[HISTORY: Adopted by the City Council of the City of El Paso 6-20-2016 by Ord. No. 985. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to establish policies and
procedures for constructing facilities on rights-of-way within the
City of El Paso's jurisdiction, which will provide public benefit
consistent with the preservation of the integrity, safe usage, and
visual qualities of the City of El Paso rights-of-way and the City
of El Paso as a whole.
B.
Conflicts with other chapters and laws. This chapter supersedes all
chapters or parts of chapters adopted prior hereto that are in conflict
herewith, to the extent of such conflict. In the event that applicable
federal or state laws or regulations conflict with the requirements
of this chapter, the utility shall comply with the requirements of
this chapter to the maximum extent possible without violating federal
or state laws or regulations.
As used in this chapter and unless the context clearly requires
otherwise, the words and terms listed shall have the meanings ascribed
to them in this section. Any term not defined in this section shall
have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30,
unless the context clearly requires otherwise.
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.
The City of El Paso.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
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.
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 chapter. For purposes of this chapter, the
term "facility" shall not include any facility owned or operated by
the City of El Paso.
A specific type of right-of-way used for vehicular traffic,
including rural or urban roads or streets. "Highway" includes all
highway land and improvements, including roadways, ditches and embankments,
bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
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 of El Paso has the
right and authority to authorize, regulate or permit the location
of facilities other than those of the City of El Paso.
The individual or entity owning or operating any facility
as defined in this chapter.
A.
Permit required. No person shall construct (as defined in this chapter)
any facility on, over, above, along, upon, under, across, or within
any City of El Paso right-of-way which 1) changes the location of
the facility, 2) adds a new facility, 3) disrupts the right-of-way
(as defined in this chapter), 4) damages the right-of-way, or 5) materially
increases the amount of area or space occupied by the facility on,
over, above, along, under across or within the right-of-way, without
first filing an application with the City of El Paso for a permit
therefor. 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
chapter shall be filed with the City of El Paso Clerk, who shall forward
such applications to the City of El Paso Director of Public Works
or his/her designee. 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 permit application requirements. A permit application under
this chapter shall contain, at a minimum, the following:
(1)
The utility's name and address and telephone and telecopy numbers;
(2)
The applicant's name and address, if different than the utility,
its telephone, telecopy numbers, e-mail address, and its interest
in the work;
(3)
The names, addresses and telephone and telecopy numbers and e-mail
addresses of all professional consultants, if any, advising the applicant
with respect to the application;
(4)
A general description of the proposed work and the purposes and intent
of the facility and the uses to which the facility will be put. The
scope and detail of such description shall be appropriate to the nature
and character of the work to be performed, with special emphasis on
those matters likely to be affected or impacted by the work proposed;
(5)
Evidence that the utility has placed on file with the City of El
Paso:
(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 of El Paso 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 of El Paso 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;
(9)
Such additional information as may be reasonably required by the
City of El Paso.
D.
Applicant's duty to update information. Throughout the entire permit
application review period and the construction period authorized by
the permit, any amendments to information contained in a permit application
shall be submitted by the utility in writing to the City of El Paso
within 30 days after the change necessitating the amendment.
E.
Application fees. Unless otherwise provided by franchise, license,
or similar agreement, all applications for permits pursuant to this
chapter shall be accompanied by a fee as set forth in the fee schedule.
No application fee is required to be paid by any electricity utility
that is paying the municipal electricity infrastructure maintenance
fee pursuant to the Electricity Infrastructure Maintenance Fee Law
(35 ILCS 645/15 et seq.). Notwithstanding the foregoing, no application
fees or permit fees shall be required from any telecommunications
providers.
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1057]
F.
Permit fees. Unless otherwise provided by franchise, license, or
similar agreement, permit fees pursuant to this chapter shall be as
set forth in the fee schedule. Fees for total closure of the street
shall be double the single-lane fees. Each permit will cover up to
one mile in length. Additional permits will be required for each additional
mile. Notwithstanding the foregoing, no application fees or permit
fees shall be required from any telecommunications providers.
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1057]
A.
