[Added 1-8-2008 by Ord.
No. 4-2008; amended 7-24-2018 by Ord. No. 12-2018]
(A)
Purpose. The purpose of this article is to establish policies and
procedures for constructing facilities in rights-of-way within the
City's jurisdiction, which will provide public benefit consistent
with the preservation of the integrity, safe usage, and visual qualities
of the City rights-of-way and the City as a whole.
(B)
Intent. In enacting this article, the City intends to exercise its
authority over the rights-of-way in the City and, in particular, the
use of the public ways and property by utilities and wireless providers,
by establishing uniform standards to address issues presented by utility
and wireless facilities, including without limitation:
(1)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with the facilities and operations of the City's
utilities and of other facilities lawfully located in rights-of-way
or public property;
(4)
Protect against environmental damage, including damage to trees,
from the installation of utility and wireless facilities;
(5)
Protect against increased stormwater runoff due to structures and
materials that increase impermeable surfaces;
(6)
Preserve the character of the neighborhoods in which facilities are
installed;
(7)
Preserve open space, particularly the tree-lined parkways that characterize
the City's residential neighborhoods;
(8)
Prevent visual blight from the proliferation of facilities in the
rights-of-way; and
(9)
Assure the continued safe use and enjoyment of private properties
adjacent to facilities' locations.
(C)
Facilities subject to this article. This article applies to all facilities
on, over, above, along, upon, under, across, or within the rights-of-way
within the jurisdiction of the City. A facility lawfully established
prior to the effective date of this article may continue to be maintained,
repaired and operated by the utility or wireless provider 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 City, 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 City rights-of-way.
Utilities or wireless providers that are not required by law to enter
into such an agreement may request that the City enter into such an
agreement. In such an agreement, the City 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 has a franchise, license or similar agreement with the City,
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 City 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.
(3)
Wireless providers.
(a)
Existing agreements between the City and wireless providers
that relate to the collocation of small wireless facilities in the
right-of-way, including the collocation of small wireless facilities
on City utility poles, that are in effect on June 1, 2018, remain
in effect for all small wireless facilities collocated on the City's
utility poles pursuant to applications submitted to the City before
June 1, 2018, subject to applicable termination provisions contained
therein. Agreements entered into after June 1, 2018, shall comply
with this article.
(b)
A wireless provider that has an existing agreement with the
City on the effective date of the Small Wireless Facilities Deployment
Act, P.A. 100-0585,[1] may accept the rates, fees and terms that the City has
currently adopted for the collocation of small wireless facilities
or the installation of new utility poles for the collocation of small
wireless facilities that are the subject of an application submitted
two or more years after the effective date of the Act by notifying
the City that it opts to accept such rates, fees and terms. The existing
agreement remains in effect, subject to applicable termination provisions,
for the small wireless facilities the wireless provider has collocated
on the City's utility poles pursuant to applications submitted to
the City before the wireless provider provides such notice and exercises
its option under this subsection.
[1]
Editor's Note: See 50 ILCS 835/1 et seq.
(F)
Conflicts with other articles. This article supersedes all articles
or parts of articles adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
(G)
Conflicts with state and federal laws. In the event that applicable
federal or state laws or regulations conflict with the requirements
of this article, the utility or wireless provider 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 City shall use sound engineering
judgment when administering this article and may vary the standards,
conditions, and requirements expressed in this article when the City
so determines. Nothing herein shall be construed to limit the ability
of the City 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, unless the context in which they are used
shall indicate otherwise. When not inconsistent with the context,
words used in the present tense include the future, words in the singular
number include the plural number, and words in the plural number include
the singular number. The words "shall" and "will" are mandatory and
"may" is permissive. Words not defined shall be given their common
and ordinary meaning. Any term not defined in this section shall have
the meaning ascribed to it in 92 Ill. Adm. Code 530.30, as amended,
unless the context clearly requires otherwise.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Uniform building, fire, electrical, plumbing or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes, including the National Electric Safety
Code.
A person applying for a permit under this article.
A request submitted by an applicant to the City for a permit
to install a facility, or a request by a wireless provider to install
a new utility pole for collocation purposes.
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), as
amended.
That term as defined in 47 U.S.C. § 522(6), as
amended.
That term as defined in 47 U.S.C. § 522(7), as
amended.
The pipe enclosing the liquid, gas or slurry to be transported.
The structural protective enclosure for transmittal devices
such as: carrier pipes, electrical conductors, and fiber optic devices.
The City of Hometown.
The total roadside border area, starting at the edge of the
pavement, available for safe use by errant vehicles. This area may
consist of a shoulder, a recoverable slope, a nonrecoverable slope,
and a clear run-out area. The desired width is dependent upon the
traffic volumes and speeds, and on the roadside geometry. Distances
are specified in the AASHTO Roadside Design Guide.
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
The Municipal Code of Hometown.
To install, mount, maintain, modify, operate or replace wireless
facilities on or adjacent to a wireless support structure or utility
pole.
Cable service, as defined in 47 U.S.C. 522(6), as amended;
information service, as defined in 47 U.S.C. 153(24), as amended;
mobile service, as defined in 47 U.S.C. 153(53), as amended; or wireless
service other than mobile service.
A cable operator, as defined in 47 U.S.C. 522(5), as amended;
a provider of information service, as defined in 47 U.S.C. 153(24),
as amended; a telecommunications carrier, as defined in 47 U.S.C.
153(51), as amended; or a wireless provider.
Wire carrying electrical current.
Casing or encasement for wires or cables.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
City Council.
The depth of earth or backfill over buried utility pipe or
conductor.
A facility that crosses one or more right-of-way lines of
a right-of-way.
The Director of Public Works of the City, or designee.
Any work that obstructs the right-of-way or causes a material
adverse effect on the use of the right-of-way for its intended use.
Such work may include, without limitation, the following: excavating
or other cutting; placement (whether temporary or permanent) of materials,
equipment, devices, or structures; damage to vegetation; and compaction
or loosening of the soil, and shall not include the parking of vehicles
or equipment in a manner that does not materially obstruct the flow
of traffic on a highway.
Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right-of-way
or immediate maintenance required for the health and safety of the
general public served by the utility or wireless provider.
Any provision of a protective casing.
The City Engineer, or designee.
Materials, tools, implements, supplies, and/or other items
used to facilitate construction of facilities.
The making of a hole or cavity by removing material, or laying
bare by digging.
Pipe meeting ASTM standards for this pipe designation.
All structures, devices, objects, and materials (including,
but not limited to, track and rails, wires, ducts, fiber optic cable,
antennas, vaults, boxes, equipment enclosures, cabinets, pedestals,
poles, conduits, grates, covers, pipes, cables, and appurtenances
thereto) located on, over, above, along, upon, under, across, or within
rights-of-way under this article. For purposes of this article, the
term "facility" shall not include any facility owned or operated by
the City.
Federal Communications Commission of the United States.
A one-time charge.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
A 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 Director of Public Works to pose an unreasonable and imminent
risk to the life, health or safety of persons or property or to the
ecological balance of the environment, including, but not limited
to, explosives, radioactive materials, petroleum or petroleum products
or gases, poisons, etiology (biological) agents, flammables, corrosives
or any substance determined to be hazardous or toxic under any federal
or state law, statute or regulation.
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.
Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
A building, property, or site or group of buildings, properties
or sites that are either:
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register,
the individual who has been delegated the authority by the federal
agency to list properties and determine their eligibility for the
National Register, in accordance with §§ VI.D.2.a.i.
through VI.D.1.a.v of the Nationwide Programmatic Agreement, codified
at 47 CFR Part 1, Appendix C; or
Designated as a locally landmarked building, property, site,
or historic district by an ordinance adopted by the City pursuant
to a preservation program that meets the requirements of the Certified
Local Government Program of the Illinois State Historic Preservation
Office or where such certification of the preservation program by
the Illinois State Historic Preservation Office is pending.
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, as amended.
Illinois Commerce Commission.
Illinois Department of Transportation.
Joint Utility Locating Information for Excavators utility
notification program.
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 or wireless providers.
A federal or state statute, common law, code, rule, regulation,
order or local ordinance or resolution.
The intersection of two or more major arterial highways.
A small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width and 12 inches in height
and that has an exterior antenna, if any, no longer than 11 inches.
A utility pole owned or operated by the City in public rights-of-way.
The presence of facilities on, over or under right-of-way.
A facility that is generally parallel or longitudinal to
the centerline of a right-of-way.
Any portion of the right-of-way not improved by street or
sidewalk.
The removal of an area of pavement for access to facility
or for the construction of a facility.
A written authorization required by the City to perform an
action or initiate, continue or complete a project.
That entity to which a permit has been issued under this
article.
An individual, corporation, limited liability company, partnership,
association, trust or other entity or organization.
Pipelines carrying crude or refined liquid petroleum products
including, but not limited to, gasoline, distillates, propane, butane,
or coal-slurry.
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).
That which is done within a period of time specified by the
City. If no time period is specified, the period shall be 30 days.
A legal entity that constitutes or is part of the government,
whether at local, state or federal level.
The functional division of the federal government, the state,
a unit of local government or a special purpose district located in
whole or in part within this state that provides or has authority
to provide firefighting, police, ambulance, medical or other emergency
services to respond to and manage emergency incidents.
A recurring charge.
The repair of a right-of-way, highway, roadway, or other
area disrupted by the construction of a facility.
Any street, alley, other land or waterway, dedicated or commonly
used for pedestrian or vehicular traffic or other similar purposes,
including utility easements, in which the City has the right and authority
to authorize, regulate or permit the location of facilities, other
than those of the City. "Right-of-way" or rights-of-way" shall not
include any real or personal City property that is not specifically
described in the previous two sentences and shall not include City
buildings, fixtures and other structures or improvements, regardless
of whether they are situated in the right-of-way.
That part of the highway that includes the pavement and shoulders.
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for their use or consumption
and not for sale.
That amount of security required pursuant to § 5.82.
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 wireless facility that meets the following qualifications:
[Amended 12-11-2018 by Ord. No. 14-2018]
The facility:
Is mounted on a structure 50 feet or less in height, including
antennas, or
Is mounted on a structure no more than 10% taller than other
adjacent structures; or
Does not extend an existing structure on which it is located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
CFR § 17.1does not require antenna structure registration with the Federal Communications Commission under 47 CFR § 17.1 - 17-57;
The facility is not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facility does not result in human exposure to radiofrequency
radiation in excess of applicable safety standards.
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
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, stationary
two-way radio, paging service and any other form of mobile or portable
one-way or two-way communications, and any other transmission of messages
or information by electronic or similar means, between or among points
by wire, cable, fiber optics, laser, microwave, radio, satellite,
or similar facilities. "Private line" means a dedicated nontraffic-sensitive
service for a single customer that entitles the customer to exclusive
or priority use of a communications channel, or a group of such channels,
from one or more specified locations to one or more other specified
locations. "Telecommunications" shall not include value-added services
in which computer processing applications are used to act on the form,
content, code and protocol of the information for purposes other than
transmission. "Telecommunications" shall not include purchase of telecommunications
by a telecommunications service provider for use as a component part
of the service provided by such provider to the ultimate retail consumer
who originates or terminates the end-to-end communications. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984, (47 U.S.C.
§ 521 et seq.), as now or hereafter amended, or cable or
other programming services subject to an open video system fee payable
to the City through an open video system as defined in the rules of
the Federal Communications Commission (47 C.F.R. 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.
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, except that, for purposes of this article,
"utility" shall not include a wireless provider applying for a permit
to collocate, or already collocating, a small wireless facility in
the City's right-of-way.
A pole or similar structure that is used in whole or in part
by a communications service provider or for electric distribution,
lighting, traffic control or a similar function.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
That term as defined in § 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 ILCS 21-201(v), as amended.
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.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including equipment
associated with wireless communications, and radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration. Wireless
facility includes small wireless facilities. Wireless facility does
not include the structure or improvements on, under or within which
the equipment is collocated, or wireline backhaul facilities, coaxial
or fiber optic cable that is between wireless support structure or
utility poles or coaxial, or fiber optic cable that is otherwise not
immediately adjacent to or directly associated with an antenna.
Any person authorized to provide telecommunications service
in the state that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures or utility
and poles and that is not a wireless services provider but is acting
as an agent or a contractor for a wireless services provider for the
application submitted to the City.
A wireless infrastructure provider or a wireless services
provider applying for a permit to collocate, or already collocating,
a small wireless facility in the right-of-way in the City.
Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory
basis using licensed or unlicensed spectrum, whether at a fixed location
or mobile, provided using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or other existing or proposed
structure designed to support or capable of supporting wireless facilities.
Wireless support structure does not include a utility pole.
(A)
Annual registration. Every utility or wireless provider that occupies a right-of-way within the City shall register on January 1 of each year with the Director of Public Works, providing the utility's or wireless provider'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 or wireless provider in connection with emergencies involving the utility's or wireless provider'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 § 5.80 of this article, in the form of a certificate of insurance.
(B)
Wireless provider recurring annual rate. A wireless provider shall
pay to the City an annual recurring rate to collocate a small wireless
facility on a City utility pole located in a right-of-way that equals
$200 per year or the actual, direct and reasonable costs related to
the wireless provider's use of space on the City utility pole. If
the City has not billed the wireless provider actual and direct costs,
the fee shall be $200 payable on the first day after the first annual
anniversary of the issuance of the permit or notice of intent to collocate,
and on each annual anniversary date thereafter.
(A)
Permit required. No person shall construct any facility on, over,
above, along, upon, under, across, or within any City right-of-way
which changes the location of the facility, adds a new facility, disrupts
the right-of-way, or 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
Director of Public Works and obtaining a permit from the City 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 City and shall be
filed in such number of duplicate copies as the City 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, wireless provider or duly authorized representative
and shall contain, at a minimum, the following:
(1)
The utility's or wireless provider's name and address and telephone
and telecopy numbers;
(2)
The applicant's name and address, if different than the utility or
wireless provider, 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 or wireless provider has placed on file
with the City:
(a)
A written traffic control plan demonstrating the protective
measures and devices that will be employed consistent with the Illinois
Manual on Uniform Traffic Control Devices, to prevent injury or damage
to persons or property and to minimize disruptions to efficient pedestrian
and vehicular traffic; and
(b)
An emergency contingency plan which shall specify the nature
of potential emergencies, including, without limitation, construction
and hazardous materials emergencies, and the intended response by
the applicant. The intended response shall include notification to
the City 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 City finds
that additional information or assurances are needed;
(6)
Drawings, plans and specifications showing the work proposed, including
the certification of an engineer that such drawings, plans, and specifications
comply with applicable codes, rules, and regulations;
(11)
Such additional information as may be reasonably required by
the City.
