[Adopted 11-13-2007 by Ord. No. 07-060]
[Amended 7-9-2025 by Ord. No. 25-032]
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) 
Preventing interference with the use of streets, sidewalks, bicycle paths, alleys, parkways and other public ways and places;
(2) 
Preventing the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(3) 
Preventing 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) 
Protecting against environmental damage, including but not limited to damage to trees, from the installation of utility facilities;
(5) 
Protecting against increased stormwater runoff due to structures and materials that increase impermeable surfaces;
(6) 
Preserving the character of the neighborhoods in which facilities are installed;
(7) 
Preserving open space, particularly the tree-lined parkways that characterize the Village's residential neighborhoods;
(8) 
Preventing visual blight from the proliferation of facilities in the rights-of-way; and
(9) 
Assuring the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
C. 
Facilities subject to this article. This Ordinance 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.
(1) 
Definitions. Solely for the purposes of this chapter, the following terms are defined as follows:
UTILITY-RELATED COMPANY
A utility-related company shall be defined as and include every sole proprietor, corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their agents, lessees, trustees, or receivers that owns, controls, operates or manages, directly or indirectly, for public or private use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in:
(a) 
The production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, light, cable television, and computer internet services;
(b) 
The disposal of sewage; or
(c) 
The conveyance of oil or gas by pipeline.
UTILITY-RELATED COMPANY FACILITIES
Utility-related company facilities are the physical structures, equipment, improvements and infrastructure used to provide services as defined in Subsection (a) of the definition of "utility-related company" above, which include but are not limited to pipes, mains, manholes, vaults, conduits, cables, wires, towers, poles, switching stations and other equipment and appliances of any Utility related company.
(2) 
Violation.
(a) 
It shall be unlawful and therefore a violation of the Village Code, for any utility-related company ("company"), to locate their facilities on, over, above, along, upon, under, across or within the Village right-of-way or other Village property, and/or for any utility-related company to use or utilize any other Village property in providing their services, without an effective franchise, license, or similar written agreement, executed between the Village and company.
(b) 
It shall be a violation of this Code for any utility-related company ("company") to violate the terms and provisions of any franchise, license, or similar written agreement, duly executed and in effect between the Village and company.
(3) 
Enforcement/penalties. Proceedings to enforce violations of this Subsection D may be initiated and conducted in accordance with and pursuant to the administrative adjudication provisions of Chapter 1, Article III, Penalties and Enforcement, pursuant to the Administrative Review Law, which includes the following penalties:
(a) 
Upon a finding of liability, the utility-related company shall be fined not less than $500 and not more than $2,000 for each violation;
(b) 
Every day a violation continues shall constitute a separate and distinct offense;
(c) 
In addition to liability for a fine, upon finding of liability, the public utility-related company shall be liable to reimburse the Village for all fees and costs, including attorney's fees, connected with the enforcement of this chapter in any administrative hearing, or appeal.
(4) 
Nuisance. Violations of this chapter that are continuous with respect to time, are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a monetary penalty does not prevent injunctive relief. In addition to any injunctive or other equitable remedy ordered by a court, upon finding of liability, the public utility-related company shall be liable to reimburse the Village for all fees and costs, including attorney's fees, connected with the enforcement of this chapter in any court or on appeal.
(5) 
Unfair practice. The Village of Homer Glen expressly finds that violations of this chapter that are continuous with respect to time, constitute an unfair or deceptive practice under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2).
E. 
Effect of franchises, licenses, or similar agreements.
(1) 
Utilities other than telecommunications providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(2) 
Telecommunications providers. In the event of any conflict with, or inconsistency between, the provisions of this article 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. In all cases, the more restrictive requirement shall apply.
G. 
Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this article, 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 pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear runout 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.
CODE
The Code of the Village of Homer Glen.
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 person or agency designated by the Village President or Village Manager.
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
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 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).
IDOT
Illinois Department of Transportation.