City of El Paso review of permit applications. Completed permit applications,
containing all required documentation, shall be examined by the City
of El Paso Director of Public Works or his/her designee within a reasonable
time after filing. If the application does not conform to the requirements
of applicable ordinances, codes, laws, rules, and regulations, the
City of El Paso Director of Public Works or his/her designee shall
reject such application in writing, stating the reasons therefor.
If the City of El Paso Director of Public Works or his/her designee
is satisfied that the proposed work conforms to the requirements of
this chapter and applicable ordinances, codes, laws, rules, and regulations,
the City of El Paso Director of Public Works or his/her designee shall
issue a permit therefor as soon as practicable. In all instances,
it shall be the duty of the applicant to demonstrate, to the satisfaction
of the City of El Paso Director of Public Works or his/her designee
that the construction proposed under the application shall be in full
compliance with the requirements of this chapter.
B.
Additional City of El Paso review of applications of holders of state
authorization under the Cable and Video Competition Law of 2007. Applications
by a utility that is a holder of a state-issued authorization under
the Cable and Video Competition Law of 2007 (220 ILCS 5/21-100 et
seq.) shall be deemed granted 45 days after submission to the City
of El Paso, unless otherwise acted upon by the City of El Paso, provided
the holder has complied with applicable City of El Paso codes, ordinances,
and regulations.
A.
Authority granted; no property right or other interest created. A
permit from the City of El Paso authorizes a permittee to undertake
only certain activities in accordance with this chapter on City of
El Paso rights-of-way, and does not create a property right or grant
authority to the permittee to impinge upon the rights of others who
may have an interest in the rights-of-way.
B.
Duration. No permit issued under this chapter 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.
Compliance with all laws required. The issuance of a permit by the
City of El Paso does not excuse the permittee from complying with
other requirements of the City of El Paso and applicable statutes,
laws, ordinances, rules, and regulations.
A.
Required coverages and limits.
(1)
Unless otherwise provided by franchise, license, or similar agreement, each utility occupying a right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the City of El Paso 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, non-owned and hired vehicles
with a combined single limit of $1,000,000 for personal injury and
property damage for each accident;
(c)
Worker's compensation with statutory limits; and
(d)
Employer's liability insurance with limits of not less than
$1,000,000 per employee and per accident.
(2)
If the utility is not providing such insurance to protect the contractors
and subcontractors performing the work, then such contractors and
subcontractors shall comply with this section.
B.
Excess or umbrella policies. The coverages required by this section
may be in any combination of primary, excess, and umbrella policies.
Any excess or umbrella policy must provide excess coverage over underlying
insurance on a following-form basis such that when any loss covered
by the primary policy exceeds the limits under the primary policy,
the excess or umbrella policy becomes effective to cover such loss.
C.
Copies required. The utility shall provide copies of any of the policies
required by this section to the City of El Paso within 10 days, or
at the time a utility makes a permit application under this chapter.
D.
Maintenance and renewal of required coverages.
(1)
The insurance policies required by this section shall contain the
following endorsement:
|
"It is hereby understood and agreed that this policy may not
be canceled nor the intention not to renew be stated until 30 days
after receipt by the City of El Paso, by registered mail or certified
mail, return receipt requested, of a written notice addressed to the
City of El Paso Director of Public Works of such intent to cancel
or not to renew."
|
(2)
Within 10 days after receipt by the City of El Paso of said notice,
and in no event later than 10 days prior to said cancellation, the
utility shall obtain and furnish to the City of El Paso evidence of
replacement insurance policies meeting the requirements of this section.
E.
Self-insurance. A self-insured utility otherwise meeting the requirements of Subsection A is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection A, or the requirements of Subsections B, C and D of this section. A utility that elects to self-insure shall provide to the City of El Paso evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection A of this section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act.
F.
Effect of insurance and self-insurance on utility's liability. The
legal liability of the utility to the City of El Paso and any person
for any of the matters that are the subject of the insurance policies
or self-insurance required by this section shall not be limited by
such insurance policies or self-insurance or by the recovery of any
amounts thereunder.
G.
Insurance companies. All insurance provided pursuant to this section
shall be effected under valid and enforceable policies, issued by
insurers legally able to conduct business with the licensee in the
State of Illinois.