(D)
Supplemental application requirements for specific types of utilities
or wireless providers. 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 or wireless provider
that is the subject of the permit application:
(1)
In the case of the installation of a new electric power, communications,
telecommunications, cable television service, video service or natural
gas distribution system, evidence that any "certificate of public
convenience and necessity" or other regulatory authorization that
the applicant is required by law to obtain, or that the applicant
has elected to obtain, has been issued by the ICC or other jurisdictional
authority;
(2)
In the case of natural gas systems, state the proposed pipe size,
design, construction class, and operating pressures;
(3)
In the case of water lines, indicate that all requirements of the
Illinois Environmental Protection Agency, Division of Public Water
Supplies, have been satisfied;
(4)
In the case of sewer line installations, indicate that the land and
water pollution requirements of the Illinois Environmental Protection
Agency, Division of Water Pollution Control and the Metropolitan Water
Reclamation District 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)
Consolidated applications for small cell wireless facilities. An
applicant seeking to collocate small wireless facilities within the
jurisdiction of the City shall be allowed, at the applicant's discretion,
to file a consolidated application and receive a single permit for
the collocation of up to 25 small wireless facilities if the collocations
each involve substantially the same type of small wireless facility
and substantially the same type of structure. If an application includes
multiple small wireless facilities, the City may remove small wireless
facility collocations from the application and treat separately small
wireless facility collocations for which incomplete information has
been provided or that do not qualify for consolidated treatment or
that are denied. The City may issue separate permits for each collocation
that is approved in a consolidated application.
(F)
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 or wireless provider in writing
to the City within 30 days after the change necessitating the amendment.
[Amended 12-11-2018 by Ord. No. 14-2018]
(A)
Utility facilities. For utility facilities, 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 of $1,000. 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 Act (35 ILCS 645/5-1 et seq.).
(B)
Small wireless facilities. The following fee schedule shall apply
to applications to collocate wireless facilities in the City's rights-of-way:
(1)
Applicants shall pay an application fee of $500 for an application
to collocate up to five small wireless facilities within the right-of-way
and $100 for each additional collocation in excess of five.
(2)
The City will not impose fees on wireless service providers for:
(a)
Routine maintenance;
(b)
The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the City at least 10 days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with § 5.79 of this article; or
(c)
The installation, placement, maintenance, operation or replacement
of micro wireless facilities suspended on cables that are strung between
existing utility poles in compliance with applicable safety codes.
(C)
Notwithstanding any contrary provision of state law or local ordinance,
applications pursuant to this article shall be accompanied by the
required application fee. Application fees shall be nonrefundable.
(A)
City review of utility permit applications. Completed permit applications
for utility facilities which contain all required documentation shall
be examined by the Director of Public Works within a reasonable time
after filing. If the application does not conform to the requirements
of applicable ordinances, codes, laws, rules, and regulations, the
Director of Public Works shall reject such application in writing,
stating the reasons therefor. If the Director of Public Works is satisfied
that the proposed work conforms to the requirements of this article
and applicable ordinances, codes, laws, rules, and regulations, the
Director of Public Works shall issue a permit therefor as soon as
practicable. In all instances, it shall be the duty of the applicant
to demonstrate, to the satisfaction of the Director of Public Works
that the construction proposed under the application shall be in full
compliance with the requirements of this article.
(B)
Additional City review of applications of telecommunications retailers.
(1)
Pursuant to § 4 of the Telephone Company Act (220 ILCS
65/4), a telecommunications retailer shall notify the City 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 City not less than 10 days
prior to the commencement of work requiring no excavation and not
less than 30 days prior to the commencement of work requiring excavation.
The Director of Public Works shall specify the portion of the right-of-way
upon which the facility may be placed, used and constructed.
(2)
In the event that the Director of Public Works fails to provide such
specification of location to the telecommunications retailer within
either 10 days after service of notice to the City by the telecommunications
retailer in the case of work not involving excavation for new construction
or 25 days after service of notice by the telecommunications retailer
in the case of work involving excavation for new construction, the
telecommunications retailer may commence work without obtaining a
permit under this article.
(3)
Upon the provision of such specification by the City, where a permit is required for work pursuant to § 5.74 of this article the telecommunications retailer shall submit to the City 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 City review of applications of holders of state authorization
under the Cable and Video Competition Law of 2007. Applications by
a utility that is a holder of a state-issued authorization under the
Cable and Video Competition Law of 2007 shall be deemed granted 45
days after submission to the City, unless otherwise acted upon by
the City, provided the holder has complied with applicable City codes,
ordinances, and regulations.
(D)
City review of wireless provider permit applications. The City shall
process applications for wireless facilities as follows:
[Amended 12-11-2018 by Ord. No. 14-2018]
(1)
The first completed application shall have priority over applications
received by different wireless facility applicants for collocation
on the same utility pole or wireless support structure.
(2)
Within 30 days after receiving an application, the City shall determine
whether the application is complete and notify the applicant. If an
application is incomplete, the City must specifically identify the
missing information. An application shall be deemed complete if the
City fails to provide notification to the applicant within 30 days
after all documents, information and fees specifically enumerated
in the City's permit application form are submitted by the applicant
to the City. Processing deadlines are tolled from the time the City
sends the notice of incompleteness to the time the applicant provides
the missing information.
(3)
An application to collocate a small wireless facility on an existing
utility pole or wireless support structure, or replacement of an existing
utility pole or wireless support structure, shall be processed on
a nondiscriminatory basis and shall be deemed approved if the City
fails to approve or deny the application within 60 days after the
submission of a completed application. However, if an applicant intends
to proceed with the permitted activity on a deemed approved basis,
the applicant shall notify the City in writing of its intention to
invoke the deemed approved remedy no sooner than 45 days after the
submission of a completed application. The permit shall be deemed
approved on the later of the 60th day after submission of the complete
application or the 10th day after the receipt of the deemed approved
notice by the City. The receipt of the deemed approved notice shall
not preclude the City's denial of the permit request within the time
limits as provided under this section.
(4)
An application to collocate a small wireless facility that includes
the installation of a new utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the City fails to approve or deny the
application within 90 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity
on a deemed approved basis, the applicant shall notify the City in
writing of its intention to invoke the deemed approved remedy no sooner
than 75 days after the submission of a completed application. The
permit shall be deemed approved on the later of the 90th day after
submission of the complete application or the 10th day after the receipt
of the deemed approved notice by the City. The receipt of the deemed
approved notice shall not preclude the City's denial of the permit
request within the time limits as provided under this section.
(5)
An application to collocate a wireless facility that does not meet
the definition of a "small wireless facility" under this article and
seeks installation on an existing utility pole or wireless support
structure shall be approved or denied by the City within 90 days.
(6)
An application to collocate a wireless facility that does not meet
the definition of a "small wireless facility" under this article and
requires construction of a new wireless support structure shall be
approved or denied by the City within 150 days.
