[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
A.
Purpose: The purpose of this chapter is to establish policies and
procedures for constructing facilities on 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 chapter, 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 establishing uniform standards
to address issues presented by small wireless facilities and utility
facilities, including without limitation:
1.
Preventing interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
2.
Preventing the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
3.
Preventing interference with the facilities and operations of the
City's utilities and of other utilities lawfully located in rights-of-way
or public property;
4.
Protect against environmental damage, including damage to trees,
from the installation of facilities;
5.
Protecting against increased stormwater run-off due to structures
and materials that increase impermeable surfaces;
6.
Preserving the character of the neighborhoods in which facilities
are installed;
7.
Preserving open space, particularly the tree-lined parkways that
characterize the City's residential neighborhoods;
8.
Preventing 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 Chapter: This chapter 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 chapter may continue to be maintained,
repaired and operated by the wireless provider or utility as presently
constructed and located, except as may be otherwise provided in any
applicable franchise, license or similar agreement.
D.
Franchises, Licenses, Or Similar Agreements: The City, in its discretion
and as limited by law, may require wireless providers or 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 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 chapter.
E.
Effect Of Franchises, Licenses, Or Similar Agreements:
1.
Utilities Other Than Telecommunications Providers: In the event that
a utility other than a telecommunications provider has a franchise,
license or similar agreement with the 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 chapter 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.
F.
Conflicts With Other Chapters: This chapter supersedes all chapters
or parts of chapters 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 chapter, the utility shall comply with the requirements of
this chapter 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 chapter and may exercise the power described in Section 7-7-23 of this chapter to vary the standards, conditions, and requirements expressed in this chapter 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.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 III. Adm. Code Section 530.30,
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 any type of wireless
communications services.
A person applying for a permit under this chapter.
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.
As defined in 47 U.S.C. § 522(5).
As defined in 47 U.S.C. § 522(6).
As defined in 47 U.S.C. § 522(7).
The pipe enclosing the liquid, gas or slurry to be transported.
A structural protective enclosure for transmittal devices
such as: carrier pipes, electrical conductors, and fiber optic devices.
The City of Le Roy, McLean County.
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 non-recoverable 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 the City of Le Roy.
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; telecommunications service, as defined in 47 U.S.C. § 153(53),
as amended; mobile service, as defined in 47 U.S.C. § 153(33),
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.
A casing or encasement for wires or cables.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
The depth of earth or backfill over buried utility pipe or
conductor.
A facility that crosses one or more right-of-way lines of
a right-of-way.
For the purposes of this chapter, any work that obstructs
the right-of-way or causes a material adverse effect on the use of
the right-of-way for its intended use. Such work may include, without
limitation, the following: excavating or other cutting; placement
(whether temporary or permanent) of materials, equipment, devices,
or structures; damage to vegetation; and compaction or loosening of
the soil, and shall not include the parking of vehicles or equipment
in a manner that does not materially obstruct the flow of traffic
on a highway.
Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right-of-way
or immediate maintenance required for the health and safety of the
general public served by the utility.
Provision of a protective casing.
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, small wireless facilities,
as defined in this chapter, 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.
A facility that is not a crossing facility or a parallel
facility, such as a monopole, utility pole, antenna, transformer,
pump, or meter station.
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access to a highway.
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the City Street Superintendent to pose an unreasonable and imminent
risk to the life, health or safety of persons or property or to the
ecological balance of the environment, including, but not limited
to explosives, radioactive materials, petroleum or petroleum products
or gases, poisons, etiology (biological) agents, flammables, corrosives
or any substance determined to be hazardous or toxic under any Federal
or State law, statute or regulation.
A specific type of right-of-way used for vehicular traffic
including rural or urban roads or streets. "Highway" includes all
highway land and improvements, including roadways, ditches and embankments,
bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
The Illinois Highway Code, 605 Illinois Compiled Statutes
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: a) listed in the National Register of Historic
Places or formally determined eligible for listing by the Keeper of
the National Register, the individual who has been delegated the authority
by the Federal agency to list properties and determine their eligibility
for the National Register, in accordance with Section VI.D.1.a.i through
Section VI.D.1.a.v of the Nationwide Programmatic Agreement codified
at 47 CFR Part 1, Appendix C; or b) 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 Illinois Compiled Statutes 5/21-401.
Illinois Commerce Commission.
Illinois Department of Transportation.
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
The use of pole lines, trenches or other facilities by two
or more utilities.
The Joint Utility Locating Information for Excavators Utility
Notification Program.
The intersection of two or more major arterial highways.
A structure composed of a single spire, pole or tower designed
and principally used to support antennas or related equipment and
that is not a utility pole.
Infrastructure in the public right-of-way within the boundaries
of the City, including, but not limited to, streetlights, traffic
signals, towers, structures, or buildings owned, operated or maintained
by the City.
The presence of facilities on, over or under right-of-way.