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
City of El Paso and its elected and appointed officials and officers,
employees, agents and representatives harmless from and against any
and all injuries, claims, demands, judgments, damages, losses and
expenses, including reasonable attorney's fees and costs of suit or
defense, arising out of, resulting from or alleged to arise out of
or result from the negligent, careless or wrongful acts, omissions,
failures to act or misconduct of the utility or its affiliates, officers,
employees, agents, contractors or subcontractors in the construction
of facilities or occupancy of the rights-of-way, and in providing
or offering service over the facilities, whether such acts or omissions
are authorized, allowed or prohibited by this chapter or by a franchise,
license, or similar agreement; provided, however, that the utility's
indemnity obligations hereunder shall not apply to any injuries, claims,
demands, judgments, damages, losses or expenses arising out of or
resulting from the negligence, misconduct or breach of this chapter
by the City of El Paso, its officials, officers, employees, agents
or representatives.
A.
City of El Paso right to revoke permit. The City of El Paso may revoke
or suspend a permit issued pursuant to this chapter for one or more
of the following reasons:
(1)
Fraudulent, false, misrepresenting, or materially incomplete statements
in the permit application;
(2)
Noncompliance with this chapter.
(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.
(4)
Permittee's failure to construct the facilities substantially in
accordance with the permit and approved plans.
(5)
Permittee's failure to immediately report to the City of El Paso
Director of Public Works any damages to City utilities.
(6)
Permittee's failure to compensate the City of El Paso for any City
utilities that must be repaired by City employees or a third party
due to damages incurred during construction.
(7)
Permittee's failure to employ a licensed plumber to repair any private
potable water service line or sanitary sewer main or service due to
any damages incurred during construction.
B.
Notice of revocation or suspension. The City of El Paso shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee under this § 232-8.
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 of El Paso, the permittee shall have the following options:
(a)
Immediately provide the City of El Paso with evidence that no
cause exists for the revocation or suspension;
(b)
Immediately correct, to the satisfaction of the City of El Paso,
the deficiencies stated in the written notice, providing written proof
of such correction to the City of El Paso 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 of El Paso, providing written proof
of such removal to the City of El Paso within 10 days after receipt
of the written notice of revocation.
(2)
The City of El Paso 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 of El Paso 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 of El Paso or its designee may, at the option of the City of El Paso: 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 of El Paso. The permittee shall be liable in all events to the City of El Paso for all costs of removal.
A.
Minimum requirements. The City of El Paso's minimum requirements
for traffic protection are contained in IDOT's Illinois Manual on
Uniform Traffic Control Devices and this Code.
B.
Warning signs, protective devices, and flaggers. The utility is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary, meeting applicable federal, state, and local
requirements for protection of the public and the utility's workers
when performing any work on the rights-of-way.
C.
Interference with traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
D.
Notice when access is blocked. At least 48 hours prior to beginning
work that will partially or completely block access to any residence,
business or institution, the utility shall notify the resident, business
or institution of the approximate beginning time and duration of such
work; provided, however, that in cases involving emergency repairs
under this chapter, the utility shall provide such notice as is practicable
under the circumstances.
E.
Compliance. The utility shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the utility's attention by the City of El Paso.
A.
General requirements. In addition to location requirements applicable
to specific types of utility facilities, all utility facilities, regardless
of type, shall be subject to the general location requirements of
this subsection.
(1)
No interference with City of El Paso facilities. No utility facilities
shall be placed in any location if the City of El Paso Director of
Public Works or his/her designee determines that the proposed location
will require the relocation or displacement of any of the City of
El Paso's utility facilities or will otherwise interfere with the
operation or maintenance of any of the City of El Paso's utility facilities.
(2)
Minimum interference and impact. The proposed location shall cause
only the minimum possible interference with the use of the right-of-way
and shall cause only the minimum possible impact upon, and interference
with the rights and reasonable convenience of property owners who
adjoin said right-of-way.
(3)
No interference with travel. No utility facility shall be placed
in any location that interferes with the usual travel on such right-of-way.
(4)
No limitations on visibility. No utility facility shall be placed
in any location so as to limit visibility of or by users of the right-of-way.