(7)
The City shall deny an application which does not meet the requirements of this article. If the City determines that applicable codes, ordinances or regulations that concern public safety, or the requirements of § 5.79 of this article, require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
(a)
The City shall document the basis for a denial, including the
specific code provisions or application conditions on which the denial
is based, and send the documentation to the applicant on or before
the day the City denies an application. The applicant may cure the
deficiencies identified by the City and resubmit the revised application
once within 30 days after notice of denial is sent to the applicant
without paying an additional application fee. The City shall approve
or deny the revised application within 30 days after the applicant
resubmits the application or it is deemed approved. Failure to resubmit
the revised application within 30 days of denial shall require the
applicant to submit a new application with applicable fees and result
in recommencement of the City's review period.
(b)
The applicant must notify the City in writing of its intention
to proceed with the permitted activity on a deemed approved basis,
which may be submitted with the revised application. Any review of
a revised application shall be limited to the deficiencies cited in
the denial, except in cases in which the cure requires the review
of a new location, new or different structure to be collocated upon,
new antennas, or other wireless equipment associated with the small
wireless facility.
(8)
Pole attachment agreement. Upon approval of an application to collocate
a small wireless facility on a municipal utility pole, the City and
the applicant shall enter into a master pole attachment agreement
provided by the City for the initial collocation on a municipal utility
pole by the application. The City and the applicant shall enter into
a license supplement master pole attachment agreement for any permits
necessary for collocation on a municipal utility pole.
(A)
Authority granted; no property right or other interest created. A
permit from the City authorizes a permittee to undertake only certain
activities in accordance with this article on City 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 of utility facility permits. No permit issued under this
article for the construction of utility facilities 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)
Duration of small wireless facility permits.
(1)
For permits to collocate wireless facilities, the collocation must
be complete within 180 days after the issuance of the permit, unless
the City and the wireless provider agree to extend the period or a
delay is cause by make-ready work for a municipal utility pole or
by the lack of commercial power or backhaul availability at the site,
provided the wireless provider has made a timely request within 60
days after the issuance of the permit for commercial power or backhaul
services, and the additional time to complete installation does not
exceed 360 days after issuance of the permit. Otherwise, the permit
shall be void unless the City grants an extension in writing to the
applicant.
(2)
Wireless facility permits which meet the requirements of the preceding
paragraph shall be for a period of not less than five years, and the
permit shall be renewed for equivalent durations unless the City makes
a finding that the small wireless facilities or the new or modified
utility pole do not comply with the applicable City codes or any provision,
condition or requirement contained in this article.
(D)
Preconstruction meeting required. No construction shall begin pursuant
to a permit issued under this article prior to attendance by the permittee
and all major contractors and subcontractors who will perform any
work under the permit at a preconstruction meeting. The preconstruction
meeting shall be held at a date, time and place designated by the
City with such City representatives in attendance as the City deems
necessary. The meeting shall be for the purpose of reviewing the work
under the permit, and reviewing special considerations necessary in
the areas where work will occur, including, without limitation, presence
or absence of other facilities in the area and their locations, procedures
to avoid disruption of other facilities, use of rights-of-way by the
public during construction, and access and egress by adjacent property
owners.
(E)
Compliance with all laws required. The issuance of a permit by the
City does not excuse the permittee from complying with other requirements
of the City and applicable statutes, laws, ordinances, rules, and
regulations.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the City within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this article, it shall be treated as a request for variance in accordance with § 5.93 of this article. If the City 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.
The following requirements and conditions shall apply only to
collocation of small wireless facilities, as defined by this article:
(A)
Permitted use. Collocation of small wireless facilities on City utility
poles is a permitted use in the City rights-of-way as long as such
facilities meet the requirements of this article.
(B)
Public safety space reservation. The City may reserve space on municipal
utility poles for future public safety uses, for the City's electric
utility uses, or both, but a reservation of space may not preclude
the collocation of a small wireless facility unless the City reasonably
determines that the municipal utility pole cannot accommodate both
uses.
(C)
Installation and maintenance. The wireless provider shall install,
maintain, repair and modify its small wireless facilities in a safe
condition and in good repair and in compliance with the requirements
and conditions of this article. The wireless provider shall ensure
that its employees, agents or contractors that perform work in connection
with its small wireless facilities are adequately trained and skilled
in accordance with all applicable industry and governmental standards
and regulations.
(D)
Make-ready requirements.
(1)
The City may require make-ready work on an existing utility pole
to ensure structural integrity, compliance with an approved City plan,
or to comply with any ordinance, law or regulation. The City will
not require more make-ready work than required to meet applicable
codes or industry standards. Make-ready work may include work needed
to accommodate additional public safety communications needs that
are identified in a documented and approved plan for the deployment
of public safety equipment as specified and included in an existing
or preliminary City or public service agency plan. Fees for make-ready
work, including any City utility pole attachment, shall not exceed
actual costs or the amount charged to communications service providers
for similar work and shall not include any consultants' fees or expenses
for City utility poles that do not support aerial facilities used
to provide communications services or electric service. Make-ready
work, including any pole replacement, shall be completed within 60
days of written acceptance of the good-faith estimate by the City
at the wireless provider's sole cost and expense.
(2)
For City utility poles that support aerial facilities used to provide
communications services or electric services, a wireless provider
shall comply with the process for make-ready work under 47 U.S.C.
224 and its implementing regulations. Wireless providers shall follow
a substantially similar process for such make-ready work except to
the extent that the timing requirements are otherwise addressed by
this article. The good-faith estimate of the person owning or controlling
City's utility pole for any make-ready work necessary to enable the
pole to support the requested collocation shall include City utility
pole replacement, if necessary. Make-ready work for utility poles
that support aerial facilities used to provide communications services
or electric services may include reasonable consultants' fees and
expenses.
(E)
No interference with public safety communication frequencies.
(1)
The wireless provider's operation of the small wireless facilities
shall not interfere with the frequencies used by a public safety agency
for public safety communications. A wireless provider shall install
small wireless facilities of the type and frequency that will not
cause unacceptable interference with a public safety agency's communications
equipment. Unacceptable interference will be determined by and measured
in accordance with industry standards and the FCC's regulations addressing
unacceptable interference to public safety spectrum or any other spectrum
licensed by a public safety agency.
(2)
If a small wireless facility causes such interference, and the wireless
provider has been given written notice of the interference by the
public safety agency, the wireless provider, at its own expense, shall
remedy the interference in a manner consistent with the abatement
and resolution procedures for interference with public safety spectrum
established by the FCC including 47 CFR 22.970 through 47 CFR 22.973
and 47 CFR 90.672 through 47 CFR 90.675. The City may terminate a
permit for a small wireless facility based on such interference if
the wireless provider is not in compliance with the Code of Federal
Regulations. Failure to remedy the interference as required herein
shall constitute a public nuisance.
(F)
Electric distribution or transmission system. The wireless provider
shall not collocate small wireless facilities on City utility poles
that are part of an electric distribution or transmission system within
the communication worker safety zone of the pole or the electric supply
zone of the pole. However, the antenna and support equipment of the
small wireless facility may be located in the communications space
on the City utility pole and on the top of the pole, if not otherwise
unavailable, if the wireless provider complies with applicable codes
for work involving the top of the pole. For purposes of this section,
the terms "communications space," "communication worker safety zone,"
and "electric supply zone" have the meanings given to those terms
in the National Electric Safety Code as published by the Institute
of Electrical and Electronics Engineers.
(G)
Public safety. The wireless provider shall comply with all applicable
codes and local code provisions or regulations that concern public
safety.