A facility that is generally parallel or longitudinal to
the center line of a right-of-way.
Any portion of the right-of-way not improved by street or
sidewalk.
The removal of an area of pavement for access to facility
or for the construction of a facility.
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 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 Section 7-7-11 of this chapter.
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 both of the following qualifications:
a) each antenna is located inside an enclosure of no more than six
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and b) all
other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than 25 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
The City Street Superintendent or his designee.
This term includes, but is not limited to, messages or information
transmitted through use of local, toll and wide area telephone service,
channel services, telegraph services, teletypewriter service, computer
exchange service, private line services, mobile radio services, cellular
mobile telecommunications services, stationary two-way radio, paging
service and any other form of mobile or portable one-way or two-way
communications, and any other transmission of messages or information
by electronic or similar means, between or among points by wire, cable,
fiber optics, laser, microwave, radio, satellite, or similar facilities.
"Private line" means a dedicated non-traffic sensitive service for
a single customer that entitles the customer to exclusive or priority
use of a communications channel, or a group of such channels, from
one or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value added services in which
computer processing applications are used to act on the form, content,
code and protocol of the information for purposes other than transmission.
"Telecommunications" shall not include purchase of telecommunications
by a telecommunications service provider for use as a component part
of the service provided by such provider to the ultimate retail consumer
who originates or terminates the end-to-end communications. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
§ 521 and following), 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 CFR 76.1500 and
following), as now or hereafter amended.
Any person that installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications
in any form.
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
that is not a small wireless facility as defined in this section.
An upright pole designed and used to support electric cables,
telephone cables, telecommunication cables, cable service cables,
which are used to provide lighting, traffic control, signage, or a
similar function.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
As defined in Section 21-201(v) of the Illinois Cable and
Video Competition Law of 2007, 220 Illinois Compiled Statutes 21-201(v).
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: a)
equipment associated with wireless communications; and b) 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: a) the structure or improvements on, under,
or within which the equipment is collocated; or b) 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
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 service
provider.
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.
[Ord. 18-06-02-90, 6-18-2018]
Every wireless provider or utility that occupies right-of-way within the City shall register on January 1 of each year with the Street Superintendent, providing the registrant's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on its behalf in connection with emergencies involving the registrant'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 Section 7-7-9 of this chapter, in the form of a certificate of insurance.
[Ord. No. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 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), or 4) 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 Engineer and obtaining a permit from the City therefor, except
as otherwise provided in this chapter.
No application, approval, or permit shall be required for routine
maintenance, the replacement of small 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,
or the installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are suspended on cables strung between
existing utility poles in compliance with applicable Safety Codes.
The City may require a permit to work within the right-of-way for
activities that affect traffic patterns or that require lane closures.
B.
Permit Application: All applications for permits pursuant to this
chapter 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. The application for a small wireless facility,
along with supporting information and notices, must be submitted to
the Street Superintendent.
C.
Minimum General Application Requirements: The application shall be
made by the wireless provider or utility or the duly authorized representative
and shall contain, at a minimum, the following:
1.
The wireless provider's or utility's name and address and telephone
and telecopy numbers;
2.
The applicant's name and address, if different than the wireless
provider or 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 wireless provider or utility 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;
8.
Any request for a variance from one or more provisions of this chapter (see Section 7-7-23 of this chapter);
9.
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; and
10.
Such additional information as may be reasonably required by the
City.
D.
Supplemental Application Requirements For Specific Types Of Facilities: In addition to the requirements of Subsection C of this section, the permit application shall include the following items, as applicable to the specific facility that is the subject of the permit application:
1.
In the case of the installation of a new electric power, communications,
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 or other local or State
entities with jurisdiction, have been satisfied;
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;
6.
In the case of a utility seeking to erect a new freestanding facility,
including a monopole or utility pole, or attach an antenna to an existing
freestanding facility, for the purpose of providing telecommunications,
the utility shall indicate how the proposed improvement is necessary
to close a significant gap in coverage or capacity in the utility's
telecommunications service.
7.
Applications for small wireless facilities must also include the
following:
a.
Drawings and site plans for each proposed small wireless facility
covered by the application;
b.
The location where each proposed small wireless facility or utility
pole will be installed and photographs of the location and its immediate
surroundings;
c.
A site specific structural analysis and engineering drawing for each
proposed small wireless facility covered by the application, prepared
and stamped by a professional engineer, which demonstrates the utility
pole or Municipally-owned infrastructure is safely capable of supporting
the small wireless facility in all reasonably foreseeable weather
conditions without creating a risk to public health and safety. The
structural analysis will also describe the method by which the facility
is designed to fail and demonstrate that any structural failure to
the facility shall not cause harm to any residential structure;
d.
The equipment type and model numbers for the antennas and all other
wireless equipment associated with the small wireless facility;
e.
A proposed schedule for the installation and completion of each small
wireless facility covered by the application;
g.