ICC
Illinois Commerce Commission.
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.
J.U.L.I.E.
The Joint Utility Locating Information for Excavators utility notification program.
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 street or sidewalk.
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 §§ 92-11 and 92-12 of this article.
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).
PETROLEUM PRODUCTS PIPELINES
Pipelines carrying crude or refined liquid petroleum products, including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
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 calendar 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, easement, 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 and/or drainage 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.
ROADWAY
That part of the highway that includes the pavement 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 its use or consumption and not for sale.
SECURITY FUND
That amount of security required pursuant to § 92-17.
SHOULDER
A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
SOUND ENGINEERING JUDGMENT
A decision(s) consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS
This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide-area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Private line" means a dedicated 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 et seq.), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the Village through an open video system as defined in the Rules of the Federal Communications Commission (47 CFR 76.1500 et seq.), as now or hereafter amended.
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 21-201(v)].
VILLAGE
The Village of Homer Glen.
VILLAGE DESIGNEE
The person or agency designated by the Village President or Village Manager.
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 with the Village on January 1 of each year, 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 § 92-15 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), 4) is in violation of Chapter 189, Utilities, of the Village Code, or 5) materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right-of-way, without first filing an application with the Village designee and obtaining a permit from the Village therefor, except as otherwise provided in this article. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way.
B. 
Permit application. All applications for permits pursuant to this article shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
C. 
Minimum general application requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
(1) 
The utility's name and address and telephone and telecopy numbers;
(2) 
The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work;
(3) 
The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) 
A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
(5) 
Evidence that the utility has placed on file with the Village:
(a) 
A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the latest edition of the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(b) 
An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section unless the Village finds that additional information or assurances are needed;
(6) 
Drawings and plans drawn to a scale of not less than one inch to 100 feet and specifications showing the work proposed, including the certification of an Illinois registered professional engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations. Such plans and specifications shall, at a minimum, address the construction standards described with §§ 92-20 through 92-26 of this article, and include, but not be limited to:
(a) 
Sufficient detail of existing right-of-way and easements dimensioned from a section corner, lot corners or other known survey monumentation;
(b) 
As may be required by the Village, sufficient topographic information identifying all existing physical features along and near the proposed utility site(s), including but not limited to the edge of roadway pavement, existing utilities, trees, bushes, fences, berms, streetlights, roadway signage, drainage ditches and/or swales, etc. Grading information shall be provided for all proposed utility sites where existing stormwater is conveyed or known drainage problems exist;
(c) 
Proposed permanent and temporary easements as may be required to construct proposed utilities. Plats of easement shall be provided as necessary;
(d) 
Detail drawings depicting the width, length, height, color and materials for all utility structures proposed to protrude above the ground surface;
(e) 
Sufficient notes describing construction methods, proposed depth of facilities, separation from existing utilities, proposed final grading plan, ground restoration specifications, and erosion control plans as may be required; and
(f) 
As may be required by the Village, a landscape plan noting existing vegetation within the immediate area of the proposed facility and all proposed vegetation, including the species, quantity and size of plant material at time of planting.
(7) 
Evidence of insurance as required in § 92-15 of this article;
(8) 
Evidence of posting of the security fund as required in § 92-17 of this article;
(9) 
Any request for a variance from one or more provisions of this article (see § 92-28); and
(10) 
Such additional information as may be reasonably required by the Village, including, but not limited to, a restoration plan.
D. 
Supplemental application requirements for specific types of utilities. In addition to the requirements of Subsection C of this section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
(1) 
In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any certificate of public convenience and necessity or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;
(2) 
In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures;
(3) 
In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
(4) 
In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control, and/or other local or state entities with jurisdiction, have been satisfied; or
(5) 
In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed.
E. 
Applicant's duty to update information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village within 30 calendar days after the change necessitating the amendment.
F. 