(5)
Size of utility facilities. The proposed installation shall use the
smallest suitable vaults, boxes, equipment enclosures, power pedestals,
and/or cabinets then in use by the facility owner, regardless of location,
for the particular application.
C.
Facilities installed above ground. Above-ground 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.
D.
Appearance standards.
(1)
The City of El Paso may prohibit the installation of facilities in
particular locations in order to preserve visual quality.
(2)
A facility may be constructed only if its construction does not require
extensive removal or alteration of trees or terrain features visible
to the right-of-way user or to adjacent residents and property owners,
and if it does not impair the aesthetic quality of the lands being
traversed.
A.
Backfilling.
(1)
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, latest edition. When excavated material
is hauled away or is unsuitable for backfill, suitable granular backfill
shall be used.
(2)
For a period of three years from the date construction of a facility
is completed, the utility shall be responsible to remove and restore
any backfilled area that has settled due to construction of the facility.
If so ordered by the City of El Paso Director of Public Works or his/her
designee, the utility, at its expense, shall remove any pavement and
backfill material to the top of the installed facility, place and
properly compact new backfill material, and restore new pavement,
sidewalk, curbs, and driveways to the proper grades, as determined
by the City of El Paso Director of Public Works or his/her designee.
B.
Pavement cuts and potholing. 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 B is permitted under this chapter, the following requirements shall apply:
(1)
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 City of El Paso Director of Public Works or his/her
designee.
(2)
Restoration of pavement and potholing, 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 of El Paso.
(3)
All saw cuts shall be full depth.
(4)
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.
C.
Minimum cover of underground facilities. Cover shall be provided
and maintained at least in the amount specified in the following table
for minimum cover for the type of facility:
|
Type of Facility
|
Minimum Cover
| |
|---|---|---|
|
Electric lines
|
30 inches (0.8 m)
| |
|
Communication, cable or video service lines
|
18 inches to 24 inches (0.6 m, as determined by City of El Paso)
| |
|
Gas or petroleum products
|
30 inches (0.8 m)
| |
|
Water line
|
48 inches
| |
|
Sanitary sewer, storm sewer, or drainage line
|
Sufficient cover to provide freeze protection (36 inches minimum)
|
D.
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 City of El Paso Director
of Public Works or his/her designee. With the approval of the City
of El Paso Director of Public Works or his/her designee, shrubbery
surrounding the appurtenance may be used in place of a vegetation-free
area. The housing for ground-mounted appurtenances shall be painted
a neutral color to blend with the surroundings.
E.
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 City of
El Paso Director of Public Works or his/her designee. 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 of El Paso.
F.
Operational restrictions.
(1)
Construction operations on rights-of-way may, at the discretion of
the City of El Paso, 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 City of El Paso Director
of Public Works or his/her designee when emergency work is required
to restore vital utility services.
(3)
Unless otherwise permitted by the City of El Paso, the hours of construction
are 7:00 a.m. until 5:00 p.m. Monday through Friday. Work on weekends
and holidays will not be permitted unless emergency work is required.
G.
Location of existing facilities. Any utility proposing to construct
facilities in the City of El Paso shall contact J.U.L.I.E. and ascertain
the presence and location of existing above-ground and underground
facilities within the rights-of-way to be occupied by its proposed
facilities. The City of El Paso will make its permit records available
to a utility for the purpose of identifying possible facilities. When
notified of an excavation or when requested by the City of El Paso
or by J.U.L.I.E., a utility shall locate and physically mark its underground
facilities within 48 hours, excluding weekends and holidays, in accordance
with the Illinois Underground Utility Facilities Damage Prevention
Act (220 ILCS 50/1 et seq.).
H.
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.
(1)
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 City Director of Public Works.
(2)
Open trench and excavated material.
(a)
Open trench and windrowed excavated material shall be protected as
required by Chapter 6 of the Illinois Manual on Uniform Traffic Control
Devices. Where practicable, the excavated material shall be deposited
between the roadway and the trench as added protection.
(b)
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.
(3)
Drip line of trees. The utility shall not trench within the drip
line of any tree designated by the City to be preserved.
I.
Boring or jacking.