Applications must include the screening and stealth concealment methods
used for each proposed small wireless facility covered by the application.
E.
Applicant's Duty To Update Information: Throughout the entire permit
application review period and the construction period authorized by
the permit, any amendments to information contained in a permit application
shall be submitted by the applicant in writing to the City within
30 days after the change necessitating the amendment.
F.
Application Fees: Unless otherwise provided by franchise, license,
or similar agreement, applications for permits pursuant to this chapter
shall be accompanied by a fee in the amount of $500. 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.
G.
Application Fees For Small Wireless Facilities: All applications
for the collocation of a single small wireless facility on an existing
utility pole or wireless support structure shall be accompanied by
a fee in the amount of $650. All applications for the collocation
of more than one small wireless facility on an existing utility pole
or wireless support structure shall be accompanied by a fee in the
amount of $350 for each small wireless facility addressed in said
application. An application for the installation of a small wireless
facility that will require a new utility pole must be accompanied
by a fee in the amount of $1,000.
H.
Consolidated Applications For Small Wireless Facilities: Applications
for small wireless facilities may be submitted on a consolidated basis
provided they involve the same type of small wireless facility and
the same type of structure. The City may, at its discretion, remove
small wireless facility collocations from the consolidated application
and treat them separately for purposes of deeming the application
incomplete or denied.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-20-90, 6-18-2018]
A.
Application Deadlines For Small Wireless Facilities: Applications
are deemed complete if the City does not notify the applicant otherwise
within 30 days of receipt of the application.
If the application to collocate a small wireless facility is
to be placed on an existing utility pole, the City will notify the
applicant of its approval or denial within 90 days. If the City fails
to notify the applicant within that timeframe, the application will
be deemed approved. If the application to collocate a small wireless
facility requires the installation of a new utility pole, the City
will notify the applicant of its approval or denial within 120 days.
If the City fails to notify the applicant within that timeframe, the
application will be deemed approved.
B.
City Review Of Permit Applications: Completed permit applications,
containing all required documentation, shall be examined by the Street
Superintendent on a nondiscriminatory basis. If the application does
not conform to the requirements of applicable ordinances, codes, laws,
rules, or regulations that concern public safety, the Street Superintendent
shall notify the applicant of the basis for a denial, including specific
code provisions upon which the denial was based. The applicant may
cure the deficiencies and resubmit a revised application without paying
additional application fees.
When reviewing applications for small wireless facilities, the
City will approve or deny the revised application within 30 days after
the applicant resubmits the application or it will be deemed approved.
If the Street Superintendent is satisfied that the proposed work conforms
to the requirements of this chapter and applicable ordinances, codes,
laws, rules, and regulations, the Street Superintendent shall issue
a permit. In all instances, it shall be the duty of the applicant
to demonstrate, to the satisfaction of the Street Superintendent,
that the construction proposed under the application shall be in full
compliance with the requirements of this chapter.
C.
Additional City Review Of Applications Of Telecommunications Retailers:
1.
Pursuant to Section 4 of the Telephone Company Act, 220 Illinois
Compiled Statutes 65/4, a telecommunications retailer shall notify
the City that it intends to commence work governed by this chapter
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 City Street Superintendent 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 City Street Superintendent fails to provide
such specification of location to the telecommunications retailer
within either: a) 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 b) 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 chapter.
3.
Upon the provision of such specification by the City, where a permit is required for work pursuant to Section 7-7-4 of this chapter 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 B of this section.
D.
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.
[Ord. 17-05-02-90, 5-15-2017]
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 chapter 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: No permit issued to a utility 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. Collocation
of small wireless facilities must be completed within 180 days after
the issuance of the permit. If collocation is not complete, the permit
will be void. Permits for small wireless facilities are valid for
five years from the time of issuance.
C.
Pre-Construction Meeting Required: No construction shall begin pursuant
to a permit issued under this chapter prior to attendance by the permittee
and all major contractors and subcontractors who will perform any
work under the permit at a pre-construction meeting. The pre-construction
meeting shall be held at a date, time and place designated by the
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.
[Amended by Ord. 18-06-02-90, 6-18-2018]
D.
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.
[Ord. 17-05-02-90, 5-15-2017]
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 chapter, it shall be treated as a request for variance in accordance with Section 7-7-23 of this chapter. 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.
[Ord. 18-06-02-90, 6-18-2018]
The City shall charge an annual recurring rate for the collocation
of small wireless facilities on Municipally-owned infrastructure located
in its right-of-way equal to either $200 per utility pole, or the
actual, direct, and reasonable costs related to the wireless provider's
use of space on the City utility pole, whichever is greater. If the
City elects to charge the actual, direct, and reasonable costs related
to the wireless provider's use of space on the Municipally-owned infrastructure,
it shall adopt a fee schedule on an annual basis.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
A.