Application fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this article shall be accompanied by a fee in the amount set forth in Chapter 114, Fees, Article II. 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. 
Notification to Village.
[Added 7-28-2009 by Ord. No. 09-055]
(1) 
When no permit is required due to the nature of the maintenance or repairs being performed on utility facilities located on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village, the utility service provider shall notify the Village Clerk in writing at least seven days prior to the date when it intends to perform the maintenance or repairs to its facilities.
(2) 
The notice shall describe with specificity the type of work to be performed, the location(s) of work to be performed, the proposed date(s) for performing the work, the approximate length of time expected to complete the work, the name, address, telephone number, e-mail address and facsimile number of a person to be contacted at the utility concerning the proposed work, and such additional information as may reasonably be required by the Village, including but not limited to drawings and plans, if required, and a restoration plan, if required.
(3) 
In the event of an emergency, 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. Restoration and cleanup of all work shall be performed in accordance with the requirements of §§ 92-17 and 92-26 of this article.
A. 
Village review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the Village designee within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Village designee shall reject such application in writing, stating the reasons therefor. If the Village designee is satisfied that the proposed work conforms to the requirements of this article and applicable ordinances, codes, laws, rules, and regulations, the Village designee shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Village designee, that the construction proposed under the application shall be in full compliance with the requirements of this article.
B. 
Additional Village review of applications of telecommunications retailers.
(1) 
Pursuant to Section 4 of the Telephone Company Act (220 ILCS 65/40, 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 calendar days prior to the commencement of work requiring no excavation and not less than 30 calendar days prior to the commencement of work requiring excavation. The Village designee shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
(2) 
In the event that the Village designee fails to provide such specification of location to the telecommunications retailer within either a) 10 calendar 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 calendar days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this article.
(3) 
Upon the provision of such specification by the Village, where a permit is required for work pursuant to § 92-11 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 (220 ILCS 5/21-100 et seq.) shall be deemed granted 45 calendar 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. 
Pre-construction meeting required. No construction shall begin pursuant to a permit issued under this article prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a pre-construction meeting. The pre-construction meeting shall be held at a date, time and place designated by the Village designee 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, the presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners.
D. 
Compliance with all laws required. The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village and applicable statutes, laws, ordinances, rules, and regulations.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of "as-built" drawings or plans to the Village within 90 calendar 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 § 92-28 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, consultants, 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] 
For bodily injury or death to each person: $5,000,000;
[2] 
For property damage resulting from any one accident: $5,000,000; and
[3] 
For all other types of liability: $5,000,000;
(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 calendar 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 calendar 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 calendar days after receipt by the Village of said notice, and in no event later than 10 calendar 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. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company.
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable 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, consultants, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this article or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this article by the Village, its officials, officers, employees, agents or representatives.
A. 
Purpose. The permittee shall establish a security fund in a form and in an amount as set forth in this section. The security fund shall be continuously maintained in accordance with this section at the permittee's sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for:
(1) 
The faithful performance by the permittee of all the requirements of this article;
(2) 
Any expenditure, damage, or loss incurred by the Village occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the Village issued pursuant to this article; and
(3) 
The payment by permittee of all liens and all damages, claims, costs, or expenses that the Village may pay or incur by reason of any action or nonperformance by permittee in violation of this article, including, without limitation, any damage to public property or restoration work the permittee is required by this article to perform that the Village must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the Village from the permittee pursuant to this article or any other applicable law.
B. 
Form. The permittee shall provide the security fund to the Village in the form, at the permittee's election, of cash, or an unconditional letter of credit in a form acceptable to the Village. Any 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 Village Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. The reasonably estimated cost as described above shall be multiplied by 125% to establish the security fund amount. Such costs shall include, when applicable, the cost of street repair or replacement, sidewalk repair or replacement, bicycle trail repair or replacement, landscaping, tree replacement, the cost to repair or replace such other improvements as may exist on the premises prior to construction performed pursuant to the permit and, if necessary, an appropriate reserve to guarantee that landscaping and tree replacement shall survive a one-year period after restoration and to assure that all restoration is completed in a workmanlike manner. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Village designee may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection C for any single phase.