(1)
Pits and shoring. Boring or jacking under rights-of-way shall be
accomplished from pits located at a minimum distance specified by
the City 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.
(2)
Wet boring or jetting. Wet boring or jetting shall not be permitted
under the roadway.
(3)
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).
(4)
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.
(5)
Expose existing utilities.
(a)
When the drill path crosses an existing utility, the contractor
shall expose the utility by vacuum excavation or hand digging to verify
the location and depth of the facility. Where applicable, the contractor
shall leave open a window to the exposed facility so the bore head
and back-reamer can be visually monitored. When clearance from a utility
is required to be maintained, the required clearance shall include
both horizontal and vertical clearances from the nearest edge of the
existing facility to the closest edge of the largest diameter back
reamer to be used along the drill path.
(b)
Required clearance for existing sewer lines and water lines:
three feet horizontal and 1.5 feet vertical.
(c)
When the drill path is parallel to and within three feet of
an existing sewer or water line, the contractor shall expose by vacuum
excavation or hand digging at reasonable intervals to confirm clearance
to the adjacent utility. The contractor shall be responsible for televising
sewer lines for a damage analysis if so requested by the City.
(6)
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.
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 of El Paso as permitted by law.
B.
Other utilities: tree trimming permit required. Tree trimming that
is done by any other utility with facilities in the right-of-way,
and that is not performed pursuant to applicable Illinois laws and
regulations specifically governing same, shall not be considered a
normal maintenance operation, but shall require the application for,
and the issuance of, a permit, in addition to any other permit required
under this chapter.
(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
of El Paso 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 of El Paso 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 of El Paso
may require that special measures be taken to preserve specimen trees
or trees of special significance. The required measures may consist
of higher poles, side arm extensions, covered wire or other means.
D.
Chemical use.
(1)
Except as provided in the following subsection, no utility shall
spray, inject or pour any chemicals on or near any trees, shrubs or
vegetation in the City of El Paso for any purpose, including the control
of growth, insects or disease.
(2)
Spraying of any type of brush-killing chemicals will not be permitted
on rights-of-way unless the utility demonstrates to the satisfaction
of the City of El Paso Director of Public Works or his/her designee
that such spraying is the only practicable method of vegetation control.
A.
Notice. Within 90 days following written notice from the City of
El Paso, a utility shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any utility facilities within the rights-of-way whenever the corporate
authorities have determined that such removal, relocation, change
or alteration is reasonably necessary for the construction, repair,
maintenance, or installation of any City of El Paso improvement in
or upon, or the operations of the City of El Paso in or upon, the
rights-of-way.
B.
Removal of unauthorized facilities. Within 30 days following written
notice from the City of El Paso, any utility that owns, controls,
or maintains any unauthorized facility or related appurtenances within
the rights-of-way shall, at its own expense, remove all or any part
of such facilities or appurtenances from the rights-of-way. A facility
is unauthorized and subject to removal in the following circumstances:
(1)
Upon expiration or termination of the permittee's license or franchise,
unless otherwise permitted by applicable law;
(2)
If the facility was constructed or installed without the prior grant
of a license or franchise, if required;
(3)
If the facility was constructed or installed without prior issuance
of a required permit in violation of this chapter; 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 of El Paso
retains the right and privilege to cut or move any facilities located
within the rights-of-way of the City of El Paso, as the City of El
Paso may determine to be necessary, appropriate or useful in response
to any public health or safety emergency. If circumstances permit,
the municipality shall attempt to notify the utility, if known, prior
to cutting or removing a facility and shall notify the utility, if
known, after cutting or removing a facility.
D.
Abandonment of facilities. Upon abandonment of a facility within
the rights-of-way of the City of El Paso, the utility shall notify
the City of El Paso within 90 days. Following receipt of such notice,
the City of El Paso may direct the utility to remove all or any portion
of the facility if the City of El Paso Director of Public Works or
his/her designee determines that such removal will be in the best
interest of the public health, safety and welfare. In the event that
the City of El Paso does not direct the utility that abandoned the
facility to remove it, by giving notice of abandonment to the City
of El Paso, the abandoning utility shall be deemed to consent to the
alteration or removal of all or any portion of the facility by another
utility or person.