Required Coverages And Limits: Unless otherwise provided by franchise,
license, or similar agreement, each wireless provider or utility occupying
right-of-way or constructing any facility in the right-of-way shall
secure and maintain the following liability insurance policies insuring
the wireless provider or 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 A1 of
this section:
1.
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:
2.
Worker's compensation with statutory limits; and
3.
Property insurance for replacement costs against all risks.
If the wireless provider or 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 wireless provider or utility 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.
D.
Maintenance And Renewal Of Required Coverages: The insurance policies
required by this section shall contain the following endorsement:
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It is hereby understood and agreed that this policy may not
be canceled nor the intention not to renew be stated until 30 days
after receipt by the City, by registered mail or certified mail, return
receipt requested, of a written notice addressed to the City Administrator
of such intent to cancel or not to renew.
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Within 10 days after receipt by the City of said notice, and
in no event later than 10 days prior to said cancellation, the wireless
provider or utility shall obtain and furnish to the City evidence
of replacement insurance policies meeting the requirements of this
section.
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E.
Self-Insurance: A wireless provider or utility may self-insure all
or a portion of the insurance coverage and limit requirements required
by this section. A wireless provider or utility that self-insures
is not required, to the extent of such self-insurance, to comply with
the requirement for the naming of additional insureds under this section.
A wireless provider or utility 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 this section, such as evidence that the wireless provider or
utility is a "private self insurer" under the Workers Compensation
Act.
F.
Effect Of Insurance And Self-Insurance On Wireless Provider Or Utility's
Liability: The legal liability of the wireless provider or utility
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.
G.
Insurance Companies: All insurance provided pursuant to this section
shall be effected under valid and enforceable policies, issued by
insurers legally able to conduct business with the licensee in the
State of Illinois. All insurance carriers and surplus line carriers
shall be rated "A-" or better and of a Class Size "X" or higher by
A.M. Best Company.
[Ord. 18-06-02-90, 6-18-2018]
By occupying or constructing facilities in the right-of-way,
a wireless provider or utility 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 wireless provider or 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 wireless provider or 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, its officials, officers,
employees, agents or representatives.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 chapter;
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 chapter; 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 non-performance by permittee in violation of this chapter including,
without limitation, any damage to public property or restoration work
the permittee is required by this chapter 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 chapter 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.
Shall 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 City Street Superintendent, 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 City Street Superintendent 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 non-performance by the permittee; or
4.
Fails to comply with any provision of this chapter 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 chapter 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 chapter 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.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
A.
City Right To Revoke Permit: The City 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.
Non-compliance 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; 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
chapter 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:
Upon receipt of a written notice of revocation or suspension from
the City, the permittee shall have the following options:
1.
Immediately provide the City with evidence that no cause exists for
the revocation or suspension;
2.
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
3.
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.
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The City may, in its discretion, for good cause shown, extend the time periods provided in this Subsection C.
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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.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
A.
Notification Of Change: A utility 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. The new owner of
the utility or the facility shall have all the obligations and privileges
enjoyed by the former owner under the permit, if any, and applicable
laws, ordinances, rules and regulations, including this chapter, 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.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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;
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 chapter, the City Street Superintendent shall determine, in
the exercise of sound engineering judgment, which principles apply
and such decision shall be final. If requested, the City Street Superintendent
shall state which standard or principle will apply to the construction,
maintenance, or operation of a facility in the future.
[Ord. 18-06-02-90, 6-18-2018]
A.
Public Safety: The placement of any antenna, wireless facility or
small wireless facilities located in the City right-of-way may not
interfere with the frequencies used by public safety agencies for
public safety communications. Unacceptable interference will be determined
in accordance with industry standards and the Federal Communications
Commission's regulations addressing unacceptable interference to public
safety spectrum. If an antenna, wireless facility or small wireless
facility causes such interference, the owner must take all steps necessary
to correct and eliminate the interference at its own costs. The City
may terminate a permit for any antenna, wireless facility or small
wireless facility based on such interference if the interference is
not corrected.
The City may reserve space on its utility pole for future public
safety uses (or for the City's electric utility uses). This reservation
of space may preclude the collocation of a small wireless facility
where the City determines that the utility pole cannot accommodate
both uses.
B.
Minimum Requirements: The City's minimum requirements for traffic
protection are contained in IDOT's Illinois Manual On Uniform Traffic
Control Devices and this Code.
C.
Warning Signs, Protective Devices, And Flaggers: The wireless provider
or 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 wireless provider or utility's workers when performing any
work on the rights-of-way.
D.
Interference With Traffic: All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
E.
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 wireless provider or utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to Section 7-7-22 of this chapter, the wireless provider or utility shall provide such notice as is practicable under the circumstances.
F.
Compliance: The wireless provider or utility shall take immediate
action to correct any deficiencies in traffic protection requirements
that are brought to its attention by the City.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 City Street Superintendent determines that
the proposed location will require the relocation or displacement
of any of the City's facilities or will otherwise interfere with the
operation or maintenance of any of the City's 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.