D. 
Withdrawals. The Village, upon 14 calendar 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 calendar 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 § 92-18.
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 calendar 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 calendar days' notice to the permittee, remove the subject facilities or equipment; or 3) after not less than 30 calendar 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 calendar 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 within 30 calendar days of assuming ownership responsibilities. If the new owner fails to have a new or amended permit issued in its name within said thirty-day period, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the Village's right-of-way.
C. 
Insurance and bonding. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.
A. 
Standards and principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time:
(1) 
Standard Specifications for Road and Bridge Construction;
(2) 
Supplemental Specifications and Recurring Special Provisions;
(3) 
Highway Design Manual;
(4) 
Highway Standards Manual;
(5) 
Standard Specifications for Traffic Control Items;
(6) 
Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code § 545);
(7) 
Flagger's Handbook; and
(8) 
Work Site Protection Manual for Daylight Maintenance Operations.
B. 
Interpretation of municipal standards and principles. If a discrepancy exists between or among differing principles and standards required by this article, the Village designee shall determine, in the exercise of sound engineering judgment, which principles apply, and such decision shall be final. If requested, the Village designee shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
A. 
Minimum requirements. The Village's minimum requirements for traffic protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this Code.
B. 
Warning signs, protective devices, and flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the rights-of-way.
C. 
Interference with traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
D. 
Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to § 92-27 of this article, the utility shall provide such notice as is practicable under the circumstances.
E. 
Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the Village.
A. 
General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.
(1) 
No interference with Village facilities. No utility facilities shall be placed in any location if the Village designee determines that the proposed location will require the relocation or displacement of any of the Village's utility facilities or will otherwise interfere with the operation or maintenance of any of the Village's utility facilities.
(2) 
Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way.
(3) 
No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
(4) 
No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.
(5) 
Size of utility facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application. No signage shall be included except that which is mandated by applicable state statute or regulation and which is submitted to the Village designee for prior approval as to size, color, location and compliance with the applicable statute or regulation.
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 it exists as an overhead utility prior to the adoption of this article and if the following criteria are met:
(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-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
C. 
Facilities crossing highways.
(1) 
No future disruption. The construction and design of crossing facilities installed between the ditch lines or curblines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
(2) 
Cattle passes, culverts, or drainage facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.
(3) 
Ninety-degree crossing required. Crossing facilities shall cross at or as near to a ninety-degree angle to the center line as practicable.
(4) 
Overhead power or communication facility. An overhead power or communication facility may cross a highway only if it exists as an overhead utility prior to the adoption of this article and if the following criteria are met:
(a) 
It has a minimum vertical line clearance as required by ICC's rules entitled "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305);
(b) 
Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and
(c) 
Overhead crossings at major intersections are avoided.
(5) 
Underground power or communication facility. An underground power or communication facility may cross a highway only if:
(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 (1989)].
D. 
Facilities to be located within particular rights-of-way. The Village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
E. 
Freestanding facilities.
(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 by use of landscaping or other appropriate methods.
F. 
Facilities installed above ground. Aboveground facilities may be installed only if:
(1) 
No other existing facilities in the area are located underground;
(2) 
New underground installation is not technically feasible and the permittee establishes to the satisfaction of the Village that compliance with Chapter 189, Utilities, of the Village Code, requiring utilities and similar facilities to be installed underground, is not technically feasible;
(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; and
(4) 
Prior to any aboveground installation, the permittee establishes to the satisfaction of the Village that:
(a) 
Installation of the proposed aboveground facility is the only installation method feasible for the purpose to be served by the facility; and
(b) 
There is no other substitute location available where an underground installation capable of serving the same purpose as the aboveground installation is feasible.
G. 