The utility shall remove all excess material and restore all
pavement, turf, terrain, and other property within 10 days after any
portion of the rights-of-way is disturbed, damaged or destroyed due
to construction or maintenance by the utility, all to the satisfaction
of the City of El Paso. This includes restoration of entrances and
side roads. Restoration of roadway surfaces shall be made using materials
and methods approved by the City of El Paso Director of Public Works
or his/her designee. 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 City of
El Paso Director of Public Works or his/her designee for good cause
shown.
A.
General. Facilities on, over, above, along, upon, under, across,
or within rights-of-way are to be maintained by or for the utility
in a manner satisfactory to the City of El Paso and at the utility's
expense.
B.
Emergency maintenance procedures. Emergencies may justify noncompliance
with normal procedures for securing a permit:
(1)
If an emergency creates a hazard on the traveled portion of the right-of-way,
the utility shall take immediate steps to provide all necessary protection
for traffic on the highway or the public on the right-of-way, including
the use of signs, lights, barricades or flaggers. If a hazard does
not exist on the traveled way, but the nature of the emergency is
such as to require the parking on the shoulder of equipment required
in repair operations, adequate signs and lights shall be provided.
Parking on the shoulder in such an emergency will only be permitted
when no other means of access to the facility is available.
(2)
In an emergency, the utility shall, as soon as possible, notify the
City of El Paso Director of Public Works or his/her designee or his
or her duly authorized agent of the emergency, informing him or her
as to what steps have been taken for protection of the traveling public
and what will be required to make the necessary repairs. If the nature
of the emergency is such as to interfere with the free movement of
traffic, the City of El Paso police shall be notified immediately.
(3)
In an emergency, the utility shall use all means at hand to complete
repairs as rapidly as practicable and with the least inconvenience
to the traveling public.
C.
Emergency repairs. The utility must file in writing with the City
of El Paso a description of the repairs undertaken in the right-of-way
within 48 hours after an emergency repair.
A.
Request for variance. A utility requesting a variance from one or
more of the provisions of this chapter must do so in writing to the
City of El Paso Director of Public Works or his/her designee as a
part of the permit application. The request shall identify each provision
of this chapter from which a variance is requested and the reasons
why a variance should be granted.
B.
Authority to grant variances. The City of El Paso Director of Public
Works or his/her designee shall decide whether a variance is authorized
for each provision of this chapter identified in the variance request
on an individual basis.
C.
Conditions for granting of variance. The City of El Paso Director
of Public Works or his/her designee may authorize a variance only
if the utility requesting the variance has demonstrated that:
(1)
One or more conditions not under the control of the utility (such
as terrain features or an irregular right-of-way line) create a special
hardship that would make enforcement of the provision unreasonable,
given the public purposes to be achieved by the provision; and
(2)
All other designs, methods, materials, locations or facilities that
would conform with the provision from which a variance is requested
are impracticable in relation to the requested approach.
D.
Additional conditions for granting of a variance. As a condition
for authorizing a variance, the City of El Paso Director of Public
Works or his/her designee may require the utility requesting the variance
to meet reasonable standards and conditions that may or may not be
expressly contained within this chapter but which carry out the purposes
of this chapter.
E.
Right to appeal. Any utility aggrieved by any order, requirement,
decision or determination, including denial of a variance, made by
the City of El Paso Director of Public Works or his/her designee under
the provisions of this chapter, shall have the right to appeal to
the City of El Paso Zoning Board, or such other board or commission
as it may designate. The application for appeal shall be submitted
in writing to the City of El Paso Clerk within 30 days after the date
of such order, requirement, decision or determination. The City of
El Paso Zoning Board shall commence its consideration of the appeal
at the Zoning Board's next regularly scheduled meeting occurring at
least seven days after the filing of the appeal. The City of El Paso
Zoning Board shall timely decide the appeal.
[Amended 2-6-2017 by Ord.
No. 994]
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of this Code (see Chapter 1, Article IV). There may be times when the City of El Paso will incur delay or other costs, including third-party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the City of El Paso'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 of El Paso. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it.
Nothing in this chapter shall be construed as limiting any additional
or further remedies that the City of El Paso may have for enforcement
of this chapter.