(H)
Design standards. The wireless provider shall comply with written
design standards that are generally applicable for decorative utility
poles, or reasonable stealth, concealment and aesthetic requirements
that are set forth in any City ordinance, written policy adopted by
the City, a comprehensive plan or other written design plan that applies
to other occupiers of the rights-of-way, including on an historic
landmark or in an historic district.
(I)
Alternate placements.
(1)
Except as provided in this section, a wireless provider shall not
be required to collocate small wireless facilities on any specific
utility pole, or category of utility poles, or be required to collocate
multiple antenna systems on a single utility pole. However, with respect
to an application for the collocation of a small wireless facility
associated with a new utility pole, the City may propose that the
small wireless facility be collocated on an existing utility pole
or existing wireless support structure within 100 feet of the proposed
collocation, which the applicant shall accept if it has the right
to use the alternate structure on reasonable terms and conditions,
and the alternate location and structure does not impose technical
limits or additional material costs as determined by the applicant.
(2)
If the applicant refuses a collocation proposed by the City, the
applicant shall provide written certification describing the property
rights, technical limits or material cost reasons the alternate location
does not satisfy the criteria in this subsection.
(J)
Height limitations. The maximum height of a small wireless facility
shall be no more than 10 feet above the utility pole or wireless support
structure on which the small wireless facility is collocated. New
or replacement utility poles or wireless support structures on which
small wireless facilities are collocated may not exceed the higher
of:
(1)
Ten feet in height above the tallest existing utility pole, other
than a utility pole supporting only wireless facilities, that is in
place on the date the application is submitted to the City, that is
located within 300 feet of the new or replacement utility pole or
wireless support structure and that is in the same right-of-way within
the jurisdictional boundary of the City, provided the City may designate
which intersecting right-of-way within 300 feet of the proposed utility
pole or wireless support structures shall control the height limitation
for such facility; or
(2)
Forty-five feet above ground level.
(K)
Height exceptions or variances. If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility has proposed for collocation, the applicant shall apply for a variance in conformance with procedures, terms and conditions set forth in § 5.93 of this article.
(L)
Contractual design requirements. The wireless provider shall comply
with requirements that are imposed by a contract between the City
and a private property owner that concern design or construction standards
applicable to utility poles and ground-mounted equipment located in
the right-of-way.
(A)
Required coverages and limits for utilities.
(1)
Unless otherwise provided by franchise, license, or similar agreement,
each utility occupying rights-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 City, and its elected and appointed officers, officials, agents,
and employees as additional insureds on the policies listed in Subsection
(A)(1)(a) and (b) below:
(a)
Commercial general liability insurance, including premises-operations,
explosion, collapse, and underground hazard (commonly referred to
as "X," "C," and "U" coverages) and products-completed operations
coverage with limits not less than:
(b)
Automobile liability for owned, nonowned and hired vehicles
with a combined single limit of $1,000,000 for personal injury and
property damage for each accident;
(c)
Worker's compensation with statutory limits; and
(d)
Employer's liability insurance with limits of not less than
$1,000,000 per employee and per accident.
(2)
If the utility is not providing such insurance to protect the contractors
and subcontractors performing the work, then such contractors and
subcontractors shall comply with this section.
(B)
Required coverages and limits for wireless providers.
(1)
Wireless providers shall carry, at the wireless provider's own cost
and expense, the following insurance:
(a)
Property insurance for its property's replacement cost against
all risks;
(b)
Worker's compensation insurance, as required by law; or
(c)
Commercial general liability insurance with respect to its activities
on the City right-of-way to afford minimum protection limits as described
in Subsection (A)(1)(a) above.
(2)
The wireless provider shall include the City as an additional insured
on the commercial general liability policy and provide certification
and documentation of inclusion of the City in a commercial general
liability policy prior to the collocation of any wireless facility.
(C)
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.
(D)
Copies required. The utility or wireless provider shall provide copies
of any of the policies required by this section to the City within
10 days following receipt of a written request therefor from the City.
(E)
Maintenance and renewal of required coverages.
(1)
The insurance policies required by this section shall contain the
following endorsement: "It is hereby understood and agreed that this
policy may not be canceled nor the intention not to renew be stated
until 30 days after receipt by the City, by registered mail or certified
mail, return receipt requested, of a written notice addressed to the
City President of such intent to cancel or not to renew."
(2)
Within 10 days after receipt by the City of said notice, and in no
event later than 10 days prior to said cancellation, the utility or
wireless provider shall obtain and furnish to the City evidence of
replacement insurance policies meeting the requirements of this section.
(F)
Self-insurance. A utility or wireless provider may self-insure all
or a portion of the insurance coverage and limit requirements under
this section. A utility or wireless provider 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 this section.
A utility or wireless provider that elects to self-insure shall provide
to the City evidence sufficient to demonstrate its financial ability
to self-insure the insurance coverage and limit requirements required
under Subsections (A) and (B) of this section, such as evidence that
the utility or wireless provider is a "private self insurer" under
the Workers Compensation Act.
(G)
Effect of insurance and self-insurance on utility's or wireless provider's
liability. The legal liability of the utility or the wireless provider
to the City 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.
(H)
Insurance companies. All insurance provided pursuant to this section
shall be effected under valid and enforceable policies, issued by
insurers legally able to conduct business with the licensee in the
State of Illinois.
By occupying or constructing facilities in the right-of-way,
a utility or wireless provider shall be deemed to agree to defend,
indemnify and hold the City 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 wireless provider
or their affiliates, officers, employees, agents, contractors or subcontractors
in the construction of facilities or occupancy of the rights-of-way,
and in providing or offering service over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
article or by a franchise, license, or similar agreement; provided,
however, that the utility's or wireless provider'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 City, 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 City occasioned
by the permittee's failure to comply with any codes, rules, regulations,
orders, permits and other directives of the City issued pursuant to
this article; and
(3)
The payment by permittee of all liens and all damages, claims, costs,
or expenses that the City 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 City
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 City from the permittee pursuant to this article or any other
applicable law.
(B)
Form. The permittee shall provide the security fund to the City in
the form, at the permittee's election, of cash, a surety bond in a
form acceptable to the City, or an unconditional letter of credit
in a form acceptable to the City. Any surety bond or letter of credit
provided pursuant to this subsection shall, at a minimum:
(1)
Provide that it will not be canceled without prior notice to the
City and the permittee;
(2)
Not require the consent of the permittee prior to the collection
by the City of any amounts covered by it; and
(3)
Provide a location convenient to the City 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 Director of Public Works, and
may also include reasonable, directly related costs that the City
estimates are likely to be incurred if the permittee fails to perform
such restoration. Where the construction of facilities proposed under
the permit will be performed in phases in multiple locations in the
City, 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 Director of Public
Works may, in the exercise of sound discretion, allow the permittee
to post a single amount of security which shall be applicable to each
phase of the construction under the permit. The amount of the security
fund for phased construction shall be equal to the greatest amount
that would have been required under the provisions of this Subsection
(C) for any single phase.
(D)
Withdrawals. The City, upon 14 days' advance written notice clearly
stating the reason for, and its intention to exercise withdrawal rights
under this subsection, may withdraw an amount from the security fund,
provided that the permittee has not reimbursed the City 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 City for any damages, claims, costs or expenses
which the City 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 City
determines can be remedied by an expenditure of an amount in the security
fund.