Facility attachments to bridges or roadway structures.
(1) 
Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.
(2) 
A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:
(a) 
The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;
(b) 
The type, length, value, and relative importance of the highway structure in the transportation system;
(c) 
The alternative routings available to the utility and their comparative practicability;
(d) 
The proposed method of attachment;
(e) 
The ability of the structure to bear the increased load of the proposed facility;
(f) 
The degree of interference with bridge maintenance and painting;
(g) 
The effect on the visual quality of the structure; and
(h) 
The public benefit expected from the utility service as compared to the risk involved.
H. 
Appearance standards.
(1) 
The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality.
(2) 
A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed.
A. 
Standards and requirements for particular types of construction methods.
(1) 
Boring or jacking. All work shall be done in accordance with the applicable articles of Section 552 of the IDOT Standard Specifications for Road and Bridge Construction.
(a) 
Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Village designee from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
(b) 
Directional boring. Directional boring is required except in those circumstances when it is demonstrated to the satisfaction of the Village that it is not technically feasible.
(c) 
Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.
(d) 
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), unless otherwise approved in advance by the Village Engineer.
(e) 
Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either directional drilling, jacking, guided with auger, or auger and following pipe method.
(f) 
Tree preservation. Any facility located within the drip line of any tree designated by the Village to be preserved or protected shall be bored under or around the root system.
(2) 
Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT's Standard Specifications for Road and Bridge Construction.
(a) 
Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only 1/2 of any intersection may have an open trench at any time unless special permission is obtained from the Village designee.
(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 Village designee, the utility, at its expense, shall within 10 calendar days of such order remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Village designee.
(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 § 92-28, the following requirements shall apply:
(a) 
Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the Director of Public Works.
(b) 
Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the Village.
(c) 
All saw cuts shall be full depth.
(d) 
For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven years, or resurfaced in the last three years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a J.U.L.I.E. locate.
(5) 
Encasement.
(a) 
Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the Village.
(b) 
The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line. No aboveground vent pipes shall be located in the area established as a 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
(inches)
Electric lines
30 (0.8 m)
Communication, cable or video service line
18 to 24 (0.6 m, as determined by Village)*
Gas or petroleum products
30 (0.8 m)
Water line
60 (1.6 m)
Sanitary sewer, storm sewer, or drainage line
48 (1.3 m)
*
Minimum cover for facilities crossing under streets shall be as determined by the Village Engineer, but in no case be less than eight feet.
B. 
Standards and requirements for particular types of facilities.
(1) 
Electric power or communication lines.
(a) 
Code compliance. Electric power or communication 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. If permitted per § 92-22F(1) through (4), 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 calendar days after placement.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Underground facilities other than electric power or communication lines. Underground facilities other than electric power or communication lines may be installed by:
(a) 
The use of "moles," "whip augers," or other approved methods which compress the earth to move the opening for the pipe;
(b) 
Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
(c) 
Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or
(d) 
Tunneling with vented encasement, but only if installation is not possible by other means.
(3) 
Gas transmission, distribution and service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a Village-approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR 192), IDOT's Standard Specifications for Road and Bridge Construction, and all other applicable laws, rules, and regulations.
(4) 
Petroleum products pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping (Liquid Petroleum Transportation Piping Systems, ANSI-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 Village designee. With the approval of the Village designee, shrubbery surrounding the appurtenance may be used in place of a vegetation-free area. The housing for ground-mounted appurtenances shall be painted a neutral color to blend with the surroundings.
C. 
Materials.
(1) 
General standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry.
(2) 
Material storage on right-of-way. No material shall be stored on the right-of-way without the prior written approval of the Village Director of Public Works. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on the right-of-way, prior approval must be obtained from the Village.
(3) 
Hazardous materials. The plans submitted by the utility to the Village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
D. 
Operational restrictions.
(1) 
Construction operations on rights-of-way may, at the discretion of the Village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property.
