means of submitting applications. Applicants shall be deemed to have submitted applications if presented on Village-designated forms, along with all necessary and appropriate supporting information, by personal delivery or five days after postmarked if sent by regular mail, all addressed at the Village Hall. All other notices may be sent by personal delivery or postmarked on the date due, or by any other commonly used means, including electronic mail, as required or permitted by the Village.
(10) 
Special procedures for applications for deployment of federally-defined facilities. An application for deployment of one or more federally-defined facilities within the Village shall not be subject to the processing times provided in §§ 200-27B(3) and 200-27B(4)(a) and (b) above and, instead, shall be processed as follows, provided that the applicant expressly identifies the facility as a "federally-defined facility" in its application:
(a) 
Within 10 days after receiving an application for deployment of a federally-defined facility, the Village shall determine whether the application is complete and, if it is incomplete, send the applicant a notice that specifically identifies the missing documents or information, and the specific rule or regulation that creates the obligation to submit such documents or information. In that event, processing deadlines shall restart at zero on the date on which the applicant submits all the documents and information identified by the Village to render the application complete. For any subsequent determinations of incompleteness, the Village shall notify the applicant within 10 days after the applicant's incomplete supplemental submission, and processing deadlines shall be tolled from the time the Village sends such notice to the time the applicant provides the missing information. Nothing in this subsection shall preclude the Village from determining, at any time, that an application incorrectly identifies a facility as a "federally-defined facility."
(b) 
The Village shall process an application to collocate a federally-defined facility on an existing structure within 60 days after delivery of a complete application as provided in Subsection B(10)(a), plus the number of days of any tolling period.
(c) 
The Village shall process an application to deploy a federally-defined facility using a new structure within 90 days after delivery of a complete application as provided in Subsection B(10)(a), plus the number of days of any tolling period.
(d) 
The Village shall process a batched or consolidated application:
[1] 
Within 60 days after delivery of a complete application as provided in Subsection B(10)(a) and (b) plus the number of days of any tolling period, if the application consists solely of requests to collocate federally-defined facilities on existing structures.
[2] 
Within 90 days after delivery of a complete application as provided in Subsection B(10)(a) and (c), plus the number of days of any tolling period, if the application includes one or more requests to deploy a federally-defined facility using a new structure.
C. 
Application fees. The following fees shall apply to all permit applications, and no permit application shall be deemed complete unless it is accompanied by the applicable fee:
(1) 
For all covered facilities other than federally-defined facilities:
(a) 
Applicant shall pay an application fee of $650 for an application to collocate a single covered facility on an existing utility pole or wireless support structure and $350 for each small wireless facility addressed in a consolidated application to collocate more than one covered facility on existing utility poles or wireless support structures.
(b) 
Applicant shall pay an application fee of $1,000 for each covered facility addressed in an application that includes the installation of a new utility pole or wireless support structure.
(2) 
For federally-defined facilities:
(a) 
Applicant shall pay an application fee of $500 for an application to collocate up to five federally-defined facilities on an existing utility pole or wireless support structure, plus $100 for each additional federally-defined facility addressed in a consolidated application to collocate more than five federally-defined facilities on existing utility poles or wireless support structures.
(b) 
For an application that includes the installation of a new utility pole or wireless support structure intended to support one or more federally-defined facilities, the applicant shall pay an application fee of $1,000 for each such proposed new pole or structure.
D. 
Exceptions; limitations; additional provisions.
(1) 
The Village shall not require an application, approval, or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way, for:
(a) 
Routine maintenance;
(b) 
The replacement of covered facilities with covered 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 and includes equipment specifications for the replacement of equipment consistent with the requirements of Subsection B(2)(d) under the subsection titled "Application requirements"; or
(c) 
The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
[1] 
However, the Village may require a permit to work within rights-of-way for activities that affect traffic patterns or require lane closures.
(2) 
Nothing in this article authorizes a person to collocate small wireless facilities on:
(a) 
Property owned by a private party or property owned or controlled by the Village or another unit of local government that is not located within rights-of-way, or a privately-owned utility pole or wireless support structure without the consent of the property owner;
(b) 
Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation, or conservation purposes without the consent of the affected district or facilities on rights-of-way that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
(c) 
Property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in Section 16-102 of the Public Utilities Act,[3] without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this article do not apply to an electric or gas public utility or such utility's wireless facilities if the facilities are being used, developed, and maintained consistent with the provisions of subsection (i) of Section 16-108.5 of the Public Utilities Act.