(E)
Replenishment. Within 14 days after receipt of written notice from
the City 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 City, upon written request for said withdrawal to the City, 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 City 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
City to the extent necessary to cover any reasonable costs, loss or
damage incurred by the City 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 City with respect
to the security fund are in addition to all other rights of the City,
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 City may have. Notwithstanding
the foregoing, the City shall not be entitled to a double monetary
recovery with respect to any of its rights which may be infringed
or otherwise violated.
(A)
City right to revoke permit. The City 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 City 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 section.
(C)
Permittee alternatives upon receipt of notice of revocation or suspension.
(1)
Upon receipt of a written notice of revocation or suspension from
the City, the permittee shall have the following options:
(a)
Immediately provide the City with evidence that no cause exists
for the revocation or suspension;
(b)
Immediately correct, to the satisfaction of the City, the deficiencies
stated in the written notice, providing written proof of such correction
to the City 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 City providing written proof of such removal
to the City within 10 days after receipt of the written notice of
revocation.
(2)
The City 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 City 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
City or its designee may, at the option of the City:
(1)
Correct the deficiencies;
(2)
Upon not less than 20 days' notice to the permittee, remove the subject
facilities or equipment; or
(3)
After not less than 30 days' notice to the permittee of failure to
cure the noncompliance, deem them abandoned and property of the City.
The permittee shall be liable in all events to the City for all costs
of removal.
(A)
Notification of change. A utility or wireless provider shall notify
the City no less than 30 days prior to the transfer of ownership of
any facility in the right-of-way or change in identity of the utility
or wireless provider. The new owner shall have all the obligations
and privileges enjoyed by the former owner under the permit, if any,
and applicable laws, ordinances, rules and regulations, including
this article, with respect to the work and facilities in the right-of-way.
(B)
Amended permit. A new owner shall request that any current permit
be amended to show current ownership. If the new owner fails to have
a new or amended permit issued in its name, the new owner shall be
presumed to have accepted, and agreed to be bound by, the terms and
conditions of the permit if the new owner uses the facility or allows
it to remain on the City'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, as amended);
(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 Director of Public Works shall determine, in
the exercise of sound engineering judgment, which principles apply
and such decision shall be final. If requested, the Director of Public
Works shall state which standard or principle will apply to the construction,
maintenance, or operation of a facility in the future.
(A)
Minimum requirements. The City's minimum requirements for traffic
protection are contained in the Illinois Manual on Uniform Traffic
Control Devices and this Code.
(B)
Warning signs, protective devices, and flaggers. The utility or wireless
provider 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 or wireless provider'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 or wireless provider 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 § 5.92 of this article, the utility or wireless provider shall provide such notice as is practicable under the circumstances.
(E)
Compliance. The utility or wireless provider shall take immediate
action to correct any deficiencies in traffic protection requirements
that are brought to the utility's or wireless provider's attention
by the City.
(A)
General requirements. In addition to location requirements applicable
to specific types of facilities, all facilities, regardless of type,
shall be subject to the general location requirements of this subsection.
(1)
No interference with City facilities. No facilities shall be placed
in any location if the Director of Public Works determines that the
proposed location will require the relocation or displacement of any
of the City's utility facilities or will otherwise interfere with
the operation or maintenance of any of the City'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 facility shall be placed in any location
that interferes with the usual travel on such right-of-way.
(4)
No limitations on visibility. No facility shall be placed in any
location so as to limit visibility of or by users of the right-of-way.
(B)
Size of utility facilities. For utility facilities only, 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. Wireless facilities shall comply with size limitations described in § 5.79 of this article.
(C)
Parallel facilities located within highways.
(1)
Overhead parallel facilities. An overhead parallel facility may be
located within the right-of-way lines of a highway only if:
(a)
Lines are located as near as practicable to the right-of-way
line and as nearly parallel to the right-of-way line as reasonable
pole alignment will permit;
(b)
Where pavement is curbed, poles are as remote as practicable
from the curb with a minimum distance of two feet (0.6 m) behind the
face of the curb, where available;
(c)
Where pavement is uncurbed, poles are as remote from pavement
edge as practicable with minimum distance of four feet (1.2 m) outside
the outer shoulder line of the roadway and are not within the clear
zone;
(d)
No pole is located in the ditch line of a highway; and
(e)
Any ground-mounted appurtenance is located within one foot (0.3
m) of the right-of-way line or as near as possible to the right-of-way
line.
(2)
Underground parallel facilities. An underground parallel facility
may be located within the right-of-way lines of a highway only if:
(a)
The facility is located as near the right-of-way line as practicable
and not more than eight feet (2.4 m) from and parallel to the right-of-way
line;
(b)
A new facility may be located under the paved portion of a highway
only if other locations are impracticable or inconsistent with sound
engineering judgment (e.g., a new cable may be installed in existing
conduit without disrupting the pavement); and
(c)
In the case of an underground power or communications line,
the facility shall be located as near the right-of-way line as practicable
and not more than five feet (1.5 m) from the right-of-way line and
any above-grounded appurtenance shall be located within one foot (0.3
m) of the right-of-way line or as near as practicable.
(D)
Facilities crossing highways.
(1)
No future disruption. The construction and design of crossing facilities
installed between the ditch lines or curb lines of City highways may
require the incorporation of materials and protections (such as encasement
or additional cover) to avoid settlement or future repairs to the
roadbed resulting from the installation of such crossing facilities.
(2)
Cattle passes, culverts, or drainage facilities. Crossing facilities
shall not be located in cattle passes, culverts, or drainage facilities.
(3)
Ninety-degree crossing required. Crossing facilities shall cross
at or as near to a 90° angle to the center line as practicable.
(4)
Overhead power or communication facility. An overhead power or communication
facility may cross a highway only if:
(a)
It has a minimum vertical line clearance as required by ICC's
rules entitled, "Construction of Electric Power and Communication
Lines" (83 Ill. Adm. Code 305);
(b)
Poles are located within one foot (0.3 m) of the right-of-way
line of the highway and outside of the clear zone; and
(c)
Overhead crossings at major intersections are avoided.
(5)
Underground power or communication facility. An underground power
or communication facility may cross a highway only if:
(6)
Markers. The City may require the utility or wireless provider 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 or wireless
provider, and an emergency phone number. Markers may also be eliminated
as provided in current Federal regulations [49 C.F.R. 192.707(1989),
as amended].
(E)
Utility facilities to be located within particular rights-of-way.
The City may require that utility facilities be located within particular
rights-of-way that are not highways, rather than within particular
highways.
(G)
Utility facilities installed above the ground. Aboveground utility
facilities may be installed only if:
(1)
No other existing facilities in the area are located underground;
(2)
New underground installation is not technically feasible; and
(3)
The proposed installation will be made at a location, and will employ
suitable design and materials, to provide the greatest protection
of aesthetic qualities of the area being traversed without adversely
affecting safety. Suitable designs include, but are not limited to,
self-supporting armless, single-pole construction with vertical configuration
of conductors and cable. Existing utility poles and light standards
shall be used wherever practicable; the installation of additional
utility poles is strongly discouraged.
(H)
Utility facility attachments to bridges or roadway structures.
(1)
Facilities may be installed as attachments to bridges or roadway
structures only where the utility has demonstrated that all other
means of accommodating the facility are not practicable. Other means
shall include, but are not limited to, underground, underwater, independent
poles, cable supports and tower supports, all of which are completely
separated from the bridge or roadway structure. Facilities transmitting
commodities that are volatile, flammable, corrosive, or energized,
especially those under significant pressure or potential, present
high degrees of risk and such installations are not permitted.