5.
Size Of 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.
6.
Eliminated Utility Poles: The City is not required to install or
maintain any specific utility pole or to continue to install or maintain
utility poles in any location if it makes a non-discriminatory decision
to eliminate above-ground utility poles of a particular type. For
City utility poles with collocated small wireless facilities in place
when the City makes a decision to eliminate above-ground utility poles,
the City will, at its discretion, either maintain the utility pole
or install and maintain an alternative utility pole for the collocation
of the small wireless facility, or offer to sell the utility pole
to the wireless provider.
B.
Parallel Facilities Located Within Highways:
1.
Overhead Parallel Facilities: An overhead parallel facility may be
located within the right-of-way lines of a highway only if:
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.
C.
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.
90° 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 III. 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 to provide a marker at
each right-of-way line where an underground facility other than a
power or communication facility crosses a highway. Each marker shall
identify the type of facility, the utility, and an emergency phone
number. Markers may also be eliminated as provided in current Federal
regulations [49 CFR 192.707 (1989)].
D.
Facilities To Be Located Within Particular Rights-Of-Way: The City
may require that facilities be located within particular rights-of-way
that are not highways, rather than within particular highways.
E.
Freestanding Facilities:
1.
Small Wireless Facilities:
a.
The City may not require the placement of a small wireless facility
on a specific utility pole or category of poles. However, should the
application necessitate the installation of a new utility pole, the
City may propose that the small wireless facility be collocated on
an existing utility pole or existing support structure within 100
feet of the proposed collocation. Should the applicant reject the
proposed relocated collocation, it must provide a written certification
describing the property rights, technical limits or material cost
reasons the alternative location will not satisfy the wireless provider's
needs. The City may require any monopole, utility pole or other freestanding
facility located within a right-of-way to be screened from view in
compliance with the appearance standards described below.
b.
If all existing monopoles, utility poles and other aboveground facilities
are located on one side of the right-of-way, all new monopoles, utility
poles and other freestanding facilities shall be located on the same
side of the right-of-way as the existing aboveground facilities. If
there exist above ground facilities on both sides, new freestanding
facilities shall be located on the side where the above ground facilities
most closely match the scale of the new freestanding facility.
2.
Other Facilities:
a.
The City may restrict the location and size of any monopole, utility
pole or other freestanding facility located within a right-of-way.
No freestanding facility located within a right-of-way may be constructed
or modified so that the height of the freestanding facility is higher
by more than 10 feet or more than 10%, whichever is greater, than
any other existing, freestanding facility located within the right-of-way
within 300 feet of the proposed facility, measured along the center
line of the respective right-of-way. Where there are no other freestanding
facilities located within 300 feet of the proposed facility, the maximum
height of the freestanding facility shall be 45 feet.
b.
The City may require any monopole, utility pole or other freestanding
facility located within a right-of-way to be screened from view.
c.
If all existing monopoles, utility poles and other aboveground facilities
are located on one side of the right-of-way, all new monopoles, utility
poles and other freestanding facilities shall be located on the same
side of the right-of-way as the existing aboveground facilities. If
there exist above ground facilities on both sides, new freestanding
facilities shall be located on the side where the above ground facilities
most closely match the scale of the new freestanding facility.
F.
Height Restrictions For Small Wireless Facilities: Small wireless
facilities are limited to a maximum height of 10 feet above the utility
pole or wireless structure on which it is collocated. The height limit
of a new or replacement utility pole or wireless support structure
on which small wireless facilities are collocated is limited to the
higher of: 1) 10 feet higher than the tallest existing utility pole
within 300 feet of the new or replacement utility pole or wireless
support structure that is in the same right-of-way; or 2) 45 feet
above ground level. The City shall designate which intersecting right-of-way
within 300 feet of the proposed utility pole or wireless support structure
shall control the height limitation.
G.
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 Municipally-owned
infrastructure shall be used wherever practicable; the installation
of additional utility poles or monopoles is strongly discouraged.
H.
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.
Appearance Standards:
1.
The City 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.
J.
Facility Attachments To Existing Utility Poles And Municipally-Owned
Infrastructure:
1.
Any facility attached to existing utility poles and Municipally-owned
infrastructure shall not result in a substantial change to the physical
dimensions of the utility pole or Municipally-owned infrastructure,
provided the City may require a smaller facility for the purpose of
complying with any other more restrictive regulation in this chapter.
2.
A facility shall be deemed to substantially change the physical dimensions
of the utility pole or Municipally-owned infrastructure if it meets
any of the following criteria:
a.
It increases the height of the structure by more than 10% or more
than 10 feet, whichever is greater. Changes in height should be measured
from the existing dimensions of the utility pole or Municipally-owned
infrastructure before the first facility is attached.
b.
It involves adding an appurtenance to the body of the utility pole
or Municipally-owned infrastructure that would protrude from the edge
of such structure by more than six feet.
c.