(2) 
These restrictions may be waived by the Director of Public Works when emergency work is required to restore vital utility services.
(3) 
Unless otherwise permitted by the Village, the hours of construction are those set forth in Village ordinances.[2]
[2]
Editor's Note: See Art. I, Hours of Operation, of this chapter.
E. 
Location of existing facilities. Any utility proposing to construct facilities in the Village shall contact J.U.L.I.E. and ascertain the presence and location of existing aboveground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The Village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the Village or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.).
A. 
Electric utilities: compliance with state laws and regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with applicable Village ordinances, including, but not limited to, Chapter 107, Article III, Tree Preservation, of the Village Code, in effect and as amended from time to time, applicable Illinois laws and regulations and additionally with such local franchise or other agreement with the Village as permitted by law. If a discrepancy exists between or among the applicable Village ordinance and the applicable Illinois law or regulation, the Village ordinance shall apply unless the applicable Illinois law or regulation specifically provides that it shall supersede and take precedence over local ordinances concerning the same subject matter.
B. 
Other utilities: tree trimming permit required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit under Chapter 107, Article III, Tree Preservation, 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.
C. 
Specimen trees or trees of special significance. The Village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
D. 
Chemical use.
(1) 
Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease.
(2) 
Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control.
A. 
Notice. Within 90 calendar 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 calendar 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 Village shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
D. 
Abandonment of facilities. Upon abandonment of a facility within the rights-of-way of the Village, the utility shall notify the Village within 90 calendar days. Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Village Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
The utility shall remove all excess material and restore all turf and terrain and other property within 10 calendar 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, sidewalks, bicycle trails, landscaping and tree replacement shall be made using materials, vegetation, trees and methods approved by the Village designee. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, removal of all flags and markers or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project. The time period provided in this section may be extended by the Village designee for good cause shown.
A. 
General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility's expense.
B. 
Emergency maintenance procedures. Emergencies may justify noncompliance with normal procedures for securing a permit.
(1) 
If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way, including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
(2) 
In an emergency, the utility shall, as soon as possible, notify the Village designee 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 law enforcement agency providing police services for the Village shall be notified immediately.
(3) 
In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
C. 
Emergency repairs. The utility must file in writing with the Village a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair. Restoration and cleanup shall be performed in accordance with the requirements of §§ 92-17 and 92-26.
A. 
Request for variance. A utility requesting a variance from one or more of the provisions of this article must do so in writing to the Village designee as a part of the permit application. The request shall identify each provision of this article from which a variance is requested and the reasons why a variance should be granted.
B. 
Authority to grant variances. The Village designee shall decide whether a variance is authorized for each provision of this article identified in the variance request on an individual basis.
C. 
Conditions for granting of variance. The Village designee may authorize a variance only if the utility requesting the variance has demonstrated that:
(1) 
One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) 
All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
D. 
Additional conditions for granting of a variance. As a condition for authorizing a variance, the Village designee may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this article but which carry out the purposes of this article.
E. 
Right to appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Village designee under the provisions of this article shall have the right to appeal to the Village Board, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the Village Clerk within 30 calendar days after the date of such order, requirement, decision or determination. The Village Board shall commence its consideration of the appeal at the Board's next regularly scheduled meeting occurring at least seven calendar days after the filing of the appeal. The Village Board shall timely decide the appeal.
[Amended 4-27-2016 by Ord. No. 16-010]
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this article, or who fails or refuses to remedy a violation of any of the provisions of this article after being notified by the Village designee of such a violation, shall be subject to a fine not to exceed $1,000 for each offense. Each day upon which such violation exists shall constitute a separate offense subject to a separate fine. Nothing herein contained shall prevent the Village from pursuing such other lawful action as is necessary for the restraint, correction and abatement of any violation. 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, including enforcement of this article pursuant to the administrative adjudication terms and provisions of Chapter 1, Article III, Penalties and Enforcement, of the Village Code, as it may be amended from time to time.