[Adopted 11-13-2007 by Ord. No. 07-060]
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.
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.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
A person applying for a permit under this article.
American Society for Testing and Materials.
The methods or materials for replacing excavated material
in a trench or pit.
To excavate an underground cylindrical cavity for the insertion
of a pipe or electrical conductor.
That term as defined in 47 U.S.C. § 522(5).
That term as defined in 47 U.S.C. § 522(6).
That term as defined in 47 U.S.C. § 522(7).
The pipe enclosing the liquid, gas or slurry to be transported.
A structural protective enclosure for transmittal devices
such as carrier pipes, electrical conductors, and fiber optic devices.
The total roadside border area, starting at the edge of the
pavement, available for safe use by errant vehicles. This area may
consist of a shoulder, a recoverable slope, a nonrecoverable slope,
and a clear 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.
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
The Code of the Village of Homer Glen.
Wire carrying electrical current.
A casing or encasement for wires or cables.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
The depth of earth or backfill over buried utility pipe or
conductor.
A facility that crosses one or more right-of-way lines of
a right-of-way.
Any work that obstructs the right-of-way or causes a material
adverse effect on the use of the right-of-way for its intended use.
Such work may include, without limitation, the following: excavating
or other cutting; placement (whether temporary or permanent) of materials,
equipment, devices, or structures; damage to vegetation; and compaction
or loosening of the soil, and shall not include the parking of vehicles
or equipment in a manner that does not materially obstruct the flow
of traffic on a highway.
Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right-of-way
or immediate maintenance required for the health and safety of the
general public served by the utility.
Provision of a protective casing.
The person or agency designated by the Village President
or Village Manager.
Materials, tools, implements, supplies, and/or other items
used to facilitate construction of facilities.
The making of a hole or cavity by removing material, or laying
bare by digging.
Pipe meeting ASTM standards for this pipe designation.
All structures, devices, objects, and materials (including,
but not limited to, track and rails, wires, ducts, fiber optic cable,
antennas, vaults, boxes, equipment enclosures, cabinets, pedestals,
poles, conduits, grates, covers, pipes, cables, and appurtenances
thereto) located on, over, above, along, upon, under, across, or within
rights-of-way under this article. For purposes of this article, the
term "facility" shall not include any facility owned or operated by
the Village.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access to a highway.
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the Village to pose an unreasonable and imminent risk to the life,
health or safety of persons or property or to the ecological balance
of the environment, including, but not limited to, explosives, radioactive
materials, petroleum or petroleum products or gases, poisons, etiology
(biological) agents, flammables, corrosives or any substance determined
to be hazardous or toxic under any federal or state law, statute or
regulation.
A specific type of right-of-way used for vehicular traffic,
including rural or urban roads or streets. "Highway" includes all
highway land and improvements, including roadways, ditches and embankments,
bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
The Illinois Highway Code (605 ILCS 5/1-101 et seq.), as
amended from time to time.
A person or entity that has received authorization to offer
or provide cable or video service from the ICC pursuant to the Illinois
Cable and Video Competition Law (220 ILCS 5/21-401).
Illinois Department of Transportation.
Illinois Commerce Commission.
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
The use of pole lines, trenches or other facilities by two
or more utilities.
The Joint Utility Locating Information for Excavators utility
notification program.
The intersection of two or more major arterial highways.
The presence of facilities on, over or under a right-of-way.
A facility that is generally parallel or longitudinal to
the center line of a right-of-way.
Any portion of the right-of-way not improved by street or
sidewalk.
The removal of an area of pavement for access to a facility
or for the construction of a facility.
That which is performable, feasible or possible, rather than
that which is simply convenient.
The internal force acting radially against the walls of a
carrier pipe expressed in pounds per square inch gauge (psig).
Pipelines carrying crude or refined liquid petroleum products,
including, but not limited to, gasoline, distillates, propane, butane,
or coal slurry.
That which is done within a period of time specified by the
Village. If no time period is specified, the period shall be 30 calendar
days.
A legal entity that constitutes or is part of the government,
whether at the local, state or federal level.
The repair of a right-of-way, easement, highway, roadway,
or other area disrupted by the construction of a facility.
Any street, alley, other land or waterway, dedicated or commonly
used for pedestrian or vehicular traffic or other similar purposes,
including utility 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.
That part of the highway that includes the pavement and shoulders.
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for its use or consumption and
not for sale.
That amount of security required pursuant to § 92-17.
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.
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
This term includes, but is not limited to, messages or information
transmitted through use of local, toll and wide-area telephone service,
channel services, telegraph services, teletypewriter service, computer
exchange service, private line services, mobile radio services, cellular
mobile telecommunications services, stationary two-way radio, paging
service and any other form of mobile or portable one-way or two-way
communications, and any other transmission of messages or information
by electronic or similar means, between or among points by wire, cable,
fiber optics, laser, microwave, radio, satellite, or similar facilities.
"Private line" means a dedicated 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.
Any person that installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications
in any form.
Includes every person engaged in making sales of telecommunications
at retail as defined herein.
A relatively narrow open excavation for the installation
of an underground facility.
The individual or entity owning or operating any facility
as defined in this article.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
That term as defined in Section 21-201(v) of the Illinois
Cable and Video Competition Law of 2007 [220 ILCS 21-201(v)].
The Village of Homer Glen.
The person or agency designated by the Village President
or Village Manager.
Pipelines carrying raw or potable water.
Boring using water under pressure at the cutting auger to
soften the earth and to provide a sluice for the excavated material.
Every utility that occupies a right-of-way within the Village shall register 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.
(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:
(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:
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"It is hereby understood and agreed that this policy may not
be canceled nor the intention not to renew be stated until 30 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."
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(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:
(6)
Markers. The Village may require the utility to provide a marker
at each right-of-way line where an underground facility other than
a power or communication facility crosses a highway. Each marker shall
identify the type of facility, the utility, and an emergency phone
number. Markers may also be eliminated as provided in current federal
regulations [49 CFR 192.707 (1989)].
D.
Facilities to be located within particular rights-of-way. The Village
may require that facilities be located within particular rights-of-way
that are not highways, rather than within particular highways.
F.
Facilities installed above ground. Aboveground facilities may be
installed only if:
(1)
No other existing facilities in the area are located underground;
(2)
New underground installation is not technically feasible and 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.
(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:
[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]
(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.
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.
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.