It involves installation of any new equipment cabinets on the ground
if there are no pre-existing ground cabinets associated with the structure.
d.
It would defeat any concealment elements of the utility pole or Municipally-owned
infrastructure.
3.
A telecommunications facility which does not result in a substantial
change to the physical dimensions of the utility pole or Municipally-owned
infrastructure shall be permitted only if it meets all of the following
criteria:
a.
All antennas capable of serving two or fewer telecommunications providers
that are part of the deployment shall fit within enclosures (or if
the antennas are exposed, within imaginary enclosures) that are individually
no more than three cubic feet in volume. Any neutral host antennas
capable of serving more than two telecommunications providers shall
fit within enclosures (or if the antennas are exposed, within imaginary
enclosures) that are individually no more than seven cubic feet in
volume. All antennas on the structure, including any pre-existing
antennas on the structure, shall fit within enclosures (or if the
antennas are exposed, within imaginary enclosures) that total no more
than seven cubic feet in volume.
b.
All other equipment associated with the telecommunication facility
and attached to the utility pole or Municipally-owned infrastructure
shall be the smallest practicable volume for the operation of such
facility and be located as high above the established grade as practicable
and which complies with all other applicable separation requirements.
Where no other restrictions apply, the equipment shall be located
at least eight feet above existing grade.
c.
The telecommunication facility, including all related equipment and
appurtenances, must be a color that blends with the surroundings of
the utility pole or Municipally-owned infrastructure on which it is
mounted and use non-reflective materials which blend with the materials
and colors of the surrounding area and structures. Any wiring must
be concealed within the freestanding facility or covered with an appropriate
cover.
d.
Facilities under common ownership or operated on the same radio frequency
shall be separated as far as practicable.
e.
The applicant files a structural analysis, stamped by a professional
engineer, which demonstrates the utility pole or Municipally-owned
infrastructure is safely capable of supporting the telecommunications
facility in all reasonably foreseeable weather conditions without
creating a risk to public health and safety. The structural analysis
will also describe the method by which the telecommunications facility
is designed to fail and demonstrate that any structural failure to
the telecommunications facility shall not cause harm to any residential
structure.
f.
All permits, licenses and approvals required by the owner of the
utility pole or Municipally-owned infrastructure have been granted
prior to applying for a City permit.
[Ord. 18-06-02-90, 6-18-2018]
A.
Residential Design Standards:
1.
Purpose: Ensure visually acceptable facility design and to provide
discretion on required and preferred design of small wireless facilities.
2.
Applicability: These design standards shall apply to each facility
located in a district zoned for residential uses:
a.
Applicants must use architectural treatments and stealth techniques
to reduce potential visual impacts from all small wireless facilities.
b.
All new utility poles installed for the purpose of mounting a facility
must be stealth or camouflaged to blend into the surrounding environment.
Examples of stealth or camouflage designs are presented in figure
1 of this section.
c.
Small wireless facilities and all ancillary equipment associated
with the facility must not emit sound.
d.
Cables must be routed directly from the ground through the pole and
equipment enclosures must completely enclose or hide cabling. No exposed
cable is allowed.
e.
No flashing lights or unnecessary, non-essential stickers are allowed
to be placed on any facility. Stickers must be designed in the same
color as the pole to which they are attached.
f.
In no case shall equipment block the sidewalk or pedestrian pathway.
All installations must maintain accessibility requirements and standards.
g.
All newly installed equipment must be painted with graffiti-resistant
paint to match pole color and surroundings.
h.
Colors and materials for small wireless facilities shall be chosen
to minimize the visibility of the facility.
i.
Antennas attached to existing poles or Municipally-owned infrastructure
shall be painted and textured to match the existing structure.
j.
Any ground-mounted facility shall be painted with non-reflective
matte finish paint using color shades that are comparable or blend
with surrounding natural elements such as soil, trees, or grasslands.
Any ground-mounted facility shall be screened from the yard of the
property in front of which it is located using year-round landscaping
materials. The owner of the ground-mounted facility shall guarantee
the landscaping materials for a period of one year from planting.
k.
All disturbed pavement and landscaping shall be replaced and areas
of bare or disturbed soils must be re-vegetated. If replacement landscape
is determined to be infeasible the City may accept mitigation funds
to use elsewhere. The owner of the ground-mounted facility shall guarantee
the restoration work or reseeding for a period of one year.
l.
No facility may display any signage or advertisements unless expressly
allowed by the City in a written approval, recommended under FCC regulations
or required by law or permit condition. Every facility shall at all
times display signage that accurately identifies the facility owner
and provides the facility owner's unique site number, and also provides
a local or toll-free telephone number to contact the facility owner's
operations center. All required or permitted signage must face toward
the street or otherwise placed to minimize visibility from adjacent
sidewalks and structures.
|
FIGURE 1
SAMPLE STEALTH DESIGNS FOR SMALL CELL UTILITY POLES
.tif.png "7-7 Figure 1(1).tif") |
.tif.png "7-7 Figure 1(2).tif") |
B.
