[Adopted 11-12-2007 by Ord. No. 2007-35]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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. There may be times when the Village will incur delay or
other costs, including third-party claims, because the utility will
not or cannot perform its duties under its permit and this article.
Unless the utility shows that another allocation of the cost of undertaking
the requested action is appropriate, the utility shall bear the Village's
costs of damages and its costs of installing, maintaining, modifying,
relocating, or removing the facility that is the subject of the permit.
No other administrative agency or commission may review or overrule
a permit-related cost apportionment of the Village. Sanctions may
be imposed upon a utility that does not pay the costs apportioned
to it.
Nothing in this article shall be construed as limiting any additional
or further remedies that the Village may have for enforcement of this
article.
[Adopted 6-25-2018 by Ord. No. 2018-18; amended in its entirety 1-28-2019 by Ord. No. 2019-02]
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.
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.
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.
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 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 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.
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.