(2)
A utility shall include in its request to accommodate a facility
installation on a bridge or roadway structure supporting data demonstrating
the impracticability of alternate routing. Approval or disapproval
of an application for facility attachment to a bridge or roadway structure
will be based upon the following considerations:
(a)
The type, volume, pressure or voltage of the commodity to be
transmitted and an evaluation of the resulting risk to persons and
property in the event of damage to or failure of the facility;
(b)
The type, length, value, and relative importance of the highway
structure in the transportation system;
(c)
The alternative routings available to the utility and their
comparative practicability;
(d)
The proposed method of attachment;
(e)
The ability of the structure to bear the increased load of the
proposed facility;
(f)
The degree of interference with bridge maintenance and painting;
(g)
The effect on the visual quality of the structure; and
(h)
The public benefit expected from the utility service as compared
to the risk involved.
(I)
Not applicable to wireless providers. The requirements under Subsections (G) and (H) of this section are only applicable to utilities, and shall not apply to wireless provider seeking to collocate or already collocating small wireless facilities in the rights-of-way. Wireless providers must comply with the requirements of § 5.79 of this article.
(J)
Appearance standards.
(1)
The City may require that utilities or wireless providers install
screening or otherwise camouflage 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.
(a)
Pits and shoring. Boring or jacking under rights-of-way shall
be accomplished from pits located at a minimum distance specified
by Director of Public Works from the edge of the pavement. Pits for
boring or jacking shall be excavated no more than 48 hours in advance
of boring or jacking operations and backfilled within 48 hours after
boring or jacking operations are completed. While pits are open, they
shall be clearly marked and protected by barricades. Shoring shall
be designed, erected, supported, braced, and maintained so that it
will safely support all vertical and lateral loads that may be imposed
upon it during the boring or jacking operation.
(b)
Wet boring or jetting. Wet boring or jetting shall not be permitted
under the roadway.
(c)
Borings with diameters greater than six inches. Borings over
six inches (0.15 m) in diameter shall be accomplished with an auger
and following pipe, and the diameter of the auger shall not exceed
the outside diameter of the following pipe by more than one inch (25
mm).
(d)
Borings with diameters six inches or less. Borings of six inches
or less in diameter may be accomplished by either jacking guided with
auger or auger and following pipe method.
(e)
Tree preservation. Any facility located within the drip line
of any tree designated by the City 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 Director of Public Works.
(b)
Open trench and excavated material. Open trench and windrowed
excavated material shall be protected as required by the 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 or wireless provider shall not
trench within the drip line of any tree designated by the City 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 or wireless provider shall be responsible
to remove and restore any backfilled area that has settled due to
construction of the facility. If so ordered by the Director of Public
Works, the utility or wireless provider, at its expense, shall remove
any pavement and backfill material to the top of the installed facility,
place and properly compact new backfill material, and restore new
pavement, sidewalk, curbs, and driveways to the proper grades, as
determined by the Director of Public Works.
(4)
Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this Subsection A(4) is permitted under § 5.93, 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
City.
(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 City.
(b)
The venting, if any, of any encasement shall extend within one
foot (0.3 m) of the right-of-way line. No aboveground vent pipes shall
be located in the area established as clear zone for that particular
section of the highway.
(c)
In the case of water main or service crossing, encasement shall
be furnished between bore pits unless continuous pipe or City-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 City.
Bell and spigot type pipe shall be encased regardless of installation
method.
(d)
In the case of gas pipelines of 60 psig or less, encasement
may be eliminated.
(f)
If encasement is eliminated for a gas or petroleum products
pipeline, the facility shall be located so as to provide that construction
does not disrupt the right-of-way.
(6)
Minimum cover of underground facilities. Cover shall be provided
and maintained at least in the amount specified in the following table
for minimum cover for the type of facility:
|
Type of Facility
|
Minimum Cover
|
|---|---|
|
Electric lines
|
30 inches (0.8 m)
|
|
Communication, cable or video service lines
|
18 to 24 inches (0.6 m, as determined by City)
|
|
Gas or petroleum products
|
30 inches (0.8 m)
|
|
Water line
|
Sufficient cover to provide freeze protection
|
|
Sanitary sewer, storm sewer, or drainage line
|
Sufficient cover to provide freeze protection
|
(B)
Standards and requirements for particular types of facilities.
(1)
Electric power or communication lines.
(a)
Code compliance. Electric power or communications facilities
within City rights-of-way shall be constructed, operated, and maintained
in conformity with the provisions of 83 Ill. Adm. Code Part 305 (formerly
General Order 160 of the Illinois Commerce Commission) entitled "Rules
for Construction of Electric Power and Communications Lines," and
the National Electrical Safety Code.
(b)
Overhead facilities. Overhead power or communication facilities
shall use single-pole construction and, where practicable, joint use
of poles shall be used. Utilities or wireless providers 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.
(i)
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.
(ii)
If a crossing is installed by boring or jacking,
encasement shall be provided between jacking or bore pits. Encasement
may be eliminated only if:
(iii)
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 City. Weather
permitting, utilities shall bury all temporary drops, excluding snowdrops,
within 10 business days after placement.
(2)
Underground facilities other than electric power or communication
lines. Underground facilities other than electric power or communication
lines may be installed by:
(a)
The use of "moles," "whip augers," or other approved methods
which compress the earth to move the opening for the pipe;
(b)
Jacking or boring with vented encasement provided between the
ditch lines or toes of slopes of the highway;
(c)
Open trench with vented encasement between ultimate ditch lines
or toes of slopes, but only if prior to roadway construction; or
(d)
Tunneling with vented encasement, but only if installation is
not possible by other means.
(3)
Gas transmission, distribution and service. Gas pipelines within
rights-of-way shall be constructed, maintained, and operated in a
City-approved manner and in conformance with the Federal Code of the
Office of Pipeline Safety Operations, Department of Transportation,
Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum
Federal Safety Standards (49 CFR 192), IDOT's Standard Specifications
for Road and Bridge Construction, and all other applicable laws, rules,
and regulations.
(4)
Petroleum products pipelines. Petroleum products pipelines within
rights-of-way shall conform to the applicable sections of ANSI Standard
Code for Pressure Piping. (Liquid Petroleum Transportation Piping
Systems ANSI-B 31.4).
(5)
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 Director of Public
Works. With the approval of the Director of Public Works, shrubbery
surrounding the appurtenance may be used in place of vegetation-free
area. The housing for ground-mounted appurtenances shall be painted
a neutral color to blend with the surroundings.
(C)
Materials.
(1)
General standards. The materials used in constructing facilities
within rights-of-way shall be those meeting the accepted standards
of the appropriate industry, the applicable portions of IDOT's Standards
Specifications for Road and Bridge Construction, the requirements
of the Illinois Commerce Commission, or the standards established
by other official regulatory agencies for the appropriate industry.
(2)
Material storage on right-of-way. No material shall be stored on
the right-of-way without the prior written approval of the 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
City.
(3)
Hazardous materials. The plans submitted by the utility or wireless
provider to the City 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 City, 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 City, the hours of construction
are those set forth in the Code.