Design Standards In Special Aesthetic/Economic Purpose Zones:
1.
Purpose: To protect and promote the City's unique character in a
manner consistent with State and Federal laws and regulations.
2.
Applicability: These design standards shall apply to: a) each area,
district, neighborhood or zone expressly designated in the Comprehensive
Plan as having special aesthetic or economic impacts on the welfare
of the community; and b) each redevelopment area designed under the
Tax Increment Allocation Redevelopment Act or the Business District
Development and Redevelopment Act:
a.
Siting of small wireless facilities in special aesthetic/economic
purpose zones must respect the existing character or design ordinance
of established zone.
b.
Applicants must include proposed stealth and concealment measures
in their applications.
c.
Effective camouflage so as to disguise the facility so that it appears
to be something other than a facility and is at the same time compatible
with its surroundings (for example, designed to look like a tree).
d.
Small wireless facilities must be designed so that the facilities
silhouette, mass and color are masked in such a way as to be virtually
indistinguishable from their background.
e.
Examples of stealth or camouflage designs are presented in figure
1 of this section.
C.
Design Standards In Historic Districts:
1.
Purpose: To promote the educational, cultural, economic and general
welfare of the City by identifying, preserving, protecting, enhancing
and encouraging the continued utilization and the rehabilitation of
such areas, properties, structures, sites and objects having a special
historical interest or value to the City and its citizens.
2.
Applicability: These design standards apply in any historic district
or on any historic landmark:
a.
Districts, sites, buildings, structures or objects, significant in
American history, architecture, archeology, engineering or culture,
that are listed, or are eligible for listing, in the National Register
of Historic Places are to be avoided, to the greatest extent possible.
Local landmarked buildings, properties, sites, or historic districts
that are so recognized by an ordinance that meets the requirements
of the certified Local Government Program of the Illinois State Historic
Preservation Office are also to be avoided, to the greatest extent
possible.
b.
Applicants must include proposed stealth and concealment measures
in their applications.
c.
Applicant must implement said City-approved design concepts, and
the use of camouflage or stealth materials as necessary in order to
achieve compliance with historic preservation review.
d.
Prior to submitting an application, where the applicant submits an
application to site facilities in a historic district, the applicant
must meet with the City to discuss any potential design modifications
appropriate for the installation.
e.
When siting a facility in a historic district, wireless provider
must avoid removing, obscuring or altering any historic material or
significant architectural features. Rehabilitation and make-ready
work must not destroy the distinguishing character of the property
or its environment.
f.
Deteriorated architectural features should be repaired rather than
replaced, wherever possible by means such as rust removal, caulking,
limited paint removal and reapplication of paint.
D.
General Design Standards:
1.
Applicability: These design standards apply to all small wireless
facilities:
a.
All small wireless facilities not governed by the preceding design
standards must be placed so as to minimize visibility. The small wireless
facility, including all ancillary equipment and appurtenances, must
be a color that blends with the surroundings of the utility pole or
Municipally-owned infrastructure on which it is mounted and use non-reflective
materials which blend with the materials and colors of the surrounding
area and structures. Any wiring must be concealed within the freestanding
facility or covered with an appropriate cover.
b.
The City may discourage the installation of facilities in particular
locations in order to preserve visual quality.
c.
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.
d.
A facility may not be installed in a manner which defeats any existing
concealment elements of the utility pole or Municipally-owned infrastructure
to which it is attached.
e.
Facilities under common ownership or operated on the same radio frequency
shall be separated as far as practicable.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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
the City Street Superintendent 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 City Street Superintendent.
b.
Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.
c.
Drip Line Of Trees: The utility shall not trench within the drip
line of any tree designated by the 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 shall be responsible to remove and restore
any backfilled area that has settled due to construction of the facility.
If so ordered by the Street Superintendent, 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 Street Superintendent.
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 A4 is permitted under Section 7-7-23 of this chapter, 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 Street Superintendent.
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 JULIE 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 above-ground 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.
e.
In the case of gas pipelines or petroleum products pipelines with
installations of more than 60 psig, encasement may be eliminated only
if: 1) extra heavy pipe is used that precludes future maintenance
or repair and 2) cathodic protection of the pipe is provided.
f.
If encasement is eliminated for a gas or petroleum products pipeline,
the facility shall be located so as to provide that construction does
not disrupt the right-of-way.
6.
Minimum Cover Of Underground Facilities: Cover shall be provided
and maintained at least in the amount specified in the following table
for minimum cover for the type of facility:
|
Type Of Facility
|
Minimum Cover
|
|---|---|
|
Communication, cable or video service lines
|
18 inches to 24 inches (0.45 m to 0.6 m, as determined by City)
|
|
Electric lines
|
30 inches (0.8 m)
|
|
Gas or petroleum products
|
30 inches (0.8 m)
|
|
Sanitary sewer, storm sewer, or drainage line
|
Sufficient cover to provide freeze protection
|
|
Water 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 shall make every reasonable effort
to design the installation so guys and braces will not be needed.