[1] 
For the purposes of this subsection, "public utility" has the meaning given to that term in Section 3-105 of the Public Utilities Act. Nothing in this article shall be construed to relieve any person from any requirement (a) to obtain a franchise or a state-issued authorization to offer cable service or video service or (b) to obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this article.
[3]
Editor's Note: See 220 ILCS 620/1 et seq.
(3) 
Existing agreements grandfathered for existing locations. Agreements between the Village and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on Village utility poles, that are in effect on June 1, 2018, shall remain in effect for small wireless facilities collocated on Village utility poles pursuant to applications submitted to the Village before June 1, 2018, subject to applicable termination provisions.
(4) 
Annual recurring rate. Provided that an application for a covered facility is accompanied by a supplemental application as designated by the Village Manager for collocating such covered facilities on a Village utility pole, a wireless provider shall pay an annual recurring rate to collocate a Covered Facility on a Village utility pole located in a right-of-way equal to $200 per year or the actual, direct, and reasonable costs related to the wireless provider's use of space on the Village utility pole.
(a) 
Rates for collocation on Village utility poles or wireless support structures located outside of a right-of-way are not subject to these limitations.
(5) 
Aerial facilities. For Village utility poles that support aerial facilities used to provide communications services or electric service, wireless providers shall comply with the process for make-ready work under 47 U.S.C. 224 and its implementing regulations.
(6) 
Abandonment. A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of the facility must remove the small wireless facility within 90 days after receipt of written notice from the Village notifying the owner of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the Village to the owner at the last known address of the owner. If the small wireless facility is not removed within 90 days of such notice, the Village may remove or cause the removal of such facility pursuant to the terms of any 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.
(7) 
Sale or transfer. A wireless provider shall provide written notice to the Village if it sells or transfers small wireless facilities within the jurisdictional boundary of the Village. Such notice shall include the name and contact information of the new wireless provider.
A wireless provider shall indemnify and hold the Village harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the Village improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this article and PA 100-0585. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the Village or its employees or agents. A wireless provider shall further waive any claims that they may have against the Village with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
A. 
A wireless provider shall carry, at the wireless provider's own cost and expense, the following insurance: property insurance for its property's replacement cost against all risks; workers' compensation insurance, as required by law; or commercial general liability insurance with respect to its activities on the Village improvements or rights-of-way to afford minimum protection limits consistent with its requirements of other users of Village improvements or rights-of-way (including coverage for bodily injury and property damage) as determined by the Village Manager, or such minimum coverages and maximum deductibles on such policies as may be established from time-to-time by ordinance or resolution of the Village.
B. 
The wireless provider shall include the Village and its officers, officials, employees, agents, attorneys, and representatives as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the Village in a commercial general liability policy as reasonably required by the Village prior to, and as a condition of, issuance of a permit.
A. 
A wireless provider may request a variance from one or more of the provisions of this article by submitting a written request to the Roads and Rights-of-Way Commissioner as part of a 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. 
The Roads and Rights-of-Way Commissioner shall decide whether a variance is authorized for each provision of this article identified in the variance request on an individual basis.
C. 
The Roads and Rights-of-Way Commissioner may authorize a variance only if the wireless provider requesting the variance has demonstrated that:
(1) 
One or more conditions not under the control of the wireless provider create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) 
All other designs, methods, materials, locations or facilities that would conform to the provision from which a variance is requested are impracticable in relation to the requested approach.
D. 
As a condition for authorizing a variance, the Roads and Rights-of-Way Commissioner may require the wireless provider 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.
Any wireless provider aggrieved by any order, requirement, decision or determination, including denial of or conditions established in connection with a permit, variance, or other approval, made by the Roads and Rights-of-Way Commissioner under the provisions of this article may seek a review of such order, requirement, decision or determination by filing a request for review thereof with the Village Manager, within 30 days after the notification of the order, requirement, decision or determination. The request for review shall set forth in detail the basis for the request. The Village Manager shall thereafter consider the request for review, determine whether the order, requirement, decision or determination should be affirmed, modified, modified with conditions, or reversed, and provide a written determination thereof. If such wireless provider seeks further review of the order, requirement, decision or determination, such wireless provider shall file a request to appeal the determination of the Village Manager with the Village Clerk within 30 days after mailing of the determination by the Village Manager; such appeal shall be considered by the Board of Trustees based on the relevant facts available regarding the order, requirement, decision or determination in question and the materials presented in connection with the request for appeal, as well as materials presented in connection with the Manager's review provided under this section. The determination of the Board of Trustees shall be a final decision for purposes of the Administrative Review Law, 735 ILCS 5/3-101 et seq.
If any provision of this article or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this article is severable.