(E)
Location of existing facilities. Any utility or wireless provider
proposing to construct facilities in the City 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 City will make its permit records available
to a utility or wireless provider for the purpose of identifying possible
facilities. When notified of an excavation or when requested by the
City or by J.U.L.I.E., a utility or wireless provider shall locate
and physically mark its underground facilities within 48 hours, excluding
weekends and holidays, in accordance with the Illinois Underground
Facilities Damage Prevention Act (220 ILCS 50/1 et seq.).
(A)
Electric utilities: compliance with state laws and regulations. An
electric utility shall conduct all tree-trimming and vegetation control
activities in the right-of-way in accordance with applicable Illinois
laws and regulations, and additionally, with such local franchise
or other agreement with the City as permitted by law.
(B)
Other utilities or wireless providers: tree trimming permit required.
Tree trimming that is done by any other utility or wireless provider
with facilities in the right-of-way and that is not performed pursuant
to applicable Illinois laws and regulations specifically governing
the same, shall not be considered a normal maintenance operation,
but shall require the application for, and the issuance of, a permit,
in addition to any other permit required under this article.
(1)
Application for tree trimming permit. Applications for tree trimming
permits shall include assurance that the work will be accomplished
by competent workers with supervision who are experienced in accepted
tree pruning practices. Tree trimming permits shall designate an expiration
date in the interest of assuring that the work will be expeditiously
accomplished.
(2)
Damage to trees. Poor pruning practices resulting in damaged or misshapen
trees will not be tolerated and shall be grounds for cancellation
of the tree trimming permit and for assessment of damages. The City
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
City 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 City 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 paragraph, no utility or wireless
provider shall spray, inject or pour any chemicals on or near any
trees, shrubs or vegetation in the City 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 or wireless provider demonstrates
to the satisfaction of the Director of Public Works that such spraying
is the only practicable method of vegetation control.
(A)
Notice. Within 90 days following written notice from the City, a
utility or wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any 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 City improvement in or
upon, or the operations of the City in or upon, the rights-of-way.
(B)
Removal of unauthorized facilities. Within 30 days following written
notice from the City, any utility or wireless provider 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 City retains the
right and privilege to cut or move any facilities located within the
rights-of-way of the City, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency.
If circumstances permit, the municipality shall attempt to notify
the utility or wireless provider, if known, prior to cutting or removing
a facility and shall notify the utility or wireless provider, if known,
after cutting or removing a facility.
(D)
Wireless provider options upon removal of a City utility pole. The
City may eliminate aboveground utility poles as long as such decision
is made on a nondiscriminatory basis. In the event the City chooses
to eliminate a utility pole upon which a small wireless facility is
collocated, the City will either:
(1)
Install and maintain a reasonable alternative utility pole or wireless
support structure for the collocation of the small wireless facility;
(2)
Offer to sell the utility pole to the wireless provider at a reasonable
cost; or
(3)
Allow the wireless provider to install its own utility pole so it
can maintain service from that location.
(E)
Abandonment of facilities. Upon abandonment of a facility within
the rights-of-way of the City, the utility or wireless provider shall
notify the City within 90 days. Following receipt of such notice the
City may direct the utility or wireless provider to remove all or
any portion of the facility if the 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 City does not direct the
utility or wireless provider that abandoned the facility to remove
it, by giving notice of abandonment to the City, the abandoning utility
or wireless provider shall be deemed to consent to the alteration
or removal of all or any portion of the facility by another utility
or person.
(F)
Small wireless facilities deemed abandoned. A small wireless facility
that is not operated for a continuous period of 12 months shall be
considered abandoned. The owner of the facility shall remove the small
wireless facility within 90 days after receipt of written notice from
the City notifying the wireless provider of the abandonment. The notice
shall be sent by certified or registered mail, return receipt requested,
by the City to the owner at the last known address of the wireless
provider. If the small wireless facility is not removed within 90
days of such notice, the City may remove or cause the removal of such
facility pursuant to the terms of its pole attachment agreement for
municipal utility poles or through whatever actions are provided for
abatement of nuisances or by other law for removal and cost recovery.
The utility or wireless provider shall remove all excess material
and restore all turf and terrain and other property within 10 days
after any portion of the rights-of-way are disturbed, damaged or destroyed
due to construction or maintenance by the utility or wireless provider,
all to the satisfaction of the City. This includes restoration of
entrances and side roads. Restoration of roadway surfaces shall be
made using materials and methods approved by the Director of Public
Works. Such cleanup and repair may be required to consist of backfilling,
regrading, reseeding, resodding, or any other requirement to restore
the right-of-way to a condition substantially equivalent to that which
existed prior to the commencement of the project. The time period
provided in this section may be extended by the Director of Public
Works for good cause shown.
(A)
General. Facilities on, over, above, along, upon, under, across,
or within rights-of-way are to be maintained by or for the utility
or wireless provider in a manner satisfactory to the City and at the
utility's or wireless provider'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 or wireless provider 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 or wireless provider shall, as soon
as possible, notify the Director of Public Works or his or her duly
authorized agent of the emergency, informing him or her as to what
steps have been taken for protection of the traveling public and what
will be required to make the necessary repairs. If the nature of the
emergency is such as to interfere with the free movement of traffic,
the City police shall be notified immediately.
(3)
In an emergency, the utility or wireless provider 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 or wireless provider must file in
writing with the City a description of the repairs undertaken in the
right-of-way within 48 hours after an emergency repair.
(A)
Request for variance. A utility or wireless provider requesting a
variance from one or more of the provisions of this article must do
so in writing to the Director of Public Works as a part of the permit
application. The request shall identify each provision of this article
from which a variance is requested and the reasons why a variance
should be granted.
(B)
Authority to grant variances. The Director of Public Works shall
decide whether a variance is authorized for each provision of this
article identified in the variance request on an individual basis.
(C)
Conditions for granting of variance. The Director of Public Works
may authorize a variance only if the utility or wireless provider
requesting the variance has demonstrated that:
(1)
One or more conditions not under the control of the utility or wireless
provider (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 Director of Public Works may require
the utility or wireless provider requesting the variance to meet reasonable
standards and conditions that may or may not be expressly contained
within this article but which carry out the purposes of this article.
(E)
Right to appeal. Any utility or wireless provider aggrieved by any
order, requirement, decision or determination, including denial of
a variance, made by the Director of Public Works under the provisions
of this article shall have the right to appeal to the City Council,
or such other board or commission as it may designate. The application
for appeal shall be submitted in writing to the City Clerk within
30 days after the date of such order, requirement, decision or determination.
The City Council shall commence its consideration of the appeal at
the Council's next regularly scheduled meeting occurring at least
seven days after the filing of the appeal. The City Council shall
timely decide the appeal.
The Circuit Court of Cook County shall have exclusive jurisdiction
to resolve all disputes arising under the Small Wireless Facilities
Deployment Act. Pending resolution of a dispute concerning rates for
collocation of small wireless facilities on municipal utility poles
within the right-of-way, the City shall allow the collocating person
to collocate on its poles at annual rates of no more than $200 per
year per municipal utility pole, with rates to be determined upon
final resolution of the dispute.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this article shall be subject to fine in accordance with the penalty provisions of § 1.03 of this Code. There may be times when the City will incur delay or other costs, including third-party claims, because the utility or wireless provider will not or cannot perform its duties under its permit and this article. Unless the utility or wireless provider shows that another allocation of the cost of undertaking the requested action is appropriate, the utility or wireless provider shall bear the City'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 City. Sanctions may be imposed upon a utility or wireless provider 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 City may have for enforcement of this
article.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