Variances may be allowed if there is no feasible alternative and if
guy wires are equipped with guy guards for maximum visibility.
c.
Underground Facilities:
(1)
Cable may be installed by trenching or plowing, provided that
special consideration is given to boring in order to minimize damage
when crossing improved entrances and side roads.
(2)
If a crossing is installed by boring or jacking, encasement
shall be provided between jacking or bore pits. Encasement may be
eliminated only if: a) the crossing is installed by the use of "moles",
"whip augers", or other approved method which compress the earth to
make the opening for cable installation or b) the installation is
by the open trench method which is only permitted prior to roadway
construction.
(3)
Cable shall be grounded in accordance with the National Electrical
Safety Code.
d.
Burial Of Drops: All temporary service drops placed between November
1 of the prior year and March 15 of the current year, also known as
snowdrops, shall be buried by May 31 of the current year, weather
permitting, unless otherwise permitted by the City. Weather permitting,
utilities shall bury all temporary drops, excluding snow-drops, 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 Section 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.
Waterlines, Sanitary Sewer Lines, Stormwater Sewer Lines Or Drainage
Lines: Water lines, sanitary sewer lines, stormwater 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 Street Superintendent.
With the approval of the Street Superintendent, 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 City Street
Superintendent. 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 right-of-way, prior approval must be obtained from the City.
3.
Hazardous Materials: The plans submitted by the utility 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 Street Superintendent when
emergency work is required to restore vital utility services.
E.
Location Of Existing Facilities: Any utility proposing to construct
facilities in the City shall contact JULIE 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
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 or by JULIE, a utility shall locate
and physically mark its underground facilities within 48 hours, excluding
weekends and holidays, in accordance with the Illinois Underground
Facilities Damage Prevention Act.[1]
[1]
Editor's Note: See 220 ILCS 50/1 et seq.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 - 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
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 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 demonstrates to the satisfaction
of the Street Superintendent that such spraying is the only practicable
method of vegetation control.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
A.
Notice: Within 90 days following written notice from the City, a
utility 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. Wireless
providers are required to provide the City with written notice of
its intent to sell or transfer small wireless facilities. Such notice
must include the name and contact information of the new wireless
provider.
B.
Removal Of Unauthorized Facilities: Within 30 days following written
notice from the City, 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 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, 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:
1.
Small Wireless Facilities: As used in this section, a small wireless
facility that is not operated for a continuous period of 12 months
shall be considered abandoned. The owner of an abandoned small wireless
facility shall notify the City within 90 days of it being abandoned
and the owner of that small wireless facility must remove the small
wireless facility within 90 days after sending such written notice
to the City. The City may direct the wireless provider to remove all
or any portion of the facility if the City Engineer determines that
such removal will be in the best interest of the public health, safety
and welfare. If the small wireless facility is not removed within
90 days of such notice, the City may remove or cause the removal of
the facility pursuant to the terms of its pole attachment agreement
for City utility poles or through whatever actions are provided for
abatement of nuisances or by other law for removal and cost recovery.
2.
Other Utility Facilities: As used in this section, a facility that
is not operated for a continuous period of 12 months shall be considered
abandoned. Upon abandonment of a facility within the rights-of-way
of the City, the utility shall notify the City within 90 days. The
owner of the abandoned facility must remove the facility within 90
days after sending such written notice to the City. The City may direct
the utility to remove all or any portion of the facility if the City
Engineer determines that such removal will be in the best interest
of the public health, safety and welfare. If the facility is not removed
within 90 days of such notice, the City may remove or cause the removal
of the facility pursuant to the terms of its pole attachment agreement
for City utility poles or through whatever actions are provided for
abatement of nuisances or by other law for removal and cost recovery.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
The utility shall remove all excess material and restore all
turf and terrain and other property within 10 days after any portion
of the rights-of-way are disturbed, damaged or destroyed due to construction
or maintenance by the utility, 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 City Street Superintendent. 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 Street Superintendent for good cause shown.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 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 Street Superintendent 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 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
a description of the repairs undertaken in the right-of-way within
48 hours after an emergency repair.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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 Street Superintendent 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 Street Superintendent 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 Street Superintendent
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 Street Superintendent 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 Street Superintendent under the provisions of this chapter
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.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
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. There
may be times when the City 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'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 that does not pay the costs apportioned to it.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
Nothing in this chapter shall be construed as limiting any additional
or further remedies that the City may have for enforcement of this
chapter.
[Ord. 17-05-02-90, 5-15-2017; amended by Ord. 18-06-02-90, 6-18-2018]
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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.
